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HomeMy WebLinkAboutDirtworksRESOLUTION 2008-996 ADOPTED DOC ID: 4368 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-996 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 5, 2008: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Dirtworks (Scott Corwin)~ PO Box 276~ Greenpork NY 11944 in the amount of $38~108.00 to demolish and remove buildings and debris~ at the Laurel Lake Preserve, as per the bid specifications prepared by James Richter, RA, Office of the Town Engineer, dated September 9, 2008 and authorizes Supervisor Scott Russell to sign an Agreement with Dirtworks (Scott Convin) for this work, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell AGREEMENT ORIGINAL THIS AGREEMENT made this 6th day of November 2008 between the Town of Southold, a municipal corporation of the State of New York, having its office and principal place of business at 53095 Main Road, Southold, New York 11971 hereinafter called the "Town" and Scott Corwin d/b/a Dirtworks, PO Box 276, Greenport, NY 11944 herein after called the "Contractor". WHEREAS, the Town of Southold desires to engage the contractor to render certain professional services herein described in connection with an undertaking. NOW, therefore, the parties hereto mutually agree as follows: 1. The Contractor does hereby agree to perform all the work outlined in the "Invitation to Bid - Laurel Lake Preserve, Demolition & Site Restoration Project", as per the plans and specifications prepared by James Richter, RA, Office of the Town Engineer and annexed hereto and made part of this contract (Exhibit A). 2. The Town does hereby agree to pay the Contractor for the work, the total sum of Thirty Eight Thousand, One Hundred Eight ($38,108). The total sum is to be paid to the Contractor within forty-five (45) days of the completion of the said work and the acceptance thereof by the Town. 5. The Contractor shall secure and maintain such insurance that will protect him/her from claims under the Worker's Compensation Acts and from claims for bodily injury, death or property damage that may arise from the performance of his/her services under this Agreement, in limits of $1,000,000. and $2,000,000. aggregate liability for bodily injury and property damage. The Contractor shall indemnify and hold harmless the Town from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the alleged negligent performance or negligent performance by the Contractor, his employees or agents or any subcontractor and in case of any such action brought against the Town, the Contractor shall immediately take charge of and defend the same at his own cost and expense. In addition, the Contractor will name the Town as an additional insured on any applicable policies. IN WITNESS WItEREOF, the parties hereto have set their hands and seals the day and year first above written. Town of Southold Scott ~. Russell,tSupervisor/ Dirtworks Scott C6"~rw~ ~ v - ~ '~ - x~ Invitation to' Bid Laurel Lake Preserve DEMOLITION & SITE RESTORATION PROJECT 5145 Route 25 Mattltuck, NY 11952 Dated: September 9, 2008 .SO~qo~ Tow~ RESOLUTION 2008-845 ADOPTED THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-845 WAS ADOPTED AT THE REGULAR MEETING SEPTEMBER 9, 2008: OF THE SOUTHOLD TOWN BOARD ON RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs thee Town Clerk to advertise for bids for the demolition removal of concrete block buildin s wooden frame buildin s old tanks concrete and as halt ads and miscellaneous debris on the Laurel Lake Preserve in accordance with the lans & s ecifications re areal b James Richter RA Office of the Town En ineer. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert ICrupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell INVITATION TO BID Project: Demolition and removal of wooden buildings, concrete block buildings, asphalt and concrete pads, and miscellaneous debris, at the Laurel Lake Preserve, 5145 Route 25, Mattituck, NY 11952. The Town Board of the Town of Soutbold will receive bids at the Office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, NY 11971, until 10:00 a.rm, Thursday, October 23, 2008. This invitation to bid is not an offer and shall in no way bind the town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informality and reject any or all bids and to retain bids for 45 days from the date of receipt. withdraw his bid during this period. The CONTRACTOR SHALL NOT Please advise if you intend to bid or not. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk A-1 PROJECT DE8CRIPTION Laurel Lake Preserve - Demolition and Site Restoration Project Demolition and removal of wooden, concrete block buildings, asphalt and concrete pads and other miscellaneous debris, at the laurel Lake Preserve, as outlined in the Plans & Specifications prepared by James Richter, RA, Office of the Town Engineer. Project Location: 5145 Route 25, Mattituck, New York 11952 The contractor shall be responsible for all demolition work and the disposal of all debris generated by the project. The contractor, its employees shall have the required access to the job location and work site in order for the herein described work to be accomplished. The Town of Southold will obtain aH the required permits and control or jurisdiction over the herein described work. approvals having authority, REQUESTS FOR FURTHER INFORMATION & ALL. INQUIRIES SHOULD BE ADDRESSED TO THE ARCHITECT @ THE SOUTHOLD DEPARTMENT: TOWN ENGINEERING Attention: James A. Richter, PA, (631) 765 - 1560 Southold Town Hall 53095 Main Road Southold, NewYork 11971 · The foregoing project description is provided for general Information only. It is not a pa~t of lhe eonlmot documents. For the epedflc provisions and requirernent:~ of this project, please refer to Ihe full Spedfications and Contmc~ Drawings contained heraln. INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Pmpesal Form" provided. The bidders shall write In Ink, both in words. & numerals, the price for which he prOPosed: to furnish all materials, plant, equipment, tools~ shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and speclflcalibns, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder, Proposals shall be addressed as thdlcated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will.not be accepted or col~dered un~J~ss accompanied by a guaranty In the form of a ;rouC~hr~Ide. d check in the ameant o. f §~of th~91~ bid, for each item b,d, and reade.payable to the ~downbenoC~ As aoou as the proposal pr .Ic~e~e'J~n compared, the Owner shall return the bidder's bond or the ~he~_fi.e_d_ ~c?ec.k.s.a..ccompan~st/~....oposa!? ~s, in his ju.,d, gment, would not tike¥ be Involved in maki a.war, a. A~I oma- prol:lbs¥~qp~ntitles will be held until the contract a,-~ ~.,-, ........ ng exectlte(~ after which the ,,.~ ..,-.,ua~ rmne nave Peen y ~ J~ released or relurned to the accompanied. ,/. ...... reo~..,,v,~ u~uuu[s whose proposals they C.OMISSIONS AND DISCREPANCIES Bidders should cerefully; examine the drawings and specifications, visit the site of work, end fully inform themselves of ell conditions and matters which can In any way affect the work or the cesl thereof. Should a bidder find discrepancies in er omissions from the dmwi'ngs, specifications, or other documents or should he be in doubt as to lhelr meaning, he should at once notity the Architect who may issue a written instruction to all biddem. D.PUBLIC OPENING OF PROPOSALS Proposals will be OPened and read publicly at Ihs time and place indicated in the invltatk)n for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract wlf! be made as soon as practical. A conffact nm¥ be awarded to a responsible bidder ofher lhen the lowest money bidder, If ti is in g~e best Interest of the Town. No bid may be withdrawn after scbeduled dosing lime for receipt of bids for a period of 45 days pending exeoufJon Of a contract by auceessful bidder. The competency and reop<msiblflty of the bidder and his sub-coutmctom wlti be considered in making the award, The Town reserves the right to waive any technk:al error, to accept any bid, or fo reje(~t eny or ell btds. The Town will elltmr award the project or reJec~ all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notk~e In writing signed by the Town Clerk and no ofher act shall eonsfllute the aca~u~e of a proposal, B-I F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of Opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the dght tu waive any technical error and to reject any and/or all Proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having Interlineations, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state In his bid that be has available or under his control, plant and equipment of the character and In the amount required to complete the proposed work within the specific time. I, TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or If a firm or coq~oration, a duly authorized representative shall so appear, and executa slx (6) copies of the Contract and fumlsh satisfactory Performance and Payment Bond within ten (10) days after notice that the Centract has been awarded le him. Failure to execute Corttract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the ToWn for such breach will include loss from interference with his construction program and other items, the accurata amount of which it will be'd~cuit or Impossible to coropute. The amount of the certified check or bidders bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whOse proposal shall be accepted sbait fall or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such 'bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J, TIME LIMIT TO COMMENCE AND COMPLETE WORK The centractor shall COmmence work within ten (10) calendar days after the date stipulated In the notice to proceed which was given to him by the ' Town of South(~d and shall complete the work within the calendar day limit as set forth by him in his Proposal, but nof~ more than slxly (60) working days. EHD OF SECTION B-2 INDEX TO SPECIFICATIONS Project Description _BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Fdrm N.Y.S. Affirmative Action Certification Non-Discrimination Clause Statement of Non-Collusion GENERAL CONDITIONS A- 1 through A- 1 B~I through B-2 C-1 through C-1 D-1 through D-2 E-1 through E-1 F - 1 through F- 2 G- 1 through G-1 AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Payroll Certification forms compliance with the Labor Law & Other Dept. of Labor Regulations AIA Document # A201 H-1 through H -2 I - 1 through I- 1 J -1 through J -X K-1 . through K -2 L-1 through L -8 PROJECT SPECIFICATIONS - GENERAL REQUIREMENTS Summary of Work construction Facilities & Temporary controls Substitutions Disposal C__ONSTRUCTION SPECIFICATIONS' Page 1 Page 2 Page 2 Page 2 Thermal & Molslum Protection - General: Products Page 3 Page 3 thmugh Page 8 Indexto: DRAWINGS Laurel Lake Preserve-Demolition and Site Restoration Project Drawing#R-1 C-1 PROPOSALFORM Date: NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL- §3095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD.. The undersigned as bidder, declares that the only persons, company, or parties interested in (his proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and tha~ no person acting for or employed by the aforementioned owner is or will be interested directly Or indirectly, in the performanco of the contract, or the supplies relating to it, or in an,/portion of the profit thereof; that he has carefully examined the contract documenf~ dated: September 9, 2008;, including bidding requirements, contract, general & special conditions, specifications, contract drawings, ahd addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of (he proposed work, and by such other means as he may have chosen, as to (he conditions and requirements of (he work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications)- and to perform all the work required to construct, Dqrform and complete the work at: Laurel Lake Preserve, 5145 Route 25, Mattituck, New York 11952 and all other work in connection (herewith, in accordance with the contract documents and addenda, tf any, prepared James A. Richter, R.A., Southold Town Engineering Department, Southeld Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the sltpulations contained (herein and that he will start the work as directed by (he Town, he will accept, in fiJII PaYment (hereof as JIsted .below:. Demolition and removal of wooden and concrete block buildings, asphalt and concrete pads and miscellaneous debris at the Lanre Lake Preserve, 5145 Route 25, Mattituck. NY 11952 ~ .D-I PROPOSAl_ FORM And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fall to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, Shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the Undersigned, further agree that this proposal Is a formal bid and shall remain in effect for a period of for[y-five (45) days, the Town will accept or reject this.'proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Bidders Address: Telephone Number: Date: D-2 NEW YORK RTATE AFFIRMATIVE AI~.TION ~ERTIFICATIOI~I (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a pad of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract ; and, A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area w'thln the scope of coverage of that Plan, those trades being: ; and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both slate and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) E-1 Dudng the performance of this contract, the contractor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national odgin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. b. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement Or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or. other agreement or undemtanding or otherwise, that such labor union or representative will not discrimlnate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national odgin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall De made by such labor union or representative, prior to the'commencement of performances of this contract. If such a labor union or union representative fails or refuses.so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. Co The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses 'a.' and 'b." and such previsions of the State's Laws against discrimination as the Commission for Human Rights shall determine. D. The Contractor will state, in all ol citations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national odgin. The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non~discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the oWner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimlnafion clauses and after a vedfied complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under Clause 'f.", in addition to other dghts of the OWner provided in this contract upon its breach by the Contractor, the contractor will hold the oWner Harmless against any additional expenses or costs incurred by the OWner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses 'a.". through "g.- in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within Jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action In enforcing such previsions of such subcontract or purchase as Owner/contracting Agency may direct, Including sanctions or remedies for non-(~ompliance. If the Contractor becomes Involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/counsel, request him to Intervene and protect the Interests of the Owner (Contracting Agency's jurisdictional area). F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section t03-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department agency, or official thereof or to a fore district or any agency or offidal thereof for work or services performed or to be pedormed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of Perjury; non. collusive bidding certification. A. By submission of this bid, each biddei* and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (t) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any olher bidder or any competitor, (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or Indirectly, to any other bidder or to any competitor, (3) No attempt has been made or will be made by the bidder to Induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of tesbfcflng competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing In its behalf. C. That attached hereto (if a colTx)rate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the. corporate bidder. RESOLUTION Resolved that of the be (Name of signatory) (Name of Corpo~attan) aulhorized to sign and submit the bid or proposal of this corporation for the following Project: Laurel Lake Preserve, Demolition & Site Restoration Project, 5145 Route 25, Mattituck, NY 11952 and to Include in st~h bid or proposal the certificate as to non-collusion required by section one-hundred- three-d (103-d) of the General Municipal Law as the act end deed of such corporation, and for any inaccuraoles or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and con-ect copy of the resolution adopted by corporation at a meeting of the Board of DIrectom, held on the day of ,20 (SEAL OF THE CORPORATION) Laws of New Yeti(, t965 Ch. 761, 8e~ '103.d, as amended & eff~ve off 8sptamber t, leGS. G-I UT~ OF ~R C H { T B ~ T AIA Do~ment A201 General Conditions of the Contract for Con~tmcflon: THIS DOCUMEI~T HAS IMPORTANT IEGAL CONS~I~I]~t'C~,~. CONSULTATION WITH AN AITORNEY IS ENCOURAGED Wlllt RESPE. C~ TO 1~ ~IODIF£C~TIO~Y ' 1.987 EDITION TABLE OF ARTICLES 1. GEI~ERAL PROVISIONS 3. CONTRACTOR 4.. ADMINISTRATION.OF THE. CONTRACT 5. SUB(~N'~"IC~CTORS (~. CONSTEUCTION BY O~Nfl]R OR BY ' · 'EEPAI~TI] CONTRACTORS 7, CHANGI]S IN THE WORK 8. TIME 9. PAYM~S AND COMPLETION I0. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS · ~. uac0vf~a A~ CORRECr}. O~ Ol~ WORK 13. MISCELLAHEOUS PROVISIONS 14. TERMINATION OR. SUSPBNSION OF THE .INDEX Aoo~l~ano~ of Honoonformlng Work ......... ~.6.6, 9.9.~, 12.3 A~ofWo~ ............ 9.6.6,9,82,9.9.~,9.10.1,9.10.3 A~ to Wo~ ........................... 8.10,6.2.1, 12.1 A~d~t P~v~on .............................. 4~.3, 10 A~ ~d Om~o~ ... 3.2.1, 3.2.2, 3.3.2, 3.12,8, 3.18, 4.2.3, 4.3.2, Add~... 4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 .................................. 1.1.1,3.11 A~flo~t, ~ for..: ...... ~t or ~gon ~ Bid ............. : ...... .., ~c Eff~ .......................... ]: ... 4.2.13, 4.5.1 ~lo~ ........................................ ~k~ ................................. 11.3.1.1 ~o~Pa~ .. 4.2.5,7.3.7,9.2,~.~,9.4,9.5.1,9.6,3, 9.8.~, 9.10.1, 9.10.3, 9.10,4, 11.1.3, 14.2.4 ~r~s .... 2.4, 3.3.3, 3-5, 3.10.2, 3.12.4 ~ 3.12.8, 3A8.3, &2.7, 932, 113.1.4, 13.~, 13.5 8.3.1, 10.12, 113.9, 113.10 ~ ~of ............................... 4.1.1 ~ ~t of Au~ofi~ ........ 4.4, 5.2, 63, 7.1g, 72.1, 7.3.6, TM, 92, 93.1, 9.4, 9.5, 9.6.3, 9.8.2, 9.83, 9.10.1, 9.103, 1~.I, lZ2,1, 3.12.11, 4.12, 4.2.1, 4.2.2, 423, 4~.6, 4.2J, 42A0, 42.12, 4~A3, 4.32, 52.1, Z4, iI3A.i, 122.1. 122A, 13.5~ 13.5.3, 1~.4'. ~s k~lfl~ ~ ~ ~ .......... 4~ 43.6, 4.3.7, 4.~ 9.~ 9.5 ~'s ~ 2.4, ~.5.1, ~.102~ ~.12.6, ~.12~, ~.18~, 4~.7 ~'~ M~i~ ~ ~Wo& .... ~.5.1, 42.~, 12.12,122.1 ~'s ~t ................................. 1.3 ~'s~ .......... 4.2.6,42g, 42.11,42.12,4.2.13, 4~, ~3.6, 4.4. l, 4.4.~ 4.~, ~, 7~ 7~, 8.13, 83.1, . 9~, 9.~ 9.5.1, 9~2, 9~.1, 10.12, 1~2, l~ 14~4 9~2, 9.10.1, 13.5 ~S~.. 42.6,42.7,42~,43 7,7.~1,~.1,13~2 ' 9~.1, 9.1~i, 1~.5 ~~~'- ................. '... 4~.10 ~s~~n~ ....... 1.t~2.1,~12, $~$, ~3.1, ~.73, 3.11, $.12~ 3.12.11, 3A/, ~.18, 4~ 42.12, 52, 622, 73.~ 9~2, 113.7, I~1, 1~.5 ~ .......................................... !0.1 ~ ........................ ~.18.1,9.10~ I0.I~ Budding Permit .. ............. 7. 7.7.'.'. Certificate ofSub~ ~mpletlon .......... 9 8 2 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14,1.1.3, 14,2.4 ~t~of~o~ T~or~ ..... 3.12.11, 13.5.4 ................. · ' . 7.1, 7 2, 7.32, 8.3.1, 9.3.1.1, 9,10.3, l13.1g, ~ 0~, ~flon 6f I 1,3 '-:' '.:':'.' ~ e~ ~ ...... ' ......................... 4~.1 .......... 42, 4.4, ~.5, 62.5, 8~2, ' 9.3.1.2, 93.3, 9.10.~ 10.1.4 ethanol ....... '- 4.5.~, 4~.7, 4~.~:~.~ ~ f~A~ ..... 4.~,4~, 4.5.~, ~3.2 ~ f~ ~ ~ Ufl~ ~o~ ..... 4~.6 O~~ ................. 4~2, 4.~ 4,5.1 ~ ~ R~to ....... 2.1~, 22,1, 32.1, 3.2g, 3.7.1, 3.10.1, 3.12.6, ~.7, 5.2.1, 6~2, 8.1.2, 8.22, ~°f~W~n°f ............... ~ F~ ~n~ ~ ~~to ....... 3.11, 5.15, ~;42.9, 432, 9.42, 9~, 9.9.1 9,10, 113 5, 1222, 137 I 9.8, 9~.1, 12~2, 13.7 ~ ~ ~ ...... .13, 3~, 3.7, ~.13, 4.1.I, lOg~ 1 i.1, IL3, 13.1, 13.5.1, 13.5~, 13~, 14.1.1, - . 11~.1, 11~.1.{ 113.11, ~~~* ............... 5.1~1,5 ~~ ...... ~ . LL2 ~~...* ................ ~3,~9~ ~~"* ..................... ~.%1~7 ' ~ ...................................... ~.!0~ .......................... COHTRACTOR. .............. . ..................... ~.. 3 Contractor, DeflniUon o f ........... ,-, ............ &l, 6.1.2 ~o~tl~'tot's Bid .................. ............. 1.1 l Contr~or'$ Cen*Uuo~on Sch~u~es ............. ~, 6.1 3 Contt ~etor'$ l~ttployee~ ........ 3.3,2, 3.4,.2, 3.8.1, 3.9~ 3.18, 4.2.3, 4.2.6, 8.1.2, 10.2, 10,3, 11.1.1, 14.2:1.1 C°ntr~°e$ Ual~litt~ Ins~rln~e ....................... 11,t Co~tr~ctor'$ Rehtlonship with Separate Contractors md Own~'s Forces ...... 2.2,~, 3.12.5, 3.14.2, 4.2 .'4, 6, !~.2.5 Omtraetor'$ l~altonsh~p with Subeontrac~rs .. ...... '-l.2.d, 3.3.2, 3.118,1, 3.18.2, 5.2, 5,3, 5.4' 9.6.2, 11.3.7, 11,3.8,. 1~L2.1.2 ConR'aetor's Relation~ktp with the Archite. ct .... 1.1.2, 3.2.1, 3.2.2, 3.3.3, 3.5.1, 5.7.3, 3.11, 3.12,83.16, 3.18, 4.2.3, 4.2.4, 4.2.6; 4,2.12, 5.2, ~,2.2, 7,3.4. 9`8.2, 11.~.7, 12.1, 13.5 Contractor'$1zgpresentatlon$.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Comractoe$ ReapomlblRty for Performing thc Work ................. 332, 3.lB, 4.23, 10 Contractor's Rcwiew of Contract Documents ...... 1.2.2,3.2,3.7.3 Contractor's Rfght to Stop the Work ....................... 9.7 Contractors FJght to Teiminate the Contract .............. l~i.1 Contractor's Submlttats ....... 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.5, 7&6, 9.2, 9.3.1, 9,8.2, 9.9.1, 9.10.2, 9,10.3, 10A~2. II.4.2, i1:43 Comraetor's Superintend~t ...................... 3.9.10.2.6 Contractor's Supen'ision and Coo.stmaion ptocedutcs ...... 1.2.4' 3.3, 3.4' 4.23, 8.2.2, 8.23, 10 ................. 1,.I.1.7.11.2., and Corrcbtton ............... 1.2.2, 3.10, 3.12.7, 6:1.3, 6,2.1 C~e$ Fum~hed o f Drawings and Specif'tea~ms.. ~ !,3,2.23, 3.11 Om'ecdon of Work ..................... 2.3,2.4, 4.2.1, 9.8.2 9.9.1, 12.1.2, 12.2, 13.713 O~t, Definition of ............................ 73.6,143.5 Coets .... 6.1.1, 6.2,3, 6,3, 7.33.3, 73.6, 73.7, 9.7, 9`82, 9A0.2, 11,3.! .2, 11.3.13, Ii3A, 11,35, 12.1, 12.2.1,12.2.4,12.2.~. 13.5, 14 ~C~tt~ and Patohle~ ........................... $A4,,62,6 ~°c to ~ of Owner oc .~parate Contractors ~.14.2; 6.2.4, 9.5.1.5, 10.2.1.2, 10.23, 10.3, ! I.i, 11.3, 12.2.5 Da~e to the Work ..... ~.14.2,95.1.10.2.1.2, 10.2.5.10J, 113 Dam~es. (l~dm$ for . . i~te of C~nnlen~ment of ~he Wort. Defu~Mon of ......... 8.1.2 Date of Submintd ~ De~aioa of .............. ~.13 i)ar,~of ................................... ~.1.4 Dedsi0m of the An:f~ect ...... 42.6, 4.2.?, 4.2,11. 4~12, 4g.13, 9.4, 9.5.1, 9~2, 95.1, 10.1.2, l~.SJ, 14.2.2, 14.2.4 P. eJectlo~ md Om-ectlon of ..... ;... 4.~ 43.5, 9.5.2, 9`8.2, 95.1' 10~LS, 12, 13.7.1.3 l~!ve ~otk, l~ni~a~ ..........................~$.~ i)~nkiom ...... J.1' ~.Li, ~.1, $.~.1. ~.1~1' $.1L2, $.!15,4.1.1' 4&l, ~.1, ~.12, 72.f, 7.5.1, ?.5.6, &1' 9.1. 9.8.1 ~ and~ eCTIs~ .......... ~.1.1' ~.2~, 72.1, 7.$.i, 7.$.4, ?.S,~, ?~,8, ?$$, &l,1' ~ 10~1' 14.1.1.4 Ssn:~s.heSae ...................... $.11 ~ ~{ff .............................. l,l.J ...................... Eme~endes .... ............................. 4,3.7,10.~ Employees, Contractor's ' 3,3.2, 3.4.2, 3`8.1, 3.9, 3,18.1, 3.18.2, 4.2,3~ 4,2,6, 8,1.2, IO.2~ 10.3, Il.lA, 14.2.LI Equipment, Labor, Materials atld ........... 1.1.3, 3.8.2, 3.12.3, 3.12.7, 3.12,11, 3,13, 3.15.1, ~.2.7, 6.2.1, 7,3.6, 9.3.2, 9.3.3, '11.3, 12,2,4, 14 I~xecution and Progress of thc Work ....... 1.1.3, L2.3, 3.2, ~.4.1, 3.5.1, 4.2.2, 4.2,3, 4,3.4, 4.3.8, 6.2.2, 7.1.3, 73.9, 8.2, 8.3, 9.5, 9.9.1, IO.2, 14.2, 14.3 Exeeotlon, ~m'el~on ~md Intent of thc Contract Doeumcnt~ ... ......................... 1.~ 3.7.1 Extel'Ions o f Time ............. 4-3.1, 4.3 `8, 7.2,1.3, 8.3,10,3.1 Failure o f Payment by C~ntr~ct~r .............. 9.5,1,3, 14.2.1.2 Faille of Paym~tt by Owne~ ............. ';.. 4.3.7,9.7,14.1.3 Fsult~ Wo~ (~e Defixaive or i~Ionconfotmtng Work) Ffnal Compbtton ami Final Payment .... 421,429,43 2, Financial Awangemcm~, OWner's. . ~ .2. i Fl~ nnd Ext(~ded ~o¥cm~ lt~ut-~ce ................... 11.3 l{~rdO~ Ma~dal$ ............ ~ ............... i{}.l, 10.2.4 Idemffiotion o f Contract Documents ......... 1.2.1 kldemfll{k~ttlofl ....... 3.17, $.1[~ 9.10.2, 10.1.4 11.3.1.2,113.7 4.3.4, 6.!3, 6A.4, 6.2.6, 93.2, 9,6.1, 9.6.4, 9.85,9.9.2, 9.1o.3, 10.1.4' 11,2, II,3, 13,~.1, I~utY ~' Dama.qe t~ Peer, on ot Proper tr ................ Inspectiom ..... : ................... ' 3,33, 3.5.4, 3.7.1, 4.2.6, 4.25, 4.'3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 ln~'ucflons io Bidders ........... 1.1.! Insttu~om to thc Coowacmt .... Imutanee ....... 4-~S. 6.1.1,7.5.&4,93.2,9,8.2,9.9.1,9.10.2.11 In~n~c~, Co~nmk~s UM~ ...................... 11.1 Insurm~ ~ Date of .......... 8.2.2,11.1.2 ktsurlmo~ I,.~ cfi O~e ............... ll..S,.~' Snsuran0e, Ownees Lta~r~ ....................... tl,,2 Inmmm~e. pto~r~ ............................ 10.2.5, I1,~ Inmrm~' $~d f~ateflal$ .... ' ................ 9.52,113.1.4 lns~mcc (~ Comc~ M l~ttal (~..95.1.11~.11 Insum~ ~ $~k~m ~/th ................. !1.5.10 Imem °f the Omttact D°~ -~me~$ ................ !.23,5.12.4' · 4~, ~..7, 4.2.L~, Inteq~ctatlons, Wdtten .................. 4.2.11,4.2,12,4.3.7 Jo~nd~ and 00o~lda~m o~ Cl~m tb:qu[red ............. 4,5,.6 JEl~m~l Oa FkUll Award ................ 4,~.1, 4J.4.1.4.ff.? 5.12,~ ~.1L5;~.!2.7, 5,1~.11, 5.1~, 515.1, 4J.7, 6~.1. 7~ 932, 9.~, i~ 14 ta~andXepdadms ....... 1-5, 5~,S.7, S.~ 4.1.1' 4.~ 4.5.?, .................. ~ 9(muleso~ ................... 4.5.4'~,s,~ ? ~. 15.7 l/nd~ti~ot&mh0iltr; ................... ~.$J, 4.1,1, 4,~.1, ~ 42.7, 42.10, ~ 5.2,4, 7.4, ll3aO A~01-1MT S Llmita~ons of LtabilR~ ..... 2,5, 3.2.1, 5.5.1, 3.7.3, 3.12,8, 3,12.11, 5.17, 5.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.10.4, 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.5.7, 13.4.2, 13.!5.2 Llinltatloc~ of Tin'e, Gene. Pal ........... 2.2.1, 2.2.4, 3.2.1, 9.82, 5.10, 9.12.5, 5.15.1, 4.2.1, 4.2.7, 4.2.11, 4.3.2, 4<33, 4<3.4,4<3.6, 4.5.9, 4.5.4.2, 5.2.t .52.5 6.2.4, 7.3.4, 7.4, 8,2, 9.5, 9.6.2, 9.8, 9,9, 9.10, 11.1,5, 11.5.1, 11.5.2, 11,5.5, 11.5.6, 12.2.1, 12.2.2, 15.5, 15.7 Llmltatioo~ o f Thnq $pecllic ....... 9.15,1 ,la.l, 4.2.11, 4.5, 44, 4.5, 5.5, 5.4, 7.5.5, 7<3.9, 8.2, 9.2, 9.5.1, 9<33, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.5, 11<3.6, 11.9.10, 11.5.11, 12.2.2, 12.2.4, 12.2.6, 15.7, 14 Lose ot'~se Insuranoe ............................. ~11.S.3 MaterblSuppliets .............. 1<3.1,5.1-2.1,.4.2.4,4.2.6,5.2.1, 9.3.1, 9<3.1.2, 9<3.3, 9A.2, 9.6,5,.9.10.4 M2tetta~, ~a~dous ........................... 10.1, 10.2.4 l~lateflals, Lab~, ~qulpment and ..... 1.1 .ii, 1.1.6, 5.4, ii.5.1, 3.8.2, 5.12~., 9.12.5, 5.12.7, 5.12.11, 5.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.5.2, 9.3.5, 12.2.4, 14 Ptooxlut~ of Con.nmc~a .......... ii.3.1,4.2.5,4.2.7,9.4.2 14k~of C~.kt U~ Wodc .' ....... ~. 1.1.1, 4.2.8, 437,7 I, ?.4 Id{~$ PROVI~IO~ ........................ 13 M~G~, Definition of ........................... I.l.l Mo~ to thc Contract ........... 'LI.I, 1:1.2, 3.7<3, 5.11. 4.1=, 4.2.1, ~.2<3, 7, 0<3.1, 9 7 ~autu~ ri.port.me/.' .............................. '. 6.2 NorlooMon~k~ Wo~ Acoeptat~e of .................. 12,8 ~'~or~coo~o~l~ WO~C, Re~Jtio~ and Corn~loa of ........ 4.5.5, 9.5.2, 9.~2, 12, 15.7.1.5. Notioc ............. 2.5, 2-4, 5.2.1, 5.22, 5.7.5, 5.7.4, 5.9, 5.12.8, ' 5.12.9, 5.17, 4.3, 4.4.4, 4.5, 5.2.1, 53, 5.4.L1, 8.2.2, 9.4.1, 9.5.1, 9.6.1, 9.7, 9A0, 10.1.2, 10.2.6, 11.1<3, 11.3, 12.2..2, 12a.4, 13<3, 19.5.1, 15.5.2, 14 #ot~ Wrla~a ............... 4.,L4, 4.5, 5.2.1, ~3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2, 10~,.6, 11.13, il3, 12.2.2, 12.2.1[, l~f 15.5.2, 14 Ho~e of Teshlng md ln.npech~ ................ 15<3.1, 15.5.2 Notke to I'toceed .............................. · ..... 0.2.2 HoU4~, P4ml~, Fefl ired ...... 2-2<3, 3.?,.5.15, 73.6A, 10.2~. Ob~mlioas,/m~?ct's On-Site ................. 4.5.6, 9.42, 9.5.1, 9.10.1, 15.5 Observations, ~s ........... ~' ..... ;; .... 1.22, 9,2.2 C~ ......................... On-S~ tospeolom br the atddtea .......... 4.2.2, 4.a.9, 4&6, 9.42, 9.B,~. 9.9.~ 9,10.1 On-Sl~ Ob~'v'atiom by the Architect ......... 4.2.2, 4.2.5, 43.6, 9.4.2., 9.5.2, ~.10,1, 1~.5 Ot'de~ Wfl~t~n ............ 23,5.9,43.7,7,8.22,11.5.9,12.1, 12.2, 15.5.2~ 143,1 Own~,l)efldlkm ot ................................. ~..1 Ovma', IMoflwWa and ~0e~ ReqdrEd o~ ~e ........ LI~, ~ 0.4, ~, 9, tO.L4, It& It& U.5.I, tLI.i.~, 14.L.~ · Own~$&ulhodtr ......... 7.3A, 8~& 9.~.!, 9.~2, 11.4.1, 122~ 1~2, It~, Owner'~ RIOM to Pertorm Constmotion and to ': · Award 8eparateOont~ . ' '~ 1 Ownee$ Right to 8top th~ Wo~.............. ' ..... ~4;* Owne~ :~ Right to Suspend the WoOL.: ..... . ' 143 contra. :... ::: :::: : ::: 14:2 Ownership ~md Use o( ~ohllKt ff Drawings, 8pectfl0ations afldOfflefDooufl~l~s ........ I I 1,15 '2.25' PaflIM of Use ........ ' . . . ................ 9.6.6, u, 11.9.,1 r mx;~mg, I,~tln~ ano .......................... ~.14, 6.2.6 Pate~s, Ro~dtlee and ................. . 95.1, 9.83, 9.10.1,~.10<3, 9.10.4, 14.2A Pa~ ~t~for ........... 9.6A, 9.6.6, 9.7.1, 9.83, 9.10.i,.9.103, 13.7, 1{.1.13, I~.2.~ 9.7, 9.102, 14.1.13, Pa~t,F~ .......... ~..1.2.1,~.9,4.~1,{<3.5,9.10 11.1.2, ILl<3, 11<3.5, 123.1 Pa~l a~,Pe~o~ So~ a~ .............. 7<3.6A, 9.10<3, 11.3.9, Pa~, p~ .......................... 43.~ 93. 9.6, 9.83, 9.103, 13.6, 14~3 ~.6.2, 9.6<3, 9.6.4, 11.3.8, 14&.12 P~ ................... ' ........................... 10.1 P~o~ ~ ~d ~t ~nd ........... - ....... 7.3.6.4, 9.10.5, 11.5.9, 11.4 Permits, Fese I~dNotioes..: .... 2.2.3,11.?, 3.13, 73.6.4, 10.2.2: PEP'I~f~ AI~ PROPERTY, gROTECTION OF .......... ~~ ............................. 1o.1 t'~t,ct ~t~ x~e~nato~ of ........................ 512.2 P~od~ Dm sed S.mp~se, Shop ~... 5 PIn)$~ and 0ompleff~ ................... 4.2.2, 4.3.4,1.2 P~ Pa,/mset~ ............................ 43.4, 9.3, Pro~ De~Uo~ ofgae ..... :.. $.6, 9.83, 9.10<3, lii.~ 142<3 .......... ;'. .......... 1.1,4 Pr~ Man~. Deflnlgon of thc ...................... 1.1.7 PtoJ<~tOnua[$ .................................... 2.2.5 ~to~t~ ................ · 4,z io PaOn C O. o p so s nm. .. lo B~egu~ and L~ ........ ;.-. 4.~.7, 10.2.2, ILl, 11.5,-l~.l, 19.4, 15.5.1, 15.52., 15.6, 14 ~Wod~ ......................... 5.5.1dt2.6,12.2 getoues o~Watve~ md Lic~ .............. · 9.10.2 Re~ ......................... 122, 3.5.1, 5.12.7, 62.2; 8.2.1, 9.5-5, 9.4.2, 9.5.1, 9.L~ 9.10.1 4.1.1, 4.2.1, 4.210, 5.1 I, 51.2, i~2 I ReselulkmofObimsandDtsputee ' . ' ' a~ ~-csp,~,~uty ~r 'l'hose ~r,a~ rtz Wo~ ............ 423, 6.13, 6.~, 10 ~: .............. 9.~.1, 9.(~, 9.~& 9.9.1~ 9.10.~ 9.10.~ O0fldl$°fllblfO°fl~°l°r ...... :- -: .; 12.2,~,~.73,~,i2.7 Owl~l Nnl~ (~lg~ty ................... 2A,I, 14,1.1.5 Owaer seal .~dlit~t ............. 5.10.1, ].102,~.1 i, S. 12, ~ UnMll~ b~an~ .......................... I1.~ 42.7, 4.2.9, ~2.1, SJ~, 92, 9,L2 ........................ Omm'sl~toOmyOut~heWo~ ........ ~4,1~4,14JJ.2 105, ~ ILL4, t~4, 14 ~nm"el~e~eaem~ ............................ U m~meemOam~ ............................... ..t7 Rules and llotlces for A~ltr~on. ..................... 4.$.~ 8~fety of Pe~or, s a~l Prope~ ...... . ................. 102 I}ate~/P~eoauttons a~d Programs ........... 4.23, 4.2.?,10.1 ~8~nple~, DeflnRlon of .............................. 3.12.3 lal~,81m~Dtawlngs, ProductDataand ... ~.11,$,12,4.2.7 ~emples ~t the Pd~ Oo~umenls and ................... 3.11 ~{ledule of Vii~ .... ; ........................ g.~, 93.1 Sd~edules, ComL~ct~on .............................. 5.10 *~{~L~ Con~ncts md Contr~<~or~ .......... 1.1.4, 3.14.2, 4.2.4, 4.5.5, 6, 113.7, 12.1.2, 12.2.5 $hop D~wlngs, Deflffitlon o f..' ....................... 3.12.1 Shop DlaWh~S, Prodoct Data i ~:1 Samples .... 3.11,$,12, 41.7 ~le ]~ons... 1.2.2, 3.3.4, 4.2.2, 4.2.9~ 4.3.6, 9.8.2, 9.10.1,13.5 8tie ¥1sRs, ~rchitcct's ................. 9.4.2,<).5.1, 9.8.1, 9.9.2, 9.10:1, 13.5 Spe~al.lnsp~xlons ~nd Testing .............. 4,2.6, 12.2.1, 13.5 ~peclflc~lon~ Ddtnmonof~hc .................. 1 1 6 Signs, The .......... 1.1.1, ~.1.$, 1.1.7,1.2.4, 13, 3.11 ~ute8 of LhnlmOons ....................4.5.42, 12.2.6,15.7 ~0pplng thc 'W'otk ............. 2.3, 43.7, 9.7, 10.12., 10.3, 14.1 ~xxl M3ictt,~ ........... 6.2.1, 9.3.2, 10.2.1.~, 11.3.L4, 12.2.4 ~o~rac~or, De fmlito n o f ........................... 5.1.1 $~4x~frl~a~l'~ .................................. $ $~)~onh~'tors, Work b7 .................. 1.2.4,3.32,3.12.1, 4.2.5, 5.3, 5.4 ~,M ~atio~s .............. 5.~, 5.4, 9.3.L2,9.62, 9.63, 9o6.4, 10.2.1, !1.3.7, 113.8, Il.lA, 14.2.12, 1432 Subtnlt~Is ......... !.3,3.23,3.10,3.11,3.12,42.7,5.2.1,5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.5, 10.1.2, 11.13 ~i/fO~ Wlg~ of ................. 6.1.1,113.5,11,~.? ~b~ild Oo~g~lofl ............. 42.9, 4.3.5.2, 0,1.1, 0,13, 8.2.3, 9.~, 9.9.1, 12.2.1, 12.22, 13.7 ,$ubstm~bl ~ ~on of .................... SM~Itmion of Su~o3nti-nctots .................... 5.23, 51.4 ~b~t~lon o f ff~'A~cldicc-~ ........................... 4.13 ~d)slltt~lo~ of ~!u~.~ls ............................. 3.5.1 Sd~subco~h~ct<x, D~mhion of ....................... 5.1.2 t~ar f~e Condl~m ............................... 4.3.6 ~.: ............................. S.% 102.6 423, 43.4, 6.1.$, 62.4, 7,13, 7&4, 82, 83.1, 10, 12, 14 ~ ............... 4.4.1, 4.4.4, 5.4.12, 9.102, 9.10.$, ~n~, GOIt~nt of ....................... 9.9,1,9.10~, 9.10,3 ~ ..................................... z22,5.1s.5 Suspension by the Owner for OonYenlenoe ', ............ Suspension of thc Work ............. 4.3.7, 5.4.2, 14.1,1,4,14.3 Suspemlon ot Termination of the Contract.. ..... 4.3.7,5.4.1.1, 14 Tax~ ...................................... 3.~, 7.3.6.4 lemdm~tion by IheCor~*a~or ................. 14.1 Termination bl~ the Owner for Cause ............. 5.4~1'.i, ~4.2 ~m~lonofth~Ardiltect ,..' ................... .... 1.1.3 Termlmdon of the Contractor ..... ' ................... TERMINATION OR 8USPEHSION OF THE ~ONTRACT ...... 14 Tests s~l I~speol~ms ..... 3.5.5, 4.2.6, 4.2.9, 9.42,12 `2.1, ta .6 T~E ..................... · ..................... ·lme. Dd~ ami. Exten~on~ of .~ ............ 43.0,¥.~:1 TImcllm~, Specific ......... 2.1.2, 2.2.1, 2.4, 3.10, 5.I 1, 5.15.1. 4.2.1, 4.2.11, 43, 4.4, 4.3, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 93.1, 9.3.3, ~.4.1, 9.6.1, 9.7, 9.8.~, 9.10.2, 11.1.3, 113.6, 11.~.10, 11.3.11, 12.2.2, 12.2.4, 122.6, 13.7, 14 Tkne 1,16dts on 0talms ......... 43.2,4.3.$,43.6,43.9,4.4,4.5 Unoovedng of Work ................................ 1;'.1 Uofixes~en Condkions ..................... 4.3.6, 0.5.1,10.1 Un/t Pdc~ ..................................7.1.4,73.3.2 Use of Documcms ................. 1.1.1,1.3, 2.2.5, 5.11.7, UseofSIte VMile~, ~c~ ~ ....................... 3.13, 6.1.1,6.2.1 ......... : .................. W~ilve~ e~ CJaims: Final Payment ........... 4.3.~, 4.5.1, 9.10.3 Wzlwr of Clams by th~ Atchlt~t ...................... 13.4.2 Wslve~ of f~lm~ by ~ Co~tvactor ......... 9.10.4, 11.3.7,13.4.2 Wzlver Of Clzlms by ~he Owner .............. · 9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2 Wah~f of Ltens .................................... 9.10.2 N~alvet~ of 8Nlbrogatlon ................... 6.1.1, 11.3.5, i13.7 Wlrra~ ~nd W~-amic~ ......................... 4.3.33, 933, 9.8.2, 9.9.[, 12.22, 13.7.1 W~t~ D~ys ................................... 43.8.2 ~I~,~ A~ I~ Be I~ .................. 4.~.4 Wodr., Dettnltion of ........ :*. ....................... 1.1.5 Wttttm Cotls~t ........ 1.3.1,3.12.8, 3.14.2, 4.1.2, 43.4, 4.5,5, 93.2, 9~.2, 9,9.1, 9.10.2, 9.10.3, 10.1.2, 10.1.3, . 11.3.1, 113.1.4, 113,11, 13.l, W~,lten lnterpt'c~n~o~ts ................... 4.2.11,4.2.12,{3.7 Wdll~fl No,ce ...... . ..... .4.5, 5.2.1.53, 5.4,1.1, 8.22, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2, 102.6, ILl.3, 113, 122.2, 122.4, 10.~, 13.5Jl, 14 Wdtten Or'dots .............................. 2.5,3.9,4.:3.7, 7, 0~l.2, 11.3.9, IZI, 122., 130.2, Il.lA ~* .OneT'n~me~,mmmm~4acmr, m, rmmv'w3e~xm, ttv, v,~amow~.o.c:,.:.:.:-: .4201.1987 S GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DERHITIONS 1.1.1 THE CONTRACT DOCUMENTS 'i~e Contract Document~ consist of the Aga:mnent between Owne~ and Contractor (hete/aafter the Agreement), Condtt/om of the Conmtct (6ene~, Supplemeatan/aad other Conditions), Drawings, $1:~c~catlons, addenda issued prior to ex,:cation of the Contract, other documents listed In the/,gveement and Modilk:adons Issued a/kef execution of the Contract. A' Modilt- cation is (t) ~ watt~n ammameat to the COntact slgned by both pames, (2) a Chmge Order, (3) a Const~ctlon Change Directive or(4) a written order for a minor ~ In the Work issued by the Architect. Unless g~dflcally enumerated In the Agreement, the Contract Documents do not Include other documents such as bidding requkements (adveniscmaens or Invitation to bid, Instmctlom to Blddet~, sample forms, the Contractor's bid or portions of addenda rehttng to bldd~ requltemenss). 1.1.2 TH~ CONTRACT I~t~te~a Ore partes he.to and supersed~ prior r,~gotiatlon$, repre~atatinm or agreements, dthe~ written or omi. The Gon- tntct may be ;k, nended or modified only by a Modllk:afinn. The tual ndatioodflp of any Iflnd (i) between the Archltect and Con.: tracts, (Z) between the Owlet and a Subenm~x:tor o~ Sub- subenmntctor or O) between my peasom or en~ldes other than entitled to perfonmatce and eafomement of obl~atinm uader the Contract Intended to facilitate performance' of the Architect's dudes. 1.1.3 TI4~ WO~g ~oat~,cto~ to ~,mn the (lommctor's obllgadom. ~ Work may oom0tute the whole or s l~a of the i, wJ¢ct 1.1.4 114~ PROJ~T Thc Pw~:t b the toui comm~tto~ o/whkh the Wod( per. P~n and whkh I1~/ilxtude c(:msmJctl~ by the Owner or by ment, comtmction systems, stsudards and workanmdtlp for the Work, and perfom~mce of related sen, ices. 1.1.7 11-1E PROJECT MAN~AL. The Project l,,L. anual Is the voiu~e nsually'ass~nbled rot ~c Work which may Include the bid{ting requirements, sampk forms, Conditions of the Contract and Spedflcatlon& 1.2 EXECLmON, CORFII~.ATIOH ~ INTENT 1J,1 The Contract Doctanents shall be signed by the Owne~ and ConW~ctor as provided In the Agreement If tither Owner or Contractor. o~ bo~ do not sign all the Contact ments upon request. 1.2.2 Execution of the Contraa by the Contcactor ls.a repr¢- senution th~ the Contractor has vis/ted the site, become famll- las with local conditions under which the Work is to be per- formed and correlated personal obseeratlons ~ith require- ments of the Contract Documems. 15L8 ~ intent of the Contract Documents is to include all items tleoesaar~ foe the proper ea~u~ and eomple~lo~ o f ~he Work by the Contractor. The Contract Doommm are enmpie- mensaty, and what is requit~ed by one shall be as binding as ff requLred by all; performance by the ContrActor ~-m. ta~qulred only to the extent ool~sistent with the Contcact Doeu. meats and n:asonably inferable from them as being .to produce the Intended reaelts. 1.2.40rgmlz:uinn of the .$pedlkatin~s Into dlvis/ons, sections Coaw~x~or In .d/v3kl~g the Wock ~mo~g Subennsr;ctor~ o~ In establ/shing the e3Imt of Work to be performed by ;~. ~da 1.~.$ Dnless ~ stmed In the Contract Documents, wot~s which have w~ll~mown ta'~'kal or coastructlon Indus. 1.3 O~fl~FISHIP AND USE OF N~HITEC~S 1J.1 ~ ~,ia~, .~edlacadom and oOm- doenments Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-aubcontractors and material or equipment suppller~ are IW~nted a limited license to use and reproduce applicable portions of the Dgaw- ings, Specifications and other document~ prepared by the ~rchltect appropriate to and for use ~ the execution of their V/ork under ~he Contract Do~unents. ~i.coples made under this license shall ~ the ~atutoty co'pydght notice, if any, shown on the Drawings, Specfficatlom and other documents prepared by the Architect. Submittal or dt~lrlbutiofl to meet official regulatory requ/remem~ or for other purposes in con- nectlon with this PwJect is not to be con~cl as pubReatlon in derogation of th? Architect's copyright or. other reserved ~,4.1 Terms ca~ltallzed in the~e Ge~erg Conditions li~lude tho~e ~hlch are (1) specifically ~ (2) the dtle~ of num- be. ted articles mad identified refenmoes to Paragraphs, Subpa~- gr~hs and Clauses in flae document or (5) the rifles of other- documents published by the Americ~u~ Institute of Archite~ts. 1.$.1 In th~ Interest of brcvlty thc Co~tract Document~ ftc- not lnten;ded to affoa flxe lnt~-pretation of elthe~ statement. OWNER 2.1 DEFR~llON 2.1.1 The Owne~ is the person or entity ldemlfied a~ ~ ~ ~ ~t ~d br~ to ~ ~e · ~ ~ or ~ ~'s~ ~dv~ to ~ ~n~or ~~~ n~ ~ ~t ~ ~ ~ ~ ~ ~n~ofor ~ ~t of~ ~rd~ ~ ~ ~ ~ menta and charge~ required for comtructlon, use or 6~cy of permanent struetur&s or for permanefit changes in ex.lng 2~2,4 Information or ~c~ices under the Owner's controlshall be fum~hed b7 the Owner With reachable prompme~ to avoid dehy in orderly progre~ of the Work, ' 2.2.5 Unle~ otherwise provided In the Contract DoCUm~l~s, thc Contractor will be fumbhcd, free of cha~e,.such copJ~ of Drawings and' PwJ¢c~ Manuals as ai~ reasonably necessa7 for cxecutio~ of thc Work. 2.2.6 The fo~gofn8 arc i~ addition to o~her duties and slb~lRks of the Owfl~- c~ume~zted herein and e~d~I7 in reapea to Article 6 (Construction by Owner or by Separate Contractors), A~tkle 9 (Payments and Completion) and X~lde 11 (Insumce and Bonds). 2.$ OWNI~'$ ~ TO $?OP ~ WO~K 2.8.1 If the C6mractor fails to correct Wo& which Is not In accordance with the requirements of the Omtract Documents as required.by Paragraph 12.2 or per~.~entl¥ fa~ to c:myout by written oMe~ signed peesonally or by an agent $1~lflcall¥ empowered by the Owner In writing, may orde~ the tot to stop the Work, or an}, portion thereof, un~l ~he cause for Owne~ to stop fl~e Work r, hall not give flse to a duty oa the pm-t of the Owner to ex~'dse this fight for d~ benefit of the Con_ tractor or ahy othe~ pe~n or emity, except to the extent requtred by Subpar~ 6.1.3. 2.4.1 If the Cont~aor defaulta or negket$ to caw/out the Wo~ in accordance wltfi the Contract Documents and falls wtdfln a c, evm-da7 pe~ad al~er receipt of v.,dtt~a notice f~orn day Pedod ~Lrte~ vec~ of such secxmd no~k~ fx~ls to com. ,diOmedE 3 .. A~t4~7 7 3,2 ~ by ~e O~er pu~u~t ~ S~h 2.2.2 md ~d ~o~r ~ed to ~ tt to ~e ~t<t. ~ ~e ~n- ~ ~d ~ ~ m ~pmp~te ~t of ~e at~bu~ble $.3A ~e ~n~aor s~ s~ ~d ~ ~e Wo~ sequent Wodc 8.4 LSmOR ~ M~TI~L~LG 3.4.1 Urde~ o~herwise pA:~dded in ~e ~ ]~::~ts, 3.5 3.5.1 The Cot~tmctor warrants to the Owner md Architect 0aat mafecials and equipment furnished under the Contraet wlfl be of good quall~ and new unless othexwlse requLred or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in th8 quality J~luired' or permltied, and that the Work 'will conform with. the requirements of Contract Documents. Work'not conforming to these require- metlts, including substitutions not properly approved and authorized, ma), be consl~ defective. The Contractor's warranty excludo mne~¥' for damage ot defect esused by abuse, modifications not executed by the Contractor, improper or InsufDciem malntenmee' improper operation, or nonml wear and tear under notmal usag~ If required by the Arohltect, the Contractor.shali furnish satisfaetorr evidence as to the I~d and qtlallty of materials and equlpl'l~L $,6 TAX~S $.6.'1 The Contm~or shall pay sales, consumer, use md taxes for the Work or poCdom thereof provided b~, the Con- tracto~ wh!d] ~cre legally ellacted when bids are received or negotiations copcluded, whqher or not yet effective or mercir r<heduled to go'into effecL 3.?.'1 Unless othetmise provide~ in the Contract Doenme~U, the Cogtractor shall secure and pay for the building permit md othet permits and govemment:d fees, liomses and lhspec~tuns necessarr for proper execution and e0mple~on of the Work which are customarily socured aft~ execution of the Con~-aet and which are leggy requh'ed when bids ate [e~tved or nego- tiations concluded. 8.?.2 The Contractor shati comply with ~ ~tve noclc~ required by laws, ordinances, rules, regulations and orders of public authorities beanlng on performance of ~ Work. 3.}'~ It J$ itot thc Cofltracto{'s .[eq .x~ls~bllity to ~ ~be Consract Documents am in acco~clance wl~ applicable Coatraet .Dogan~nts ate at x/anlm~c theaewith, Ole $.8.1The'~otm'~sot shdl induclc in ~c Oomuct Sum ~ll .3 Contractor's costs for unloading' and handlit~g at the site, labor, installation costs, overhead, pmfir and other ~ contemplated for stated allowance amounts shall be included in the Contract $um and not in the allowances; .4 whenever costs a~e more than or less than allow-an'ms, the Contract bum shall be adjusted aecordlngl~ by Change Order. The amount of the Change Order shall reflect (1) the difference between actual cost~ and the allowances under CLinse 3.8.2.2 and (2) chan~es in .Contractor's costs under Clause 3,8.2,3~ $,9.1 The Contractor $hall employ a competent superinten- dent and necessary assistants who shall be in attendance at the ProJe~ site duflllg-'performanco of the Work. The Supednten- dcm shall fz~re~nt the Contractor, and. communlcatiom gtvun to the superlnsundeflt shall be as bindlflg as ffglvefl to the COn. lng. Other communtcatiom shall be gmllarly conthrr~l on 3.10 (~GTOfl'$ ~O~S'TflOO31Of4 :3.10.1 The ¢,o.n~cror, promptir after being awarded the Con- lnfot'flu~,ofl a Contractor's construction schedule for the Work. Contract DocumeflU, shall be tx.'arbed at appropriate intervals as requital by the conditions of the Work and Project, shall be related to the entire Project to the eattent required by the Con- tract Documeflt~, and shall provide for expeditious and practi- cable execution of'the Work. 13.10.2 ~ Contractor shall prepare ~nd keep cummt, for (he Al'chitect'$ appL'oval, a schedule of Submittals which J$ coordi- Dated vclth tl~ Contracto£'s eollsttuctinn 8~2ho:lule arid $.10.$ The Cofltractor shall conform to the most ~hodules. 3.11' DOCUMEHTS AHD S,~IPLES AT 'I~E SffE a.1~1 Shop I~a, wf~gs sre ckawf~'~, ~, schedul~ od~ dm specbllr prq~l ~0t the Wod~ br d~ Comractor or a 8ttoeontra~or, b~>stdxx~, maunf~ctur~, supplier or which submittals are ~quired the way the Contractor proposes to conform to the InfDrrnation given and the design concept expressed in the Contract Documents. Review by the Architect Ls subject to the limitations of Subparagraph 4.2.7. 3.1o,$ The Contractor shall review, approve and submit to the Alx:hlt~t Shop Drawings, Product Data, ~amples and slmllar submittal* required by the Contract Documents with reason- able pmmpiness and in ~ch sequence ~ to cause no the Wolk or in the activttie~ of the Owner or of separate cOil- tractors, Submittals made by the Contractor which are not required by the Contract Document~ may be returned wtthoui action. $.12.6 The C6ntractor shall perform no portion of the Work requlriflg subfllijtal and [~wlew of Shop Drawing, Product Data, $amples or similar anbmittal~ until the respectlve subrmIt- tal has been approved br the Architect, such Work shall be fn accordance With approved'submittals, -q.l~? By aPl~mving and submitting .Shop Drawings, Product Data, Samples and similar submittals, the Contractor that the Contractor has determined and verified material% field measuremenl~ and field ennatmction cttteda related the~o, or will do so, and has cbeclred and coordinated the information cofltained within such submittals with the requiremenL~ of the Work and of the Contract Documents. $.12.8 The Contractor shall not be relieved of rcapom'Iblllty for deviations from eequlrements of the Contract Document* by the Architect's approval of Shqp Drawings, Product Data, ~qlple$ Or $tmllar'submRlal$ ullles8 the Collar speoiflcall¥ informed the Architect fn writing of such ~Matlon at the thne of submittal and the Arddtect has gfven written re/teved 9f re~po~lbillty for errors or orrdssloa~ In 8hop Draw- ings, Product Data, Samples or similar submittals by ~he Atchl- $.12.~ ~ CofltractoF ~ direct sl~dflc atte~io~ in sknlar Submittals, to ~ other than those requested by 3.12.10 infommlonal submlmds upon winch the ArOdcect Is me c~xtmct Documea~ ' 8.18 3.13.1 ~ Oa(]~aetor ihall cunflnc operatlom at the ~ to m i~nn~ed br hw, ordlmac~, permits and the Commct 3.14 Owner or a separate contractor except with wr/Re~ consem of the Owner and of such separate contractor; ~uch consent shall not be unreasonably withheld. The Contractor shall not unr~- ~onabl¥ withhold from the Owner o~: a scpamte conwacto~ thc Co tractor s conse_qt to cutting ot otherwise alter/ng the Work. `0.15,1 "l~e Contractor shall keep thc premise'and suzmund- L6~g area rite from accumulation of waste materials or mbbbh c~used I~y'opemtlons under thc Contact. At completion of the Work the Contractor shaU remove from and about the Pro]ect w'aste materials, rubbish, the Contraaor's tools, coflstmction equipment, machinery and surplus matedab. `0.'15,2 ff the Contractor fails to dean up as provided In the Contract Documents, the Owner may do so and the cost thereof ~ be charged to the Contractor. $.15 ACROSS TO $.15.1 The Contractor ~1 provide thc Owner and Architect acc~s to the Work In ~reparat/on and progtc~ wherever located. `0.17 ROYALYl~ AND $.17.1 The Contractor shall pay all royalties md I/cease fees. The Contractor sh211 defend suits or chlms for infringement of patent tights and shall hoid thc Ownes and Architect harmless fi'om loss on account thereof, but ~ not be responsible for such ~efeflse or loss wha~ a pmtcula~ desiga,, pwor~ ot prod. - uct of a PaLr~:td~ manufacturex or maflu faam-c~ ls rcqulred by ~ Comntct Doaunents. However, if the Contractor has rea- son to bd/eve ~at thc requffed destga, proee~ or product lsan iflfrlflgemem of a patent, the Cofltrac~r gh~l! be tzspons/ble for such !o~ unJc~ ~uah tn/ormati~n is promptly fundshed to thc Arct~cct ,0.16 IdDEM~TIO~ 3.16.1 To ~ fullest extcm permitted bT bw, the Cofl(~,ct~i' tcct'~ o:msultmts, and ~g~ts ~ cmplo~c~ of ~¥ of tbem lng t~t not Pqdted ~o ~tt0usc~' iccp, ~'e, 1o~ or exPenSe b ~mflbuc~k to bodl¥ inJusT, s/clinch, dls~c ot d~ or to I~ In or de~x~a~on ot'~g~bk pwp- cn'Y (oth~ than thc Work 1~ ladud/ng Io~ of use re~l~hg ~t ac~ or oml~k~ of thc Comr~or, ~ Sulx~m:~Wr, ~ In t~s. r,mgr~h 5.ts. tect'~ consultants, and agents and employees of any of aflsing out of (I) the preparation or approval of maps, opinions, ~om, sun, eye, C/range Orders, des/sns or tlons, or, (2) the gh~n~g of or the fallor¢ to g/ye d/rectiom or lastma/om by ~e Architect, the Amhitca's consulrmt~, agcm~ and employcc~ of any of them provided such giv/n$ or failure to give is the primary cause of the In/ury or damage. · ARTICLE 4 ADMINISTRATION OF THE ?ONTRACT 4.1 4.1.1 The ,~dfltect is.thc person hv,,fu$r licensed t~ prac/cc ardfiteaure or an entity hwfully practicing architecture idm- tiffed as such h the Agreement and is referred to fl~oug~ut the Coawact Documents as if slnguhr ta nomber. The t~nn "Atchitea" meaus"the A~A~ltect or the Archkect's.anthor/zed 4.1.2 I~tle$, responsiblliti~ and l/mltaUom of authority of the Archisect as ~et fo~h In the Contract Documeats shall not be reatrtcted, m.odU~, or extended without wdttea consent of the Owner, Contractor. and Architect Consent ahai/not be untea- aonably wi//dleld. 4.1.$ ia case of term~n~qon of employmeat of the Archit~t, traotor makes no reasonable objection ami whose ststu~ under the Contraa Documents $fiall be that of {he briner architect. 4,1.4 ~ sds/rig under ~ubl~uagraphs 4.1.2 and 4.1.3 4.2 4.2.1 The ,L,x~tect wgl pray/de adm/n/stratioa of the Coaw~ct Own~s payment l~ due and (3) wl~h the OwneC$ conoa'rence, from graph 12.2. 'l~ Ard~ect w~l advise and eo~ult w/th the Owner. The ArchiteCt w$1 have anthoflty to act un behalf of the ~la othct/nov;dom of the Cunttact. tractor, Sub~ontraetors,.or their agents or employee~, or of any other petaom performing poffions of the Work, 4.2.4 Communications .Yadfltating Oontract Admlnietra- H0~ Except; as otherwise provided in thc Contract Documents or when direct communleatton~ ~ave been specially autho- rLzed, thc Owner and Contxactor shall end~or to communl- cae through thc irdatect. Communications by md wtfh the nlcatlon$ by and with Subconttacto.r$ and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.E Based on the Architect's observations and eraluations of the Contractor's Applications for Payment, the irctaltect will review and certify the amounts due thc Contnaor and will ~ Certificates for Paynaent in such $1r. ount$, 4.2,6 The Arcl~Iteet will have authority te ~¢a :Work which do~ not conform to Oac Contract Documents. Whenever the Ardaitect considers it nece~w/or advisable for lmplementa: tion of the intent of the Contract Documents, the Architect will have authority to t~quLre addltlotml ]n~n or teaUng of the Work In accordance with $ubpamgnt~ 13.52 and 13.5.3, whethe* .or not such Work is fabricated, Installed or completed. However, neither ~ authority of the Architect nor a decision rnade In good faith either to exercise or not to exercise such authority shall give rlse to a duty or ~:sponsibllity of the Arahi_ tect to the Contractor, Sllbo311traetor~, material :Lrtd eqlJlpmetlt lng portions of thc Wort. 4.~.7 The Archltoa will t~"vtew and approve or take other appropriate action upon the Contractor's submltta~ such as Iii'lop Dt~Wl,lg$, Pll:KhlCt Data slld ,~0[~, big: o~l7 for Ibc limited purpose of checking for confotmmce with h,.fo~mation a~ii~iitea of ti~ Owns, Contractor or separate contractor~, ~ :fflowing Suffident time In thc Alxtdtect's professional and completeneas of othe~ ,t,~!b such as dimensions and tc:p~,,maitr of ~he ~as r~lUit'ed by the Contract lq~owl of a specie t~,~___ ~ not Indicate approval of an Own~s t~tew snd tee0als wd~n watnnflea and n~m~d out the Architect's responsibilities at the are. The responsibllltl~ and limltatior$ of authority of such pl~Ject representatl~e~ shall be as set forth in an exhibit to be h,x~t>o. rated in the Contract Documents. 4.2.11 The Architect wJ]] lnteq~ret and decide matters lng performance under and requlrementa of the Coalract Docum{mt~ on written request of either the Owner or Conlrac- tot, The A.rchite~t'$ 'reaponse to such requests, will be n~tde with reasonable prompme~s and within any time limits ~ upon. If no agreement is made concerning 0ae thne wi~dn which interpretations required of the Aw. hltect shall be fur- nlshed in compliance with this Pa/ag~ph 4.2, then delay ~ not be recognized on account of failure by the Architect to fur- nish such inteapretations until 15 day~ afler written request is made for them. 4,2.12 lnterpretatipru and do:tsions of the Ard~tect v411 b~ cons~tgnt with the ~tent of and reasonably inferable from thc Contract Documents and will be in writing or in the form of Architect vdll eadeavor to secure faithful peffonmn~e by both Owne~ and Contractor, will riot show partiality to edtho' md will not be liable for re~ul~ of interprelattons or decisions .so r~mdered in gdod faith. 4~..13 Thc Architect's decisions on matters relating to effect wM be final if consistent with the intent expressed ~ the 4.3 CI.~MS Al, lO 4.8.1 DeflnRIon. A Oatm B a demand or asc~tion by one of ~he fraties seddng, as a matte~ of t~lght, ~ljustment or lm~'pre- tation of Cootraet terms, payment of money, extension of dine or other r~ief with reipect to ~he terms of the Contract The term "Oatm" also lndud~ o~ d~pu~ and nutte~ in ques- ~ tc~ans~llity to ~bst~te ~ ~ re~t ~ lhe v~ not be emuMemd uabs mbadmd Ja a ~__ nmBer. JL~l.tl~'~ '11 4.3A Continuln~ Ooniraot Perfonnan~, Pendlag rmal ~o- lulioa ota Glaim including arbluatioa, unle.~ otherwise agreed In writing the Contractor shall proceed dlllgentiy with perfof mance of the Contract and ~he Owner shill continue to make 4.3.$ Waiver of Claims: Final Payment, The making of final payn~mt .shall constitute n w'alvcr of Claims by thc Owner except those arising from: .1 liens, Claims, $¢cudt7 interests or cncumbmnce~ aris- lng out of thc Contract and unsettled; .~ falhrc of thc Work to compl7 with thc requiremems of thc Contract Document~; or · 3 temps of special warrmUca required b7 thc Contract 4.3.6 Claims for Conoealed or Unknown C0ndltlons. If con- ditio~ arc encountered st thc die which arc (1) subsurface or othe.~ concealed physical condiUons vddch differ maccri- unknown physical conditions of an unusual mt~c, which dif- fer matedall7 from those ordinarti¥ found to exist and lieneraliy reco~n~ I~',-d ~s inherent In constnscflon actlvitic$ of thc character provided for In thc Con¢~ct Document~, then uoticc b7 the observing party shall lac given to thc other Part7 promptly before cundliiom are d/stuit~ and In no event htet ~ Zl days ~ first observance of the conditi~s, The tect '~vt[[ pl~cmlpg, y Investigarc such cenditions and, If they dtffer nmtctla~' snd can.~ six Increase or decrease In the Contractor' COSt o~ or time required for, performance of any p~tt of the '~7otlq wffi recominend an. equitable ~[justm~t In thc Contract Sum or Cotmaa Ttme, ns both. Ir the Archltea determme~ that Cbc conditinns ~t the site are not materially different h~3m e~3<,,e indicited In thc Conh~:t Documem~ sm:l that no Change ~n the must be ~ wlth~ Zl days ~ the ArchRect has given notl~ of thc decislun. If the Own~ and 6ons~:tor <:armor =~ex: o~ m sdjnstment In the Contact Sum or Cunuact T~me, ml~,..~en, subject to furth~ proceedings Dutsuant to Paragraph 4,4. 4-,~.? (~dms fo~ A~[lilo~g Co~ If ~ae Cxamactor wish~ to ~!~ Wodc l,~lo~ no~c b no( ~luired for Oalms ret~L~ to ·m tect~ (4) fnllute of l~t~nmt b~' ~ O~net~ (5) tennk~Sion of the substantiatMg that weather conditions were abnormal for peflod of time and. could not have been reasonably antielpate~ and that weather conditions had an .advei'~ ~ on scheduled construction, ' 4.3.g Injury or Damage. tapetson or Property. Ifeliher pa~ to thc Contact suffers ~'~uc7 or d~m~ tO per, on or ptow. tt7 be~nse of an act or nn:~flun of ~c other party, of an7 of <)~ct pinT'S empIoTcc~.nr a~n~s, or of others for wbe, sc such party is legally liable, wthten notiCe of such tnJutTot damage, whether or'not Insnsed, shall be given to' the othex party within a reasonable time not e~ceeding 21 days aRer obe, ervanCe. The notice shall provide ,~.ff~ctent detail to enable the other party to Investigate the matter. If a Claim for add- tional cnst or time reht~ed to this Claim is to be asserted, it shall be ~ as provtded In ~;ubparagtaphs 4.5.7 or 4.3.8. 4.4.1 The Axchliect will revle~ c'~Lm$ and take one or more of ' the following Prdtminary actinns wlildn ten days of roa~ipt of a Claim: (1) ~equest additional ~pport~g tiara flora the dah~mt, (2) submit a schedule to the parties Indicating when the Arela- rect expects to take ac~on, {3) r~ject the Clatm tn whole or ~ part, sta~ng reasons for rejeetion, (4) reeommcod approval of the Chlm by the other pai'ty'Or (5) suggeat a compromise. The Architect may also, but ts not obligated to, notifr the mrety, any', of the nature and amount of the Claim. 4.4,2 If :t Claim has been reaolved, the ~ witi prepare or ob~in appmpflate documentation. 4.42 If a Chim has not been remlved, the partr making the te~r~'ase, talee oue or more of the f~liowing ac~om: (1) anbrait additional ~'x~aon~k~g d~ta ~que~ted by the An:~ltect, (2) mod~ the Inl~a~ Oaim 6r (5) notffr the Architect that the lnl0al 4,4.4 If a Claim Ires not been resolved a/~er c~xqalent~k~ o f the foregoing and of furmer evtamce premated br the pamm O~ tbe Commct Sum & C~-~. T',m¢ or bo~. ~th=e b a surety and tt~'e nPPe~ to be a p6~ of a Con~of$ de~tult, 4,$2 R{fl~ end N0~e~ ~or ArbRr~on. Claims ~ ~e O~K md ~n~r not ~olv~ ~d~ P~ 4.4 ~ ~J~ ~ ~flon ~ SuCh 4.5.1, ~ ~d ~ o~ ~ to ~e ~t ~ ~e ~ md ~n. ~on p~, ~e O~ ~d ~or s~ ~mply ~m ~h 43.4. ~a of~r ~ ~y ~ ~ ~& ~ ~ ~ o?(1) ~e ~ on ~e ~ (2) ~e t~ ~r ~ ~e ~ ~ pre- ~t~ ~ ~ ~ ~ or ~ve ~ ~v~ ~le ~ty to do ~, ff ~ ~ ~ not ~d~ a ~ ~ d~n by ~t ~te, or (3) my of ~e ~ d~ ~ SuCh 4.3.2. 4.$.4.1 ~m a ~ ~on of ~ ~ ~t~ ~t (1) ~e ~lon ~ ~ but ~ to ~l~n md ~) a d~d for ~n of a ~ ~v~ by ~ ~n m~ ~ ~.~t~'a ~ ~ ~ md b~ ~ ~e ~ ~ ~ ~ but$~ ~~p~ ~ ~ ~e ~n ~ ~ to ~ ~ ~ ~ ~ S~ 4.5.1 md 4.5.4 ~d ~ 4.~.4.1 ~ ~ ~ ~ ~ ~ ~ a ~ble of ~ ~ ~~t to ~ 13.7. 4.$,$ Claims and Timely Ast, erllon of Claims. A party wh0 files a notice of demand for arbitration must assert in the d~aland all ~ then kllown to that party on which aibltra- tion .Is P~ltted to be denaaadexl. When a party falls to Mclude a Claim through overalght, inadvertence or exemable neglect, or when a Chtm has matured or been acquired subsequently, the arbitrator or arbltrat6ra may permit amendment. 4.$.7 Judgment on Yin~! &~rd, The award rendered by the athltrator or athitratom ;hall be ra~al, and Judgment ~nay be entel'ed upon it In aCCordance with applicable law in any court having Jurisdiction thereof. ARTICLE 6 SUBCONTRACTORS ,6.1.1 A sUbC°ntma°r ~ a Person or enUty who 1~ a ~rect contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is relented to throughout the Conw~:t Doenmenta as ff slngubr in number and mearls a Subcontgactor or an authorized representative of the Subcon- tractor. The term Sttboxltx~ctor doea not Include a separ'ate contractor or subcontractors of & separate contractor. $.1.~ A Sub-mbcontractor l~ a pemon or entity who has a dtro:t or lad/r~ commct with a Subennmtctof to perform a portion of the Work at the site. The term "$ub-subeomntctor' in llurnbel' and means a $ub~tmctor or an authorlzot representative of the Sul:~ulxxam-actor. $~ AWARD Of: 8tJ~:X~flRA~"~8 AIqO O~ [abt'icat~d ¢o a sTx~:tsi tt-~g,~ ) p~mos~d for cads prtndpal lX)~- do~ of thc Work. Thc Y~chltc~t~wiil pwmpfiy u:ply to thc Con- ~:m~ect~ prompdy ahall e~msthute notice of no reason. 5,3 SUBCOHTRACTUAL RE~ATIOW3 5.$.1 By appropriate agreement, written where legfll¥ required for v~lidlty, the Cbatr~ctor ~ require ~tch Subcoatrnct~r, to the extent of the Work to be performed by ~he Subcontractor, ta be bound to the Contractor by' terms of ~e Contract Docu- ments, ~md to aSSUme tovard the ContractOr all the obl/gatlons aad req~bllltles which the Contractor, by these meats, ~umes tow;.rd the Osvaet and Architect. lhch subcon- tract agreement ~ preserve and pwtect the flgh~ of Owne~ md Architect under the Conw~ct Documem~ with respect to the Wo& to be performed by the 8ubcomractor so that subcontracting thereof will not prejudice such tights, sad shall allow to the Subcome~_clor, unless spedfic~y provkled otherwise in the ~bconwact. ~maeat, the be~flt of tights, remedies aad redress against the Comr~or that the Contractor, by the Contract Docummts, has ~l,~t the Subcontractor to enter into $1m/l~ ~q~ements wi~h Sub~'ub-' contractors, Thc Contractor ~ m~e ~v-~hbl~ w e~ch pro- posed Subconw~'tor, pdor m ~he execution of ~ae subcomr~ agnmnent, copl~ of the Conu~ct Documm~. to whid~ ~h¢ Subo~ntractor ~/1 be bound, md, upon wdt~en t~quest of ~h¢ Subcontractor, identify to. the SubconLr~ctor tams md cond/- tlom oi ~he propo~d subconmct agt'e~nent which rmy be varhnce with the Contrnct Documeots, Subcontr~xo~ ~ $ltmh~ty make copie~ o£/pplicnble por~ort~ of such documa-tts =v~lhbl~ to ~hdr real. Ct/ye propo~/Sub~tr~ctor~. ~.4 CONTINO~0' ~M~'T OF S0~ ~.4.1 F,a~h subcomraa n~eanem for ~ potion of the ~ork n.~l~d by the C~otnaor to ~h¢ Owr~ pwvlded .l ~/~m~nt b dt~/~ only after term/ration of the Contract I~y the Owner for cnu~ pu~sumt to Pam- I~'~h 14.2 nnd only for those subcontnct ~.42. If ~he Work I~s bern smpended for mot~ ~mn ~0 days, the ~ul~ontr~ctor's compression ~ be equitably nd~sted. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ANO TO AWARD ~EPA~ATE OONTRAOT~ 6.1.1 'llzc O~c~ ~s(:z~c~ (he d~u m ix:dorm ~ o~ 6.1.3 The Owner shall, provide for coordlmtlon of ~he tie~ of the Owner's ovax fo~'e~ and of each ~par~te cont~tor with the Work 6f the ConW,~ctor, who ~ cooperate ~th them. The Contractor shall participate with other ~pamte con, tractors and the Owner in revl~mlng ~heff ~omtrucUon sd~J- ule* when directed to do ~o. ~ Con~ctor fl~all.makemy revlslon~ to the comtnlcl/on schedule and Contrac~ &un deemed necessary alter a ~olnt rex~ew md mutual agreement. Thc eonstrue6oa schedules dzall then comtitute the schedule~ to be used by the Contn~ctor, ~ly, u-ate contmctor~ and the Owner until subsequently mi,bed. 6.~.4 Unle~ otherwise 'pwv/ded ia the Conmlct-Documeat~, . when the Owr~ perfom~ com'trua/oa or o~ns rda¢cd to the Pro~:xx wlth the Owner's own foro~, the Owner ~ be deemed to be subject to the sfime obl~at/om md to We same rlghu which spply to the Contractor uncle/the tlons of the Contact, Indud/ng, without excluding off,ers, ~hose stated In Article ~, this AmJcl¢ 6 and Art/des 10, 11 and 12. 6.2 MUIUAL 62,~ the Contractor shall affon~ the Owner and separate con-. tractor~ re~somble oppoau0Ry/or introduction and storage of thdr materials and equlpw~nt and'peffonmnce of the/r act/v/- fle~ md shall connect and coord/mte the Coat~ctor's stw~lon and ol~n~ions with lhe/t~ as required by the Conuact Doamleflt~. 62..2 If ~ of the C~nu'~ctor's Wo~ depends for proper execution or reault~ upon commuc~on or operaflom by Owt~ or It ~t¢ ~ontractor, thc Contracto£ ~ pl~oc to pmoeed~g ~ta~ that potion of the Work, promptly repo~ to the Architect af~arent dlserepmc~ or dffect~ in such o{her cong.~etion Ihat would rendeg it unsuitable f~ such lt~al~r eaz~tlon and teault$~ Failure of the Contractor $o to ~port ahatl oomtttute an admowledgm~t that t~e Owne~,s or sepa. tare ~on~ctor~' oample~ or pam~lr completed construction I$ fit and PtoP~ to ~¢ the Contl~tor'$ Work, except as to defocts not then muomb{¥ dlscoverg~. 6.2.,~ Co,ts caused by.dehy~ or by Improperly timed actlvtt/e~ hie fllet~or. · fully eau~l bj~ the Contxaeto~ to oom~eted o~ paxt~ly com. ~ ~ ~ ~ ~ of ~ O~or ~te ~~~-~ t0~.5. 14 A201-18~' '~M,"~'M.,,m, Am · ~UAL cGe.xn(~ Ge m~ c(xmucr 1,or c~m~m~, axmumm mxn~q ARTICLE 7 ~NGE8 IN THE WORK ;.1 CHANGES 7.1.1 Ctmr,.ges tn the Work may be accomplished after c~ecu- tlon of.th~ Contract, and without invalldatin_g the Contract, by Chan~e Ordes, Constnsetlon Change Directive or order for a minor change in thc Work, subject W the Umltattons stated in this Atxlcle 7 and elsewhere in thc Contract Documents, · ?.1.2 A Change Order shall be based upon agreonent among ~ Owner, Contractor and/ucbltect; a Construction Change Directive requires agreement by the Owner md'Architect md may or ma}. not be agreed to br thc Contractor; an order for a minor change in the Work may be Issued by the Architect alone, ?.1.8 Chaoges in the Work shall be performed under cable providons of the Contract Document~, and thc Contme. tot. shall proceed promptly, unleas otherwise provided in the Change Order, Construction Cf-range Directive or order for minor change in the Work. ?.1.4 If unR prless are started in the Contract Documents or subsequoa3iy agreed upon, and if quantities originally con- templatcd are $o changed in a p~ Change Order or Con- structiort .Cha~g¢ Directive that application of a~ch trait pri~es to qumtldes of Work proposed ~ came sub~tantial inequity to thc Owner of Contractor, the applicable unit pdces shall be equlubly adjusted. ?~2 CHANGE OPP..RS ?.2.1 A Cl~ng¢ Order is a written Instnlment prepared by the Architect and signed by the Owns, Contractor and Architect, stating their agreement upon all of the following: .1 a dm~gc in tbe Work; .~ the amount of ~ adjusunent ~ thc Contract Sum, If anti and · 8 the extent of thc adjustmcm in thc Contract Time, if any. 7d..2 Methods used in d~mtnlng adjtutments to thc Contract Sum mar indud~ ~m~e iis~d la SalAoaraStaph 73.5. ?.~.;I A Constnscfian ~ ~ Is a w~.t,~ order pre- dlre~ng a change In the W~k and statl~ a proposed lxuis for adjustmont~ if any, in ,h~ Omttact Sum or (Xamact Time, or ab~mee of ~ta[ sgteemmt ~ ,he ~n$ ora Clungt O~d~: .3 cost to be determined in a manner ~greed upon by the parties and a mutually acceptable ILxed o~- age fee; or · .4 as provided in Subparagraph 7.3.6. 7,3;4 Upon receipt of a Const~uction Change Dircctiv~, the Contractor ahall prompfl7 pwceed with the change I~ the Work involved and advise the A~chltect of thc ContaCtOr's agreement or d~eflt with the method, if anY~ provided in thc Construction CJ~ngc Directive for dctemaining Oa¢ pro- posed :!dJesmlent in the Contract'Sum or Contract Time ?.8.~ A Construction .Change Directive signed by thc Coatrac- tot indicates the agreement of the Contractor thescwith, lactud- lng adjes~nent in Contract Sum and Contract Tlmc or the tire immedhtel¥ and ~ be recorded as a Change Ot~kr~ ?.8.6 If the Contractor do~ not rcs'pOnd prompt/y or with the method for' ad.instmeat in the Contract Sum, thc method and the adjustment ~ be deterattned by thc Archl- tcct on the bags of rcasonable expenditures and savings of tho~c pexformlng the Work attributable to the cfiangc, hdud- lng, in case of an incr6ase in the Contract Sum, a reasonable allowance for oyethcad and profit, in auch case, and also under Clause 7.3.3.3, thc Contmctbr shall keep and p~eacnt,/n such form as the Architect may pre~Mbe, an itemized accounting together v/th appropriate supporting data. Unk~ othetwi~ provided in the Contract Documents, costs for the purpesc$ of th~ Su .b~h 7.3.6. ~ be limited to the following: .1 CO, ts of labor, incinding social r, ccurity, old age and unemployment insxirance, fringe bencflts required by agrcanent or custOm, and worketa' or wodanen's co~n hsurance; .2 costs of matc.,'hls, suppl/~ and equipment, Indud- lag c~t of tran~ottatio~ whether inco~pot'ated or · $ ~en~l co~ts of m~i~ and equyment, cxclnsivc o f hand tools, whether rented fi'om the Co~tractor or orbed; · 4 costs of pl'cmiums for all bonds md insuraace, poxnit Wo~ and .~ add/tionalcostsofsu~aadliddofficelx~$on- amoonts aot in dispute mar be laciuded la t, pgltcatlon$ for tot to tile Own~ for a deletion ot change wtdch rem~ ia a net 7JA If tht Ow~- snd ~ do ~ot ~-ct 7.4 MINOR CNANO~8 14 TIlE WORK ?.~1..1 Thc ArcMtect wtlJ have authority to o~c~ mino~ tha~cs in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be · effected by written oixler and shall be binding on the Owner and Contractor. The Contractor shall carry out ~;uch written ordm promptly, ARTICLE 8 TIME 8.1 DEFINn'IO~$ 8.1.1 Unless othezwbc p~ovided, Cotma~ Time is the pe. riod of timc, Including authorized adjustments, allotted in the Con- tract Doenment~ for Substantial Completion of the Work, 8.1.~ The date of commenc~hent of the Work is the date eatablish~l in the Agreement. The date shall not be postponed by the falin~ to act of the Contractor or of pe~ons or entltte~ for ~qlptn the Contractor is reaponstble. 8.1.$ The date of Substantial Completion is the date certified by' the Architect in accordance with Paragraph 9.8. 8.~.1 Time ~ stated In the Contract ~cs a~e of the e~,enoe of the Contract..By executing the Agreement the Con- traKtor continns that the Contlact Time is a reasonable period for performing the Work. 8g..l ~ Contractor shall not knowingly, except by agree- merit or imm~:tina of the Owne~ in writing, pre~,~¥ com- rmmoe oPera~kms on the Site or etsewhe~ print to thc effective dateofinsurance tequked by Article 11 to be fomisbed by the ~. The date of commencement ol the Work ~hall not be dm~:l bY the ~e date of such insta.ance. Unless tbe date of omnmencement is established by a notice to proceed given by the Owns, the Contractor shall no~-r the Owner in e°mmendng the Wodc~o pem~k the dn~r itgqg of moorages' 8.~.$ ~ Contmetoc ~ pmcoM expeditiously ~ 8.8.1 If the Contr$cint Is ddayed at any 0me in ~ of the · ml~)rce of either, c~ of a actuate coatra~or ~ by · e Ownc~, or by ch:m~:s ccde.~ in thc Wo~ oc by labor ARTIC3.E 9 PAYMENTS AND C~MPLETION 9.1 CONTRAOT ~dJM 9,1.1 Thc Contract 8urn is sr~ted in the Agleement and, includ- ing authorized adjustments, Is the total amount parable by the Owner to tbe~ Contractor for performance of the Work under 9,2 8CHEOULE OF VALUE8 /),2.1 Before th~ first Application for Payment, the Contractor shall submit to the Architect a r,~hedule (Sf values ~ocated to various port/ohs of the Work,.prepaz, ed in such fotm and sup- potted bY suc, h data to substanthte its accoracr as the ~ ye usen as a yam mr revieWin& the Contractor's Applica- tions for Payment. 9.3.1 At least t~a daTS beforc thc date c~.~blisbed for caea progrcss paTmcnt, the Contractor shall submit to thc Architect an kcmlzcd Application for 'PaTment for operations coa~a]cted in accordance with thc scbedulc o~ x,'alues. Such application bstantiaimg thc Coatracto~ s right to paTment as thc Owner or Arch~ nu7 rcqui~c, such as copies o~ zequtsltioas flora Suboontmcton ~ m=crhl suppttcrs, and reaect~ ~ g.3.1.1 SuOa apPl{<:atiom rma¥ in~:lude rcquest~ for paTment en account of thangea in the Work which have been properly authorized [?y Coustrnetion Clmnge Dlrcetlvea but not yet included In Ghange Otxlers. 9..q.1~. Such applications may not include requests for pay- ment of nmounts the Contractor doe~ no~ Intend to pay to a ~tractor or matedal suppllec because of a dLspute or ott~- 9~1.2 Ut~css other-wise ptovld~ In the Coatract ~, PaYments ~tull bc made on accotmt of materials and equtpment dea-,'c~d and ;mkably stoeed ~t ~ site for subsequent b~or- P°ration In 0-'e Wink. if Auproved in advanoe by ~e Own~' payment may ~rlY be made for mateslal$ and equipment Suitably stored off the ~Ite nta Ioc:~on ~gtz~l upon In vmting. upon summtta of an ~ol~ca~0n f0~ p, tyagnt all Wod~ f~c Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly due. or notify the Con.actor and Owner in writing of the Krchltect's reasons for withholding ea~lfleatlon ~n ~hole or in part as provkled in $ubpaxagmph 9.5.1. ~.4.2 The issuance ofa C~'tlficate for Payment will constitute a ~tesentaOon by the Architect to ~ Owner, based On the ~hltect's obsematlons ~t the ~lte and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, Infolmatlon and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing represmta- ttons are subject to an evainalinn of the Work for conformance with the Contract Documents upon SubstanOal Completion, to reatflt$ of sul~,eque~t testa and inspections, to min6r deviations f~m the Contract Documents eotx~table prior to completion md to specific quaitflcation$ e~ptessed by the Architect. The issuance of a Certlilcate for ~t will further constitute a repreaentatinn that the Contractor is enUtled to payment in the amount eecdfled. However, the Issuance of a Certificate for Pay- merit will not be a tel~esemation that the Architect has (1) made ead~anstlye or continuou$ on-atte in~o~ to che~k the quality or quallUty of the Wor~ (2) reviewed eormtruction means, methods, techntqaes, sequemm or procedures, O) reviewed copies of requisitions reogtved from Subcontractors and mate~flal suppliers and oeaes data requested by the Owner to $11b~/afltiate the Colltracto{'$ l~ht to payment or (4) Illade .e .a~tion to ascertain how or for what puxiK~e the Contrac~ to~ has used money prex4ously paid on acx~ount of the Contract Sum. DEC~ION~ TO'WITHHOLD 9.$.1 ~he Architect may decide n~t to ceCd~ payment and Inay withhold a Ceztlflcate for Paymellt in whole or In part, to the ~xtent reasona~fly neceasa~/to protect the Owner, if hl the Ard~le~s opinlon the ~ td lhe Owner requLred by ~ 9.42. canno~ be m~. ff th~ Atchitec~ is umbl~ to ~ payment in ~h~ :auo~mt of th~ ApplicatJon~ thc Su~ 9.4.1. If the Contractor and Aa:hkcct cannot ag~ec on a revised amount, the Ard~teet wlU pmm~ly ~ a Ce~ficate bt l~t fo~ th~ amount fo~ which the Axehttect 9.5,2 When the ahove r~asons for withholding cettllica~n are removed, certlflcarion wtll be made for amounts pxevlously wtthheld. 9,6 PROGRESS PAYMEHTS 9.6,1 .~er the Architect has issued a C~'tlflcate for Pa~ne~t, the Owlaer shall make payment in the manner and wlflfln the time provided in the Contract Documenta, and shall Su the Architect. · 9.6.2 The Contr$ctor shaft promptly pay each Subcontractor, upon receipt of payment from thc Owner, out of the asloum paid to thc Contractor on account of such Subcontsactof~ Uon of the Work, the amount to which said Subcontractor is to the Con~ on ~ccount of such Subcontmctot~s ix~ion of thc Wo~ Thc Coat~ctQr ~dl~ by xppropfl~te with each Subcontractor, require e~h ~ubennwactor to make 9.$.~ The ~o~itoct ~ on requ~t, fumbh ~o a SubeoaWac- tor, if p~c~b~ infomu~lon regaling po~en~gcs nf com- ple~on or ~mounts applied for by the Coat~ctor and ~ctio~ taken thereon by thc Architect luxl Owner on account of por. tions of the Work done by st~2h Subcontractor. 9.$.4 Nel~er the Ownes nor Architect shall have an obfigation to pay or to ~ee to the payment of money to a Subcontractor $.0.$ Payment to mateflal suppliers d~all be treated in a manner ~ to that provided in Subparagrap~ 9.6.2, 9.6.3 mid 9.4.4. 9.$.6 A Cecdlteate for Parmeng a. progl~s parmeng or pa~ial or en~e use or occupancy of the Project by the Owner not ~onstttute aceeptance of Work not in ~ceordance with the 9.7 FAILURE O~ PAYMENT 9.?.1 If thc Arddtect doe~ not lsaUc a ~ for pa~ncaat, ~ of thc Cunt~ctor's Applicatinn loc e.y~,cnt, or ff the Owner docs mx Par the Conu-actor wttt~a sevea days :u~c thc tiffed br tim Arddtect or.:nr~m~ed by sdzin, a~an, the~ thc Con_ Own~ and A.'*d~ stop ~ Wodc umli ixq, mcm of ~c imzcased br ~ amount of thc Commctoe$ mascauble costs of pm~md in,C,~k~ ?, 9J.I r'~ammhl Coml~tl~ b ~e st:;c in thc pmsrc$ of G~c A201-1~7 17 hated portion thereof is substantially complete. If the Architect's. inspection discloses any item, whether or not Included oa ~e Coateactofs ~ which is not tn accordance with the requiremeota of the Contract Documents, the Contrac- tor shall, before issuance of the Conlflcate of Substantial Com- pletion, complete or corceet aueh item upon notification by the Architect. The Contractor ahall then submit a request for another imoeetion by the Architect to determine Sub~'tantlal Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substanl~l Completion which ~ eatabllsh the date of Sub- stantial Completion, shall eatabUsh reapomlbllltles of the Owner and Contractor for r,e~rit r, maintenance, heat, utilities, thin. ge to the Work and Ina~a~ce~ and shall fix the tinl¢ within which the Contractor shall ~aaiah all Rem on the list ~coompanying the Cextifieat¢. Wat'mltle~'requlrod by the Con- Completion of the Work or designated potion thereof unle~ othc.~ wise provided in the Cerllflcate of Substantial Comple- tion. The Cefldflcate of Substantial Completion ~ be sub- mired to the Owner and Contractor for their ~,rkten acceP- . tanee of responsibilities a.~t~R~d'to th~m in sucfi 9.9.8 Upon Subs~.antial Comple~on of the Work or designated portion thereof and upon .application by the Contntetor and certification by the Architect, the Owner shall make payment, reflecting adjug~lent in retainag~ if alay, for ~ Work or pof tlon therenf as provided in the Contract Documents. 9.9 P~RTI~ (~FI~Y OR t~ $.9.1 The Owner may occupy or ~ any completed or par- tJall¥ completed portion of the Work at my stage when such portion ia devlgnated by separate ag~ment with the Contrac- tor, pmvtded such occupaucr ue nsc is coflsemed to by the fflsui'cr as required uflder Subpa~ 113.11 and authotized by public amlmfltlea having ~:lsdidlon ove~ the Work..~ch pacthl oeenpancy or use may commence wi.~ther or not the" poctioo ia anbatandally enmple~ Fn:wlded the Owner and recflofl of the Work and commenocment of ~ meat between the Owner and Comv._x~___ __~c er, if no agreement ia $.~-~ lmmedmdy pflof to tach pat~[ occupmcr or use, ~he ' such tflspection and, when the Arcifltect finds the Work accept. able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a.final CerXlflcate for Payment atatlng that to the best of the Ardaitect's knowledge, Information and beitef, and on the basis of the Architect's, obaervations and Im'peetiofla, the Work has been completed In accordance with tenm and condMona of the Contract Docu- ments an~l that the entire balance found to be due the Con~ tot and noted In s~id final Cefllflcate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed In Subparagraph 9,10.2 as precedent to the Contrdc~or'$ being entitled to final payment 8.10.2 Neither final payment nor any remain~g retained percemage ~ become due until the Contractor submits to the At~fltect (1) an affidavit that payrolls, bllis for ~ and equipment, and oth~ fndebtedness connected with the Work for which the O~,uer or thc Owller's Dmt~lx'v mioht I~ respo or encumbered ~ amounts withheld by Owner) have been paid or otherwise aadsfied, (2) a ~,~icate evtdenc- ao~ be canen~ti or allowed to. expire un~l at least 30 days' prior written no~ has beefi given to the Owner, 0) a written sta~ment that the Contractor knoWs of no substantial reason that the ba:;urance will not be renewable to cover the perind ~r, to flflal Parment and (5), If required by the Owner, othec data e~thliah~ng parme~t o? ~aetion of oblig~ons, au~ah a~ n:~etpt% releasea and waivets of llem, c~lm~, secuflty fntere~ or enctmabran~ea atidflg ont of 0ac Contract, to.thc ca:tent 2nd in such foun ~ may be designated by the Owuer. If a Suboan. tractor refuses to fombh a release or v,-atver requiaed by me Owner, the Contractor may fomlsh a bond sadsfactory to the Owner to fndemnEr the Owner ~q~Imt anch Ifem if such lien comodl~ to par In dl~cl~a~tng ~uch lien, including afl eos~ and reasomble attorneys' fees. $.10.9 l~, ~ Substmtial Completion of the Work, final com- ~~~P~~of ~a~'~~o;~h S~ · ARTICLE 10 PROTECllON OF PER$ON$ AND PROPERTY' 10.1 SAri:iv' PRECAUTIONS AHD PAOGI~$ 10.1.1 Thc Contractor sl~ll bc respomlblc for tn~tl~, main- talt~ arid SUl~"tVi$ing all safgty pl~csutlom and progtan~ In connection with the performance of the Contract. 10,1,2 In the event the Contractor encounters on the site material ressonabl¥ believed to be asbestos or polychlosinated btphmyl 0OCB) which has not been ~dercd harmless, the Contractor,shall immediately stop.Work in the area affected :aid ~pott the condition to the Owner and Architect In writing. The Work in the affected area shall not thetofter, bc resumed except by written agreement of the Owner and Contractor If In fact the material g asbestos or polychlotinated blphenyl (PCB) and has not been rendered harmless. The Work in the affected nrca shall be resumed in thc absence of asbestos or pol¥chlort- hated blpheoyl (PCB), or wh~l it has been t,~endc~d hasmlegs; bi' written agreement of the Owner and' Contractor, or In mbttraRon has not been demanded, or by arbitration under Artlcte 4. 10.1.3 The Contractor shall not be required puramnt to Article 7 to ire'form without'consent any Work relating to ash~tos or polychlor{nated bipheaay{ (PCB). 10,1.4 To the folle$t extent pertained by law, the Owner shall indemnlfT nnd hold harmless the Contractor, Architect, Archi- tcct's consultants and ~ems aml employce~ of mr of them fi'om and ~tst claims, dam%m-~, foss~ nad expcme~, indud- from performance of the Work In thc affected ama if in fact the material b asbestos or polrddodnated btphenyl (PCB} nad has loss or expense is anttb~-table to bodily In/orr, d, dmes$, disease or dea~ o¢ to ~uty to or demuctiun of ~%e~c property (other than Cae Work Itsel0 including loss of usc resulting thetefi'om, but only to the eltent catus~d in whole or In pat/by n,~ ~t acts or omiss~ms of the Owner, ~nynne directly or L, xlLrcctly employed by th~ Owner or anyone for vd~sc acts ~ i. ~ ~;~;~ 1o.1.4. 10,2 8~¢OFPER~ ANO Pt~ 1021 The Commc~ d=ll tike ~ ixcc~lom for · 1 en~ on ~he W~k snd otb= pmom v~o may 10.2.2 The Contractor shall give notios~ and comply with applicable laws, ordinances, rules, regubtlons and la~[ orders of public authodtle~ bearin~ on safety of persons or propen7 or their protection from damage, injury os loss. 10.2.3 The ContraCtor shall erect and maintain, as requiscd by cxist~ condRion~ and pcrfotmancc of thc Contract, zeason- able safegtmtds for r,~ty and protcctlon, Including posting danger signs md other war~ against hazards, promdig~ g~ty re~tDlls and notlf~ owners and users of adJacct~t slte~ and utllR1es. 10.2.4 When usc or stot-age of c.xplostve~ of other haz~d0~.l$ matedats or equipment, or unusual methods are necessary foz c~ccutinn of thc Work, thc Cootraetos shall ~.ercise utmost care and casr~ on such activities under Superrislon of prope, rl~y 10.2.5 The.Contractor shall promptly remedy damage and loss (oURx than damage:or loss insured under property Insurance rcquired by thc Contract Documents) to property referred to irt Clauses 10.2.1.2 and 10.2. 1.5 caused in whole or in p;u't by the Conmtctor~ a Subount.qtctor, a Sub-subcontractor, or anyone ditecdy or Indirectly eniployed bym¥ of them, or by ani'one' for whose ac~ they. may be liable and for which the Contnctor is gesponstbl¢ under Clauses 10.2.1.2 nnd 10.2.13, excgpt/ darn~ or loss attributable to acts or omisslom of the Owner or Architect or an¥oflc directly or indirectly employed by either of them, or by an}one for whose acts either of them nmy be liable, and no~ attributable to thc fault or negl/gence of the Contractor. The foregoing ob~gatinos of the Contractor are M a~k~ion to thc Contcactor's obligations unde~ Paragraph 3.1 8. 10.2.0 The Contractor sindl designate a rc~ membec o f the Contr~ctor'.$ organization at the site whose duty strdl be the preventinn of accidents. This person shsil be the Contractor's superinten~cnt.unleas odzawise des~u~:l bi' thc Cnntzactor 10.2.? ~ Cun~ctor ~ not load or pennit mi' par~ of the construction or site to be'foaded Su as to endanger Rs salety. 10.$ EMERGEN(~ES 10.$.1 In :m em&gency affcctlngsafco/ofpersoos or propect¥, thc COnWACtor shall ~ at thc Cotatractor's d~ to pre- veto thrcat~ed dimage, fnlurr or foss. ,~litinmi compensa- of an emeagctx."r Shall be deigtmined as provided In paragraph 443 and Arrkle ?. ' ARTICLE 11 g. claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; ~ claims for damagus because of bodily injury, sickness or ~scase, or death of any permn other than the Con- tractor's en~oyees; .4 claims for damag~ insured by usual personal injury liability coverage which are austalned (1) by a person as a r~ult 6fan offense directly or indirectly related to employment of such p6r~on by tile Contractor, or (2) by another pe~;on; .8 claims for damage~, other than to the Work itself, because of injury to Or destruction of tangible prop- erty, including loss of use resulting therefrom; .~ elalmq for damages because of bodily in~y, death of a person or propoV damage arising out of owner- ship, maintenance or use of a motor ¥~lc. le; and .~ claims involving contractual liability insurance appll- cable to the Contractor's obligations under Paragraph 3.18. 11.1.~ '~h¢ insuranoe required by Subparagraph 11.1.1 fluff be wrltt~ for not leas than Ilmlu of Ilablliry spec~M ha the Con- tract Documents or n:qulred by law, whichever coverage is greater. Coverages, whether written on an occurrenc~ or ~lulrn.smade basis, shall be malnuined without intenupflon from date of ~ of the Work until date of final ~ and termination of any coverage required to be main- tsined after ~ 11.1.8 Cemflcates of insurance aecelxab!e to the Owner shall be fikxr with the Owuer pflor to commeru:emem of ~he Work. Para~ 11.1 shall contaM a provision that covecage~ afforxk~ under the polic~ w~ not be cance, lled oeallowed to exP~ un~ll at least 30 da~' pflor ~'ltten notice has b~m given to the Owner; If any o~ the ~ tn.~moe ~ ur¢. ably :r~U~h~ an ad~i~oml ce~l~cat¢ evido~n~ coutlnuation of such coversge shall be subaflued wtLh the fu~l Applleatinn for Parment as required by Subparagraph 9.10.2. Uffonnation concerning reductl~ of coverage Siull be fumlsh~ by the 11.2.1 TI~ ~ ~ b~ I~ourl~le for purchasing and Doomems. 11.~ I'I~OI~RTY ~ other than the Owner has an insurable Interest in the property required by this Paragraph 11.3'~o bo covered, whichever Is earlier. This .Ipsurance shall In~ude intere~ta of the Owner, Contractor, ~bcon.u'aS~. rs and Sub-subcontractors in the Work. 11~.1.1 Property insurance shall bo on an all-~sk policy furm and shall insure ~!-st the perils of fire and extended cov~ and phy~csi 1o~ o~- damage Including, without duplication of work, temporary buildings and debm removal inducllag demolition occasloned by enfolrcement of any applicable legal requireanents,' and shall cover r~sonable compensation for Architect's services and expends required as a result of auch insured loss. Coverage for oth~ perils shall not be requlr~ unless otherwise provided in the Contract Documem~. 11.$.1 ,Z If the Owner does not intend to purchase anch prop- enT/insurance required ,by the Cont/act md with ali of the coverages l~ tbe amount ~ above, the Owner ~ $o inform the Contractor in wti~ng prior to commencement of the Work. Tbe Contractor may tfien effect.~-urance which ~ protect the interests of the Cuntractor, Subcontractom and Sub- subcontmctota ia the Woti~, and by uppropdate Clmnge Order the cost thereof shall be d~ged to the Owner. If the Contrac- tor is damaged by the ~all~e or neglect of the Owne~ to put chase or maintain insurance as described above, without so notifyiag the Contractor, then the Owner shall bear all reasoa- ab{e costs proFedy attn~outable the~to. moats, the Cout~actor ~ pay costs not cove~ed because of $uoh deductibles. If the Owner or lro'utec increases the requtred Own~x eloas to purduse ~ inmrsnee with volrmtary deO~c- ~ble mounts, the Ov,~er fl~l be responsible for paymmt of the ~dditinoal co~ riot covered because of such tx:~ased ur 11.3.1.4 Unk~ Othc~,.~= provided i~ the Cou..x,~ Doru- me~u, ~ prupetW In.meance fa, bali covet pottioo$ of the Work stored off the site after wd~n approval of the Own~ at the walu¢ eam-blished In the approval, m,,d also portions of the Work in mnsit., 1 ¶.8.$ If during the Project comtmction period the Owner insur~ prope-mes, ~ or po~onal o~ both, adjoining or adja- c~mt to the site. ,.by,property lusuranc~, under polities separate from those insuring the Project, or If after final payment prop- ezty insurance is to be provided on the .completed ProjeCt through a policy or policies other than those insuring the Proj- ect during the co--on panled, the Owner shall waive all rights In accordance with the terms bf Subparagraph 11.3,7 for dama~m:a caused by fire or other perli$ coverlid by this separate prope~y Insurance. All separate polieie~ shall provide this waiver of liubrogadon by' endorsement or otherwise. 11.8.6 Befo~ an exposure to loss m~¥ o~c~, the Owner shall file with the Contractor a enpy ~ c~ch po~cy that lndude.~ insurance coverage* required by this Pan,graph ll,3.'lhch policy, shall contain all geoerally applicable conditions, ddinl- tlo~, exd~lom and endorse/halts ldated to this Project. Each policy shall contain a provision that the policy will not be ca~celied or allowed to expire until at least 30 day~' pdor 3vdt- ten notice has been given to the Contractor. 11.3.8 &k~ ~ m2~re~, ~ to ~ ~d~O~(~'~ ~ ~mll~r ! 1.3J0 The Owner as fiduciary sh~ have power to aclJustmd, settle a lus$ with Insurers unle~ one of the partie~ In Jlltefest r, hali object in ,~ridng within five days ffter occurrence ofloes to the OwneC~ exerc/s¢ of this power;, ff ~uch ob}ccdon, be made, a~b~m~s ~ be chos~ as provided in Paragraph 4.5., The Owner as f~indary shall, in.that ease, make settlement with hsurer$ l~ accordance with dlreqt/ous of such arbitrato~, If ~ wm emlrccz suCfl dis'tr/butlon. 11.3.11 ~ occupancy or u$~ in accordance with P~ph 9.9 ahall not commence until the lusmance co .rppan¥ or com- panie~ providing propaty insurance have cousented to tach pardal,occup~ or use by ~do~,ement or otherwt~. The Owne~ and tl/e Contractor shall take reasonable ste~ to ob!ain consent of the bmwance company Or eompanie$ and ~fiall, without mutual written consent, ~zke no action with re~p~t to pazthl occupancy or use that would c/rise cancellation, lapse or reduction of insurance. .. - 11.4.1 The Owner ~ have the right to require the Contrac- tor to fumith bonds covedag faithful pod~anance of the Con. uact and paymatt of obligations ~ de~-,,nder ~ ~Ipu- hted in bidding r~/uitemem~ or spedflcall¥ required in the Contrac/Docufitents on {he' date of execution of the Contract. 11.4.2 Upon the reque~ of any pason or entity appearing to be a potential benefichry of boads covering paymem o f obliga- ~ons azls~4~ under the Contract, the Contractor ~ fumLsh a copy of the bonds or ahall perm/t a copt robe made. ARTICLE 12 UflCOV~r-RING AND CORRECTION OF WORK 12.1 ~OYERIN~ (~ WOR~ 12.1.1 E a pottlpn of the Work is cm, c~:l contr~7 to the tbe Contract Doctunents, Jt must, if sequlred in waling by thc Archltccs., bc uncx>vcsed for thc Asehkca'a ob,secrafiun and bc rcphCed at thc Contctaor'$ Contract T~tc. 12.12 Ea pocdon o{*t~c Wodc lm bern covc~ed which thc bcing c0vered, the Ard~ect ira7 request to $cc tach Work and k d~l[ f~ m~ bT tt~ ~o~__, If such wod~ is in 12.2 OORREOTIOH OF WORK ' for commeacern~t 'of warranties estatil/~hed under Sub- parat~h 9.9.1, or b~ ~ of ~ ~ble to ~ not ~ ~r~ ~ ~e ~ of Om~ ~ pr~omly ~vm ~ ~m~or a ~ a~- Su~ ~pl~ by &e ~od of ~ obl~on ~d~ ~ 8ub~h 12,2.2 ~ ~ of ~e Wo~ m~ ~e ~n~ ~d ~n of ~. ~e O~ ~ ~e m~ nofl~ pm~dy liJJ ~e ~nmaor ~ ~ve ~m ~e sim ~ of of ~ ~ ~ md ~ nd~ ~ by ~e l~l.4 ~ ~e ~nm~ ~ to ~ mm~ Work ~ a~le ~ ~ ~ ~lt ~ mr- ~ ~n of ~ ~n~o~ Wo~ ~ a ~n- ~le ~e ~ by ~ ~ ~ ~e M~t~ ~e O~ of~o~d~ ~ ~ ~d ~ ~t ~e~ ~ ~n- ~or~ d~ ~ ~ ~t~t ~ ~h ~ ~or ~ ~y ~ ~ 122.8 Thc Contractor ~ bear the cost of eomx~ng desh'oyed ~ damaged comtructlon, vah. eflaer completed or ~ihlly comple0~, of ~e Owner or ~ comtacto~ · '~,,~d by ~he Conm~aor'~ ,~u~,;,.alon o~ *m~wal of Wolt 12-~6 No~b~ contzlncd hi ~ds P~.,~;i 12.2 ~21[ bc coo- tt~___~s ¢4~'~ms o0~ thru spedac~f m con~t ~he Wod~. ARTICLE 13 ~$C;tJ.N~EOUS 13.1 GOVERNING I.~.W 18.1.1 ~e ~n~a ~ ~ gov~ by ~e hw of ~e p~e flv~ to ~ o~ ~ h~o ~d to p~, su~,. ~ ~ a~ to ~ ~ ~ ~mt ~out ~ ~e ~ or mfl~ or W m Sffi~ of ~e ~on for ~ it ~ MtsO, or If d~v~ at or ~t by ~t~ or ~ 13.4 ~ ~ ~ ~t~~y~~. The Own~ shall bear such c~;ts e~cept as provided in Sub-' paragraph 13,5.3. t3~.$ If suchprocedu~e~ flat'tear.g, inspection or~pprowl unde~ Subparagraphs 13.5.1 and 13.5.2 re~eal failure of the pottlom of the Work to comply with zequlrement~ established by the Contract Documents, the Contractor ahall b~r all co~tz; made necessary by such failure including those of eepeatc'd l:/rocedurea and compensatlofl f~r the Architect's serrlce$ and' 18.$A Required certificates of testing, ~on or approval shall, unle~ othe~,vise required by the Contract Docun{ea~t~, be $4~urod by the Contractor and promptly delivered to the 15.~.$ If the Architext b to obsen'c te~, inspections or approw~l~ required by thc Contract Documents, thc Architect will do $o promptly and, wl~re practicable, at the normal place 15.~.6 Testa or Lqspectinm conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay ~n the Work. 13,6 IN'rF. RES? 13.6.1 Paymenta Ouc and unpaid undex thc Contract Docu- ments d~ll bear tntea~t from ~e date payment Is due at such thereof, at the legal rate prevalling from time to time at the place where the Project 1~ located. 13.7 CO~MEHCEllF. HT OF STAIUTORY I. IHffATION PERIOO 13.?.1 AS between ~he Owner and Contractor: .. to act o<:eurclng lXlO~ to the t'der~m date of Subsun- rial Completion, any applical~¢ $~ttute of limlta~on~ shall be deemed to have ao::med in my and all cwen¢~ .~ &lter Fhml {~l~m~ ~r Paltm~t. Aa to ~ta or fallore$ ~o act oecun~n~ s~e~ ~he tolerant d~e of I~u- ARTKM.E 14 TERMINAllON OR OF ~E 14.t ~A~H BY ~E ~0n 14.1.1 ~e ~n~r ~ ~te ~e ~n~ ff ~e Work ~ s~p~ ~r a ~ of 50 ~ ~ no ~ or h~t of fie ~n~r or a $u~n~r, ~n~t or t~ of ~e Woffi ~ ~n~ ~ ~e ~n~ctor, ~r my of~e f~o~ ~m: · 1 ~ of ~ o~ of n ~ug o/o~ pub~e nu~or- t~ ~ j~lonl .l ~ ~ of gorget, $u~ ~ a d~n of ~, m~g ~t~ ~bl~ ~ ~ ~ ~ ~ not ~ a ~te for Pa~t ~ ~ nor no~ ~e ~n~r of ~ ~h 9.4.1, 6r ~ ~e O~ ~ not ~ ~t on a ~Z for ~t ~ ~e ~ ~ M &e ~n~ ~; O~ ~ ~ ~ P~ 14.3 ~ ~ ~e ~te mo~ ~ 1 ~ ~t of ~e to~ n~- ~ of ~ ~ ~r ~k~n, or 120 ~ ~ ~.~O~~to~aor . ~ ~ ~ by $~p~h 2.2.1. ~t~ t~e ~ ~n~ ~d ~g ~ ~ O~ ~t ~ W~ ~lt~ ~ ~ pm~ ~ ~ ~ of ~ W~ ~ ~ ~ ~r ~ ~e tify su~ action, may without pr~Jucll~ to any other rights or m~m~es of the Owner md m'~er giving, the Contractor and the Contractor's surly,' lf'~ay, s~Pee~ daFs" wfltltm iiotl~, terml- m~t¢ emplo~nem of ~ Contractor and may, subject ~o uny pric~ ~ights of the surety: .1 take P°SSe~ion bf the sire'and'of'all materials, equip-'. m~nt, tools, and construction equlpn!ent and maehln- ~W thereon owned by thc Contractori . .~ accept assignment of.subcontracts pursmm, t. to Para- . graph 5.4; and .8 finish Ibc Worl~ by whatever reasonable method the Owner may deem expedient. 14.1,$ ~ lhe Owner tennln~es fl~¢ Contr~t for one of ~e s~asoas sm~l in 8ubp~,~,mph t4.2.1, lhe Conteactor slmll not be eqtl~led ~o receive fm~,.her payment un~l ~he Wo~ Is 14.~1' If ~ unpaid balanc~ of Oae 'Conteaa Sum exceeds costs of l~lsl~' Oae Work, tndudln~ comlxlm~n for the/achi- : tect's seswloes and expenses .made necessa~ ~he~oy, sud~ exoess sh~ be paid to the Contractor. If such oasts exceed ~e unpaid biflmce, Ihe C6qtractor shall pay Ihe dlffemace to the Owner. '1~.¢ mount to be paid to the CoatraCtor br OwI~, ~s the case nml' be, sh~ be ce~fled by the ,s~ upon app} eatlon, and lhls obligation for payment shall survive temllm- tlon ot:tl~ ezmteact. 1~2 .SU~... N aY 11/E OWflER " 14.~,1 The Owner my, without c~use, order ~h¢ Contr~ct~}l~. vaitln~ to suspend, deny or Inten-upt the Work In whole oi' in part for such period of time as the Owner may determine. 14.~ 2./m adjustment shall be marie'/or Increases in the cost of. pedormance of the Contract; including profit on the Inemu~d' cost of perrotmmce, mt/sS/by' suspens/on, dda¥ dr lmerrul~ tlon. No adjustment shall be made W the e~ten6 .1 that pel'fo~ Is, was or would have been soSU'~ pendcd, delayed or intenupted by another muse.for which th~ Contractor is.responsible; or .2 that an equitable ad~ustmeaat Is made or Oamled m3. der ano~he~ provlslon of this Contract. ~4.8.$ Adjtt, nments made In the cost of per, finance may have a mutually ~reed fixed 6r percentage fee. ,S. UPpLEMENTARY GENERAL CO, NDITIONS The following supplements modify, change, delete from or' add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE ~10 No Change ARTICLE 11 -INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 1t.1.1 ADD: ,7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractors obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish Insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Uab#ity $100,000. H-I .2 .3 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 EachOccurrence $ 1,000,000 Aggregate, Products and Completed Operations. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and COmpleted Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned pedod. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). Contractual Liability (Hold Harmless Coverage): Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, nbn*owned, hired): Bodily. Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: H-2 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (dollars) (Owner/Contracting Agency) and its successors and assigns and administratom, of and from any and all manner of action and actions, cause'and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controvemles, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoevefin law and equity, which against the said ' Agency) , and JAMES A. RICHTER, R~., nowhave orwhich helm, executom, radmlnfstratom hereafter can, shall, or may have, for upon or by mason of any matter, 'cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: or supplements thereto. ,20__ and any admittance IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by Its.. hereto afro(ed and duly attested by and ~its corporate seal to be its this day of Attest: Principal: I-t PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION Laurel Lake Preserve 5145 Route 25 Mattituck, NY 11952 (Annex Dept. of Labor Wage Rate Information Here) J-I NYSDOL - Prevailing Wages (View PRC) Page 1 of 1 Unemployment Career Business Benefits Services Services PRC#: 2008007811 Type of Contracting Agency: Town Workforce NY Workfo~ce & Worker Forms and Partners Industry Data Protection Publication~ Orinina~ Waae Schedule · ~ubn3it Notice Of Award . ~Ubmit Notice Of Proj~ Acceptance Status: Accepted Article 8 Contracting Agency Town of Southold James McMahon Director, DPW PO Box 1179 Southold NY 1 t971 (631) 765-1283 (63t) 765- 9015 Fax ames. McMah0n@town.South old. NY.U S Send Reply To Project Information Project Title Laurel Lake Preserve Description of Work Demolition and removal of wooden buildings, concrete block buildings, asphalt & concrete pa~ debris Contract Id No. Project Locations(s) Laurel Lake Preserve Route No / Street Address 5145 Route 25 Village I City Mattituck Town State/Zip NY 11952 Nature of Project Demolition Approximata Bid Date 09/25~2008 Checked Occupation(s) Construction (Building, Heavy & Highway, Sewer, Water, Tunnel) Applicable Counties Suffolk David A. Paterson, Governor Town of Southold James MeMahon, Director, DPW PO Box 1179 Southold NY 11971 M. Patricia Smith, Commissioner Schedule Year 2008through 2009 Date Requested 09/22/2008 PRC# 2008007811 Location Project ID~ Project Type Laurel Lake Preserve Demolition and removal of wooden buildings, concrete block buildings, asphalt & concrete pads, misc. debds PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2008 through June 2009. All updates, corrections, posted on the 1 st business day of each month, and future copies of the annual determination are available on the Depadment's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for thisproject, when it is advertised for bids and/or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name & Title of Representative: Phone: (518) 457-5589 Fax: (518)485.1870 W. Avemll Harriman State Office Campus, Bldg, 12, Room 130, Albany, NY 12240 www.labor.stete.ny.us. PW 200 PWAsk@labor.state.ny.us General Provisions of Laws Covering Workers on Article 8 Public Work Contracts Introduction The Labor Law requires public work contractors and subcontractors to pay laborers, workers, or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and supplements (fdnge benefits) in the locality where the work is performed. Responsibilities of the Department of Jurisdiction A Department of Jurisdiction (Contracting Agency) includes a state department, agency, board or commission: a county, .city, town or village; a school district, board of education or board of ceeperat ve educational services; a sewer, water, fire, ~mprovement and other district corporation; a public benefit corporation; and a public authority awarding a public work contract. The Department of Jurisdiction (Contracting Agency) awarding a public work contract MUST obtain a Prevailing Rate Schedule listing the hourly rates of wages and supplements due the workers to be employed on a public work project. This schedule may be obtained by completing and forwarding a "Request for wage and Supplement Information" form (PW 39) to the Bureau of Public Work. The Prevailing Rate Schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract. Upon the awarding of the contract, the law requires that the Department of Jurisdiction (Contracting Agency) furnish the following information to the Bureau: the name and address of the contractor, the date the contract was let and the approximate dollar value of the contract, To facilitate compliance with this provision of the Labor Law, a copy of the Department's "Notice of Contract Award" form (PW 16) is provided with the original Prevailing Rate Schedule. The Department of Jurisdiction (Contracting Agency) is required to notify the Bureau of the completion or cancellation of any public work project. The Department's PW 200 form is provided for that purpose. Hours No laborer, worker, or mechanic in the employ of a contractor or subcontractor engaged in the performance of any public work project shall be permitted to work more than eight hours in any day or more than five days in any week except in cases of extraordinary emergency. The contractor and the Department of Jurlsd ct on (Contracting Agency) may apply to the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular public work project. Wages and Supplements The wages and supplements to be paid and/or provided to laborers, workers and mechan ca employed on a public work project shall be not less than those listed n the current Prevailing Rate Schedule for the locality where the work is performed. If a prime contractor on a public work project has not been provided with a Prevailing Rate Schedule, the contractor must notify the Department of Jurisdiction (Contracting Agency) who in turn must request an original Prevailing Rate Schedule form the Bureau of Public Work. Requests may be submitted by: mail to NYSDOL, Bureau of Public Work State Office Bldg. Campus, Bldg. 12, Rm. 130 Albany, NY 12240; Fax to Bureau of Pub c Work (518) 485-1870; or e~ecb'onicalfy at the NYSDOL webstie www.labor.state.ny.us. Upon receiving the original schedule the Department of Jurisdiction (Contracting Agency) is REQUIRED to provide complete copies to all prime contractors who in turn MUST by law, provide copies of all applicable county schedules to each subcontractor and obta n from each subcontractor, an affidavit certifying such schedules were received. If the original schedule explred, the contractor may obtain a copy of the new annual determination from the NYSDOL website www.labor.stete.ny, us. The Comreisslener of Labor makes an annual determination of the prevailing rates, This determination is in effect from July 1st through June 30th of the following year. The annual determination is available on the NYSDOL websile www.labor.state.ny, us. Payrolls and Payroll Records Every con. tractor and subcontractor MUST keep original payro s or transcripts subscribed and affirmed as true under penalty o~ perjury. Payrolls must be maintained for at least three (3) years from the project's date of completion. At a ~mlnlm.u. rn, pa~/rolls_.must..sho.w ~e. f. oll .o~'l. ng I.nforma. tlon for each. person employed on a public work project: Name, Social ~c¥ .my nu .re_Der.., [;les.srnca.uon[s~ l.n wn .17~. me worker was em. ployed, Hou~y wage rate(s) paid, Supplements paid or proviae, aha ua~ly ana weelay numoer or hOUrs worked In each classification. nmer~ ,l?_~.or and .s,u..b?n,tractor..shall. submlt..to..the._D..ep, artm.e, nt of J..urisdi.ction (Contracting Agency), within thirty (30) ~ua?ce oT ~ nm[ pay. roil.an a.eve~._m~r t~ [;~u).aays. m~..raa..~e..r,..a ~ranscltpt of the original payrolls, subscribed a.m. rmea.as aue .unaer penalty or pequry. I ne Uepanmem ot dudsdK=on (Contracting Agency) shall receive and ma nm~n such payro s. In addition, the Commissioner of Labor may require contractors to furnish, with ten (10) days of a request, payroll records sworn to as their validity and accuracy for public work and private work. Payroll records inb ude by are not mired to time cards work description sheets, proof that supplements were prov ded, cancelled payroll checks and payrolls. Failure to provide the requested informal~on within the allotted ten (10) days will result in the withholding of up to 25% of the contract, not to exceed $100,000.00. If the contractor or subcontractor does not maintain a place of business in New York State and the amount of the contract exceeds $25,000.00, payroll records and certifications must be kept on the project worksite. The prime contractor is responsible for any underpayments of prevailing wages or supplements by any subcontractor. All contractors or their subcontractors shal prov de to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contract as well as any subsequently ssued schedules. A failure to provide these schedules by a contractor or subcontractor s a violation of Article 8, Section 220-a of the Labor Law. All subcontractors engaged by a public work project contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules, shall provide to such contractor a verified statement attesting that the subcontractor has received the Prevailing Rate Schedule and will pay or provide the applicable rates of wages and supplements specified therein. (See NYS Labor Laws, Article 8. Section 220-a). Determination of Prevailing Wage and Supplement Rate Updates Applicable to All Counties The wages and supplements contained in the annual determination become effective July 1st whether or not the new determ!nation has been received by a given con!?ctor. Cam should be taken to review the rates for obvious er corr. ect,?ns, should..be brought to the Depa .r?nent s a~enfion immediately. It is the responsibility of the nublic worr~rs' Any contraczor [o use the proper rates. If there ~s a question on the proper classification to be usec~, ple-e~se~_.~ll the district office located nearest the project. Any errors in the annual determination will be corrected and posted to the NYSDOL website on the first business day of each month Contractors are responsible for paying these updated rates as well, retroactive to July 1st. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. To the extent possible, the Department posts rates in its possession that cover pedods of time beyond the July 1st to June 30th time frame covered by a particular annual determination. Rates that extend beyond that instant time pedod are informational ONLY and may be updated in future annual determinations that actually cover the then appropriate July 1st to June 30th time period. Withholding of Payments When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract shall be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b of the Labor Law to so notify the financial officer of the Department of Jurisdiction (Contracting Agency) that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount Indicated by the Bureau as sufficient to satisfy the unpaid wages and supplements, including interest and an}/civil penalty that may be assessed by the Commiss oner of Labor. The withholding continues until there is a final determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding is instituted for review of the determination of the Commissioner of Labor. The Department of Judsdtcfion (Contracting Agency) shall comply with this order of the Commissioner of Labor or of the court with respect to the release of the funds so withheld. Summary of Notice Posting Requirements The current Prevailing Rate Schedule must be posted in a prominent and accessible place on the site of the public work projecL The prevailing wage schedule must be encased in, or conslmcted of, materials capable of withstanding adverse weather conditions and be titled "PREVAILING RATE OF WAGES" in lettem no smaller than two (2) Inches by two (2) Inches. Every employer providing workers, compensation Insurance and disabll~y benefits must post notices of such coverage In the format prescribed by the Workers. Compensation Board in a conspicuous place on the jobslte. eEl~o~_m~l~y,_e_r,_s,ub] _ect ~ the N~'..S H.uma..n. Ri~l.hts ..Law .m.ust_,co.r?picuously post at its offices places of emplo ent. or ymem ua~mng centers, nottces rdmlsnea Dy lne State u vision of Human Rights. ym . Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the Jobsite notices furnished by the NYS Department of Labor. Apprentices Employees cannot be paid apprentice rates unless they are individually rag stared in a program registered with the NYS Commissioner of Labor. The allowable ratio of apprentices to joumeyworkers in any craft classlficat on can be no rearer than the statewide build ng trade ratios promulgated by the Department of Labor and inc uded with the Preva~lm Rgart Schedule. An employee listed on a payroll as an apprentice who ' ' - - " e ~e c!ass!~cat!on of work for which the apprentice is ~.~-* ..... ~s n.o,~ reg,.s!erea as above or is performina worgk the c,asslrlcahon of work the employee is actually pe~;~}~,u' ,nus[ ce paia the prevailing Journeyworker'~wag~ NYSDOL Labor Law, Article 8, Section 220-3, require that only apprentices indiv dually registered with the NYS Department of Labor may be paid apprenticeship rates on a pub c work project. No other Federal or State Agency of office registers apprentices in New York State. Persons wishing to varig, the apprentice registration of any person must do so in writing by mail, to the NYSDOL Office of Employability Development / Apprent ceship Training, State Office Bldg. Campus, Bldg. 12, Albany, NY 12240 or b Fax to NYSDOL Apprenticeship Training (518) 457-7154 All requests for verification must include the name and s Y secunty number of the person for whom the information is requested, ocial The only conclusive proof of individual apprentice registration is written verification from the NYSDOL Apprenticeship Training Albany Centra office. Neither Federal nor State Apprenticeship Training offices outside of Albany can provide conclusive registration information. It should be noted that the existence of a registered apprenticesh p program is not conclusive proof that any person is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards, or copies of state forms is not conclusive proof of the registration of any person as an apprentice. Interest and Penalties In the event that an underpayment of wages and/or supplements is found: - Interest shall be assessed at the rate then in effect as prescribed by the Superintendent of Banks pursuant to section 14-a of the Banking Law, per annum from the d~e of underpayment to the date restitation is made. Debt ArC, ii, il Penalty may also be assessed, not to exceed 25~of the total of wages, supplements, and interest due. Any contractor or subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded any public work contract or subcontract with any state, municipal corporation or public body for a period of five (5) years when: - Two (2) willful determinations have been rendered against that contractor or subcontractor and/or Its successor within any consecutive six (6) year period. - sTuhper~ ~el~eannfYs.Willful determination that involves the falsification of payroll records or the kickback of wagee or Criminal Sanctions Willful violations of (he Prevailing Wage Law (Article 8 and Article 9 of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment, or both. Discrimination No employee or app icant for employment may be discriminated against on account of age, race, creed, color, origin, sex, disability or marital status, national No contractor, subcontractor nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or national origin discr m nata aga net any citizen of the State of N~w to which the employment relates (NYS Labor Law, Atticle 8, SectionY~r~0~(~' qualified and available to perform the work aN.n°yC~el~oC~y~ oSnUba(~c~tu~C, to.r, nor any pa?on acting on ~ts behalf, shall In an manner, d' ' · e( ~ t Y unt o! race, creeo color, d sabll' , sex or ha' n~ nn,~Y~,, ~.~w,, I?~.minata a.gainst or intimidate ,b, ,. it,/ tlc ......,,,, ~,,, o Lacor Law, Article 8, Se~on 220- The Human Rights Law also prehlblts discrimination in employment because of age, marital status, or religion. T .h~re.ma~, be.deducted from the amount payable to the contractor under the contract a ~{,e,n.?,ar (3ay (3unng which such person was discrl,~=,,o,~- ............... penalty of $50.00 for each ~,~ ~r ~ Labor Law, Article 8, Section 220-e(c) ). of the provision of the contract The contract may be cancelled or terminated by the State or municipality. All monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of the anti-discrimination sections of the contract (NYS Labor Law, Article 8, Section 220-e(d) ). Every employer subject to the New York State Human Rights Law must conspicuously post at its offices, places of employment, or employment training centers notices furnished by the State Division of Human Rights. Workers' Compensation in accordance with Section 142 of the State Finance Law, the contractor shall maintain coverage during the life of the contract for the benefit of such employees as required by the provisions of the New York State Workers' Compensation Law. A contractor who is awarded a public work contract must provide proof of workers' compensation coverage prior to being allowed to begin work. The insurance policy must be issued by a company authorized to provide workers' compensation coverage in New York State. Proof of coverage must be on form C-105.2 (Certificate of Workers' Compensation Insurance) and must name this agency as a certificate holder. If New York State coverage is added to an existing out-of-state policy, it can only be added to a policy from a company authorized to write workers' compensation coverage in this state. The coverage must be listed under item 3A of the information page. The contractor must maintain proof that subcontractors doing work covered under this contract secured and maintained a workers' compensation policy for all employees working in New York State. Every employer providing worker's compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers' Compensation Board in a conspicuous place on the jobsite. Unemployment Insurance Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the New York State Department of Labor. David A, Paterson, Governor M. Pa~cia Sm[th, Commissioner Town of Southold Schedule Year 2008 through 2009 James McMahon, Director, DPW Date Requested 09/2222008 PO Box 1179 PRC# 2008007811 Southold NY 11971 Location Laurel Lake Preserve Project ID# Project Type Demolition and removal of wooden buildings, concrete block buildings, asphalt & concrete pads, misc. debris Notice of Contract Award New York State Labor Law, Article 8, Section 220.3a requires that certain information regarding the awarding of public work contracts, be furnished to the Commissioner of Labor. One "Notice of Contract Award" (PW 16, which may be photocopied), MUST be completed for EACH prime contractor on the above referenced project. Upon notifying the successful bidder(s) of this contract, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. Contractor Information All information must be supplied Federal Employer Identification Number: Name: Address: City: Amount of Contract: Approximate Starting Date: Approximate Completion Date: State: Zip: Con~actType: [ ] (01) General Construction [ ] (02) Heating/Ventilation [ ] (03) Electrical [ ] (04) Plumbing [ ] (05) Other ,: Phone (518)457-5589 Fax: (518)485-1870 W. Averell Hardman State Office Campus, Bldg, 12, Room 130, Albany, NY 12240 www.labor.stata,ny.us. PW t 6 PWAsk~labor.state,ny~us To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND Budget Policy & Reporting Manual B-610 Public Work Enforcement Fund effective date December 7, 2005 1. Purpose and Scope: This Item describes the Public Work Enforcement Fund (the Fund, PWEF) and its relevance to State agencies and public benefit corporations engaged in construction or reconstruction contracts, and announces the recently-enacted increase to the percentage of the dollar value of such contracts that must be deposited into the Fund. This item also describes the roles of the following entities with respect to the Fund: New York State Department of Labor (DOL), The Office of the State of Comptroller (OSC), and State agencies and public benefit corporations. 2. Background and Statutory References: DOL uses the Fund to enfome the State's Labor Law as it relates to contracts for construction or reconstruction as defined in subdivision two of Section 220 of the Labor Law. State agencies and public benefit corporations participating in such contracts are required to make payments to the Fund. Chapter 511 of the Laws of 1995 (as amended by Chapter 513 of the Laws of 1997, Chapter 655 of the Laws of 1999, Chapter 376 of the Laws of 2003 and Chapter 407 of the Laws of 2005) established the Fund. 3. Procedures and Agency Responsibilities: The Fund is supported by transfers and deposits based on the value of contracts for construction and reconstruction, as defined in subdivision two of Section 220 of the Labor Law, into which all State agencies and public benefit corporations enter. Chapter 407 of the Laws of 2005 increased the amount required to be provided to this fund to. 10.of one-percent of the total cost of each such contract, to be calculated at the time agenctes or public benefit corporations enter into a new contract or if a con~ract is amended. The provisions of this bill became effective August 2, 2005. To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND OSC will report to DOL on all construction-related ("D") contracts approved during the month, including contract amendments, and then DOL will bill agencies the appropriate assessment monthly. An agency may then make a determination if any of the billed contracts are exempt and so note on the bill submitted back to DOL. For any instance where an agency is unsure ifa contract is or is not exempt, they can call the Bureau of Public Work at the number noted below for a determination. Payment by check or journal voucher is due to DOL within thirty days from the date of the billing. DOL will verify the amounts and forward them to OSC for processing. For those contracts which are not approved or administered by the Comptroller, monthly reports and payments for deposit into the Public Work Enforcement Fund must be provided to the Administrative Finance Bureau at the DOL within 30 days of the end of each month or on a payment schedule mutually agreed upon with DOL. Reports should contain the following information: Name and billing address of State agency or public benefit corporation; State agency or public benefit corporation contact and phone number; Name and address of contractor receiving the award; Contract number and effective dates; Contract amount and PWEF assessment charge (if contract amount has been amended, reflect increase or decrease to original contract and the adjustment in the PWEF charge); and Brief description of the work to be performed under each contract. Checks and $oumal Vouchers, payable to the "New York State Department of Labor" should be sent to: Department of Labor Administrative Finance Bureau-PWEF Unit Building 12, Room 464 State Office Campus Albany, NY 12240 Any questions regarding billing should be directed to NYSDOL's Administrative Finance Burean-PWEF Unit at (518) 457-3624 and any questions regarding Public Work Contracts should be directed to the Bureau of Public Work at (518) 457-5589. NEW LEGISLATION Effective February 24, 2008 WORKER NOTIFICATION- A9052 - S6240 This provision is an addition to the existing prevailing wage rate law, Labor Law §220, paragraph a of subdivision 3-a. It requires contractors and subcontractors to provide written notice to all laborers, workers or mechanics of the prevailing wage rate for their particular job classification on eachpay stub*. It also requires contractors and subcontractors to post a notice at the beginning of the performance of every public work contract on eachjob site that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers or mechanics of their right to contact the Department of Labor if he/she is not receiving the proper prevailing rate of wages and/or supplements for his/her particular job classification. The required notification will be provided with each wage schedule, may be downloaded from our website www. labor, state, n¥.us or made available upon request by contacting the Bureau of Public Work at 518-457-5589. * In the event that the required information will not fit on the pay stub, an accompanying sheet or attachment of the information will suffice. THIS IS A PUBLIC WORK PROJECT Chapter 629 of the Labor Laws of 2007 Contractor Name: Any worker, laborer, or mechanic employed on this project is entitled to receive the prevailing wage and supplements rate for the classification at which he/she is working. These wages are set by law and must be posted at the work site. They can also be found at www. labor, state, n¥.us If you feel that you have not received proper wages or benefits, please call our nearest office. * Albany (518) 457-2744 Newburgh Binghamton (607) 721-8005 Patchogue Buffalo (716) 847-7159 Rochester Garden City (516) 228-3915 Syracuse New York City (212) 775-3568 Utica White Plains (845) 568-5398 (631) 687-4886 (585) 258-4505 (315) 428-4056 (315) 793-2314 (914) 997-9507 * For New York City government agency construction projects, please contact the Office of the NYC Comptroller at (212) 669-4443, www. comptroller, nyc.gov- click on Bureau of Labor Law. Project Location: STATE OF NEW YORK David A. Paterson, Governor DEPARTMENT OF LABOR M. Patricia Smith, Commissioner NEW LEGISLATION Effective July 18, 2008 OSHA 10-hour Construction Safety and Health Course- S1537-A This provision is an addition to the existing prevailing wage rate law, Labor Law §220, section 220-h. It requires that on all public work projects of at least $250,000.00, all laborers, workers and mechanics working on the site, be certified as having successfully completed the OSHA 10-hour construction safety and health course. It further requires that the advertised bids and contracts for every public work contract of at least $250,000.00, contain a provision of this requirement. NOTE: The OSHA 10 Legislation does not apply to projects advertised for bid prior to July 18, 2008 AND only applies to workers on a public work project that are required under Article 8 to receive the prevailing wage. Rules and regulations will be promulgated and posted on the NYSDOL website www.labor.state.ny.tts when finalized. Page 1 of I Where to find OSHA 10-hour Construction Course 1. OSHA Training Institute Education Centers: Rochester Institute of Technology OSHA Education Center Rochester, NY Donna Winter Fax (585) 475-6292 E-mail: dlwtpo~rit.edu (866) 385-7470 Ext. 2919 www.rit.edu/-outreach/course.php3 ?CourselD=54 Atlantic OSHA Training Center UMDNJ- School of Public Health Piscataway, NJ Janet Crooks Fax (732) 235-9460 E-mail: croolcs~ (732) 235-9455 httvs://oohp.umdnj.edu/wconnect/ShowSchedule, awp?~---GROUP-AOTCON_lO Keene State College Manchester, NH Leslie Singleton E-mail: ~keene.edu. (800) 449-4742 www.keene.edu/courses/pfint/courses osha.cfm 2. List of trainers and training schedules for OSHA outreach training at: www.OutreachTrainers.org 3. NYS Depamncnt of Labor website for scheduled outreach training at: www.labor, state.nv.us/workerorotecfion/safetvhealth/DOSH ONSITE CONSULTATION,sh~, Page 2 of 2 Requirements for OSHA 10 Compliance Chapter 282 of the Laws of 2007, codified as Labor Law 220-h will take effect on July 18, 2008. The statute provides as follows: The advertised specifications for every contract for public work of $250,000.00 or more must contain a provision requiring that every worker employed in the performance of a public work contract shall be certified as having completed an OSHA 10 safety training course. The clear intent of this provision is to require that all employees of public work contractors receive such training "prior to the performing any work on the project." The Bureau will enforce the statute as follows: All contractors and sub contractors must attach a copy of proof of completion of the OSHA 10 course to the first certified payroll submitted to the contracting agency and on each succeeding payroll where any new or additional employee .is first listed. Proof of completion may include but is not limited to: * copies of bona fide course completion card; training roster, attendance record of other documentation fi.om the certified trainer pending the issuance of the card. · other valid proof **A certification by the employer attesting that all employees have completed such course is not sufficient proof that the course has been completed. Any questions regarding this statute may be directed to the New York State Department of Labor, Bureau of Public Work at 518-485-5696. Page 1 of 1 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Sap 01 2008 PRC Number 2008007811 Introduction to the Prevailing Rate Schedule Information About Prevailing Rate Schedule This information is provided to assist you in the interpretation of padicular requirements for each classification of worker contained in the attached Schedule of Prevailing Rates. Classification It is the duty of the Commissioner of Labor to make the proper c assification of workers taking into account whether the work is heavy and highway building, sewer and water, tunne work, or residential, and to make a determination of wages and supplements to be paid or provided. It is the responsibilityof the public work contractor to use the proper rate. If there is a question on the proper classification to be used, please call the district office located nearest the pmjest. District office locations and phone numbers am listed below. Prevailing Wage Schedules are issued separately for "General Construction Projects" and "Residential Construction Projects" on a county- by-county basis. General Construction Rates apply to projects such as: Buildings, Heavy & H ghway, and Tunnel and Water & Sewer rates, Residential Construction Rates generally app y to construct on, reconstruction, repair, atterat[on, or demolition of one family, two family, row beus ng, or renta type units Intended for rea~dential use. Some rates listed in the Residential Construction Rate Schedule have a very limited apj[~licability listed along with the rate. Rates for occupations or locations not shown on the residential schedule must be obtained from [ne General Construction Rate Schedule. Please contact the lOCal Bureau of Public Work office before using Residential Rate Schedules, to ensure that the project meets the required criteria. Paid Holidays Paid Holidays are days for which an eligible employee receives a regular day's pa)', but s not required to perform work, If an employee works on a (Jay listac as a pald holiday, this remuneration is in addition to paymenrof the required prevailing rate for the work actuatiy performed. Overtime At a minimum, all work performed on a public work project In excess of eight hours in any one day or more than five days in any workweek is ove~me. However, the specific overfJr~e requirements for each trade or occupation on a public work project may differ. Specific overtime requirements for each trade or occupation are contained in the prevailing rate schedules. Over'dine holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee actually performs work cc such holidays. The applicable holidays are listed under HOLIDAYS; OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY secfion listings for each classification. Supplemental Benefits Partl,cular attention should be given to the supplemental benefit req.~Iremeats. Although in most cases the payment or provision of sugp!er~ents is for e. ach hour worked some classifications require me payment or provis on of supplements f6r each hour paid (including pala nohdays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. Effective Dates Whe..n yo.u.rav? I~,.e schedule for a .pa~cular _occu~paflon, your attention should be dirested to the dates above the column of rates. These am me aates ~or wrech a given set or rates is effective. The rate listed is valid until the next effective rate change or until the new annual d.etermlnation, which takes effect on July I of each year. All contractors and subcontractors are required to pay the current p~revailing rates ar wages ane supplements. If you have any questions please contact the Bureau of Public Work or visit the New York State Department of Labor webe#e (www.labor.stata.ny.us) for current wage rate irdormation. Apprentice Training Ratios The following are the allowable ratios of registered Apprentices to Joumey-workere. For exam,Die, the ratio 1 1,1 3 indicatea the allowable Initial ratio is one Apprentice to one Joumeywoyker. The Joumeywprker must be In place on me Project before an Api~rentice s allowed. Then three acldJtiona/Joumeyworkere are needed before a second Apprentice is allowed. The last ratio repeats indefinitely. Therefore, three more Joumeyworkers must be present before a third Apprentice can be hired, and so on. Please cell Apprentice Training Central Office at (518) 457-6820 If you have any questions. T'Jfle (Trede) Bo~lemmkar t:t,l:3 Mason 1:1,1:4 Cmpsoter 1:1,1:4 Elec~ (Outside) IJneman 1:1,1'.2 Electrician (Inelde) 1:1,1:3 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Elevator/Escalator Construction & Modernizer 1:1,1:2 Glazier 1:1,1:3 Insulation & Asbestos Worker 1:1,1:4 Iron Worker 1:1,1:6 Laborer 1:1,1:3 Op Engineer 1:1,1:5 Painter 1:1,1:3 Plumber & Steamfitter 1:1,1:3 Roofer 1:1,1:2 Sheet Metal Worker 1;1,1:3 Spdnlder Fitter 1:1,1:2 If you have any questions concerning the attached schedule or would like additional information, please contact the nearest BUREAU of PUBLIC WORK District Office or write to: New York State Depadmeat of Labor Bureau of Public Work State Office Campus, Bldg. 12 Albany, NY 12240 District Office Locations: Bureau of Public Work - Albany Bureau of Public Work - Binghamton Bureau of Public Work - Buffalo Bureau of Public Work - Garden City Bureau of Public Work - Newburgh Bureau of Public Work - New York City Bureau of Public Work - Patchogue Bureau of Public Work - Rochester Bureau of Public Work - Symcose Bureau of Public Work- Utica Bureau of Public Work - White Plains Bureau of Public Work- Central Office Telephone # 518-457-2744 607-721-8005 715-847-7159 516-228-3915 845-568-5287 212-775-3568 631~87-4883 585-258-4505 315-428-4056 3t5-793-2314 914-997-9507 518-457-5589 FAX # 518-485-0240 607-721-8004 716-847-7650 516-794-3518 845-568-5332 212-775-3579 631-687-4904 585-258-4708 315-428-4671 315-793-2514 914-997-9523 518-485-1870 Pege 18 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk County Suffolk County General Construction JOB DESCRIPTION Asbestos Worker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per hour: 07/01/2008 Abestos Worker Removal & Abatement Only* $28.00 NOTE: *On Mechanical Systems that am NOT to be SCRAPPED. SUPPLEMENTAL BENEFITS Abestos Worker Rernoval& Abatement Only $10.65 OVERTIME PAY See (B, B2, K) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE NOTE: Easter Paid at Time and One-half IF worked REGISTERED APPRENTICES Apprentice Removal & Abatement Only: 1000 hour terms at the following percentage of Journeyman's rates. 1st 2nd 3rd 4th 78% 80% 83% 89% DISTRICT 9 Supplemental Benefits: (per Hour worked) Apprentice Removal & Abatement Only $10,65 9-12a - Removal Only JOB DESCRIPTION Boilermaker DISTRICT 4 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester WAGES Per Hour: 07/01/2008 01/01/2009 12/31/2008 06/30/2009 Boilermaker $ 44.98 $ 45.89 Repalrs & Renovation $ 44.98 SUPPLEMENTAL BENEFITS Per Hour. 07/01/2008 12/31/2008 $ 45.89 01A)1/2009 06/30/2009 BoilerMaker 48% of Hourly 48% of Hourly Wage Paid + Wage Paid + $ 8.m $ 8.33 Repairs & Renovation* NOTE: "Houn'y Wage Palcl' shell Include any and all Femlum(s) pay. *Same as Bollmmaker (Includes replacement of pa~ and repalm & renovation of an existing unit). OVERTIME PAY See (D, O) on OVERTIME PAGE Page 19 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Sep 01 2008 Published by the New York State Department of Labor PRC Number 2008007811 Suffolk County HOLIDAY Paid: See (8, 16, 23, 24) on HOLIDAY PAGE Overtime: See (5, 6, 11, 12, 15, 25) on HOLIDAY PAGE NOTE: *Employee must work in pay week to receive Holiday Pay. **Boilarmarker gets 4 times the hourly wage rote for working on Labor Day. ***Repairs & Renovation see (B,E,Q) on HOLIDAY PAGE REGISTERED APPRENTICES (1/2) Year Terms at the following pecentage of Boilermaker's Wage 1 st 2nd 3rd 4th 5th 6th 7th 8th 65% 65% 70% 75% 80% 85% 90% 95% Supplemental Benefits Per Hou[ 07/01/2008 01/01/2009 12/31 ~2008 06/30/2009 Boilermaker 48% of Houdy 48% of Hoody Apprentice(s) Wage Paid + Wage Paid + $ 8.09 $ 8.33 Repairs & Renovation* Apprentice(s) $48% of Hourly Wage Paid + $ 8.09 NOTE: "Houdy Wage Paid" shall include any and all premium(s) pay. *includes replacement of pad~s and repairs & renovation of an existing unit. 4-5 -JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Westchestar PARTIAL COUNTIES Orange: South of but including the following, Waterloo Mills, SlateHill, New Hampton, Goshen, Blooming Grove, Mountainville, east to the Hudson River. Putnam: South of but including the following, Cold Spring, TompkinsComer, Mahopac, Croton Falls, east to Connecticut border. Suffolk: West of Port Jeffemon and Patchoque Road to Route 112 tothe Atlantic Ocean. WAGES Per hour. 07/01/2008 Core Drilling: Driller $ 29.56 Assistant Driller 24.59 Note: Hazardous Waste Pay Differential: For Level C, an additional 10% above wage rote per hour For Level B, an additional 10% above wage rate per hour For Level A, an additional 10% above wage rate per hour Note: When required to wod( on watac an additional $ 0.50 per hour. SUPPLEMENTAL BENEFITS Per hour paid: Driller $10.36 Assistant 10.36 OVERTIME PAY OVERTIME: HOLIDAY See (B,E,K*,P,R**) on OVERTIME PAGE. Page 20 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Sep 01 2008 Published by the New York State Department of Lsbor PRC Number 2008007811 Suffolk C0unt~ HOLIDAY: Paid: See (5,6) on HOLIDAY PAGE. Overtime: * See (5,6) on HOLIDAY PAGE. · * See (8,10,11,13) on HOLIDAY PAGE. Assistant: One (1) year increments at the following percentage of Assistant wages. This is not an apprenticeship for Ddller. 1st Year 2nd Year 3rd Year 4th Year 70% 80% 90% 100% 9-1536-CoreDriller ,JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchestsr WAGES Per Hour: 07/01/2008 Timberman $ 39.50 SUPPLEMENTAL BENEFITS Per hour paid: Timberman $ 38.14 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOUDAY Paid: Paid: for 1st & 2nd yr. Apprentices Overtime: REGISTERED APPRENTICES Wages per hour: ( 1 ) year terms: 1st 40% See (18,19) on HOLIDAY PAGE. See (5,6,11,13,16,18,19,25) See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. 2nd 3rd 4th 5O% 655 8O% Supplemental benefits per hour.' ApprenOces $ 25.14 9-1536 JOB DESCRIPTION Carpenter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour. Building Millv~ght SUPPLEMENTAL BENEFITS Per ~ paM: Mi~ght OVERTIME PAY ~ee (B, E, E2, Q) on OVERTIME PAGE 07/01~008 $43.69 $ 42.35 Page 21 DISTRICT 9 Prevailing Wage Rates for 07/01/2008 ~ 06/30/2009 Published by the New York State Department of Labor Last Published on Sep 0t 2008 PRC Number 2008007811 Suffolk Count~ HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprentices Overtime REGISTERED APPRENTICES Wages per hour: (1) year terms: 1st. $24.02 Supplemental benefits per hour: (1) year terms: 1st. $25.32 See (16,19) on HOLIDAY PAGE. See (5,6,11,13,16,18,19,25) See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. 2nd. 3rd. 4th. $28.39 $32.76 $41.50 2nd. 3rd. 4th. $28.07 $31.82 $36.36 9-740.1 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour:. 07/01/2008 Marine Canstmction: Marine Diver $ 54.63 M.D.Tender 39.18 SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 38.14 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOUDAY Paid: Paid: for 1st & 2nd yr. Apprentices REGISTERED APPRENTICES Wager per hour:. (t) year terms: 1st $17.23 See (18,19) on HOLIDAY PAGE. See (5,6,10,11,13,16,18,19) See (5,6,10,11,13,16,18,19) on HOEDAY PAGE. 2nd 3rd 4th $21.54 $28.00 $34.46 Supplemental benefits per hour:. Page 22 prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk County Apprentices $ 25.11 9-1455MC JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2008 Carpet/Resilient Floor Coverer $ 43.02 sUPPLEMENTAL BENEFITS Per hour paid: Floor Coverer $ 36.04 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprentices Overtime: See (18, 19)on HOLIDAY PAGE. See (5,6,11,13,16,18,19,25) See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wage per hour: (1) year terms: 1st. 2nd. 3rd. 4th. $17.21 $21.51 $27.96 $34.42 Supplemental benetits per hour: Apprentices $ 24.26 9-2287 JOB DESCRIPTION Caq~enter ENTIRE COUNTIES Bronx, K~ngs, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2008 Piledriver $ 43.08 Doc~bullder $ 43.08 DISTRICT 9 SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 36.04 Page 23 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published onSep 01 2008 PRC Number 2008007811 Suffolk County OVERTIME PAY See (B, E2, O) on OVERTIME PAGE HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprentices See (18,19)on HOLIDAY PAGE. See (5,6,11,13,16,18,19,25) Overtime: See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wages per hour: (1)year terms: 1st. 2nd. 3rd. 4th. $17,23 $21.54 $28.00 $34,46 Supplemental benefits per hour: Apprentices $ 23.10 9-1456 JOB DESCRIPTION Carpenter- Building / Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour. Building Carpenter Heavy Highway Carpenter SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 $ 36.63 $ 36.63 07/01/2007 Both Carpenter Categofles $ 30.62 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOEDAY Paid: See (18, 19) on HOLIDAY PAGE Overtime: See (5, 6, 16, 23, 24, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at the following pecentage of Joumeymans Wage 1 st 2nd 3rd 4th 4O% 55% 65% 75% Supplemental Benefits Per Hour: 07/01/~008 Ail Apprentice Terms $17.07 4-Reg. Councll Nass/Suff JOB DESCRIPTION Elecatclan ENTIRE COUNTIES Nassau, Suffolk WAGES Page 24 DISTRICT 4 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk Cour, ly Per Hour: Tree Tdmmer/ Line Clearance Specialist SUPPLEMENTAL BENEFITS Per Hour: Tree Tdmmer/ Line Clearance Specialist 07/01/2008- 01/01/2009 12/31/2008 $ 25,57 $ 26~46 07/01/2008- 01/01/2009 12/31/2008 19.0% of Houdy 20.5% of Hourly Wage Paid + Wage Paid + $ 5.33 $ 5.48 NOTE: "Houdy Wage Paid" shaft include any and all premium(s) pay OVERTIME PAY See (B, E, P) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 8, 16, 23, 24, 25, 26) on HOLIDAY PAGE NOTE: Time and One Half the Houdy Rate plus Holiday Pay if Worked 4-1049/Tree JOB DESCRIPTION Electrician DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: Telephone & Intergrated Tele- Data Sytems Electrician 07/01/~008 $ 31.80 "PLFJ~E NOTE" This rate classification applies to ALL Voice,Data & Video work.: Excluding Fire Alarm Systems and Energy Managment Systems (HVAC Controls), in those cases the regular Electrician rate applies. To ensure proper use of this rate please call the Garden City District Office at (516)228-3915. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Electrician 47.5% of Hourly Wage Paid + $ 3.go NOTE: "Houdy Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE 4-25tela JOB DESCRIPTION Electrician ENTIRE COUNTIES Nas~u, Suffolk WAGES Per Hour. Eleclrdan Elec~tcel Maintenance 07101/2008 Page 25 DISTRICT 4 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk County "PLEASE NOTE" Applicable to "EXISTING ELECTRICAL SYSTEMS" including, but not limited to TRAFFIC SIGNALS & STREET LIGHTING. Not used for addons. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Electrc[an 35.5% of Houdy Wage Paid + $ 5.28 NOTE: "Hourly Wage Paid" shall Include any and all premium(s) pay OVERTIME PAY See (S, E2, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Term(s) at the fo[lowing Percentage of Journeyman(s) Wage: 1st Yr 2nd Yr 3rd Yr 4th Yr 5th Yr 40% 50% 60% 70% 80% Supplemental Benefits per hour Apprentice(s) 35.5% of Houdy Wage Paid + $ 5.28 NOTE: "Houdy Wage Paid" shall include any and all premium(s) pay 4-25m JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008- 04/24/2009 04/25/2009 Electrician $ 44.75 $ 45.75 Fire Alarm $ 44.75 $ 45.75 HVAC Controls $ 44.75 $ 45.75 DISTRICT 4 PUMP & TANK WORK Elecfrclan $ 35.20 SUPPLEMENTAL BENEFITS Per Hour:. 07/01/2008- 04~4/200g 04/25/2009 Electrcian 28.0% of Hourly 16.0% of Hourly Wage Paid + Wage Paid + $16.31 $ 22.69 NOTE: "Hourly Wage Paid" shall include any and all premium(s) OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOUDAY Paid: See (1) on HOMDAY PAGE Page 26 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk County Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l ) Year Terms at the following Percetage of Journeyman(s) Wage 1 st 2nd 3rd 4th 5th 6th 35% 40% 45% 50% 60% 70% Supplemental Benefits per hour Apprentice(s) 1 st Term 2ndTerm 3rd Term 4th Term 5th Term 6th Term 15% of Houdy 3% of Houdy Wage Paid + Wage Paid + $ 2.36 $ 4.54 15% of Houfly 3% of Houdy Wage Paid + Wage Paid + $ 4.30 $ 6.79 28.0% of Hourly 16.0% of Hourly Wage Paid + Wage Paid + $ 7.34 $10.21 28.0% of Houdy 16.0% of Hourly Wage Paid + Wage Paid + $ 8.17 $11.35 28.0%of Hourly 16.0% of Hourly Wage Paid + Wage Paid + $ 9.78 $13.61 28.0% of Houdy 16.0% of Hourly Wage Paid + Wage Paid + $11.42 $15.88 NOTE: "Hourty Wage Paid" shall Include any and all premium(s) pay JOB DESCRIPTION Electrician Lineman ENTIRE COUNTIES Nassau, Suffolk WAGES For Utility Dis~buflon & Transmission Line Construction Per Hour. 07/01/2008 Unerean/Splicer $ 39.50 Marerlal Man 34.37 Heavy Equip. Operator 31.60 Groundman 32.70 Flagman 17.78 Undergrond Natural Gasline Mechanic (2" or Less) 07101/2008 Journeyman U.G.Mech. $ 31.81 SUPPLEMENTAL BENEFITS Per Hour:. Utility DIstdlxdton & Transmissloa Line Conslm~on 4-25 DISTRICT 4 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk County 07~1~008 ,NI Classifications 24% of Hourly Wage Paid + $ 6.40 Underground Natural Gas Mechanic 07/01/2008 Journeyman U.G.Mech. 12% of Houdy Wage Paid + $ 5.96 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, Q) on OVERTIME PAGE Use Codes (B,G,P} for Natural Gas Mechanic HOLIDAY Paid: See (5, 6, 8, 16, 23, 25, 26) on HOLIDAY PAGE Overtime: See (1) on HOLIDAY PAGE REGISTERED APPRENTICES 1000 hour Pedods at the following Percentage of Journeyman's Wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 60% 65% 70% 75% 80% 85% 90% 4-1049 Line/Gas JOB DESCRIPTION Elevator Constructor DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk PARTIAL COUNTIES Rockland: EntJro County except for the Township of Stony Potnt Westchester: Entire County except for the Townships of Bedford, Lewisboro, Corlland, Mt. Kisca, North Salem, Pound Ridge, Somera and Yorktown. WAGES Per hour. 07/01/2008 Elevator Const'uctor $ 48.19 Elevator Constructor Modem. & Service $ 38.46 SUPPLEMENTAL BENEFITS Per hour. 07/01/2008 Elevator Constructor $ 21.82 Modem./Servl~e $ 21.67 OVERTIME PAY Const~cter. See ( C, O ) on OVERTIME PAGE. Modem./Servlce See ( B, H ) ea OVERTIME PAGE. When a ssrvlce contrac~ mqutres two 8-.hour shifts, Mort-Sat, wonker assigned to each of the double shifts shall work 8 hours per day, 6 days per week for a total of 48 hours. Worker shall be paid for 52 hours at single rate. Any worker who works less than 48 hours shall have his Ixemium prorated. HOMDAY Paid: See (5, 6, 9, 11, 15, 16, 25) on HOMDAY PAGE Overtime: See (5, 6, 9, '11, 15, 16, 25) on HOLIDAY PAGE REGISTEEED APPRENTICES WAGES: Per Hour 07/01/2008 Page 28 Prevailing Wage Re[es for 07/01/2008 - 06/30/2009 Published by the New York State Depadment of I~bor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk Co~, dy One (1) year terms at the following rate Elevator Constructor 1st Term $ 21.66 2nd Term $ 26.51 3rd Term $ 31.32 4th Term $ 36.14 Modem./Service 1st Term $ 21,15 2nd Term $ 21.66 3rd Term $ 25.00 4th Term $ 28.85 Supplemental Benefits per hour paid: One (1) year term at the following dollar amount Elevator Cons~'uctor: 1st Term $18.18 2nd Term $18.55 3rd Term $19.28 4th Term $ 20.01 Modem/& Service: 1st Term $18.11 2nd Term $18.47 3rd Term $19.20 4th Term $19,9t 9-1 JOB DESCRIPTION Glazler DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester WAGES Per hcui~ 07/01/2008- 05/01/2009 04/30/2009 Glazier $ 45,05 Additional $ 3.40/hour Sceffofdlng $ 46.05 Additional $ 3.40/hour Repair & Maintenance: Glazier $ 25.85 Additional $1.25/hour Repair & Maintenance- ~l repair & maintenance work on a particular building, whenever perk)rmed, where the total cumulative contract value is under $100,000.00. SUPPLEMENTAL BENEFITS Per hour paid: Journeyman .... $ 22.84 Glazier Repair & Maintenance**: $12,79 OVERTIME PAY OVERTIME: See (C*,D*O) on OVERTIME PAGE. * Deontes If an opfiona{ 8th hour is required same will be at the regutar rate of pay. ff 9Ih hour Is werked f~on both hours er mom ( 8th a~l 9lb or more ) will be at the doubte time rate of pay, Page 29 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk C~unty ** For Repair & Maintenance see ( B,F, P) on overtime page. HOMDAY Paid: See (1 on HOLIDAY PAGE Ovedime: See (5, 6, 16, 25 on HOLIDAY PAGE The Following are paid holidays for the Repair & Maintenance Class: New Yearn day, Presidents day, Memodal day, Independents day, Labor day, Thanksgiving day, Day a~ter Thanksgiving, and Christmas day. REGISTERED APPRENTICES Wage per hour: (1) year terms at the following wage rates. 1st term... $15.25 40% of Journeymans wage 2nd term... $ 22.55 50% ............. 3rd term... $ 28.25 60% ............ 4th term... $ 36.05 80% ......... Supplemental Benefits: (Per hour worked) 1st term .... $10.57 2nd term .... $15.71 3rd term .... $17.13 4th term .... $19.99 JOB DESCRIPTION Insulator- Heat & Frost ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per hour: · 07/01~008 DISTRICT 9 9-1281 (DC9 NYC) Heat, Frost & Asbestos Insulator(s) $ 46,86 SUPPLEMENTAL BENEFITS Per Hour: Insulator(s) $ 27.11 OVERTIME PAY See (C, O, V) on OVERTIME PAGE HOEDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25, 26) on HOUDAY PAGE REGISTERED APPRENTICES Wages: /~pprentice Insulator(s) I year terms at the following percentage of ~umeyman's rates. 1st 2nd 3Id 4th 40% 60% 70% 80% Supplemental Benefits per hour. Apprentice Insulator(s) Same % as for Wage of Page 30 Prevailing Wage Rates for 07/01/2008 ~ 06/30/2009 Published by the New York Slate Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk County $27.11 9-12 JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Wages: (Per Hour) 07/01/2008 Structural ..... $ 38.65 Riggem ..... $ 38.65 Machine~/Movers ..... $ 38.65 Machinery Erectors ..... $ 38.65 DISTRICT 9 SUPPLEMENTAL BENEFITS Per Hour: Journeyman.. $ 51.00 OVERTIME PAY See (B*,E**,Q,V) on OVERTIME PAGE. * Time and one-half shall be paid for all work in excess of (8) eight hours at the end of a work day to a maximum of two hours on any regular work day (the ninth (9th) and tenth (lOth) houm of work)and double time shall be paid for all work thereafter. ** Ti me and one-half shall be pa~d for all work on Saturday up to e~ght (8 hours and double time sha be paid for all work thereafter. HOEDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 18, 19) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (Per Hour) Six (6) month terms at the following wage rate. 1 st 2nd 3rd 4th 5th 6th $20.42 21.02 21.02 21.62 21.62 21.62 Supplemental Benefits: (Per Hour) * Applies to all Apprentices. $ 36.00* 9-40/361-Str ,lOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New Yod(, Queens, Richmond, Surfak, Westcimster PARTIAl. COUNTIES Rockland: Southern Beckon WAGES Per hour, Relnfomlng & 07/01/2008 Page 31 DISTRICT 9 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Depadment of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk County Metal Lathing... $ 45.57 Shift Work: Off-hour shifts must begin after 3:30pm, and end before 7:00am Wage: $ 57.57 SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 30.96* * Only $19.50 of the total Supplemental Benefits Amount subject to time one half or double time as per overtime code "V"). OVERTIME PAY OVERTIME: See (A*,E*,Q,V) on OVERTIME PAGE. * All overtime in excess often (10)hours shall be paid at double wage. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 18, 19, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: (1) year terms at the following wage rates: 1st 2nd 3rd $ 26.90 $ 30.97 $ 35.50 Supplemental Beneffis per hour paid: 1st 2nd 3rd $ 23.33 $ 24.88 $ 25.93 9-46Reinf JOB DESCRIPTION Ironwod4er ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour. 07/01/2008 DISTRICT 9 Ornamental $ 39.15 Chain Link Fence $ 39.15 Guide Rail Installation $ 39.15 Shift Work: Minimum duration of 5 days. Monday thru Friday: When two or three shifts are employed, each shift shatl won~ 7 hour days and be paid for 101/2 bourn. ShEIs not completing the full 7 hours sha{I be paid 1 1/2 times the straight-time rate for the houm wonted. Saturday, Sunday, Holidays: When two or three shifts am employed, each shEt shall va3n~ 7 hour days and be paid for 15 3/4 bourn. Shifts not completing the full 7 houm shall be paid 2 '114 times the straight.time rate for the houm worked. SUPPLEMENTAL BENEFITS Per hour paid: o7/01/2o08 Page 32 Prevailing Wage Rates for 07/0t/2008 - 06/30/2009 Published by the New York State Depadment of Labor Last Published on Sap 01 2008 PRC Number 2008007811 Suffolk C0unt~ Journeyman: $ 38,32 OVERTIME PAY OVERTIME: See (A*,D1,E**,Q,V) on OVERTIME PAGE. Tim and one-half shall be pa d for all work In excess of seven 7 hours at the end of a work day to a maximum of two (2) hours on any regular work da (Sth & 9th hours of work) and double time shall be paid for all work thereafter. **Time and one-half shall be paid for all work on Saturday up to seven (7) hours and double time shall be paid for all work thereafter. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES 1 st term represents first 1-4 months, thereafter (1/2) year terms at the following percentage of Journeyman's wage. APPRENTICES: I st 2nd 3rd 4th 5th 6th 60% 65% 70% 80% 85% 95% Supplemental Benef'Ks per hour paid: 07/01/2008 1 st Term $ 23.92 2nd Term $ 25.72 3rd Term $ 27.52 4th Term $ 31.12 5th Term $ 32.92 6th Term $ 36.52 9-580-0r JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, K[ngs, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour:. 07/01/2008 Derrlckman/Rigger $ 48.00 SUPPLEMENTAL BENEFITS Journeyman $ 27.38 DISTRICT 9 OVERTIME PAY OVERTIME See (A*,D1,E**,Q,V) on OVERTIME PAGE. *Time and one-half shall be paid for all ~ In excess of seven (7) hours at the end of a work day to a maximum of two hours on any regular work day (the eighth (Sth) and ninth (9) hours of wonk) and doulfle time shall be paid for all wonk thereafter. **Time and one-half shall be paid for all work on Saturday up to seven (7) hours and double time shall be paid for all ~3¢k thereafter. HOLIDAY Paid: See (1) on HOMDAY PAGE Overtime: See (5, 6, 8, 10) on HOLIDAY PAGE HOUDAY: Paid: ........ See (1) on HOLIDAY PAGE. Overtime:....See (5*, 6', 8**, 24'", 25**) on HOLIDAY PAGE. *No work shall be perfo~'med on this day, except id cases of emergency. Such wod( shall be done at double time rata of pay. '*Double ~ne rata of pay. *m~Vork stol~ at schedule lunch break with full day's pa)'. REGISTERED APPRENTICES Page 33 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk County Wage per hour: (1/2) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 50% 70% 80% 90% 90% Supplemental benefits per hour paid: Registered Apprentice 1st year All others 50% of joomeyman's rate 75% of journeyman's rate 9-197D/R JOB DESCRIPTION Laborer- Building DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/0t/2008 Building Laborer $ 28.75 Asbestos Abatement Worker (Re-Roofing see Roofer) $ 29.00 SUPPLEMENTAL BENEFITS Per Hour. 07/01/2008 Building Laborer $ 23.42 Asbestos Worker $11.10 OVERTIME PAY See (A, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Ore.me: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Regular Hours Work Terms (Not Available for Abatment Work) TERM #1 1 hr to 1000hrs TERM #2 lO01hrs to 2000hrs TERM #3 2001hm to 3000hrs TERM #4 3001hre to 4000hrs Wages per I'~ur:. APPRENTICES (Not Allowed on Abatment Work) TERM #1 $16.00 TERM #2 18,75 TERM #3 21-25 TERM #4 24.00 Supplemental Benefits per hour. APPRENTICES TERM #1 $11.83 TERM ~ 13,33 TERM #3 14.11 TERM #4 14.61 Page 34 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Depa~nent of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk Ceur,[y JOB DESCRIPTION Laborer- Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Laborer (Heavy/Highway): GROUP # 1: Asphalt Rakers and Formsetlers. DISTRICT 4 GROUP # 2: Asphalt Shovelers, Roller Boys and Tampers. GROUP # 3: Basic Laborer, Power Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete, Traffic Control Personnel. WAGES PER HOUR: 07/01/2008 GROUP # 1 $ 32.71 GROUP # 2 $ 31.80 GROUP # 3 $ 29.05 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 ALL GROUPS $ 22.83 After Fody (40)paid Hours in a work Week $14.62 OVERTIME PAY See (B, E2, F) on OVERTIME PAGE NOTE: Premium Pay of 25% of wage for alt Straight time houm on all New York State D.O.T. and other Goverment Mandated Off-Sh~ Work NOTE: HOLIDAY Paid: Overtime: Hazardous Matedal Work add an Additional 10% of Hourty Rate See (1) on HOLIDAY PAGE See (1) on HOLIDAY PAGE REGISTERED APPRENTICES One (1) Year Terms at the following Pecentage of the Journeyman% Wage 1st 2nd 80% 90% Supplemental Benefits per hour. APPRENTICES $ 22.83 Alter Forty (40)pald Hours In a work Week $14.62 4-1298 JOB DESCRIPTION Mason ENTIEE COUNTIES Bronx, Kings, Nassau, NewY~ Queens, Richmond, Suffolk WAGES Per Houc IMci</B[od~layer SUPPLEMENTAL BENEFITS Pm*Hour: 07/01/2008 $44.~ 07/01/2008 DISTRICT 9 Page 35 Prevailing Wage Rates for 07/01/2008 - 06/3012009 Published by the New York State Department of Labor Last Published oaSep01 2008 PRC Number2008007811 SuffolkC0unty BricldBIock Layer $ 20.61 OVERTIME PAY See (A, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES (750 Hour) Terms at the following Wage rate per hour 1st 2nd 3rd 4th 5th 6th 500hrs 500hrs $21.76 $25.79 $29.82 $33.86 $37.89 $39.91 Supplemental Benefits per hour: A~I Apprentices $11.38 9-1Brk JOB DESCRIPTION Mason ~ Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rock[and, Suffolk, Westchester WAGES Per hour:. 07/01/2008 12/01/2008 Building: Tile Finisher $ 36.77 $ 37.68 SUPPLEMENTAL BENEFITS Journeyman $ 20.65 $ 21.40 OVERTIME PAY See (A, E, Q) on OVERTIME PAGE HOEDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 10, 11, 15, 16} on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (per hour pa~d) ( 750 hour ) terms at the following percentages of journeyman's wage. I st 2nd 3rd 4t~ 5th 6th 7th 8th 50% 55% 65% 70% 75% 85% 90% 95% Supplemental Benefits: (per hour paid) (750) hour ten'ns at the following percentages of journeyman's wage: Apprentices. 1st 2nd 3rd 4th 5th 6th 7th 8th 50% 55% 65% 70% 75% 85% 90% 95% JOB DESCRIPTION Mason - Building ENTIRE COUNTIES Bronx, Kings, Nassau, New Yod(, Queens, Richrno~d, Suffolk, W~er WAGES Per houc 07101/2008 DISTRICT 9 01101/2009 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk C0unl7 Building:Marble Restoration Marble, Stone, etc & Polisher $ 36.36 $ 36,26 Marble, Stone, etc Finishers $18.91 $18.94 SUPPLEMENTAL BENEFITS Journeyman: 07/01/2008 01/01/2009 Polisher $19.20 $19.80 Finisher $ 9.50 $10.47 OVERTIME PAY See (A, E, Q, V) on OVERTIME PAGE HOLIDAY Paid: See (*5, 6, 11, 15) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15) on HOLIDAY PAGE * Journeymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance and 1 ST three terms of Apprentices see ( 5, 6, 11, 15 )on HOLIDAY PAGE. All others See ( 1 ) on HOLIDAY PAGE. REGISTERED APPRENTICES Wages: (per hour worked) Polisher: 900 hour terms at the following percentage of Journeyman's wage. Term: 1 st 2nd 3rd 4th Hours: 1- 901- 1801- 2701- 900 1800 2700 3600 70% 80% 90% 100% Finisher` 750 hour terms at the following percentage of Journeyman's wage. Term: 1st 2nd 3rd 4th 5th 6th 7th Hours: 1- 751- 1501- 2251~ 3001- 3751- 4501- 750 1500 2250 3000 3750 4500 5250 700/0 74% 78% 82% 88% 96% 100% Supplemental Benefits: (per hour worked) Polisher, 07101/2008 01/'01/2009 Term wage % of $6.50 plus $12.70 Term wage % of $6.50 plus $13.30 Finisher: $ 9.50 $10.47 ~7~4 JOB DESCRIPTION Mason- Bulkllng DISTRICT 9 EHTIRE COUNTIES Bronx, I~ngs, Nassau, New Yo~, Orange, Putnam, Queens, Richmond, Rod~and, Suffolk, Westchester WAGES Per hour. 07/01/2008 12/01/2008 Building: Tile Settem $ 45.32 $ 46.83 Page 37 Prevailing Wage Rates for 07/01/2008 ~ 06/30/2009 Published by the New York State Depadment of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk C0un~ Shift Work: 12:01am Monday- 12:00midnight Friday $ 56.65 12:01am Saturday- 12:midnight Saturday $ 67.98 12:01am Sunday- 12:00midnight Sunday $ 90.64 SUPPLEMENTAL BENEFITS Journeyman: $ 24.15 OVERTIME PAY See (A, E, Q, *V) on OVERTIME PAGE *Applicable to Shift Work ONLY HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 10, 11, 15, 16) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: (750 hr)terms at the following wage rates. Term: I st 2nd 3rd 4th 5th Hours: 1 - 751 - 1501 - 2251 - 3001 - 750 1500 2250 3000 3750 Wages: $22.73 25.18 29.93 32.26 34.72 $ 58.53 $ 70.24 $ 93.66 $ 24.65 6th 7th 8th 9th 3751- 4501- 5251- 6001- 4500 5250 6000 6750 39.47 41.82 44.10 45.32 Supplemental Benefi~ perhourpaid: Term: 1~ 2nd 3~ 4th 5th Houm: 1- 75t- 1501- 2251- 300t- 750 1500 2250 3000 3750 Supps. $12.00 13.03 15.23 16.37 17.38 6th 7th 8th 9th 3751- 4501- 5251- 6001- 4500 5250 6000 6750 19.58 20.70 21.90 24.15 9-7/52 JOB DESCRIPTION Mason- Building ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Building: 07/01/2008 Mosaic & Terrazzo Mechanic $41.72 Mosaic & Terrazzo Finisher SUPPLEMENTAL BENEFITS $40.26 DISTRICT 9 01/01/2009 $ 42.14 $ 40.65 Journeyman: $28.26 $ 29~.6 OVERTIME PAY See (A, E, Q, V) on OVERTIME PAGE HOUDAY Paid: See (1) oa HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per houc. (750 Hour) terms at the following percentage of the Terrazzo Mechanic's wage. ¶ st 2nd 3rd 4th 5th 6th 1- 751- 1501- 2251- 3001- 3751- 750 1500 2250 3000 3750 4500 Page 38 7th 4501- 525O Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published onSep 01 2008 PRC Number 2008007811 Suffolk County 50% 55% 65% 70% 75% 85% 90% 95% Supplemental benefits per hour paid: (750 hour) terms at the following percentage of Terrazzo Mechanic's benefit. 1st 2nd 3rd 4th 5th 6th 7th 8th 1- 751- 1501- 2251- 3001- 3751- 450f- 5251- 750 1500 2250 3000 3750 4500 5250 6000 50% 55% 65% 70% 75% 85% 90% 95% 9-7/3 JOS DESCRIPTION Mason-Building/Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES NOTE: Shall include but not limited to Precast concmta slabs (London Walks) Marble and Granite pavers 2'x 2' or larger. Per Hour: 07/01/2008 Stone Sette~ $ 56.34 Stone Tender $ 35.63 SUPPLEMENTALBENEFITS PerHour: Stone Setter 07/01/2008 22.03 16,33 DISTRICT 9 Stone Tender OVERTIME PAY See (*C, **E, Q) on OVERTIME PAGE * On weekdays the eighth (8th) and ninth (9th) hours are time and one-haff a~l work thereafter is paid at double the houdy rate. ** The first seven (7) hours on Sa[urday is paid at time and one-half ail work thereafter is paid at double the houdy rote. HOLIDAY Paid: See (8, 25) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Per Hour. 07~)1/2008 Stone Setter(750 hour) terms at the follow;ng wage rata per hour. 1st 2nd 3rd 4th 5th 6th term term term term term term $28.34 $32.78 $37.33 $41.87 $46.42 $48.69 Supplemental Beneffis for all terms 07/01/2008 13.86 ~lSte JOB DESCRIPTION Mason - Building / Heavy&Highway ENTIRE COUNTIES Bronx, K~, Nassau, New Yol% Queens, Richmond, Suffolk WAGES Page 39 DISTRICT 9 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last PublL~hed on Sep 01 2008 Published by the New York State Deparlment of Labor PRC Number 2008007811 SuffolkCc~nty Shah include but not limited to: fired clay brick pavers, pressed concrete pavers, cobble stone, asphalt pavers. "All Flagging, Granite, Marble and Conrete Slabs 2'x2'or larger see Stone Mason Classification." WAGES: (per hour) 07/01/2008 Journeyman $44.99 SUPPLEMENTAL BENEFITS Joumeyman $20.61 OVERTIME PAY See (A, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: Sea (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES (750 Hour) Terms at the folinwlng Wage Rate Per Hour: 1st 2nd 3rd 4th 5th 6th 500hm 500hm $ 21.76 $ 25.79 $ 29.82 $ 33.86 $ 37.89 $ 39.91 Supplemental Benefit Per Hour: All Apprentice Terms $ 20.61 9-1 Paver JOB DESCRIPTION Mason-Building/Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Rinhmond, Suffolk, Westchester WAGES Per hour. 07/01/2008 Marble-Finisher $ 40.75 StJPPLEMENTAL BENEFITS Journeyman $ 23.73 OVERTIME PAY See (C, O, V) on OVERTIME PAGE HOEDAY Paid: See (*2) on HOLIDAY PAGE Ore.me: See (5, 6, 8, 11, 15, 25) on HOLIDAY PAGE * 1/2 Day for Labor' Day. REGISTERED APPRENTICES Wages: 750 hour terms at the following percentage of Journeyman's wage, 01/01/2009 $ 41.30 $ 24.33 1st 2nd 3rd 4th 5th 6th 7th 8th t- 751- 1501- 2251- 3001 - 3751- 4501- 5251 - 750 1500 2250 3000 3750 4500 5250 6000 50% 55% 65% 70% 75% 85% 90% 95% 07/01/2008 Supplemental Benef=: 01/01/2009 DISTRICT 9 I st-6th ten~s $13.90 + term $14.50 + term wage % of $9.83 wage % of $9,83 7th and 8th terms $23.73 $24.33 9-7/20-MR Page 40 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Sop 01 2008 PRO Number 2008007811 Suffolk County JOB DESCRIPTION Mason - Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2008 (MASON) Pointer, Cleaner & Caulkers $ 37.39 DISTRICT 9 SUPPLEMENTAL BENEFITS Pointer, Cleaners & $ 20.11 Caulkers OVERTIME PAY See (B, E2, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Ove~me: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (Per hour) One (1) year terms at the fo[lowing wage rates. 1st 07101/2008 $19.61 2nd 3rd 4th $ 22.72 $ 27.95 $ 34.38 Apprentices Supplemental Benefits: (per hour paid) 07/01/2008 1st 2nd 3rd 4th $ 2.80 $ 7.00 $ 9.50 $ 9.50 9-'IPCC JOB DESCRIPTION Mason- Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New Yo~k, Queens, Richmond, Suffolk WAGES Per Hour: Cement Meson SUPPLEMENTAL BENEFITS Per Hour, 07/01/2008 $ 47.50 07/01/2008 $ 26.80 Cement Mason OVERTIME PAY Bee (C, O, V) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 25) on HOLIDAY PAGE REGISTERED APPRENTICES ( 1 ) year terms atthe following wage 1st Term $ 23.75 2nd Temt $28,50 3rd Tem~ $ ~.25 $ 20.84 Supplement Benefits per hour paid: ApIxentl~so: 1St term Page 4t DISTRICT 9 Prevailing Wage Rates for 07101/2008 - 06/30/2009 Last Published on Sap 01 2008 Published by the New York State Depar[rnent of Labor PRC Number 2008007811 Suffolk County 2nd term $ 23.44 3rd term $ 26.02 9-780 JOB DESCRIPTION Operating Engineer- Building ENTIRE COUNTIES Nassau, SuEolk WAGES BUILDING CATEGORIES: DISTRICT 4 CLASS "AA "CRANES: Crane, Truck Crane, Derrick, Dragline, Dredge, Crawler Crane, Tower Crone & Pile Driver. CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherty Picker (over 50 tons), Concrete Pump, Grada]l, Grader, Hoist, Loading Machine (10 yds. or moro), Milling Machine, Power Winch - Stone Setting/Structural Steel & Truck Mounted, Powerhouse, Road Paver, Scoop-CarP/ali-Scraper in Tandem, Shovel, Sideboom Tractor, Stone Sproader (se[f-propel[ed), Tank Work, Tower Crane Engineer. CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker (under 50 Tons), Conveyor-Mul~ Dinkey Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine & Front Loader, Mulch Machine (Machine Fed), Power Winches (Not Inciuded in Class "A"), Asphalt Roller, Hydraulic Pump with Boring Machine, Scoop, Carryall, Sceper, Maintenance Man on Tower Crane, Trenching Machine, Vermeer Cutter, Work Boat. CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Well Point), Field Mechanic, Milling Machine (Small), Pulvi Mixer, Pumps (ali), Roller (dirt), Ridge Cutter, Vac-AIl, Shothlaster, Striping Machine, Interior Hoist, Concrete Finish Machine, ConcretoSpreader, Conveyer, Curing Machine, Hoist (one drum). CLASS 'D": Concrete Breaker, Concrete Saw/Cutter, Fork Life or Walk Behind (power operated), Generator, Hydra Hammer, Compactors (mechanical or hand operated), Pin Puller, Podable Heatem, Power Booms, Power Buggies, Pump (double action diaphragm). CLASS 'E": Batching Plant, Generator, Gdnder, Mixer, Mulching Machine, Oiler, Pump (gypsum), Pump (single action diaphragm), Stump Chipper, Track Tamper, Tractor (caterpillar or wheel), Vibrator, Deckhand on Workboat 07101/2008 Class "AA" Cranes: Boom length over 100 feet add $1.00 per hour · 150 · ' $1.50"" "250" ' $2.00"" · 350" "$3.00" ' $ 52.28 *Add $3.50 for Hazardous Waste Work $ 46.04* Class "B" *Add $2.50 for Hazardous Waste Work 43.65* *Add $1.50 fcr Hazardous Waste Work $42.0~ Class Class "E' $ 38.85 $ 37.24 SUPPLEMENTAL BENEFITS Per Houc ALL CLASSES NOTE: Overtime Rate 07/01/2008 $ 28.29 S 23.05 Page 42 Prevailing Wage Rates for 07101/2008 - 06/30/2009 Published by the New York State Department of ~bor Last Published onSep 01 2008 PRC Number2008007811 SuffolkC0unty OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE Overtime: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE "NOTE": Employee must be employed day before and day after a holiday to receive holiday pay. REGISTERED APPRENTICES One(1 ) Year Terms at the following Rate: 07/01/2008 1 st Term $ 20.84 2nd Term 21.67 3rd Term 22.33 Supplemental Benet'rts per hour: APPRENTICES $15.89 Note: OVERTIME AMOUNT 5.85 4-138 JOB DESCRIPTION Operating Engineer-Building/Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008- 08/01/2008 07/31/2008 Well Ddller $ 29.00 Well Ddller Helper 25.52 Hazardous Waste Differential Added to Hourly Wage: $ 29.00 + $1.16 25.52 + $1.03 Level A $ 3.00 $ 3.00 Level B 2.00 2.00 Level C 1.00 1.00 Monitoring Well Work Add to Hourly Wage: Level A Level B SUPPLEMENTAL BENEFITS Per Hour:. $ 3.00 2.00 0751/2008- 07/31/2008 $ 3.00 2.00 08/01f2008 Well Driller Well Drier Helper $10% of straight time rate plus $9.55 10% of straight time rate plus $ 9.55 (NOTE) Additional $2.25 for Premium Time OVERTIME PAY See (B, E, G, P) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 16, 23)on HOLIDAY PAGE Overtime: See (5, 6, 16, 23)on HOLIDAY PAGE Additional $ 2.88 for Premium Time Page 43 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Sep 01 2008 Published by the New York State Depadment of Labor PRC Number 2008007811 Suffolk County JOB DESCRIPTION Operating Engineer- Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Party Chief- One who directs a survey party Instrument Man * One who runs the inslrument and assists Party Chief Rodman - One who holds the rod and in general, assists the survey party Categories cover GPS & Under Ground Surveying Per Hour: 07/01/2008 Heavy Highway/Building Party Chief $ 49.11 + $3.41/Hr Instrument Man 37.01 + $2.83/Hr Rodman 32.63 + $2.62/Hr Steel Erection Pady Chief $51.03 + $2.63 Instrument Man 40.30 + $2.25 Rodman 27.86 + $1.80 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Heavy Highway/Building $ 21.64 Steel Erection $ 22.58 OVERTIME PAY See (B, *E, Q) on OVERTIME PAGE * Doubletime paid on the 9th hour on Saturday. HOEDAY Paid: See (5, 6, 8, 11, 12, 15, 25) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 12, 15, 25) on HOLIDAY PAGE 4-15D-N/S co. ,JOB DESCRIPTION Operating Engineer-Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES HEAVY/HIGHWAY CATEGORIES: DISTRICT 4 CLASS 'AA' CRANES: Crane, Truck Crone, Den'ick, Dragline, Dredge, Crawler Crane, Tower Crone, Pile Ddver. CLASS 'A': Asphalt Spreader, Backhoe Crawler, Boiler Chenyplcker (over 50 tons), Concrete Pump, Grader, Gradall, Hoist Loading Machine 10 yds. or more), Milling Machine, Power Winch-Stone Setting/Structural Steel or Truck Mounted, Powerhouse, Road Paver, Scoop-Canyall-Scaper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (self propelled), Tank Won~, Track Alignment Machine. CLASS'B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherty Picker (under 50 Ions), Conveyor-Multi, Dinky Locomotive, Fork UfL Hoist (2 drum), Loading Machine & Front Loader, Mulch Machine (machine fed), Power Winchea (all others not Included In CLASS A), Asphalt Roller, Hydraulic Pump with Boring Maddne, Scoop, Cam/all, Soaper, Maintenance Man on Tower Crane, Trenching Machine, Vermeer Curb Machine, Melntenance Engineer (Small Equip. & Well Point), Flald Mechanic, Milling Machine (Small), Pulvl-Mixel-, Pumps, Roller (DlrtL Vao.AJl, We~ing/Bmning, ~ (b-h~ud~Jral Steel & 2 or mom Baltedes), Concr~e Finish Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Heist (One Dram), Ridge Cutter, Striping Machine, Welding Machine (Struc~Jral Steel & P~e Work). Page 44 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Sep 01 2008 Published by the New York State Depadment of Labor PRC Number 2008007811 Suffolk C~nty CLASS "D": Compressor (Pile,Crane,Stone Setting), Concrete Saw Cutted Breaker, Work Lift 0Nalk Behind,Power Operated), Generator (Pile Work),Hydre Hammer, Hand Operated Compactor, Pin Puller, Portable Heater, Powered Broom/Buggy/Grinder, Pump (Single Action~l to 3 Inches/Gypsum/Double Action Diaphragm), Hand Trenching Machine, Welding Machine. CLASS "E": Batchlng Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump (Centrifugal up to 3 In.), Root Cutter, Stump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand on Work Boat. 07~1~008 Class "AA" Cranes: Boom Leng~ overl0Ofeetadd $1.00 perhour "150" "$1.50"" "250" "$2.00"" "350" "$3.00" ' $ 53.56 Class "A" *Add $3.50 for Hazardous Waste Work. $ 47.31' Class *Add $2.50 for Hazardous Waste Work. $ 44.14' Class "C" *Add $1.50 for Hazardous Waste Work $ 42.54* Class 'D" $ 39.33 Class 'E" $ 37.74 "NOTE': PREMIUM PAY of 25% on straight time hours for NEW YORK STATE- D.O.T. and other GOVERNMENTAL MANDATED off-sh~ work. SUPPLEMENTAL BENEFITS Per Hour: 07/01/~008 ALL CLASSES $ 27.39 Note: OVERTIME AMOUNT $ 23.05 OVERTIME PAY Sea (D, O) on OVERTIME PAGE HOEDAY Paid: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE Overtime: See (5, 6, 8, 9, 15) on HOUDAY PAGE 'NOTE": Employee must be employed day before and day alter a holiday to receive I~tiday pay. REGISTERED APPRENTICES One(l) Year Terms at the following Rate: 1st Term $ 20.84 2nd Term 21.67 3rd Term 22.33 APPRENTICES $15.89 Note: OVERTIME AMOUNT 5.85 JOB DESCRIPTION Opecatlng Engineer- Madne Consln~ction DISTRICT 4 ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Catlaraugus, Cayuga, Chautauqua, Chemung, Chenssgo, Clinton, Columbia, Corllaod, Delaware, Dutche~, Erie, ~ Franklin, Fultml, Genesee, Greene, I-lamllt~, Heddmer, ~, Kings, Lewis, ~, Madison, Monroe, _M~, Nmmau, Now Yedq Niagara, O~ O~ Ootado, Orange, Odeans, _O(~vego, O~, putham, Que(ms, Reoss~aa-, ...m~..., .R(x~...,.~, ..Sc~)~c~...,..,~h~<~.. ,, .Sc~.. r,S~ca, st ta~er~,St~a, Su~(~,S~a,,T~a, To~pU.s, utstm', wa~en, WaShington, way~e, ~estcne~er, ~0mlng, Yates Page 45 Prevailing Wage Rates for 07/01/2008 - 06~30~2009 Last Published on Sep 01 2008 Published by the New York State Department of Labor PRC Number 2008007811 Suffolk Coun~ WAGES Per Hour: DIPPER,CLAMSHELL DREDGES & HYDRAULIC DREDGES CLASS A Operator, Leverman, Lead Dredgeman 07/01/2008- 09/30/2008 32.09 10/01/2008 $ 32.89 CLASS B Spider/Spill Barge Operator, Tug Opemtor(overl00Ohp), Opemtorll, Fill Placer, Derrick Operator, Engineer, Chief Mate, Electrician, Chief Welder, Maintenance Engineer $27.94 Certified Welder, Boat Operator(licensed) $ 26.29 CLASS C Drag Barge Operator, Steward, Mate, Assistant Fill Placer, Welder (please add) $ 25.49 $ 0.51 $ 24.79 $ 20.64 $ 0.09 Boat Operator CLASS D Shomman, Deckhand, Rodman, Scowman, Cook, Messman, Por[er/Janito~ Oiler(please add) SUPPLEMENTAL BENEFITS Per Hour: THE FOLLOWING SUPPLEMENTAL BENEFITS APPLY TO ALL CATEGORIES 07/01/2008- 09/30/2008 $ 28.49 $ 26.84 26,14 $ 0.08 25.29 21.09 $ 0.09 10/01/2008 · NI C~asses A & B $ 7.80 plus $ 8.05 plus 7% of straight 7% of straight time wage time wage (overtime houm add) $ 0.63 $ 0.63 .NI Class C $ 7.50 plus $ 7.75 plus 7% of straight 7% of straight time wage time wage (overtime hours add) $ 0.48 $ 0.48 NI Class D (overlJme hours add) OVERTIME PAY ~ (B, F, R) o~ OVERTIME PAGE HOMDAY Paid: $ 720 plus 7% of straight time wage $ 023 See (1) on HOLIDAY PAGE See (5, 6, 8, 15, 26) on HOUOAY PAGE Page 46 $ 7.45 pius 7% of straight time wage $ 0.23 4-25a-Ma~Coast Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Depadment of Labor Last Published on Sap 01 2008 ~ ~ ~ PRC Number 2008007811 Suffolk County JOB DESCRIPTION Operating Engineer-Trenchless Pipe Rehab DISTRICT 4 ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, C ntea Colurabia, Corfland Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, K rigs, Lewis, L v ngston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Oteego, Putnara, Queens, Rensselaer, Richmond, Rockland, Saratoga Schenectady, Schoharle, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, U star, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES Per Hour: 07/01/2008 DSET/DSSET Operator $ 31.50 Robotic Unit Operator 31.50 DDCC Injection Operator 31.50 Technician/Equipment Operator AM LineflHydra Seal Installer Hobas Pipe, Polyethyene Pipe or Pull and inflate Liner Inst. 27~00 27.00 27.00 SUPPLEMENTAL BENEFITS Per Hour Worked Nm Classifacaflons $11.34 OVERTIME PAY See (B, H) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE REGISTERED APPRENTICES At One Year Terms (Per Hour) First Year $16.00 Second Year 16.75 Third Year 17.25 Feudh Year 18.00 Supplemental Benlflt (Per Hour W(xked) All Temts 11.34 4-138TrchPReh JOB DESCRIPTION Painter ENTIRE COUNTIES Nassau, Suffolk WAGES Per hear, SUPPLEMEHTAL BENEFITS Per hour wod(ed: Journeyman 07101/2008 $ 35.00 $ 20.84 Page 47 DISTRICT 9 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk County OVERTIME PAY See (A; H) on OVERTIME PAGE HOUDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (4, 5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages(per Hour) 07/01/2008 1st Year $13.25 2nd Year 17.50 3rd Year 21.00 4th Year 28.00 Suppemental Benefits: (per Hour) 1st year $ 9.82 2nd Year 12.32 3rd year 14.74 4th year 19.42 9-NYDCTg-DVVT JOB DESCRIPTION Painter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchestsr WAGES (Per hour) 07/01/2008 Brush $ 35.00 Spray & Scaffold 38.00 Fire Escape 38.00 Decorator 38.00 Paperhanger/~Nall Coverer 36.83 SUPPLEMENTAL BENEFITS ( per hour worked ) 07/01/2008 Paperhanger $ 24.15 Ail o~hers 20.94 OVERTIME PAY See (A, H) on OVERTIME PAGE HOUDAY Paid: See (1) on HOLIDAY PAGE Ovedlme: See (5, 6, 16, 25) on HOUDAY PAGE REGISTERED APPRENTICES Indentul~l after 5/31/93 ( 1 ) year terms at the following wage rate. (per hour) Appr 1st term... $13.25 Appr 2nd term... 17.50 Appr 3rd term... 21.00 Appr 4th term... 28.00 Spplementel benefis: (per Hour wated) ~opr 1st term... $ 9.82 Appr 2nd tenn... 12.32 Appr 3~d term... 14.74 Al)pr 4th term... 19.42 Page 48 Prevt~lling Wage Rates for 07/01/2008 - 06130/2009 Published by the New York State Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk County JOB DESCRIPTION Painter- Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008- 09/3012008 10/01/2008 Structural Steel $ 44.00 $ 45.25 Bridge Painting 44.00 45.25 Power Tool/Compressor 50.00 51.25 DISTRICT 4 "NOTE" Bridge Painting Contracts, ALL WORKERS on and off the t~ridge(induding flagmen) are to be paid Painting Rate. The Contract must be ONLY for Bridge Painting. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008- 10/01/08 09/30/2008 Painters/ AJI Class~catioos $ 27.66 $ 28.31 OVERTIME PAY See (A. F, R) on OVERTIME PAGE HOUDAY Paid: See (1) on HOLIDAY PAGE Over,nm: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour: One(1 ) Year Terms at the following Percentage of the Joumeyman(s) Wage: 1st Term 40% 2nd Term 60% 3rd Term 80% Supplemental Benefits per hour: Apprentice(s) 1st Term $ 27.66 $ 28.31 2nd Term 27.66 28.31 3rd Term 27.66 28.31 4-DC9/NS-B rSS .lOB DESCRIPTION Painter- Line St]tping DIsTRIcT 9 ENTIRE COUNTIES Albany, Bronx, C~inton, Columbia, Dutchess, Essex, Franklin, Fulton, Greene, Hami~ton, Kings, Meatgome~7, Nassau, New Yo~, Orange, Putnam, Queans, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharle, Suffolk, Sullivan, Ulster, Warren, Washington, Westchester WAGES Per hour. Painter(Striping-Highway): 07/01/2008 Striping-Machine Operat=* Unen~an 'i~lastic Note: *includes Traffic Conlrol SUPPLEMENTAL BENEFITS 25.53 30.79 07/01/2008 $ 9.97 + 7% of wage Page 49 Prevailing Wage Rates for 0T10112008 - 06/30/2009 Last Published on Sep 01 2008 Published by the New York State Department of Labor PRC Number 2008007811 Suffolk C0un~ OVERTIME PAY See (B, E, P, S)on OVERTIME PAGE HOLIDAY Paid: See (5, 20) on HOLIDAY PAGE Ovedime: See (5, 8, 11, 12, 15, 16, 17, 20, 21, 22) on HOLIDAY PAGE 9-SN28A-LS JOB DESCRIPTION Painter- Metal Polisher DISTRICT 9 ENTIRE COUNTIES AJbany, Allegany, Bronx, Broome, Cattaraugus, Cayuga Chautauqua, Chemung, Chenango, C nton, Columbia, Cor~and, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgome~', Nassau, New York Niagara, Oneida, Onondaga, Ontar o, Orange, Odeans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond,Rocldand Saratoga, Schenectady Schohade, Schuyler, Seneca, St. Lawrence, Steuben, Sulfolk, Sullivan, Tioga, Tompklns, U ster, Warren, Wash ngton, Wayne, Westchester, Wyoming, Yates WAGES 07/01/2008 Metal Polisher $ 23.10' *Note: Alt workers shall be pald an additional premium in an amount equal to twenty (20%) percent of their basic straight time rate of pay for all time worked on hanging scaffolds and on standing scaffolds while working more than 34 feet offthe ground. Such premium are to be paid on top of their straight time or overtime, whichever is applicable. This also applies to employees erecting scaffolding. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Journeyman: $11.02 OVERTIME PAY See (B, E, Q, T) on OVERTIME PAGE HOUDAY Paid: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE Overtime: See (5, 6, 9, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES 55% of Basic Polisher Rate 9-SAJ28A-M p JOB DESCRIPTION Plasterer ENTIRE COUNTIES Kings, Nassau, Queens, Suffolk PARTIAL COUNTIES New York: thc~udes work In all Islands in New York City, except Manhattan. WAGES Per hour. 07/01/2008 Building: Plasterer/Traditional $ 35.53 SUPPLEMENTAL BENEFITS Per hour worked: Journeyman $ 21.80 OVERTIME PAY See (S, E, E2, Q) on OVERTIME PAGE HOUDAY Pal<l: See (1) on HOUDAY PAGE Overtime: See (5. 6, 8, 11, 13, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (pe~ hour) DISTRICT 9 Pete 50 Prevailing Wage Rates for 07/01/2008.0§/30/2009 Last Published on Sop 01 2008 Published by the New York State Department of Labor PRC Number 20080078t I Suffolk County ( 1 ) year terms at the following % journeyman's wage rate. Fimt year: I st 6 months 2nd 6 months 40% 45% Second year: 1 st 6 months 2nd 6 months 55% 60% Third year: 1st 6 months 2nd 6 months 70% 75% Supplemental Benefits: (per hour paid): (1) year term broken down into slx month pedods: I st year:. 1st six months $ 8,37 2nd six months 9,35 3rd six months 11.35 4th slx months 12.33 5th slx months 14.33 6th slx months 15.33 9-530-Z1 JOB DESCRIPTION Plumber DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008 Plumber/ PUMP & TANK $ 42.24 SUPPLEMENTAL BENEFITS Per Hour:, 07/01/2008 Plumber $18.57 OVERTIME PAY See (B, N, V) on OVERTIME PAGE (V} Sunday & Holidays Only HOUDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6, 16, 25) co HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Ten'ns at the Following Wage Per Hour:. 07/01/2008 1st Term $ 9.77 2nd Term 15.37 3rd Term 20.96 4th Term 26.80 Supplemental Benefits per hour. 1st Terrn $ 8.39 2nd Te~'m 8.89 3rd Term 9.39 4th Tem~ 9.64 4-200 Pump & Tank Page 51 prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk County JOB DESCRIPTION Plumber DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008- 05/01/2009 04/31/2009 Plumber MAINTENANCE ONLY $26.73 28.07 (NOTE) Maintenance: Correction of pmblem(s)with the existing fixture or group of fLxtures, preventive mpalm or servicing of said fixtures. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008- 05/01/2009 04/31/2009 Plumber $9.00 MAJNTENANCE ONLY OVERTIME PAY See (B, J}on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms, WAGES Per Hour es Follows: 07101/2008- 04131/2009 $9.40 05/O1/2009 1st term $13.61 $14,29 2nd term $14.65 $15.38 3rd term $15.74 $16.53 4th term $16.88 $17.72 5th term $18.06 $18.96 SUPPLEMENTS PER HOUR 1st term $7.55 $7.90 2nd term $7.55 $7.90 ~ term $7.55 $7.90 4th term $7.55 $7.90 5th term $7.55 $7.90 4-200 Maintence JOB DESCRIPTION Plumber ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour, Plumber 07/01/20O8- 10/31/2008 11~1/2008 $ 47.73 DISTRICT 4 SUPPLEMENTAL BENEFITS Per Hour, Page 52 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Depadment of Labor Last Published ce Sep 01 2008 PRC Number2008007811 SuffolkC0unty Plumber $ 24.68 $ 25.43 OVERTIME PAY See (A, O, V) en OVERTIME PAGE CODE "V" is only for SUNDAYS and HOLIDAYS WORKED HOLIDAY Paid: See (1) on HOLIDAY PAGE Overt]me: See (5, 6, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(1 ) Year Terms at the following percentage of Plumbem Rate: 1st Term 2nd Term 3rd Term 30% 40% 50% 4th Term 6O% 5th Term 7O% Supplemental Benefits per hour. 07/01/2008- 10/31/2008 11/01/2008 1st Term $12.89 $12.89 2nd Term 15.14 15.14 3rd Term 16.78 16.78 4ff~ Term 17.78 17.78 5th Term 18.78 19.28 4-200 JOB DESCRIPTION Roofer ENTIRE COUNTIES Nassau, Suffolk WAGES Rate Per Hour DISTRICT 4 07/01/2008- 10/01~2008 09/30/2008 Roofer/Waterproofer $ 37.75 addL $2.50 SUPPLEMENTAL BENEFITS Per Hour. Roofer/Waterproofer 07101/2008- 19/01/2008 09/30/2008 $ 22.62 22.62 OVERTIME PAY Per Hour:. NEW ROOF SEE (B,E,Q) RE-ROOF SEE HOUDAY Paid: See (1) on HOEDAY PAGE Overtime: See (5, 6, 13, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Page53 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk C0unt~y (1) Year terms at the following pecentage of Rcefers/Waterproofem Wage I st 2nd 3rd 4th 40% 50% 70% 80% Supplemental Benefits per hour: 1st Term $ 2.00 2nd Term 6.00 3rd Term 12.35 4th Term 17.31 4-1 54 JOB DESCRIPTION Sheetmetal Worker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2008- 07/31/2008 Sheetmetai Worker $ 43.69 DISTRICT 4 08/01/2008- 02/01/2009 01/31/2009 Add $1.75/ Add $1.75/ Per Hour Per Hour For Temporary Operation or Maintenance of Fans is 80% of Above Wage Rate SUPPLEMENTAL BENEFITS Per Hour:. 07/0112008- 07/31~2008 08/01/2008- 02/01/2008 01/31/2009 Sheetmetal Worker $ 35.26 $ 35.26 $ 35.26 OVERTIME PAY See (A, O) on OVERTIME PAGE For Fan Maintenance See Codes B & O HOEDAY Paid: See (1) on HOLIDAY PAGE Ore.me: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Per Hour. (1/2) Year Terms at the following percentage of journeyman's houdy wage: 1st 2nd 3rd 30% 35% 40% 4th 45% 5th 6th 7th 8th 50% 55% 60% 70% Supplemental Benerds per hour. 1st Term $14.41 2~cl Term 16.25 3rd Term 17.84 4lb Te~n 19.44 5th Term 21.01 6~ Term 22.48 ~ Term 24.41 8th Term 28.19 Page 54 Prevailing Wage Rates for 07/0112008 - 06/3012009 Published by the New York State Department of Labor Last Published onSep 01 2008 PRC Number 2008007811 Suffolk C0unty 4-28 JOB DESCRIPTION Sheetmetal Worker DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per Hour: 07/01/2008- 07/16/2008 07/15/2008 SIGN ERECTOR $36.80 $38.25 *NOTE: Overhead Highway Signs and Structurally Supported Signs (See IRON WORKER CLASS) SUPPLEMENTAL BENEFITS PER HOUR 07/01/2008- 0711612008 07/15/2008 $23.59 25.20 OVERTIME PAY See (A, F, S) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 11, 12, 16, 25) on HOLIDAY PAGE Overtime: See (5, 6, 1 O, 11, 12, 16, 25} on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour:. 07/01/2008 Half (1/2) year terms at the following rate(s): 1st 2nd 3rd 4th 5th 35% 40% 45% 50% 55% 6th 7th 8th 9th 10th 60% 65% 70% 75% 80% Supplemental Benefits per hour paid: Half (1/2) year terms at the following dollar amount 07/01/2008~ 07/16/2008 07/15/2008 1st $6.77 $7.21 2nd $7,67 $8.17 3rd $8.58 $9.14 4th $9.47 $10.10 5th $12.79 $13.58 6th $14.66 $15.41 7th $15.84 $16.65 8th $17.04 $17.92 9th $18,65 $19.59 10th $20.19 $21.19 9-137-SE JOB DESCRIPTION Steamfitter ENTIRE COUNTIES Bronx, K~gs, Nassau, New York, Queens, RIchm(xxl, Suffolk WAGES Per Hour 07/01/2008 ~teem Fitter $ 45.67 P~ 55 DISTRICT 9 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New Yod4 State Department of Labor Lest Published on Sep 01 2008 PRC Number 2008007811 Suffolk C0unty Sprinkler Fitter 45.67 For Work on Temporary Heat & Air Condi6onlng 34.32 SUPPLEMENTAL BENEFITS Per Hour Steamfitter $ 39.88 Sprinkler Fitter 39.88 (For Work on Temporary Heat & Air conditioning). $ 29.02 OVERTIME PAY See (C, *D, O, V) on OVERTIME PAGE (*D) ON ALL HVAC AND MECHANICAL CONTRACTS THAT DO NOT EXCEED $15,000,000.00 and ON ALL FIRE PROTECTION/SPRINKLER CONTRACTS THAT DO NOT EXCEED $1,500,00.00 HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, ~JS, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour worked: ( 1 ) year terms at the fofiowlng percentage of Journeyman's wage. Apprentices: 1 st 2nd 3rd 40% Suppelmental Benefits: (1) year term et the following dollar amounts: Apprentices: 07/01/2007 50% 65% 1st 2nd 3rd $15.79 $19.53 $25.15 4th 80% 5th 85% 4th $30.75 5th $32.63 9-638A-StmSpFtr ,IDB DESCRIPTION Steamfitter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour. 07/01/2008 Stearnfiffer/Malntance $ 32.45 Refrigeration, NC, Oil Burner and Stoker Service and Installations, limited on Refrigeration to cemblned oumpressors up to five (5) homepower, and on NC Heating and Air Cooling to combined compiessors up to ten (10) horsepower. SUPPLEMENTAL BENEFITS Per Hour 07/01/2008 Stea~alntance $ 7.71 OVERTIME PAY OVERTIME:..,.See ( B, E, Q*, S** )¢n OVERTIME PAGE. HOEDAY HOEDAY: Pald:...,..See ( 2, 6, 9, 10, 11, 15, 17, 26,Memorial Day) o~ HOLIDAY PAGE. Overtime:._ *(2,6,9,15,17 Page 66 DISTRICT 9 Pm/ailing Wage Rates for 07101/2008 - 06~30~2009 Published by the New York State Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Suffolk County ** ( 10, 11, 26, Memorial Day ) 9-638B-StmRrRef JOB DESCRIPTION Survey Crew Consulting DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Dutchess: Only the podion south of the north city line in Poughkeepsie. WAGES Feaslbllity and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a Consulting Engineer agreement. Categories cover GPS & underground surveying. WAGES: (per hour) 07/01/2007 Survey Rates: Party Chief, .... $ 29.82 Instrument Man.. $ 25.01 Rodman .......... $ 21.95 SUPPLEMENTAL BENEFITS (per hour paid) Journeyman ...... $11.70 OVERTIME PAY OVERTIME:.... See ( B, E*, Q, V ) ON OVERTIME PAGE. *Doubletime paid on the 9th hoar on Saturday. HOUDAY Paid: See (5, 6, 7, 11, 16 on HOLIDAY PAGE Overtime: See (5, 6, 7, 11, 16 on HOL DAY PAGE JOB DESCRIPTION Teamster- Building / Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/0112008 Tluck Driver, Chauffeur Trailers $ 26.33 Straight Jobs 26.03 SUPPLEMENTAL BENEFITS Per Hour. 07/01/2008 DISTRICT 4 9-15dconsult All Classifications $19.20 OVERTIME PAY See (B, L, S, S1) on OVERTIME PAGE HOMDAY Paid: See (5, 6, 7, 8, 11, 12, 26) on HOLIDAY PAGE Employee must wod(Tv,~(2) Days In Holiday Week 4-282.Demo JOB DESCRIPTION Teamster- DeliveryofAsphalt & Concrete ENTIRE COUNTIES Nassau, Suffolk Page 57 DISTRICT 4 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Depaffment of labor Last Published on Sep 01 2008 PRC Number 2008007811 Sulfolk County WAGES Per Hour; 07/01/2008 'TRUCK DRIVER" Asphalt Delivery $ 32.885 Concrete Delivery 32,885 ADDITIONS Per Day: Three(3) Axle Tmctom and Trailers: $10.00 Heavy Equipment and Tag-Along Trailers: 10.00 Boom Track Drivers: 8.00 SUPPLEMENTAL BENEFITS Per Hour: 07101/2008 "TRUCK DRIVER" All Classifications $ 27.05 OVERTIME PAY See (B, E, Q, R, T) on OVERTIME PAGE (NOTE) PREMIUM PAY of 25% on straight time houm for New York State D.O.T. and or other GOVERNMENTAL MANDATED off shift work. HOLIDAY Paid: See (5, 6, 11, 12, 15, 25) on HOLIDAY PAGE Overtime: See (11, 12, 15, 25) on HOLIDAY PAGE Employee must Work TWO(2) Days in Holiday Week. 5,6,13 PaEI at Tdple if Worked. 4-282ns JOB DESCRIPTION Welder DISTRICT 1 ENTIRE COUNTIES AJbany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Checango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgome~7, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schohafle, Schuyler, Seneca, St. Lawrerme, Steuben, Suffolk. Sullivan Tioga Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES Per hour 07/01/2008 Welder (To be paid the same rate of the mechanic pedorming the work) OVERTIME PAY HOMDAY 1-As Per Trade Page 58 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Depadment of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Overtime Codes Foltewing is an explanation of the coders) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requiremeots may also be tis[ed in the HOLIDAY section, (A) (AA) (~) (Bf) (B2) (c) (cl) (D) (E) (El) (E3) (E2) (E4) (F) (H) (1) (J) (L) (M) (N (O (P (Q (R (S (si (T) Time and one half of the hourly rate after 7 hours per day Time and one half of the hourly rote after 7 and one half houm per day Time and one half of the hourly rote after 8 hours per day Time and one half of the hourly rote for the 9th & 10th hours week days and the 1st 8 houm on Saturday. Double the hourly rate for all additional hours Time and one half of the hourly rote after 40 hours per week Double the hourly rate after 7 hours per day Double the hourly rate after 7 and one half hours per day Double the hourly rate after 8 hours per day Double the hourly rate after 9 hours per day Time and one half of the hourly rate on Saturday Time and one half 1st 4 hours on Saturday Double the hourly rate all additional Saturday hours Between November 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather, provided a given employee has worked between 16 and 32 hours that week Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather Saturday and Sunday may be used as a make-up day at straight time when a day is lost dudng that week due to inclement weather Time and one half of the hourly rate on Saturday and Sunday Time and one half of the hourly rate on Saturday and Holidays Time and one half of the hourly rate on Saturday, Sunday, and Holidays Time and one half of the hourly rate on Sunday Time and one half of the houtty rate on Sunday and Holidays Time and one half of the hourly rate on Holidays Double the hourly rate on Saturday Double the hourly rote on Saturday and Sunday Double the hourly rate on Saturday and Holidays Double the hourly rote on Saturday, Sunday, and Holidays Double the hourly rate on Sunday Double the hourly rate on Sunday and Holidays Double the hourly rote on I-Io~idays Two and of re half times the hourly rate for Holidays, If wcm~ed Two and o~e haft tim"~ the hourly rate the flint 8 houm on Sunday or Holidays One and one half times the T~iple the hourly rate f~r Hdldays, If wonV, ed Page 59 Prevailing Wage Rates for 07101/2008 - 06130/2009 Published by the New York State DepaAment of Labor Last Pubtished on Sep 01 2008 PRC Number 200800781 1 ( U ) Four times the houdy rate for Holidays, if worked ( V ) Including benefits at SAME PREMIUM as shown far overtime ( W ) Time and one half for benefits on all overtime hours. NOTE:BENEFITS are PER HOUR WORKED,far each hour worked, unless otherwise noted Pege 60 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Sep 01 2008 PRC Number 2008007811 Holiday Codes PAID Holidays: Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. If an employee works on a day listeo as a paid holiday, this remuneration is in add[bon to payment of the required prevailing rate for the work actually performed. OVERTIME Holiday Pay: Overtime holiday pay is the premium pay that is re§uired for work performed on specified holidays. It is only required where the employes actually performs work on such holidays. The applicable holidays am listed under HOLIDAYS: OVERTIME. The required rate of pay f6r these covered holidays can be found in the OVERTIME PAY section listings for each classification. Fo owing is an explanation of the cede(s,) flstad in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid azthe wage rates at which the employee is normally classified. ( 1 ) None ( 2 ) Labor Day ( 3 ) Memorial Day and Labor Day ( 4 ) Memorial Day and July 4th ( 5 ) Memorial Day, July 4th, and Labor Day ( 6 ) New Year's, Thanksgiving, and Christmas ( 7 ) Lincoln's Birthday, Washington's Birthday, and Veterans Day ( 8 ) Good Friday ( 9 ) Lincoln's Birthday ( 10 ) Washington's Birthday ( 11 ) Columbus Day ( 12 ) Election Day ( '13 ) Presidential Election Day ( 14 ) 1/2 Day on Presidential Election Day ( 15 ) Veterans Day ( 16 ) Day after Thanksgiving ( 17 ) July 4th ( 18 ) 1/2 Day be[ore Chdstmas ( 19 ) 1/2 Day before New Yearn ( 20 ) Thanksgiving ( 21 ) New Year's Day ( 22 ) Christmas ( 23 ) Day before Christmas (24) Day before New YeaCs ( 25 ) Presidents' Day ( 26 ) Mallin Luther King, Jr. Day P~e61 I BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION: REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR ~W Fax (518) 485-187'0 or mail this form for new schedules or for determination for additional occupations. THIS FORM MUST BE TYPED SUBMITTED BY: [] CONTRACTING AGENCY (CHECK ONE) [] ARCHITECT OR ENGINEERING FIRM [] PUBLIC WORK DISTRICT OFFICE DATE: A. PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertaining to Contracting Agency) 1. Name and complete address ( [] check if new or change): Telephone: ( ) Fax: ( ) E-Mail: 3. SEND REPLY TO ( [] check if new or change) Name and complete address: Telephone: ( ) Fax:( ) E-Mall; B. PROJECT PARTICULARS 5. Project Title Description of Work Contract Identification Number Note: For NYS units, the OSC Contract No. 7. Nature of Project - Check One: [] 1. New Building D 2. Addition to Existing Structure [] 3. Heavy and Highway Construction (New and Repair) [] 4. New Sewer or Waterline [] 5. Other New Construction (Explain} [] 6. Other Reconstruction, Maintenance, Repair or Alteration [::3 7. Demol~on [] 8. BuJidJng Service Contract 9. Name and Title of Requester 2. NY State Units (see Item 5) [] 01 DOT [] 02 OGS [] 03 Do~mito~j Authority [] 04 State University Construction Fund [] 05 SUNY/Coiteges [] 06 Mental Hygiene Facilities Corp. [] 07 OTHER N.Y. STATE UNIT [] 08 City [] 09 Loca~ School District [] 10 Spedal Local District, i.e., Fire, Sewer, Water District [] 11 Village ~ 12 Town [] 13 County [] 14 Other Non-N.Y. State (Describe) 4. SERVICE REQUIRED. Check appropriate box and provide project Information. [] New Schedule of Wages and Supplements. IAPPROXIMATE BID DATE: I [] Additional Occupation and/or Redeterminafion 314PRCs PRO~cTNUMBER:ISSUED PREVIOUSLY FOR I OFFICE USE ONLY 6. Location of Project: Location on Site Route No/Street Address Village or City Town County 8, OCCUPAllON FOR PRO.ECT: [] Cons~cilon (BuiMing, Heavy Highway/Sewer/Water) [] Tunnel E] Residential [] Landscape Maintenance [] Bevato~ m~m~ce [] Extem~nators, Fumigators Signature [] Guards, Watchmen [] Janitors; Porters, Cleaners [] Moving fumiture and equipment [] Trash and refuse removal [] Window cleaners O Cl~r (~e) OFFICE USE ONLY SEE PAGE 3~VO FOR LAWS RELATING TO PUBLIC WORK CONTRACTS PAYROLL CERTIFICATION FORM do IM~eby ~ t. That I pay o~ suparvlse the payment of the Porsons employed by on U~e ; that during the payrell period commencing onthe, dayof , 20 ,mldeodhl~the .. dayof. , ~0 ,sail persons employed on eskl project have been pakl ~e ~ weel~ wages esmed {*x~p~ as lhat no inhales have besn or will b~ rsade either ~irec{l~ or Indlrec~' teoron I~half ofsald contractor, from the full wesld~ wages earned by anlt pee$on and that no deductions have been made eRher direst' or In~irecby from the full ~C~les earful by any pemen othor than permleslble deductions as defined I~/Regulations ~u~l by the Hew York State I~artment of Laber. any ranges are unpaid, as reported In Colursn '10 on the front of this fom~, explain below:, state (~ ~xc~o~s k-I PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECT~. " " . (for Contractor and Su~on~c~ ~ for W~y ~d TefephoneNo. W~kEl~l.~ or FlnalCe~on PmJe~e&~Uon: pm~gW~eS~ N~ ~P~ Name, Add--and ~: Wo~ ~ TOT~ ~TE GRINS W~ of ~pl~ HOURS OF PA~ ~OU~ O s O S Iol 0 0 0 0 ~YO~ ~ ~0~ ~ cOMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR.REGULATIONS ~;TATE; RF;GULATIONS: 1. The Contractor shall comply with the applicable provisions of the "Labor Law" as amended~ of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall bi deemed to be Included heroin and this Contract shall be read and enforced as though it were included herein, and, If through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contra~t shall forthwith be physically amended to make such inctuslon. Specifically, Section 220.E, of the'Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national ortgln In employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or Intimidated In vlolstion of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner'and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of thls bid, the bidder, offerer, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his emPloyees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he wIll not maintain or provide for his employees any segregated facilitlee at any of his establishments, and that he will not permit his employees to perform their services at any location, under' this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this cerflflcation is a violation of the Equal Oppertunlty clause in his contract. As used In this certification, the term "segregated factllfles" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms end other storage or dressing areas, perking lots, drinldng fountains, recreation or entertainment areas, transpoitation, and housing factlities provided for employees which are segregated by explicit dlrastive or ara In fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained Identical certifications from proposed subcontractors for specific time periods) he will obtain Identical certifications from proposed subcontractors prior to the award of subcontracts ex~eeding $10,000 which are not exempt from the proYIslens of the Equal Opportunity clause; that he will retain such certifications In his files; and that he will tonmud the following notice to suolt proposed subcontmctom (oxYsept where the proposed subcontractors have submllted Identical certifications for spedllo time perlnds): L-t 2. NOTICE TO PROSPECTIVE SURCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS ~)F NON SE(~RE~ATF;D FACILITIES. A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 - which is .not exempt from the provisions of the Equel Opportunity clause. The certification may be submitted.either for each subcontract or for all stibcentracls during a perlod (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers Is prescribed In 18'U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (t) The contractor wlll not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall Include, but not he limited to, the. fotiowing: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for trelning, including apprenticeship. The contractor agrees to post In conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provlsinns of this nondiscrimination Clause. (2) The contractor will, in all sollcltaflons or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3)' The contractor will send to each labor union er representative of workers with which he has a collective bargaining agreement or other contract 'or understanding, a notice to be provided by the agency contracting efficer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and appllcanta for employment. (4) The contractor will comply with all provisions of Executlye Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all Information and reports required by Executive Order No. 11246 of September 24, 1965, and by the .rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of Investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondlacrlrninaflon clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended In whole or in pert and the contractor may be declared Incliglble for further Government contracts In accordanca with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be Imposed and rnmndlas Invoked as provided In Executive Order No. 11246 of September 24,196S, or by nde, regulati?n, or order of the Secretary of Labor, or as othenltlse pro~led by law. L-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rUles, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, t965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforolng such provisions, Including sanctions for noncompliance: .~mvlded, ~ that In the event the contractor becomes Involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the Interests of the United States." 3, FEDERAL PROCIJRF-MENT RE({LILATIONS .I~OLIAL OPPORTUNITY IN I~MPI~OYMI~NT ~ Reporf~ and OtherR~n.,imd Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause Its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-I) promulgated Jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in Its place, If such prime contractor or subce!~tractor (I) is not exempt from the provisions, of this Sub-part 1-12.8 In accordance with 1-12.804; (ii) has 50 or more employees; (Ill) is a prime contractor or first-tier subcontractor;, and (iv) has a contract, sub-contract, or purchase order amounting to $ $0,000 or more, or serves as a depository of Government funds In any amount, or is a financial Institution whloh is an Issuing and paying agent for U.S. savings bonds and savlngs notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report If It meets the requirements In subdlvleions (I), (ii), and (iv) of this paragraph (a) (t). (2) Each person required by subparagraph (1) of {his paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submiffed such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually'In accordance with subparagreph (1) of this paragraph, or at such other Intervals ss the agency or the Directer may require. The agency, ~ the approval of the Diroctor, may extend the time for filing any reporL (3) The Diractqr, the agency, or the applicant, on their own motions, may require a pflme contractor to keep employment or other'records and to furnish In the form requested, within reasonable limits, such Information as the Director, agency, or the epplicant deems necessary for the admln;~.'.~ation of the Order. (4) The failure to file timely, complete, and scourge reports, as required, con~tutes noncompliance whit tim pdme contractor's or subcontra~or's obligations under the Equal Opportunity clause and is a ground for the Impos#iofl by the agenay, the Director, an epplisant, prime oontraoter or . subeontmctor, of any sanction authorized §y the Order and the reguistiona In this sub.parL Any such falluro shall be reported Iff writing to the Dlreotor by' 1-12.805.4 Reports and Ofhnr Re .m~imd Irtfnrmntion (b) Requirements.for bidders or prospective cOntractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated In any previous contract or'subcontract subject to the Equal Opportunity clause; and, If so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be In the form of a representation by the bidder or offeror substantially as follows: (2) "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated In a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained In section 30t of Exeoutive Order No. 10925, or the clause contained in section 20t' of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations Indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submittad In connection with contracts ' or subcontracts which are exempt from the clause.) When a bidder or offeror falls to execute the representation, the omission shall be considered a minor Informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. ' (2) In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated In a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor ahall be reqdtred to submit such Information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor ahall be required, prior to award, or after the award, or both, to furnish such other Information as the agency, the applicant, or.the Director requests. ( C ) IJse of reports. Reports filed pursuant to this t-12.805.4 shall be used only In connection with the administration of the Order, the Civil Rights Act of t964, or In furtherance of the purposes of the Order and seid Act. L-4 ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form Is as fellows: Standard Form No. 100 Stock Number 7540-926-2049 Title Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENT STANDARDS All contracts for constnJc~flon or repair shall Include a prevision for compliance wlth the Copeland "Anti-Kick Back" Act (18 U.S.C. 8;4) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from Inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he Is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for cons:fnmfion contracts and in excess of $ 2,500 for other contracts which Involve the employment of mechanics or laborers shall Include a provision for compliance with. Section 103 and t07 of the Contract Work Heura and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part Under Section 103 of the Act, each Contractor shall be requlrad to compute the wages of every mechanic and laborer on the basis of a standard work day of ~ hours and a standard work week of 40 hours. Work In excess of the standard work day or work week is permissible provided that the worker is compen.sated at a rate of not less than times the basic Rate of pay for all hours worked In excess 8 hours in any calendar day or 40 hours In the work week, 6eotion 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work In surroundings or under working conditions ~dtlch are unsanlta~, hazardous, or dangerous to his health and safety as determined under construction, eefety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily ~valisble on the open market, or centmois for tranaportation or lranamlsslon of Intelligence. L-$ Each contract of an amount in excess of $ 2,500 awarded by a Grantee .or Sub-grantee shall provide that the recipient will Comply with. applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submlsslen of a Bid or offe~ or the submittal of an Invoice.or veucher for property, goods, or servlcas furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council. regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and sub-grants of amounts in excess of $ 100,000 shall contain a provision which requlras the recipient to agree to comply with all applicable standards, orders, or regulations Issued pursuant to the Clean/Ur Act of 1970. VIoisflons shall 'be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies In Instances where contractors violate or breach COntracts terms, and provide for such sanctions and penalties as may be appropdats. All contracts, amounts for which are in excess of $ 2,$00, shall contain suitable PrOViSiOnS for termination by the grantee Including the manner by which It will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstancas beyond the control of the contractor. In all contracts for ~ or facility Improvement awarded In excess of $ t00,000, grantees shall obse. rve the bonding requirements provided In Attachment B to this Cimular. /UI contracts and sub-grants In excess .of $ 10,000 shall Include provisions for compliance with ExecUtive Order No. t1246, entitled, 'Equal Employment Opportunlty", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each oontractor or sub.grantee shall be required to have an affin, aflve action plan v/hich declares that It does not discrlmlnste on the basis of race, color, religion, ~reed, nstioital origin, sex, and age and which specifies goals and target dates to assure the Implementation of that plan. The grantee shall establisl~ procedures to a~sura compliance with this requirement by contractors or sub-grantees and to assure that suspected or reported violations m'e promptly Investigated. · - COMPLIANCE WITH PROVISIONR OF THE LAROR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic In the employ of the contractor, subcontractor or other pemon doing or contracting to do the whole or a pa~t of the work contemplated by the contract shall be.permitted or required to wod( more than eight hours in any one calendar day or more than five days In any one week except In the emergencies set forth In the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcentraotor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than .the prevalling supplements as detarmlned by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post In a prominent and accesslble place on *the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes'of mechanics, workingmen, or laborers employed On the work. Section 220.3..e provides that apprentices will be permlffed to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen In any craft classification shall not be greater than the ratio permitted to the contractor as to hts work force on any Job under the registered program. Any employee Itsted on a payroll at an apprentice wage rate, who Is not registered as above, shall be paid the wage rate determined by the New York State DePartment of Labor for. the classification of work he actually performed. The contractor or subcontractor will be required to furnish wrlffen evidence of the registration of hts program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior.to using any apprentice on the contract work. Section 220-e, which requires provisions by which the co~tractor with the State or municipality agrees: (a) Thai In the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate agalnat any citizen of the State of New York who Is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person en ~l.s behalf shall, In any manner, dtscriminate againat or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention Is directed to the provisions of the State law against Discrimination which also prohibits disedmlnstion In employment because of age); ( C ) That there may be deductnd from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day dudn~l which such person was discriminated against or Intimidated in violation of the previsions of the contract; L-7 e (d) That this contract may be canceled or terminated by the State or municipality, and all. moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every conb-act for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference In employment shall ~be given to citizens of the State of New York who have been residents for at least slx consecutive months Immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that If the requirements of Section 222 concerning preferen0e In employment to citizens of the State of New York are not compiled with, the contract shall be vold. Section 222-a which requires that if In the construction of the public work a harmful dust hazard is created for which appliances or.methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and malntslned and effectively operated by the contractor; and that If the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be vold. OTHER REQUIREMENTS Every State contracting agency, Including Public authorities, must Include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, '1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the depa~unent of jurisdiction and then the rate to be paid will be given by the department of Jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as Issued by the State Commission for Human Eights, requires that each contract contains a Stipulation that: alt Is hereby agreed by andbetween the parties hereto that every' contractor end subcontractor engaged in the public work described In this contract ahall post and maintain at each of his establishments and at all places at which the ptiblic work described hereunder Is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other perlinent Information. Such Notice ahell be posted In easily accessible and well lighted place; customarily frequented by employees and applicants for employment." The Nctlco may be obtalnm] from the department having Jurisdiction, or from the office of the State Commission for Humara Rights In the respective area. You are requested to refer to the Bureau of Publts Work all charges of discrimination In employment in~uding disc~mtlnatlon because of age, race, creed, color or national origin. L-8 October 14, 2008 T o All Prospective Bidders: Please note that the Demolition & Site Restoration Project at Laurel Lake Preserve is in part funded by a grant from the New York State Office of Parks, Recreation and Historic Preservation through Title 9 of the Environmental Protection Act of 1993. It is the policy of the NYS to encourage the greatest possible participation of minority and women-owned business enterprises in State-funded projects. The General Contractor, by submitting a bid, acknowledges his/her understanding and support for this policy and pledges to fully cooperate with the Town of Southold in meeting NYS requirements. If you have any questions in regards to this notice, please contact Jim McMahon at 765-1283. Thank you.