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HomeMy WebLinkAboutDirtworks (Scott Corwin) re: Bittner PreserveSouthold Town Board - Letter Board Meeting of July 28, 2009 RESOLUTION 2009-651 ADOPTED Item # 5.18 DOC ID: 5178 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-651 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON oU,~Y 28, 2009. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Dirtworks (Scott Convin) in connection with demolition and removal of the house, pool/pool house and bulkhead, at the Bittner Preserve in the amount of $25,744.10, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated July 30, 2009 Page 25 AGREEMENT THIS AGREEMENT made this 30th day of July 2009 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, Post Office Box 276, Greenport, NY 11944 herein alter 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 - Bittner 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 Twenty Five Thousand, Seven Hundred Forty Four Dollars and Ten Cents ($25,744.10). The total sum is to be paid to tho 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 fi.om 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 WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Town of Southold Scott A. Russell, Supervisor Scott Corwin, d/b/a Dirtworks Scott Co~'wi~ - Bittner' Preserve Demolition &'..Site Restoration Project "4305 SoundView Avenue SOuthold~ NY 119'7 Dated: April 21, 2009 ,INDEX TO SPECIFICATIONS Authorization to Bid Project Description Invitation to Bid Instruction to Bidders Proposal Form Statement of Non-Collusion General Conditions of the Contract Supplementary General Conditions General Release NYS Affirmative Action Certification NYS Prevailing Wage Rates Payroll Certification Form Compliance with the Labor Law and other Dept. of Labor Regulations Project Specifications - General Requirements Bittner Preserve Drawings A-1 & A-2 (A-la) RESOLUTION 2009.321 ADOPTED DOC ID: 4934 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009.,321 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON ~PRIL 21, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and direc,ts the Town Clerk to advertise for bids for the removal of the house~ pool and bulkhead at th~, Bittner Preserve~ in accordance with the' plans & specifications prepared by James Richter~ RAt Office of the Town Engineer~ Town of Southold, Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Ir., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wick. ham, Evans, Russell PROJECT DESCRIPTION Bittner Preserve - Demolition and Site Restoration Project Demolition and removal of the house, swimming pool, pool house and bulkhead and other miscellaneous debris, at the Bittner Preserve, as outlined in the Plans & Specifications prepared by James Richter, RA, Office of the Town Engineer, Project Location: 4305 Soundview Avenue, Southold, NY 11971 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 approvals having authority, control or jurisdiction over the herein described work. Request for further information and all inquires shbuld be addressed to the Department of Public Works: Attention: Jim McMahon, Director of Public Works 765-1283 or Jamie Richter, RA, Office of the Town Engineer 765-1560 INVITATION TO BID Proiect Demolition and removal of the house, pool, pool house, bulkhead and miscellaneous debris, at the Bittner Preserve, 4305 Soundview Avenue, Southold, NY 11971. The Town Board of the Town of Southold will receive bids at the Office of the Town Clerk, Southold Town Hall, 53095 Main Road, Southold, NY 11971, until 10:00 a.m., Thursday, July 16, 2009. 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 fight to waive any informality and reject any or all bids and to retain for 45 days from the date of receipt The Contractor shall not withdraw his bid during this period. Please advise if you intend to bid or not Dated: By Order of the Southold Town Board By: Elizabeth A. Neville Southold Town Clerk Instruction To Bidders A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidder shall write in ink, both in words & numerals, the price being proposed: to furnish all materials, equipment, tools, labor and services necessary for the proper completion of the work in accordance with the plans and specifications and subject, at all times, to the approval of the Town of Southold. Each proposal must be signed in writing, with the full name and address of the bidder. Proposal shah be addressed as indicated on Invitation for Bids and shall be delivered, enclosed in an opaque sealed envelope marked "Proposal" bearing the title of work, and the 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 considered unless accomp~anied by a ~uarantv in the form of a bid bond or certified check in thc an~unt of 5°/~the total bi~d, oava~le to the Town of Southold.. ' ~/ ~- As soon as the p.r. oposal price have bee~a'r~, the Owner shall return the bidder's bond or the certifi.ed chec. ks accompa~yin~'s~c~ proposals as, ia his judgment, would not likely be involved in making the awar~ ~ot .her_ proposal qu:~ntities will be held until the contract and contract .b. ond have bee~cuted after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the specifications, visit the site and inform themselves of all conditions and matters, which can in any way affect the work or the cost thereof. Should. a bidder find discrepancies in or omissions in the specifications or other documents or should he be in doubt as to their meaning, he should at once notify the Southold Department of Public Works Office who may issue a written instruction to all bidders. D. PUBLIC OPENING-OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents and other intergsted parties are invited to be present. E, AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest bidder, if it is in the best interest of the Town of Southold. No bid may be withdrhwn after scheduled closing time for receipt of bids for a period of 45 days pending execution ora contract by the successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document Al01 "Standard form of Agreement between Owner and Contractor (StipUlated Sum). The Town will either award the p oject or reject all proposals received within forty-five (45) days after the formal openings of proposals. The acceptance of proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred (100%) of .the contract prices of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her request 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 right to waive any technical error and to reject any and/or all proposals. Without limiting the generality ofthe foregoing, anyproposal, which is incomplete, obscure, or irregular, may be rejected; any proposal accompanied by an insufficient or irregular certified check orbidder's bond may be rejected, any proposal having interlineations, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that he has available or under his control, plant, equipment and materials of the character and in the amount required to complete the proposed work in the specified 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 corporation, a duly authorized representative shall so appear, and execute two (2) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (I0) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town of such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's 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 shall fail 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 there of shah be null and void, and the Town shall be entitled to Hquidated damages as above provided. J. TIME FOR EXECUTION OF CONTRACT WORK The contractor shall commence work on the date stipulated in the notice to proceed, which will be given to him by the Town of Southold. The contractor shall Complete the work on the day specified by the Town of Southold, within a 24-hour period, as set forth in his proposal, bUt not more than ninety (60) working days. PROPOSAL FORM DATE: Name of Bidder: To: Southold Town Board Town Hall - 52095 Main Road Southold, NY 11971 Members of the Board: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principal 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 that no person acting for or employment by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents, including bidding requirements, contract, general and special conditions, specifications, contract drawings and addenda, if any; that he has satisfied himself by personal examination of the proposed work and by such other means as he may have chosen~ as to the conditions and requirements of the work; and he proposed and agrees that ffhis proposal is accepted he will contract to furnish all equipment and materials required to construct, perform and complete the work at: The Bittner Preserve 4305 Soundview Avenue Southold, NY 11971 and all other work in connection therewith, in accordance with contact documents and addenda, if any, prepared by the Town of Southold and shah comply with all the stipulations contained therein and he will accept, in full payment thereof as listed below: TIlE CONTRACTOR SHALL PROVIDE ALL OF THE EQUIPMENT AND MATERIALS TO COMPLETE THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. TIlE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR TIlE STIPULATED "LUMP SUM" OF: 1. "Bid on Demolition and Site Restoration at the Bittner Preserve" (written in words) (written in numbers) We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Telephone Number: Date: STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In acoordanee with SedJon 103-ci General Muntdpal Law, effe~ve September 1, 1966, every bid or proposal hereafter made to a pollt(oal subdivision of the State of any public department, agency, or offloist thereof or to a fern dtst~tc~ br any agency or official thereof f~r work or sauces pedo~ned ~ to .be periormed or goods sold or to ~ sold, shall ~ontaln the following statement subscribed to by the bidder and affirmed by such blddsr as true under the penalties of penury; non-collusive bidding esdltlcation. A. By submission of this bid, each blddei' and each person signing on behalf of any bidder car~es, and In the case of a Joint bid, each party thereto certifies as to its own organization, under penalty of padury, that to the best of knowiedg~ and belbf: (1) The prioes In this bid have been ardve(~ at Independently without collusion, coneu/tation. oommur~cetion, or agreement, for the purpose of metrl~ng competl~n, as to any matter relating to such p~es with any other bidder or any competitor. (2) Unless o~herwlse required by law, the prices which have been quoted In this bid have riot been knowingly disciosed by the bidder and will not knowingly' be dl~;close~ by the bidder prfor to opening, dlmc~y or Indirectly, to any other bidder or to any competitor. (3) No affempt has been made or wlll'be made by the bidder to Induce any other person, parthemhlp, or coq~oretiofl to aubm~ or not to submit e bid (or the purlx~e of mstdc~ng compet~on. B. The person signing this bid or proposal ~fles that he has fully Informed hlthself regarding the accuracy of the statements conislned In this certification, and under the statements contained in this certification, and under the penalties of perju~, affirms the truth thereof, such penaRies being applicable to the bidder, as well as the person signing In Ils behalf. C. ThM attached hereto (if a cerpemte bidder) is a certified copy of resolution a~u~o~zlng ~ execution of this cerflticate by the algrmture of this bid or pmpceal en behalf of the corporate bidder. RESOLUTION Resolved that of the. be . . theme of ~.atoq~ authadm~ ~ ~ ~ su~ ~ b~ ~s~ of~ ~on f~ ~ ~ ~j~: ~ Pres~ ~fion & S~ ~tion ~.~ ~nd~ A~e, SouthoM, ~ 11~1 ~ ~ ~ ~ ~ ~~e ~e · ~ (103~) ~ ~e G~ ~1~ Law as ~s or mlss~is th s~ ~A~te ~is ~te b~d~ shall 'l~e foregoing is line afld corre~ copy of the resolution adopted by cOr~ at a meellng of. the day of ,20_ (SEAL OF THE CORPORATION) t~l. 741, ~es. 1fi.el, .u &.nencl~ & efi~c~ on 8ef~emhi. I, .,IHS. Signature O-1 S T l T UTE OF A R C H { T ~ · AIADocumentA20l General Conditions of the Co. ntract. .for Construction-' THIS DOCUMENT HAS IMPORTAI~ LEGAL OOHSEI~UBNCE$,. CONSULI'AITON P/i~ H ~,N ATTORNEy IS ENCOURAGED WITH RBRPECT lEI ~ ~OlJli~iCATIO~i · 1-987 EDITION TABLE OF ARTICLES 1. GENqiRAL PRO'VISIONS 3. CONTRACTOR 4.. ADMU'U,WRA'noN.oF T~. 6. ~U~ON BY O~ OR BY 8. TIME 9. PA~ ~ COMPLETION 10. PROTECTIOI~I OF i~ERSONS .AND PROPERTY ~ L xSstm~C~. ,urn ~s · ~. t,.cow,~o ~ ¢om~c0. o~ o~ wo~ ~. msc,,.,~us ~'~o~o~ 14. TBEM]Na~'IION OR SUSPENSION OF THE INDEX A~meptanee of Nonconformity{ Work ......... '9.6.6, 9.9'3,12..m Aoceptance of Work ........... 9.6.6,9.8,2,9.9'3,9.10.1,9.10'3 Ac~e~s to Work ........................... 3.16,6.2.1, 12 1 Accident P~evcotlon .............................. 4.2'3, l0 Acts and Omissions ... $.2.1,3.2.2, 3.5.2, $.12.8, $.18, 4.2.5, 4.3.2, . 45.9 83 I I0.14, 1025, I$ 42, I$ 7, 14 I Add,reda ..... I' ' ...................................... 1.1,3.11 Additional Gost, Claims for..; ...... 4.3.6, 4.3.7, 4`3.9,6.1.1,10'3 AddlUonal I~[x~lom and Testing ........ - 42,6, 9.8.2, 12.2.1, 1~.5 &d~tioml ~e~ ~mdfor...; .......... 4.~.6, 4.3g 4.3.9, 8.3 2 ADMINI,qTRATION OF THE COHTRACT ....... 3'3'3, 4, 9.4, 9~5 Adv'ettisement or Invitation to Bid ............. : ...... ;, 1.LI" ,~1o,,,,,,~ ...::::::::: ................ ;:... AU-risk Insurance. ' ........................... ................................ 11.3.1.1 AppHe..at{onmforPaymeni .. 4.2.5,7'3.7,9.2,9.$,9.4,9.5,1,9.6'3, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 11.1.$, 14.2.4 Approvals .... 2.4, 3-3.3, 3-5, 3.10.2, 3.l 2.4 through 3.12.8, 3.18'3, 4.2.7, 9-32, 11.3.1.4, 13.42, 15.5 .~ebitt~tlon .............. 4.1.4, 4.$ .2, 4,3.4, 4.4.4, 4.~, 8.3.1, 10.1.2, 11.3.9, 11.3.10 ~'chlto~ I:~firlition o f ............................... 4~I.1 Arddtec~ E:ct~mt of Authority ........ 4.4, 5.2, 6'3, 7.1.2, 7.2.1, 7'3.6, 7.4, 9.,l, 93.1, 9.4, 9.5, 9.6`3, 9.8.2, 9.8.3, 9.10.1, 9.10.3, IL1, 122.1, 13.5,1, 13.5.2, 14.2.29 142.4 Arcl~tec% LIml~ons o f Au~ottt~ md R~llRy, 3.12.11, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 42.12, 4.2.13, 4.3.2, 5.2.1, 7.4, 9.4/' 9.6.4, 9.6.6 ArcbJAecl's Addi(ional Services snd E.xpen$¢a .......... 2.4,9.8/' 11.3.1.1, 12.2.1, 122,4' 15.J.2, 13,53, 14`2.4'. Archlteo~e kdmlnlslr~gon o{ the C<mlr~l .......... 4.~ 43.6, 4.3.7, 4.4, 9.4, 9.5 Archib:c('$ ~prowals 2.4, 3'3.1, 3-10.2; 3.12.6, 3.i2.8, $.18'3,4.2.7 ~xtdtect'$ Aufhodty to P.c~ct Wo~ .... 3.5.1, 4.2.6, 12.1.2, 12.2.1 ........ a:,;: a. /~"~ .......... ~.2:~ ~:4~.~.~,'~. 9.9.2, 9.10.1, 15.5 9.~ 1, 9.1~i, 15.5 ~.{v%, ~-.~.1, ~.7,$, 5.11, $.122, S.12.11, S.16, 5.18, ~ 42.4' 42,6, 42.12, ~/' 6,,22, 7.~.{, 95/, 11.~.7, 12,1, 15.5 Building P~rmtt ................... 0ap{blllZ~on ........ ' ................ 3.7.1 ~t~forP~m ~ '-~'~';T~':: ......... 9.e.~ ............ ' ~'~'~, Y'~ '3, ~.4' 9.5, 9.6.1, 9.6~, 9.ZI, 9.8'3, 9.10.1, 9.10`3, 13.7, 14. 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I I 1 ~a~r'~ ~loy~ ........ i~.~, 8.1.2, 10~, 10~, 11.1.1, ~r's ~o~ ~ ~., ...... '-12.~, ~ 3.2, 5.~.~, ~.5.1, ~.73, ~.11, ~.12~ ~.16, 3.18, 4.23, 4.2.~, 4.2.12, ~.2, ~.2.2, 7~.( ~.2, 113.7, 12.1, 1~.~ P~o~ ~e Wo~ ................. 33~, ~.18, 4~.3, 10 ~s ~wof~ ~ ...... 1~.2, ~.2, 3.7~ ~n~o~s ~t to Stop ~c Wo~ ...................... 9.7 ~oCs S~t ...................... ~.~, 102.6 ~3, t-~ 4~3, 8~, 8.23, 10 ~b~ ~ ................. 11.1.1.7, Il2.1 ~d~on ....... 122, 12 4,~ ~ 1, ~,10, 5.12.7, 6113, ~2.1 ~ofD~d~ ..: 13,2a~, ~.11 ~Wo~ ..................... s.~.l, 12.1~, 12~, 6.1.I, 6~, 63, 7.533, 73~, 73.7, 9.7, 9~, ~.10~, i ~2.4, J.~.l.~, lOl. l~ I0~, I~, Il.I, !13, ~~~W~ ......... 8.1~ ~~~~ .............. 8.13 - 9.~ 9~.1, 9~ 9~.i, !~1~ I~2, 1422, !~.4 4~ 4~, 9~ 9~ 9~.1, !0~, I~ ~.7,1~ ~~ ......................... ~.l · LI, ~ 7Z~ 73.1, 73~ 73~ Emergenoies ......... r ....................... 43.7,10.3 Emplo ycc~, Con~'~cto~'s .... ~.10.2, 4.2.~ 4.2.6, 8.1.2, 10.2, 10.3, ll.l.l, lklulpm~nh Labor, MatexJ~l~nd ....... I 1.3, 1.1.6, ~.8.2, ~.12.~, ~.12.7, }.12.11, ~.1~, ~.1~.1, 1.2.7, ~.5.1, 4~, 4.2~, 43.4, 4.3.8, 6.2~, 7.1.3, · 73.9, 8.2, 83, 9.5, ~.9.1, 10~, 141, 14.3 ~n, ~gofl ~1~ of ~c ~n~a~. - ........................ F~ of~t by~fl~r ...... 95 1 ~ 14~ 1 2 ~o~ (~ ~ o~ ~ Wo~ F~al~on a~ ~lpa~ ........ 4.2,1, 4,2.9, 43.2, ' 43.5, g.10~ 1Lt.2, 11.1.3, I1,~.5, 123.1, 1~.7 F~~. ~s ........................ i~.l Fkc ~d Ea~ ~v~ ~ ................... 11.3 .................................... ~~ ........... "- ............... 1~.1,10~.4 I~nof~ ~ ........ I~ 1 ....... to=, 0.L4,'ii$'iihz ' 43.4, 6.13, 6.1.~ 6~.6, 93.Z, 9,6.1, 9.6.~ 9~3 ..... ~ .................. ~ ~3, 53.~ 5.7.1,4~, ....... 43~- 6.1-1~ 73~.~ 93~, 9~, 9~.1, 9.10~ ! i ~~of .................. ~~ ........................... to~.5,~1A ~~~ ................. !i~,!0 ~~~ ................ ~a3,~.~.4, ~ ...... ;. l~, lill~il.I,O.i~.l~tlJ, 8.1A ~W~ .......... ~.11,4~4~.7 ~~A~ ................ ~I,~.t~.Z Limltatlor~ o f Liability ..... 2.3, 52.1, 5.5.1, 5.7~, 5.12.8, 5.12.11, 5.17, 3.18, 4.2.6, 4~.7, 42.12, ~.2.2, ~.4.2, ~.~.4, %10.4, 10.1.4, 10.2.5, 11.1.2, 11.2.1, I 1.~.~, 1~.4.2, L~ of~c~ ~ ........... 2.2.1, 2.2.4, 5.2.1, ~.7.5, 5.8~, 5.10, 5.12.5, ~.i5.1, 42.1, 4.2.7, 4.2.1 I, 4.33, 43.4,43.6, 4.5,9, 4.5.4~, 52.1, .5~3, 62.4, 7.5.4, 7.4, 8~, 9.5, 9.~.2, 9.8, 9~, 9.10, ll.l:~, 11.5.1, 113.2, 11.5.5, 11.5.6, 12~.1, 12~.2, 15.5, 1~.7 .~.15.1, 4~.1, 42.li, 43, 4.4, 4.5, 5.5, 5.4, 7.5.5, 7.5.9, 82, 9.2, 9~.1, 93.5, 9.4.1, 9.6.1, 9.7, 9~, 9.102, 11.1.~, 11.3.6, 113.10, 113.11, 12~.2, 12.2.4, 12.2.6, 157, .............. L J. 93.1, 9.5.1.2~ 9.5.5, 9.42 9.6.5, 9.10.4 ~t~ ~ ........ lO.l, I02.4 ~t~, ~, ~m~t ~ ..... 1.1.~, I.I.6, ~.4, 3.5.1, 5.82, 5.12.2, 5.123, 5.12.7, 5.12.11, 5.15, 5.15.1, 4.2.7, 6.2.1, 7~.6, 932, 9.3.5, 12.2.~ 14 ~~-' ............................... ~Wil~~ .................. ill Ho~ Wo~ ~ ~t~ of ........ 23.1, 5.~.9, 5.17, 43, ~ 4,5, 5~.1, 5~, 5.(1.1, 8~ ~.4.1, ~.5.1, ~,6.1, ~.7, ~.10, 10.1~, 102~ IIA3, 113, IO.l~, IO~.g, 11.13, 113, 1222, 122.1, 131, 1}.52, 14 ~P~~ ...... 2~,3.?,-~.I~, 73.6~ 1022 O~~s ........... i' ..... :~ .... 12~a ~ ......................... 9.6~ 9il, 9.9, Ii~,il ~~~ .......... ~a,~s,~, 9-~, 9~ 9~ 9.10.1 Ownees Pdght to Perfom~ Constmotlon and [o .:' ' .. Award 8epmrate ~ ..... . Own~Pdshtt°SusPctldthcW°£kL '" .... ' ' :, ' 143 Owt'~s l~t ~ T~ctmL~te the C°ntract ....... 14.2 Ownere/Mp and U~ and OtherDooumems 1 z Patents, Floyali{em and ................... PaYment, A{~u{{~o~ ~gr ...... .... ........ Payment, Oe~fioates ~or ........... 4`2-5, 42.9, 93.5, $.4, 9.5, Payment, FMl~ire of ....................... 43.7~ 9.5. I Paymeni Bond, Per~ormanc~ Bond and .............. 7.~.6.4, Payments, Progre~ 43.4, 9.5, 9.6, pi~6ms A~o cotwt_,moa ....... Penu~, Fees ~{ {,{otk~.. ~ .... 2.z3,$.?, ~.15, 73.6.4,102.z ~' .................' .'.'.' ' "to i P~~ .. . It~les end Hotio~ for A~ltritlon .. ..................... 4.$.2 8elety of Persem ,,nd Property ....... ................. 102 8~, ~of .............................. ~.123 8~ ~8~ ~me~ ................... ~.11 ~, ~on .............................. ~.10 ~UH~ .............................. 8,~, 6.1.1, 6.~;1 ~ ~o~... 1.2.2, ~.5.~, ~.~.2, d.2.9, ~.3.6, 9~.~, 9.1o. 1, 13.5 S~.~m ~d T~ .............. ~.6, 12.2.1, 8~, ~0on o~e ............... 1,1.~ 8~,~ .......... 1.1.1,1.1.$, 1.1.7, 1.2A, 13, ~A I ~of~m .................... ~.SA.~, IGC.6, 1~.7 ~c~o~ ............. 23, ~3.7, ~.7, 10.12, 10~, ~, ~n of ............................ 5.LI ~.63, ~.~, 10.1.1, 113.7, 113.8, I~.LI, I~.!~, 1~32 ~.6, ~, ~.~.i, ~2, ~.9,1, ~.!0~, ~.103, 10J2, 11.13 ~ ~'~t~ ........................... 4.1.5 ~OfM~ ............................. $.5.1 ~~nof ....................... 5.1.2 ~~ ............................ isa ~.~ ............................. ~ 102.6 42.3, ~.~ 6.1~, ~,~ ZI~, 73.4, 82, 8~.1, 10, 1~ 14 Suspension by the {hvnet for ~odv~ie~e ', ............ ~o~ of thc Work ............. 43,?, 5,4.2, 14,1.1,4,14.3 $u~p~nsion or TemdmtQon of the Contract.. ..... 43.7, 5.4.1.1, 14 'raxe8 ...................................... $.6,73.6.4 'rermlnellon by the'Oontmotor ....... Terml,.~o. ~ owner forcause ........... '.' ¥.i'i i,~4:~ Telmln~on of th6 ~-cttR~-t ...~ ..................'. Temll~llon of II~ Gonttactor .... : ................... 14,2.2 TESMffiATIO~I OR SUSPEHSION OF ~E CONlltACi ...... 14 Tests Ired Insl~ffiolls ..... 3,33,4.2.6, 4.2,9,9.4.2,12.2,1,18.5 Tlm~I,Iml~r~ Spc~Q¢ ......... 4.2.1, 4.2.11, 4.5, 4,4, 4.3, 5,5, 5,4, 7.3.5, 7.3,9, 8.2, 9.2, 93.1, 9.3.3, 9.4.1, 9,6.1, 9.7, 9.8,2r 9.10.2, 11.13, 113.6 11.3.10, 113.11, 122.2, 12.2,4, 122.6, 13.?, 14 ?lrne U&~ on 0~lms ......... 43.2, 4J.6, 4.3,6, 43.9, 4.4, 4.5 'll~ to '~odr ..... ....... ;..... ................. UNOOVBRffi~ AND O0~IREOTIO~ OF WORK ............. 12 Un~ovedng o~ Wo~c ................................ 19,~1 U~ Co~ltlons ..................... 43.6, 8.5.1,10.1 l/nl~ l'd<:~ .................................. ?.L4, 73C3.2 Use of Documm~ ................. !.1.1.13, 2.2.5, 3.11.?, 5.3 Use o{81te ............................... $.15,6.1.I,6.2.1 W~/~ef ~ O~ln~ FInsI Pelrmeflt ........... 4.~.6, 4.5.1,9.10.~ Waiver ot ~ms b7 ~t~ l~l-clfl~ ...................... 13.4.2 Wlc~ o~ ct~lm, b~, 0ac ~ ......... 9.10.4, 113.7, Walwt O~ Claims by th~ Owner .............. · 9.10.3, 11.53, 113.5, 113.7, 13.4.2 W~,et of Liras .................................... 9.10.2 Walve~ of Sub~ ................... 6.1.1,113.5, 11~.7 WATan~ *~id Wamm~k~ ......................... 43.5.~,, 9433, 9.8.2, 9.9.1, 12.2,2, 13.7.1 ~r~h~ I~la~ ................................... ~aen ~:- A~o~ M~ 8e ~ammled .................. 4.~.4 · 'otk. Ddtnl0~o~ of ........ ;- ........................ 1.1.3 Wfl~ Con.e/it .......... 13,1,3.12.8,~,.14.2,4.12,4~,,.4, 4.53, 93.2, 9.8.2, 9,9.1, 9.10~, 9,103, 10.12, 10. L3, · 11.3.1, 113.1.{ 11.~.11, 1}.2., W~ HO~l~ ...... - ..... .4.~, 3.2.1, 53, 5.4,1.1, 82.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.12, 102.6, ILI...~, 11.5, 122.2, 122.4, I$~, 13.5,Z, 1.4 Vffitea 0~dets .............................. 7, 8.22, !13.9, 12.1, IL2, ~$.2, 14.~,.I oo. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 fiASCO DEFINITIONS 1.1.1 ~ CONTRACT DOCtJMENTS i'he Contract Docum~ta ebnaist of thc Agreement between Own~ and Omtmctor (he~dnaf¢~ the Agreement), Coaditlom of the Coatract ( C, ena~/, Suppla~aentaq, and o~h~r Conditions ), Drawings, Specifications, addenda issued prior to exeeutinn of the Conu~,ct, other documents listed in the Agreaneat and Modi/katlons issued after executinn of the Contract KMod/fi- cation is (1) a written ammdment to the cont~ct ~ by both p~l.._e~, (2) a Change Order, O) a Comtlu~ Change Directive or (4) a written orde~ for a minor dlmge in the Work issued by the Arohitect. Unleas specifically enumerated in the Agreement, the Contact Document~ do not include other documents such as bidding requirement~ (adv¢cd.~:~eflt or Invitation to bid, Instmctiom to Blddee$, sample forms, the Conwactor'~ bid or pocdons of addenda ~ehting to bidding requlreme~). 1.1.2 'IHE CONI~ACT The Contract teprc~nts'the entire and in{x:gr, ated sd~c~ment between ~ ~ heecto and supersedes prior n~,o~tion$, tract may be amended or mod/fled only by a Modi/katlon. Thc tual ~httoa,~lp of any ~d (1) ~ the Archl*~t md Con.. mbenmr~to~ or O) bctween any pe~som or ent/~le$ oth~ than ~titied to pedotmmce and eaforcemmt of obllv~bm unde~ ~h¢ Coat/act intended to facilitate perfom'ml~' of the Arddtect's durie$. 1.~.~ 'n~ WOnK The tam "Work" means ~h¢ mmtmctlon and 1,1.4 YHI{ Pl~O~ll¢l' ment, conatmc~don ~},$tem~, standards and workmanship for · e Work, md ~m of r~ se~. 1.1.7 ~E P~ ~. Work ~i~ ~y ~dU~ ~e ~d~ ~U, ~ 1.2 ~U, ~n~ ~ lg.1 ~e ~m ~ ~ ~ ~ br ~e O~ O~ or ~n~r. or ~ ~ not ~ ~ ~ ~n~ 1.~ ~ of ~e ~m by ~e ~r b.a fo~ ~d ~ ~ ob~m ~ ~ ~ork without the specific written consent of the Owner and /~rchltect. The Contractor, Subcontractors, $ub~ubcontractots and martial or equipment suppliers are gamed a limited license to use and reproduce applicable porUon; of the Draw- inS, Specifications and othe~ documents prepared by the Architect appropriate to and for use in the execution of thek Work uader the Contract Doct~nellts. All.copies illafl¢ under tl~ license shall b~ar the statutory co'pyrl~t aotlee, if any, shown on the Drawings, Speelfl~t{om and.oth~ documents prepared by the Architect. Submittal or dlstrthution to meet oflktal rc'gulatory requirements or for other purposes in con- nectlon with this Project is not to be eom-trued as publication in derogation of the Architect's eopyflght or. other reserved ~4o.1 Termz capitalized In these General Conditions fnclude osc which are (1) ~¢clflcdly defined, (2) thc titles of hUm- hexed articles and identified rffcvmces to Paragraphs, Subpa~- graphs and Clauser In thc document or (3) thc U~tles of other- documents published by the Amcric~ Institute of Archke~. 1,$ ~xffl~o, Pnl~Krlo~ 1.~.1 In thc interest of brcvlty thc Contract Documents ftc- quentiyomkmodifying~ordssuchas "all" and "any" and atti- reticle is absent from one $tatemerat and appea~ in another Is not totmi:led to affcct the interprctatinn of ei0nc~ statement. OWNER 2;1 DEFINITION ~1,1 The O{mer is the person or en~/tr identified as such in the igmemem and is r~effed to ~awughout the Contract Documents as if singular in number. The term "Owner" meins .the Ov~n~ or the Owner'a authorized eepeesentatlve. ~o the Contractor in writing infocmatk:o whkh is neee:m~ and ~he Ownes's interert therdn at frae time of executinn of the ments and ch~es required for consm~ion, use or of permanent stmetures or for pennanefit changes in ex~thag P,2.4 information or ser~lc~ ander the Owner's conttolR~alt be furnished by the Owner With rcasonable prompta~ to avoid .delay In orderly progre~ of the Work. ' 2.2~ Unlc~ otherwise provided in the Conu~ct Docu~¢rffs, the Contractor w~l be fumisbe~ free of cha~,.such cop~ of Drawings and Project Manuals as are reasonably necesmy for execution of the Work. 2.2,6 The foregoing are in addition to other duties and r~pon- slbfllties of the Owner enumeeated herdn and espec/aliy flio~e in respect to ta~ide 6 (Con,wuetinn by Owaer or by S~wate Conwactors), Ardcle 9 (Payments and Completion) and trticle I 1 (Insurance and Bonds). 2..3 OWNER'S ~ TO STOP THE WORK 2.3.1 If the C6ntmctor fails to cotrec~ Wo~ which is as required.b7 ~ 12 2 or per$is~mtiy fa~ to canyout Work in accordance wlin thc Contract Documents, the Own. er. by written erda' signed persumlly or by an agent si6ec~caliy empowered by the Owne~ in ~,rliing, may orcka' the tot to stop Ihe Wotx~ or any potlinn thcrenf, an~ the cause for such order has been ~ howev~, the dght of the Own~ to stop ~he Work shall not g~ve dsc to a dut7 on ~e part of the Ovme~ to e,~,~ctse t~s fight for the benefit of the Con. uactot or ahy otl~r person or entlW, exa=pt to the 2.4 OWI~R'S ~ TO e,N~¥ O~' ~ WOrK 2.4.1 Il' the Contr~aor defaults or ne~ect$ m can7 out the deC~ult or mgiert with d~t~, .~,~. ~. :t, xl pt~anixae~, ~ Owner wrlteen no~e to eor~ct Such deflctend~ wlfl,laa a ~econd ~-vea41ay po~od. If .thecomraetot wlfl~n ~uch ~xo~l ~veo- day P~d al~' receipt of tach ~ond no~e f:~ m com. mencc md eonUnue to i:orrect any def~l~:tcs, thc Ow'ncr r ~.$A 'ihe (~oatr~tor Ihalt i~ tzx~potull~ ~ ofpor 3.$ · WARRANTY 3.6.1 Tl~ Co~tracior warrants to the Owner ~nd Aw. hltect materla~ and equipment futr~hed tinder the Contract w~l of good quality and new unl~ othenv~ required or pemft- ted by the Contract Docu~ent~, that the Work will be from degec~ not inherent In the quality nXlUl~d'or perm~md, and that the Work'wfll conform with ~he requL~ent~ of the Contract I~ument~. Work'not conforming to the~e require- mints, tndud/ng a'ub~totlons not properly ~proved ~md author/zed, may be covatdered defective. The Contractor's warranty exclude~ remetl¥'/'or damage or de~ct caused by' abuse, mod/flcatlom not executed by the Contractor, Improper or hsu~dent malntemnce, improper operation, or normal wear and tear under normal u~ge. If requh'ed by the Arohltect, the Gontractor ~/umlsh ~tlsfactory evidence ~ to the kind and c~ual/ty of mated~ and equipment. $,6 TAXES a.$.1 The (2ontvactor ~ pay ~ale~, ~un~umer, use and dm/ar ~axe~ ~or the Wodc or poatom thereof provided b~' the Con- tractor which ~ legally' e~cted when bids m'e receired or negotlattova concluded, wh .e.ther or not ya effect/ye or me. Ir .~hedu~:d to g6'~nto effect. 3.? PER'frS, F~ES ANO 3,7.1 Unle~ otherwise provldeci in the Contract Documents, the Commctor shall .secure and pay for the butldin& pemflt and necessarr for lx~per execution and comple~ion o~ the Wozk and which are legally required when bids are lecetved or nego- a.r~ The c~t~,~tor ~ ~¥ ~th ~d s~ ~ required by hw~, ordlmam~, rule~, retxdaebns and orde~ of public ~uthotttles bearing on performance o/. $.7.~ It l~ not the Concmcxo~s ~ty m sscerlala ~t .3 slt~, ~r, ~n ~, ovcrh~ pmflr ~d o~ ~ wm~ ~r ~ ~o~ ~o~ ~ ~ hdu~ h ~ ~n~a ~ md not M ~e ~o~; · 4 ~ ~ ~mo~ ~mor ~ ~o~, ~ (1) ~c ~ ~ ~ ~ md ~c ~n~aor's ~s~ ~ ~ 3,8.2,3. ~ ~ ~t ~. O~ ~~ ~ ~ s~y ~ on 8,10 ~ ~ p~ md sub~t ~r ~c ~'s ~d ~tc~'s ~ a ~n~or's ~ ~e for ~ Work. ~ ~e ~ ~ ~c ~c P~ to ~c ~mt ~ by ~e ~n- ~ m~ of ~c W~ 8;10~ ~c ~ ~ ~ ~n~$ ~ ~ ~d ~o~ ~~ ~to~~. whlch submltta~ are eequLrcd thc way the Contractor propose~ to conform to thc information given and thc deaign coneeot expmased in the Contract Docum~mt$, Rcvtcw by tile Ardatcct is subject to the limitations of Subparagraph $.1~.5 Thc Contractor ~ rc~lcw, approvc and ~bmit ~o thc Aw..hltc~t Shop Drawinga, Product Data, ~$ample~ and able promptoe~ and in such sequence as to cause ao d~ in the Work or ia the activities of file Owner or of separate tractom. Submittals made bF7 the Coatractor which are not requlr~ by the Contract Documents may ~e returned wlthou~ action. $.12.$ The C6ntracux shall perform no portl0n of the Work requiring submittal and review of Shop Drawln$, Pn~uct Data~ Samplea or slmll~r aubmlttal$ until the reapectlve submit- tal has been approved by the Arcfiltect Such Work shall be in SJ~.? By :q~rovlng and submlttlng Shop Drawings, Product Data, Sampl~ and similar submlu~, the Contractor that the Contractor' has dctennmeXl and vcr~ed matedal$, ~teld meaaure~aents and field omstru~don ctitea~a related thereto, or will do ~o, md has cl~dr, ed and ~oordlmted the information cuntain~d within ruth submittals with the requirements of the Work and of the Contract Documents. $.~2.~ The Contractor ~ not be rdieved of re,~t~amlblllty for deviations from requlremen~ of the Contract Documents by the Ard~t's approval of $heO Drawing, Product Data, · ~u~Xole~ or dmllar'rubmitta~ unlea~ the Contractor ha~ spe~fiolly informed the Ardflt~t in wilting of Such deviation :~proval to the $1:~tfle doviatlo~ '11~ Coatractor ~fiall not be Inga, Product Data, Sam0{~ or $1ml~. submittals by .the $.12.~ The CX~tractoe fla:ll dlroa ~c~c att~xlon, ~ ~mlbr anlm~ittal$, to revisions ~ than those requited by $.1L10 lnfommloml ~amittal~ upon ~ the An:hlteat is · &!4 Owner or a ~mtrate contractor ~:arcqot with written conser~t the Owner and of such r,~oara~e contractor; ~uch consent not I:e unmasonabl~ wRhbeld, Thc Co~tractor shall ~ot ~- sonably ~tthhold from thc Owner or a separate contractor thc Conh"~or's consent to cottlng or otherwbc altering thc Work. 3.15 mina UP ~.15.1 *7'n= Co~Lr~cto~ sb~ k~cp thc ptcmis~'md surround- ' <~.u~ b~'op~'=t~ns umler thc Contact. At co=pl~o~ of thc Work th= Cont~cto~ ~h~ ~mov¢ ~om =d ~bom thc P~oJcc~ $.15.2 If thc Cont~ctor ~ to ~ up ~s provided Lq ~ Contract Documcnts, thc Owner n=¥ do so ~d thc cost $.16 ACCESS TO ~ORK ~.16.1 Thc Con~c~o~ s~ p~ov~t¢ thc Ovmer ~d =cc~s to thc Work In' ~on and pro~ wherever" ~.17 ROYALTIES ANO PATENTS pat~'~t rlght~ and ghall hoid the Owner and Archlea harmless rcrom loss on account thereof, but shall not be i~oonslbl¢ for such ~kffa~se or lo~ when a particular deggn,, process or prod. · uct of a Pa-'tta~r manufaam~ or manufimm~,,, is required by It~ Con~ot Docum~ts. Howcver, If the Contlactor bas ~- s°n to b~t~n~ that thc required d~lgn, proc~ or product ts an i~lrlngement of a patent, the Comtaaor shall be r~pomtble for such !o~ unlc~ tach Information Is pmmpO¥ fumlsbed to thc Architect 3.15.1 To the ~'est extmt permltt~ by law, the t~t's consultant, and a$,~n= *nd ~ of any of them ~rom potfonnano: or,he Work,.lx-ovl~d ~tmch chlm, dam- me wo t l dO Including or r=ulang tect's, corisul~,iilts, and agents and emg. loye~ of any of ~ arb'lng out of(l) the preparation or approvalofmap,, draw/~, opinion, ~pom, ~urve~s, CI)~e Ord~s, d~ or ~ tractor, Sub~ontractor%.or tile. ir agents or employees, or of any o~her persom performing po~om of the Worlc 4.2.4 CommuEf, catto~s .Faollltatlng Contm~ Aclminletra- Uo~ lixccpt 3s othcrwbc p~ovtded 1~ thc Court,act flzgd, ~hc Owncr ~u~d Cgntractor shall cnd~vor to ~ommunl- cate through thc Architect. Communlcatbm by and wt~h Rte Architect's consultanl$ shall be tlu~ough t~¢ Architect. Commu- nlcatlom by and with Subcontracto~ and material suppUets 8hall be through thc Contractor. Communications b~ and with separate contractol~ shall be through thc Owlle~. 4.~.$ Based on thc An:hitect'~ ob~wations and evaluations of thc Contractor's Appllcatlom for Payment, tt~ Ar~ltect will review and coal~ the amounts due the Cont~ctor and will ~ Certificates for Paynaent itl such amounts, 4.~,~ The Amlfitect will have authority' ~ r~ct :Work which does not eonfoma to the Contract Documents. Wh~mevei' the .~chltect conaider$ it aeeeararr or advisable for lmplemema. tlon of the Intent of the Colatraet Docu~cfl. t$, the Architect will have authority to require additional inspection or re.ag of ~he Work in accordance with Subparagraphs 13.5,2 a~d 13.5.3, whethe~ .or not ~ucah Work is fabricated, lnatalled or completed. However, neither ~ authoflty of the Architect nor a decision made in good faith etthec to ex~c~e or not to exercise auch autholity shall give r[~ to a duty or responslblllq, of the Afclli- *~ct to thc Contractor, Subconuactot% materialmd equipmoat lng portions of the Work. 4~.? The Architect will t~wiew and approve or take other apptopflate action upon the Contractoe$ ~ such as 8hop Dry, Product Data and Samplea, but ollly for the limited p'aqxz~ of checking fo~ confom~occ wi~h Infomution out thc A.tchitect's reaponsibllitte$ at the site. Thc responslbflltk$ and limitations of authority of susa rated in thc Contract Documenta. 4.2.11 TheArchltcct will lnteq>t~t and decide malte~ concex~n- lng pcfforman~c under and ~ts of thc Contract Documents on written request of et~hec thc Owne~ or Cootrae- t0r. Thc ArchiteCt's 'vc~ponac to such rcqucst~, will b~ made with reasonable prorapme~s and wMdn any t~m~ limits ~ upon. If no a~reemcnt ~ made concerning the t~ne ~hlch Intctpretation$ t~'qul.,~d of thc Architect $h~ll ~ fi. xr- nlshed In eompUancc with this Pa/agnph 4.~, then delay ~ not bc t~:x)gnizcd on account of failure b7 thc Archltoct to fuc. made for th~n. ' 4~..lZ Inte.,prctatlpn~ and ~ons of thc Architect w~l be oambtcm with thc ~t~t of and rea$onabl7 lafexab{¢ fi'om the Contract Docwnents and ~ be in writing or ~n the fomx of Avchlte~t will endeavor to secuee faithful performance b7 both Owner and Contractor, ~ not ahow parer7 to either mci will not be Uab]c for results of interpretations or decisions so 4.2.13 Thc Architect's dcclsiom on mattec~ relating to 4.3 CLAIMS AHO 4.$.1 Definl~ A Claim B a demand or a.~:a, tion by oae of the Pame~ so'~-~ ~s z mat~ of t~ht, nd~u~cment or ~nterpre- tltion of ~ tem~, payment of monet, exten~on of time or otho' rdkf with t'e~pect to {he terms of the Contract The Thc r~'po~ ~o subs~tm~t¢ 4'~m< ~ rest *wl~. thc M dte Ard~e~ loc action as pt'ovk~d In I~ ~e,~. 4.4. A decl- of a -cJ'~m I~xn ~he G0nttact~ and Owno- m to ~ tach 4,3.4 ConUnulng Contra~t Performanoe. i~dL~ lut~nof a CI;L,n lnciudl~ ~ ~ ~e ~Or ~ p~ ~ ~ ~. ~ of ~e ~ 4~.6 W~er ~ ~lm~ ~ Pe~ent ~e ~ of~ ~ out of ~ ~n~ ~d u~ 4.3.6 ~ for ~ or ~ ~y ~m ~o~ ~ ~d~ for ~ ~e br ~ ~ ~ ~ 21 ~ ~t ~ of~ ~. ~t~y~d ~ ~or ~ h ~ ~r,s ~.~. ~bstm~t~ng ~.at weaeaer condition~ were ~flo~ to ~e ~n~ ~ ~ or ~e ~ - 4.4 4.4.~ pm, $U~ ~ for ~ (~ r~d ~ of 4Ji~ flule~ and H~ {o~ o~ md ~n~f not ~olv~ ~i~on ~.of ~ ~ ~ ~ ~ ~ wl~ ~e ~. 4.62 ~ P~ ~d~ A~ ~ ~l- ~& Su~h 43.4. ~ of ~y ~t~ ~ not ~ ~ on ~e ~ (2) ~e tm~ ~y ~ ~e ~ We ~e- m~ ~m~ to ~e ~ or,ye ~ ~vm ~le ~m d~ by ~t ~te. or d~ ~ Sub~ 4.3.2. ~ ~ ~aor. N ~ ~ ~ .~ ~e ~ 4~ ~d ~r~~~e ~ ~ h ~ 4.5.1 md 45.4 of ~m~ ~ ~ ~t tO ~ 13.7. 4.5.60lalm~ ami TIm~y Am~H~ion ~ Clmlnt~, A lYarty who {]le~ a no{Ice of dca~uand for a-,bilratlon must ~{sse. t't in the a c~l,n ~roush ove~lSh~, lnadvertmce ot exeu~le aegl~t~ or when a Claim' has magtred or been acquired subsequmtly, the arbitrator or arl01tmto~ may permit amendmem. 4.$.1 4ts:lgm~l on Rind Award. The award rendered by the athluator or athltvator~ }h~ be Ilnal, md judgment may be entered upon It In accordance with applicable law In my court having {urlsd~on thin,of. ARTICLE 6 8UBCOH'H~CTORS 5.1.1 A Suboontmctor is ~ l~,on or entry who has a direct contract wtth the Conwactor to pedorm a por0.cm of the Work at me ~t¢. the m-m "Subcontractor" is re'erred to Uhn:,~out thc Conu'/a ~ts mff *l%.~hr In number afd menu, s a Subcontractor or af authorized repre*emah'~e of the Subcon- tractor. The teun "$ub6ontra~:tor" doe* not L.'~ud¢ a selm"me contractor or subcontraeto~ of i ~ate contractor. 5.1.2 A Sub-~bcontractor is a De,on or eml~ who ~ a d/rect or Indirea omtm/x with n 8ubccmw.~ctot to Vafatra a pordon of the Work .~t the~_ Them "~or" Is term'red m ltt"oughoht the. C, oatma Documm~ ~s if dng,, l-,,- h n~n~ md means a Sul~ul~mt~c~or ot afl afthotLz~ 5.2 AWARD O~ ~C'I~ AND OTI-ER dcabie ~"tcr aw~tfd o~ thc Comr'~ d~d~ fu~d.~ in .wdti~g to falnteatext ~o a ~::bl dedgtO t~:xl for each pdn<~ por. tloa of the Wot~ The Atchltect,wttt ptxafptl¥ vq~ to the Con- l~chlte~, to tel~r proml~ly .d-call ~o~tltu{= no~:= of no ~eason_ 5,3 ~unCONI:RACTUAL RELAtiONS ~.3.1 I~¥approp~ue agm~mcat, wrRt~ wlic~lq~y required for validity, thc G6UWac~r ~11 require each Subcomn~cto~, to thc extent of thc Work to be performcd by ~he Subcom~actor, to. be bound to ~hc Contrac~r by tczms of ~he Contract Docu- ~ts, ~md to i.~um¢ toward the Conu'ac~dr all mud rc~:~lbliitic~ wtdc~ thc ConUactor, by th~c Docu- n~t~, a~sumes tow'AM the O~me~ and Az~hltcct Bac~ ~ut,c0n- mcr agrccmc~t ~ prc~vc and protect ~e rights of Ownc~ and Al*ddtect u~dcc ~he Contract Docum~ltm with re~pc~ to thc Work to be performed by thc Subconu*actor tl~t ~,contmcting thcrcof ~ not prc{udice such dgh~, md shall allow to thc Subconti~ctor, unlc~ ~pcc{lk~ly pmvidcd othczwisc in thc ~:ont~ct. ag~cemcm, ~he ben&fit of Comractor, by lime Contract Documcrt~, has ~ the O~vu~. Where appropd~ the Contractor mb.mil requite c~ch Subcom~actor to cuter into slmIHr ~'ecmcncs ~Ml Sub*~'ub-' comractors. The Contractor al{all make ~ to c~ch pro- posed Subo~nt~tctor, p~or ~o thc c~ccutlon of ~h¢ ~ubcouu'act" ~ecmcm, copies of ~h¢ Contra~ Docum~ts. to which thc Subcontractor ~ be bound, and, upon wducn request of ~hc Suboomlactoc, identify to thc Subconu'~ctot reims :md condi- lions of thc proposed zubounuact agrccmc~t which may bc mt x, admoc wlch the Conuaa Documents. Subc~mtr~ctors sh,mll sim{lady m~ke coplc~ of applicable poilJo~ of much documc~ts avaliablc to ~hcir rcRuecU~e proposed Sub-subo~tr~to~. ~6.4.1 F-ada nibcontract ~ecmcm for; po~lou of ~he Wodc asstgne~ by ~he Gontrmc~oi to ff~¢ Oval~ provided .1 ~uucm is c~cc~vc only- :ff~cr tcrmira~m of ~¢ graph 14-2 and only f~r tho~c subo~tr~ct ~m~mcms widch ~h¢ Owuer accepts by uotif~ titc Subo:m. ~ ~;gnmc~t b sub, ct to the prior rights of ~he nucq,~ SAa2 If ~hc Work lm been su:pcndcd for mote thru ~0 da~, the Subc~ntmctoe$ compcma~n ~ be ¢qulubl¥ AR~6 COI~TRUCTION BY OWNER OR BY SEPARATE CONTRAOTOR$ ~.'1 AND TO AWARD SEPARATE COtJ/RAO~ 6,1.1 6,1.$ The Owner shall provkic for eoordlna~lon of the ~ivi- ties °f thc Owmt's owrt fomca and of each separate conR~tor with Ihe Wolk 6f thc Contractor, who &h311 cool~t ~ooThe Con~c~or sl-~l pmlctpate with other · ,-,,~wa~ mcat con~t~ction ulc~ whea ~ to do $o. ~ Contrac~r shall.real, my revldom to the corutnlaton $chcdul¢ and Conteact 9.un dom~l n~amrarraftct a Joint t~'x%-w and mutual agrecmmt. Thc constructiou ~:t~edulc~ ~ then cmmtlutc ~e schedules to be used by ~hc Cont,~cto~, sctxu, mte oontractol,~ md the Ovmc~ un~l'mbscqucmiy rcViscd. 6.L4 Unlc~ od~e~dsc*providcd in thc Contntct-Docum~cs, . ~ thc Ovm~ pelTonus comtmction or opcr~on~ ~cl~tcct to thc Pmkct wl~h ~c Ownces own fo~e~, thc Owue~ dui{ bc dc~ued to bc ~ub{cct to the ~huc obl~tiom md to h~ve the ~uuc d~u vddch apply to thc Conu*actor und~ the tions of ~hc Contract, {hdudtng, without cx~uding o~hcm, tho~c statcd tn ,Azllclc 5, rids Ju*~de 6 md ~ 10, and 12. · 6.2 MUTUAL RESPOH,q'IBILffy 6.2.1 Thc C, om~ctor ~ a~ord thc Ovmcr and ~uaratc con-. t~ctor~ rca~on~blc oppoituuRy ~r lnU'odu~on :md ~u-agc of thctr m~tc~ds mhd equipmeut ~nd*pcffonu.mncc of thcl~ acflvi- ~ and ~ cotmcct aud coordinatc ~hc Commctor's struction and opc~tiom wi~h ~h~ ~ rcquked by U% Con,ct 6.2~. If ~u~ of thc C~nt~ctor's Work dcpc~ds for pmpcc ~ ~r results ~ul~n~ ~ or opcraltom by ibc sepame tr~tor, the Omt~CtOr dtatt, pt~ to proceeding ,,iii~ ~at portion of 0ac Wodr~ prompt/~ to ff~ An:hlteet ~Oparent d~ or dctec~ in sucah c°nstmc~lon dut would rmdct It umul~blc for sue~ pc0pex e~ccution md u~mltm: F~lute of fl~c Con~ctor ~o m ,~n~ co~t~utc an acknowledgm~t that the Owner's or sep~- Is I~ ~d pmPct t~ reocivc thc ContractoF$ Wod.,, earc~pt as m d~ts not ~ t'ca$onabl¥ dl~ovcrable. 62~ COS~ caused by de~my,z or by Imotoocrlv ~'ncd hie tbe~a~t. · AR11~LE 7 ~:~I'~NGE8 IN THE WORK 7,1.1 Changes In the Work ma}, be accomplished after execu. tion of.th6 Contt'act, and without Invalidating thc Contract, by Chan~¢ Order, Construction Change Dkectt~e or ordor.for a minor chaz~e in the Work, subject to the flmltarlom stated In this Article 7 and elsewhere Ill the Conttract Documents. 7.1.Z A Change Ordex shall be ba~ed upon agreement among .the Owner, Contractor and Architect; a Construction Change DLrectlT¢ requffe~ agreemetat by the Own~ and'A:chttect may or may not be ~ to by the Contractor; an order for a minor change in the Work ma}, be issued by thc Architect alone. ?.1.8 Changes in the Work shall be performed unck~r appl{- cable p~o¥1$1ons of the Contract l)ocument~, and the tof shall procx::ed promptly, unle~ othenvlse provided In the Cl~lge Order, Constnlctlotl Change Dlrect~-e or order for minor change in the Work. 7.1.4 If unit prices ace ~.ated Lq the Contract Doo. unenta or subseque~?y agreed upon, and If quantities originally oon- templated zre $o changed in a propored Cltang¢ Order or Con- · $tructlon.C:lmng¢ DLrectlve that applles~on of such unit prlcea to qumtltl~ of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit p~ices shall be equitably adjusted. 7.2.1 A Change Order is a written insRument prepal~d by thc Azchltect and $~gned br the Owr~, Contractor and Archltect, .1 a chan~ In the Wo~ ~ thc amount of the ~ent ia the Contt'act ,Sum, If .8 the e~ct~tlt of thc aclj~ hi the Corltract 'rime, any. Sum ma}, include ~ listed In S~bi~~ 7.3.3. directing a change in the W~tk and mff~g a pmpoRd Ixu/s for actr~maent, g mr, in rte Oomact Sam ~ Goatmct llme, or .3 cost to be determined In n manner :~greed upon by the parde$ and a mutunlt¥ acceptable fixed or ~gc fee; or · .4 as provided h Subparagrapl~ 7.3.6. 7,8.4 Upon receipt of a Comtt~ctlon Olange ~ thc Contt,a~or shall promptly pwceed with the d~ange ~ the Work involved and :adv~e the Arc~lt~:t of the Contn~o~'s :~-eemam or dmgteement with ~ method, Sf an};, pt0~ded In the Comtmctlon Clmnge Dltecth~e for det~ thc pro- po.~d :~dJustment In the Conttact'$um or Contract ~ 7.3.8 A Construction Oxange Dltec~ve signed b}' the Contrac- tor indicatea the agceeme~t of the Contractor therewith, includ- Ing adjuatment In Contract Sum and 'Contract Time or the method for dete~ them. Su~. agreement shall be effee_ tlvc immediatdy and shall be recoMed as a Change Ord.: 7.3.6 If thc Contractor d6es ~ respond pwmptly or with the method for' adjustment in the Contcact Sum, the method and the adjustment ihall be detennh~d by thc ArehL tect on the basB of reasonable expenditut~ and ~avings of those I~xforml~ the Work attributable to the cfiange~ ~ndud- lng, In case of an Inca'~ase In the Contract Sum, a t'easonable allowance for oYethcad and profit. In such case, and also under Clause 7.3.3.3, the Cont~cfi~ ~ keep and present, in such form as the Architect may ~ an itemized acc~unttng togeth~ with approp~at¢ su0pore~g d:~ Unle~ otherwise prov~ed In the Contract Documetm;, costs for the puqx~es of th~ Subp0tagraph 7.3.6 al',atl be ~ to the following: .1 eo~ts of labor Including ~ r, ecurity, old age and unemployment itmffance, fringe benefits requ~d by agreement or custom, and worket~' or wodanert*s ~ oasts of mateda~, Suppliea and equipment, Includ- ing cost of tr. mapomtton, whether incoqaomed or .8 tm~ oa~s of m~ and eq~t, exclusive of kind tools, wb_eth~ rented from the Con~or or orhets; .4 cost~ of premiums loc :dl bonct~ md ~ ~t fee~, and ~le~, v~se or s~tnllar taxes rehted to the Wo~ and ?.8.? Pending ltnat ~to.,~lon of oost to the Owner, tot to tile Owne~ for a dde~m or change vddch results h a net ?AA g tht Ovmer snd ~.~ do not ~tte .~, the 7.4- MINOR {AqAI, IGE8 IN ~ WORK 7A.1 The Architect will have au0aorlty to orc~ mlno~ ahanges /n ~e Wo~ not ~vobrlng adjustment in the Contract 8urn or eacte~qaion of the CotRtaet TLrne and not Meonaistent with the intent of the Contract Documents. Such changes shall be - effea~by wrlttenoMet and shall be binding on the Owner and Contractor. The Contractor :;hall cant out ~uch written ordera proCnptly, ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwL~ provided, Comract ~ is the pedod of time, Including authoriz~d adJusnnems, allotted in the Con- tract Documents for Substantial Completion of the Wozk. 8.1,2 The date of commencc~heftt of the Work b the date establi$1~l In the Agt~maenc The date shall not be postponed by the fallm-~ to act of the Contractor or of persons or entities for whpm the Contractor is t'ea'pon~lble. IB.1.$ The date of Substantial Completion is ~ date ceCdfied by the Architect/n accordance with Pat'agr~h 9.8. 8.1.4 The tenn "da}," as used in the Contntct Documents shall mean ealencL~ day unless otherwl~ speciacally defined. 8.2.1 Time IJmRs stated/n thc Contract Documents are of the e~seaoe of the Contract Jly eateeutlng tile Agreement thc Con- tracax amthms that the Contract Time ts a ~k pedod 8~,~ lite Coatractor ahall not knowingt¥, except by agree- meat 0¢ Instruction of the Owae~ ia writing, preamurdy eom- dat¢oflmura~: tequitedbyArO~le I1 to be furnished by the ~o¢lu~actot'. The date of almmenocwaent of the Wodc ~hall not be ebro&ed by the effectlve date of mcfi Insumaee. Unleas the ghrea br aSe Owa~, the Coauaaor ~ai no0fr ~h¢ Owner in ~ContmcttXces md sh~ ~ Substantial Complc~m wtthha ARTICtE 0 PAYMENT8 AND COMPLETION 9.1 CON111AOT SUM 9,1.1 Thc Contt~t bum is stated In the AgR:emmt and, includ- ing authodr~d a~ustmeats, is thc total amount parable b~' the Owner to thc Contractor for perfotTnanee of the Work under 9,2 SCHEDULE OF VALUE8 9.2,1 Before th~ ~t Application for Payment, thc Conttact0r shall submit to the Architect a sd:hednle 6f values allocated to vadous poztions of the Wodc,.pnara_,,ed in such form and sup- potted by sud~ data to substantia~e its accuntcy as ~e o~ ~ as a Da~S 1or revie~lng the Contractor's tioas for Parment. -~-,---' 9.$.1 At ~ ten days before the date ealabll~ho/fol' ead~ pwgre~ payme~ the Contractor shall submit to the .M'cfiltect an iteadzed Application for Payment for oFa,itionS completed in accordance w/th the schednl¢ of values. Suah appl/cadon substmt~Oag thc Coatr~or;~ right to pa~mcat ;s' dc Ow~ or ArchLtoa may require, such ~s cople~ of tequisl~/ons from Subcomractoe$ and matexhl suppl/~s, :md rcflectl~ retalmg¢ if providcd for ei~mhere In the Coati_ct Documents. 9.3.1.1 Sucfi al~pli'ca~iom may' In~ud~ requests for paymeat on aocouat of dmlg¢$ in the Wodc ~ ha~ bee~ prox~d¥ autho~zed I~r Coastmaion Change Dtrectl~e~ but not yet laciudcd In Quage Otxt~s. 9.,I.1.~ Such appllcatiot~ may not Indude requests for pay- mcnt of amounts thc Contractor docs not intend to par to Subomtractor or matee, al suppli¢~ because of a dispute or o~er P°atl°n In ~h¢ Wod~ If skoproved In advmoe by ire Owner, Owner a Certificate for Payme~lt, with a copy to the Contra~ tot, for such amount aa the Architect determinc~ is properly duc~ or notify the Contractor and Owner in writh~ of the Architect's rensom for withholc~ cgtt~c~Uon ~n whole or in pagt ~$ provided in $ubiraraSraph 9.5.1, 9.4.~ Thc ~uancc of a Camlo~ for ~yment wa cons~utc teprcsentation by the Arcfdtect to ~l~ Owner. baaed 0a the Arddtect'$ obao'ratlons at the aite and the data eompti$ing the Application for Payment, that the Work has prog~e&~cri to the point indicated and that, to the bret of thc Architect's lmowl- edge, information and belief, quality of the Work is in accof dance with the Contract Documents. The foregoing representa. tlons :Lrc subject to ar~ evainatioa of thc Work for conformance ' t~$tdts Of ~th$cquent teats and in--m, to min6r deviations fi'om th~ Contract Documents core.able prior to completion and to epcOflc q,u!ln,-~am expreeaxl by the Architect The isstlance of a Certificate for Paylltcnt will furthe~ constitute a tel~rc~nsation that the Contractor is entiticd to payment in the alxlouat c~'tified. Howcve..t, thc I$$u,at~e of a Cert~catc for merit will not be a representation that the Archltcct has (1) m,,ae c:duuetiv¢ or continuous o~te lmpc~o~ to check the qmllty or quantity of the Work, (2) reviewed eomtruction means, methods, tedmkl~a, aequeaee$ or procedures, reviewed copi~ of requisitions recciv~l from Subcontractors and mor,.~lal suppliers and othes data requested by thc Owner '(~'$~a$~ltiate file Contractor's I~gflt to paymcet or (4) made .~n to aac~ta~ flow o~ for what purpose 0~e Contrac. to~ Ires used money prevtou.d¥ paid on :~count of the Contract 9.5,2 W~:n the above reasons for wi~holding certlfiea~a removed, cettifleation ~ ~ ~e for ~oun~ p~y wl~d, 9,6 ~ PA~ 9,6,1 ~ ~e ~t~ ~ ~ a ~ ~r ~t, ~.8.2 ~c ~n~or ~ ~d~ par ~ ~n~tor, u~ ~ of~t ~ ~e 0~, out of ~ mount ~n of'~e Work, ~e m~t to ~ ~ ~ achy of ~e W~ ~e ~n~ p n or ~o~ ~p~ for ~ ~e ~or md ~on ~m of ~e Wo& dom by to ~ or to ~ ~ ~e ~t of m~ ~ a Sure. or 9.7 F~ ~ PA~ ~c~ ~ ~ ~ ~U ~t hated po~on thereof is substant, l~r complete. If the Architect'a. inspection discios~ any ite~ whether or not included on ~he Contt~tofz list, which is not in accordance valth thc requLrement$ of the Contract Documents, the Contrac. tot slull, before ls~uano~ of the Gmltknte of Substanthl Com- pletion, complete or correct such item upon notification bI, the Al~hitect, The Contractor shall then submit a request for another Inspection by the Arctdtec~ to determine Substantial Completion. When the Work or designated poffion thereof ts substantMl¥ complete, the Archltea w~l prepare a CeCdflcate of Substantial Completion whlc6 chill establtsh the date of~;ub- stanttal Completion, shall eatabltsh .aponslblll~iet of the Owner md Contractor for security, malntenam:e, heat, damage to the Work and lnmran~e, and shall fix th~ time within which the. Contractor shall finish nil iten~ on the list itccompanylng the Cenillcate. Warranties'required by the Con- tr, tct Doo. unent$ shall commence on the date of $ubatantial Comple~fon of the Work or designated portion ~hereof unleas otherwise provided in the Cei~lcate of $ub~tantial Comple- tion. The ~te of Sub~ntlal Completion ~ be sub- mltted to the Owner and Contractor for their written accep- .tnnee of reapoo, sfollities assigned'to them in ~ueh Omiltcat¢, 9.8.$ Upon Sub~tansial Complelion of the Work or designated portion thereof and upon ,application by the Cont~tctor and cez~lficatinn by thc Architect, the Owner shall make palanent, reRectlng adjustment in ret:~'uge, if any, for such Work or por- tion ~,ereof as provided in the Contcact Docum<mcs. ~.$.1 The Owner may occupy or me any completed or par- ~tnlly compfixed ponfon of the Work at any stage wh_en tach · portion ts de.hated by separate :~-eement '~lth the Contac- tot, Provided tach o4a:aip~ncy or use Is eon.sc:reed to by the ~ o~ ~ Wnsk ~ cx~mm,'~ocmcm of consldets a Ix~'h~a substantially comp~e, the Contractor droll ment betwem the Owner and Coat~actor or, ffno agreement ts such h'.speetion and, when the Architect ~ the Work acoept. able under the Contraer Doetun~t~ and ~ Oantraet fully p~. formed, the Architect will p~oml~lv roue P t aymen stating that to the best of the Atohtteces t.n..,..~..,.t- ln~rmatlon and ~ and on ~co~ ~ tetras ~nd conditions of ~ Oontr~ct Docu. men~ an.d th~ thc c~'e b'Jdsueo f-o~nd to I~ du~ the ConL.~:' for sud note~ In sild ~ Certtlt~te ts duc ~nd paynble. Thc Architece$ ltnal C.e.r tlfleate for Payment will eonstitute a funhe~ repre~ntatfon that conditions ~ in Subparagt.~h 9.10.2 preceder to the Coneac/or'a being entitl~ to ~ payment have ~ fulled. ~t, ~d o~ ~bt~ ~ ~ ~c Wo~ bt ~ ~e O~ or ~c O~'s pto~ ~t ~ ':' ~ or ~ ~ ~ ~d by O~) We ~ ~d or o~ n~, ~) a ~ote ~c- n~ ~ ~ or ~o~ m. ~ ~ ~ I~ 30 ~' p~r w~ ~ ~ ~ Dy~. ~ ~e ~, O) a s~[~mt ~ ~ ~or ~ of no ~ ~n ~t ~ ~ ~ not ~ ~le ~ ~ ~ ~ bY ~ ~ ~, (4) ~t ~, ~ ~~t ~of~,m~ °r~~ ~ ~ ~.~t ~d $.10.$ If, ni~er Subatmthl Comple~n of the Woti~ pk~ion ~:o{ b mmiially dday~xl eu.o~h no fault of the ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY' 10.1 SAI-t~l Y' PRECAUTIONS AHO PROGRAMS 10.1.1 The Contractor shall be responsible ~or inlt~tlng, maln- t~ and supervising sill safely precautions and programs in connection with the performance of the Contract 10.1.2 ~ the event the Conu'actor encounters on the site macedal zeasonabl¥ I:~lieved to be asbestos or polychlorlnated blphenyl (PCB) which has not been rendered harmless, the Contractor ,shall Immediately stop.Work in the ax'ca affected and repott the ~ondltion to the Owner md &-chltect in writing. The Work in the affected ~ shall not thereafl~be resumed except by written agreement oftbe Owne~ and COntractor tact the matedal is asbestos or polychlorJO~Ced blphenyl (1~:~) and has not been hindered harmless. The Work in the affected ~ea shall be zesumed in the ~osence of asbestos Or polFchlori- rated blphe~Fi (PCB), or whffxt It has been t~mde, red by written agreement of the Ownex and' Contractor, or Ln ~cordmce with final de~erml~floff by the Architect o~ which athltmtlon has not been demanded, or by aff~luatlon under .4a~cle 4. 10.1.3 The Contractor shall not be required pursuant to/aticle 7 to perform without consent any Work relating to asl~stos or polyd~orimted b~pheny~ 10.1.4 'Fo the fullest extmt pe~mkxed by law, the Owner ~ inde~ ~nd hold ~ the Con~t'actor, Architect" I~ct's ~oosultants :md agents :md employees of any of them fi~om i~m~ormanos of the Work in the sffected ~ If in f:~ct the m~tor~ is asbestos or polyd~ed I~phenyl (pcB) and ius or ~h, ~x to i,~' to or ~s~vc~,a of ~mg~te ixopoxy (o~r thru the Wo& ~ lnd~ling loss ofase ~ I~l~gent scts or omlssioos of the Own~ inyofle dlreOt¥ or lndirecdy employed bt. m~ Owner or anpoae for whose ~:ts described I~ (Ids Subp~p-~ lO,l.4. 10,2 1O,.2.2..Th,e Contr~.?or ~ glye notices md ~omply with appllcabt¢ ~ws, oramanee% rules, regU~tlom and lawful or, ers of public ~uthodtie~ bearing on s~ffety of pelsons or prope~ or their protection from d~m~ge. InJuq, or loss. 10.2.3 The COntractor shall erect and maintal& as requl~ecl by ~ble ~ ~or s~fi~ md protectic~ indudl~ ~ reg~h~ons ~rtd noU~ng owners md users of adJ~rtt sites md utilities. · 10.2.4 ~llea ur~ or stoic of exploslv~ or other h~z~d~us m~ .te~l~ or equipment or unusu~ mctheds ~re necess~/for execution of thc Work, thc Gontm~or ~ e~erdse utmost ~ce and c~Too such ~ctlvltles m~der st~oervislon of qu~lfied peso/reeL 10.~.$ Th¢.Cent~ctor ~ promptlt. remedt. d~zn~gc and loss (othm' ~ d~n~g¢-'or loss Insured under prol~ff lostu~c~ r°~ulred bt' mc Contract Documents) to propers/refi~ed t0 ha Clsuses 10.2.1.2 and 10.2.1,3 c~used in whole or in p~Lrt bt, the Conl~ctor, ~ Subcontractor, ~ ~ub~ubeontr~ctos or ant,one direedt, or Indirecd¥ eniploFed b~ ant' of ~ or b~ ant.one' £or whose ~ theF. m~t. be 11~1¢ and fi~r wld/~h the Con~ctor is l~'pon~lble und~ C~us~ 10.2.1.2 ~nd 10.2.1.~, ~ or loss ~t~ibut~blc to ac~s or omissinos of the or Archlte~ or anFone d/rectlt, or indirec~¥ employed by be I/~ble, and not ~ttribut~ble to the ~uk or neg~en~e ~ thc ~.ddition to me Contractor's oblig~tioos under l~ph ~.1 the C°~?~_ '.s organlzaflon at the sisc whose duty atzll[ be thc prevemio~ of acctd~ts, Th~ pet~n shall be the Con.actor' supedntendent .unless odm'wtse deslgr~ed by fl~e Conh'sctor I0-2-7 .The Co~Cr~ctor shall nor load or petmk any pa~t of thc 10.3 10.,~.1 In m em~gencY affec~ s~ o~pev~om or pcoper t y, the C:onh'~cto~ thaJl ~:t, as the C~ontc~etoc's discretion, to pre. of an emeqpmcY dull., be d~emflaed ~s provided in paragraph 4.5 and ,~'ticie 7. .~ ~ for ~e~ because of bodily ln}ury, occupa- tlonil sickness or disease, or d~a of the Contractor's employees; .3 el~ms for damages because of bodily Injury, sle. kne~ or &sc~e, or death of any pe.t~n other than the Con- t~ctor's emplo}~es; · 4 claims for d~rn~es htsurcd by usual pczsoml Injury llibllity coverage which ~r¢ susi~ecl (1) by a pemon gsa result oran offense directly or ln~F rchtcd to employment of such perSOn by the Comractor, or (2) by ~mother person; .$ chlms for ~, other than to ~e Work itself, became of InJuqr to or dc~tmalon of tmgtble prop~ crty, Including loss of use resulting ~e..efrom; ,6 d~lm~ for d~magcs I~x:~use of bodily lnj .u~y, de~.h of a pezson or property d~m~¢ adslng out of owner- ship, malmatancc o~ use of a motor vehicle; :md .7 chtms I~volFing contrac'm~l I~btllty Insurance ~plt- cable to 0ac Contractor's oblig~tlons uncle, r 11.1 g. '~he Inzur~e required bi' Subparagraph I l.L1 shall be written for not lezs than limits of Ihbllit~ specified in thc Con- tract Documea~ts or required by hw, whichever coverage is greater. Coverage% whether written on an occurrence or e_lalm$-sxmde baals, shall be maintained without Interruption horn dat~ of commencem~mt of the Work until date of final payment and termination of :any corette required to be main- 1 1.1.3 Ccntflcatcs of Insurance ~cccpmble to thc O~n<~ sh31l be filed-with ~ac Owne~ pdo~ to o~nmcncca~m of thc Wo[k. P~'~lph IL1 shill contain affotxlcd uade~ ~¢ poli~s w~ not be cancelled or ~lowcd to to she Owner; If any of ~te foregoing Ins~moe cover..es are- for Payment as tcqukcd by l~opar~'~ph 9.10.2~ Infotm~ofl concerning reduction of coverage ~ be furnished by Oae tract from m w~t m a~l~iumt modiSmtlom ~ ~ ~he ~ A~14~7 olhc~ lhan the Owner I~s ~t ln.sur~le hlterest, ln the propen7 required by this Paragraph 113'~o be o~vercd, Contractor, Subcon.t~.~rs and Sub-subcontractors I~ thc Wod~ 11 J. 1.1 Property Im~ance ~ be on an ~ll-dsk policy ~d sh311 I~'~uc against thc pedls of rite m~l cztended cov~ ~d phrslcal loss qr d~m~ge Including, wtthout duplication of wolk, tcmporaff buildings and debris removal Indudl~ demolition occ~6ned by enforcement of any applic~le ~ rcqutremcnts,' md shall cover r~somblc compensation f~r Arclfltcct's services md expenses required gsa result Of such In.ruled loss. Coverage for other perils shall not be requl~ unless otherwise provided In the Contmci Documents. 1 ~.$.1.~ If the Owner does not htend to purcl~se such prop- ~ Insurance ~lUlrecl ~¥ thc Contact ~nd wllh all of the co~'a~es I~ the ~unount d~:ribcd above, the O~ncr ~ so inform thc Contractor in writing prior to commencement of the Wodc The Contractor male iff. eh effect. Lqsawmce which w~l protect the intere~s of fl',e Comraetor, Subcont~ctor$ and b'ub- subomtracto~s In Oa¢ ~otl~, and by spprop~te Cl~ag¢ Ord~ the cost tho-eof shall be ch~ to Igtl¢ Owner. If Ihe Contric- tot Is damaged by' ~e hlloge or lv~ect of ihe O~ner to p~. chase or maintain insurance :ts described abo~e, without $o notifring the Contractor, then the Owner shall bern' all able costs properly attributable ~he~'to. 11J.IJ ff ~e Pt~x~ff Insu~mcc ecqul~cs mlnlmt~n deductl- meres, thc Co~,cto~ ~ p~ cos-cs not cova~d beouse of such deducflb~, ff~hc Own~ Gr insm~ ~ ~he tequi~d m~num ckductibles d~ove ~e ~,m~ so ide~fled oc if ~he ~'blc :uno~n~, ~hc O~n~ ~ be ~lx)m/ble for p~ymem of ~ ldditioml co~ not covered be~,_-~e of such 112.1.4 Udess o~herwlse lxovlded in ~he Contact Docu- ~ed off ~he ~&e d~e: wfltten ~p/owl of the Own~ ~t file value e~bl/shed h ~le ~owv~ crud ~lso po~ons o f ~he Wo~ l¶$,l~ If during the Pwject constluctlon period the Owner insure$ properties, real or pe~onal or both, adjoining or adja~ ~o thc sit;.. ,b.y,p.rope~ insuring., uader pol~ct~ those Insunng me PtoJe~ ot if after final payment prop- et't7 Rlatu, a~e is to be provided on the .oampli~ted ProjeCt though a policy or policies othe~ than those insuring thc Pro}. cot duping (he construction period, Oae Owner shall w~h,e all rights bl ~ccordance with the ~ctm$ ~f Subparagraph 11.~.? fo~ waiver o[ ~)lbrogation Dy cndorscma~t or olhetwts¢. 'l ~,8,$ Befo~ aa exposure to loss may oScur, {he Ownc~ shall file with the Contracto~ a copy o/' each policy that includes ~ cove~ge$ requ/red by ~ Paragraph ll.3.'Each Ix/icy, shall contain all ga~all¥ ~ppllcable conditions, policy shall contaLq a provision that the policy' will not be cam:elled or ~llowed to expire until at least 30 day~' prior yerlt- ten notice has been given to the Cootractor. waive all flghta agorot (1) each othe~ and ~ny of the/r subcon- tracton, aub-aubconfi~ctota, agents and employeea, each of otis, :md (2) the ~c~ltect, Architec/'s comultmt~, c~mractota described in A.'~cle 6, if an},, md any of ~hdr sub- cootracto~, sub~uboamtactor~ agents and employees, for damagea c~u-~d by fcre or od~' perils to the extent covered by PmPoW h'm.wance obtafoed pursuant to this Paragraph 11.3 or eights $s flley have to proixed~ of suctl laaumnc~ held by the Owner a~ liduciaq,. The Owne~ o~ Contractor, as appwprhte, tO~, mb~ubcontmao~ :~at~ and emploree$ of $nr of them, 11.3~10 The Owner as ftducht7 shall have power to ac[Ju~d, ~ttl~ a loss with insurers unle~ one of the panics in Int~cst ~ object in va'Mng witl/ln live daya al~er occun~ce oflOss to the Owner's e~rclse of this poweq, if such objection, be made. arbltrawr$ shall be chosen as provided h par~raph 4.~., The Owne~ as flduch~ ~haIl, in,hat ~ make setflomeat with la~t~r$ in accordance with dtre~ons of such aeoltrato~. If distdbutloo of ln.9.Lrano0 proceeds by ad~ltmtiofl £~ the arbiteator~ will direct su~ d/~tb~tion. -~ requl~l, 11.3.11 Panlhl occupancy or use in accordance with Paragraph 9.9 shall not commeace until the In~rance co .mp~y or com- p:hies providing propea¥ Insur~ce have consented to such OPo~O~ or t~ by Cndor~meat or o~erw~ The anti me Contractor shall Uke tea,~aable ~e~ to consent of the lasurance company Or companle~ and without mutual wdttea consent, take xa~) aaion with respect to ?~..occu~ .~cr or use ~t would c~ose c~cellaaon, lose or 11.4 PERFORMANCE BONO AND PAYMENT BOND 11.4,1 The Ownc~ ~ lun, e the Ugfit to rcquL~ tt~ Contrac- tor to furnish boRds eoYet~ falthfid petfoallaj~e of ~1¢ Cotl. tract and paTmcat of obligatio~s arising tbe~-und~ as htcd in bidding .rcqult~n~ or Rt~:tflcall¥ rcq.utrcd ia the Contrac~ Doc'ufi~ent~ on the'~hte of execution of the Contract. 11.4,2 Upon ~he t~lUeSt or,ny pea~on or emiq, appearin& to bca potcmial bcncC~arr of bonds c~ering parment of furnish a ~oPY of ~he bonds or $1tall permit a copy. to.be made. ARTICLE 12 UNOOYERING AND .CORR'ECTION OF WORK 12.1 12..1.,1 If 2 potion of Ihe Work b cx:~m:d coatm,r to A~x:hitect's request or to t'equeeam~ spedfl,::~ ~ m Cootract Time. paralFaph 9.9.1, or by terms of ~1 applicable special warranty ~ by ~e ~a ~, ~y of ~e W~ ~ ~d ~ ~ not ~ ~ ~ ~ of ~ no~ ~m O~ ~ pr~y ~v~ ~ of ~ ~n~ ~ ~ ~ to ~om of ~o~ ~ ~on md ~e ~ ob~oa ~ ~ S~h 12~22 ~ of ~c Wo~ ~d~ ~e ~ ~e ~n~or ~ ~ovc ~m ~c sl~ ~o~ of ~e Wo~ ~ ~ not ~ of ~c ~a~ ~m~ md 1R~4 ~ ~c ~n~r ~ to ~ ~ Work ~ s ~le ~ ~c O~ ~ ~ It ~ ~r- ~ ~ ~h 2.4. R ~ ~n~or d~ not p~ able ~ ~ by ~R~ no~ ~m ~e ~t~ ~e O~ ~y ~o~ R ~ ~om ~ ~ ~ ~ ~mmt at ~ ~ n~ ~y.-R~ ~ of~e ~ 13.1 GOVEI~HC~ LAW 13.2.1 ~ ~ a ~Ole ~t ~ ~t of ~e ~. If ~ for ~ ob~om 13.3 ~ NO~ 13.3.1, ~ ~o~ ~ ~' ~ ~ ~vc ~ d~g · c ~ or ~ ~t~, ~ to 13.4 13A.I The Owner sh~ be~r such costs exc~t ~s provided in pmlgmph 13.5.5. 'l:~`6,8 It such'pi~:~iur~ fot'testhlg~ inspecfloG ot.~pproval under Sub~hs 13.5.1 ~nd 13.52 ~esl ~glgl~ of file portions of the Work to ~omply with gqulroneo~ by Oae Contract ~rs, the Coau~to~ ~ b~r ~I1 costs ~ n~ by such f~llurc Including R~)sc of p'rccedur~ ~nd compen~atina for d~e .architect's so'rices ~d' 1~`6.4 Required c~cat~ ot ~sting, inspection or sppmval sl~l[, unless od~e~vls¢ required by tl~ Contract Docunfe~ts, r,~ by the Contractor and ptern_pdy ddlveted to rite 15`6.~ If Oae Architoc~ Is to observe t~s, lnspcctlom or approves requlred by Ihe Contract Documents, the Architect will do ~o promptly md, wh~e p~ctlc~ble, at the nomnl p1~ce 13,6.6 Tests or inspectiom conducted pursuant to the Gon- tract Documents shall be mm~e promptly m avoid unreasonable dday in ~e Work. 13,6 INTEF~T 18`6.1 Payments duc and tmpald under the Contract Docu- meres ri'roll bear tnt~est from the date payment b due at tach rate ~s ~he pa~l~s m~y agree upcm in valde, g er, Inthe ~cc tlgm~f, at the legal rate prevailing from time to time at the place Where the Project is located. 13.7 OOMW OF STATUTORY I.IMITATION PERIOO 13,7.1 As ~ thc Owner md Gontractoc: dng subsequem to the rd~ram date of ra~astmtlal AFrT1CL 14 -na no. on SUSP S,O. OF'tH.,: CONTRAC'r g s~ ~ a ~ of 30 ~ ~ no am or ~t of~e ~n~ or a Sunnier, $u~n~r or ~ foRo~ ~m: · 1 ~ of m or~ of a ~u~ ot o~ pubRc au~r- Pa~t ~ ~ not norm '~ ~er of ~¢ gub~h 9.t.1, 6r ~m ~e 0~ ~ not ~c ~t on a ~te for ~t ~ tlfy ~uch action, may without p~udlce ~o any other rlgh~ or remedies of the Owner and ~ give)the Contractor and the Contractor's su~y,' if'any, seven days' wfltte~ fiotlce, retail- narc employment of the Conu'actor and may, subject to any prlar fights of the surety: .1 take P°r'Se~lon bf the alte ~Lnd'of'all m~teda/s0 eqtflp: · ment, wols, and construction equ/pment and mact~- ..ep/. th¢l~eon owned by the Coatrac~ g. accept a~$/gnment of.subcontracts pumu~t, to Para-. · graph 5.4; and .S./inlsh.the Work by whatever reasonable method the Owner may' deefil expedient. 14.~;8 When the Owner temainate~ the Contract for one of the teasom stated la 8ubpm'agraph '14.Z.I, the Contractor ahall not 14;.2A If the unpaid balance of the Contract Sum exceeds costs of finlahl~' the Work, including co~lon for the Archi- tect's $ervlc~ and expense~ ~nade necessary thereby, such CX~OeS$ $[~1 bc ~ald to thc Collttacto£. ffsuch costs caccecd the unpaid balance, the Cb~tractor dull pa), the difference to the OwneL 'l~he amount to be paid to the Contractor br Owner, the case mar be, shall be certified by the A.rdlltect, upon :kt:l~.. cation, and ~ obligation for payment ~ n~,h,e temzlm- t/on o[ti~ Contt, act. . · . 14.$.1 rae Owner mar, without c~use, qrder the Con~cto~ vatting to suspend, delay or Interrupt the Work in whole o~ ia pm for such pedod of time as the Owner may detem~ne. 14,8.2 An adJ~tment shall be made'for inca'~tse$ in the cost of. performance of the Contract~ including profit on the cost of peffomat~e, caoMd by suspem/on, de/ay o? lntem~ tlon. No ad/ustment shall be made W the exten6 ' .1 that Peffonmnee is, wus or would have been so sus. pended, ddared or intenupted bi mother canse.f~r which the Contntctor ia.tesponslble~ or 2 that an equitable adjustment ts made or denied ug. der another provision of ~ia Contract. 1 ~.8.$ Adjustments made in the cost of performance may have a munully agreed fixed 6r percentage fee. ~sUPPLEMENTARY GENERAL CONDITIONS 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 Ar{icle, paragraph, subparagraph, or clause shall remain in effect. ARTICLE J 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." 11.1.1 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 Contractor's obligations, under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.12. ADD: ... The Contractor shall fumish InSurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employe~'s Liability $ t00,000. H-1 .2 .3 Comprehensive General' Liability (Including' Premises - Operations~ Independent Contractor% Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each. Occurrence $ 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 pedod 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: $ 250,000.Each 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 (Contm~o~ for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (dollars) (OwnerfContra~flngAgency) and its successors and assigns and administrators, of and from any and all manner of action and actions, causeand causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever'in law and equity, which against the said (Cw~Con~racang .4~ency) - , and JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason 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. and any admittance IN WITNESS WHEREOF, the undersigned corporation has Caused this agreement to be signed by Its, hereto affixed and duly affested by and its corporate seal to be this. day of ,2O Affest: Principal: I-1 NEW YORK ~TATE AFFIRMATIVE AI~.TION C-FRTIFICATIOI~J (TO BE COMPLETED BY EACH BIDDER) 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 part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: I, It intends to use the following listed construction trades in the work under the contract ; and, o A. As to those trades set forth in the preceding paregmph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within 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 state and non-state) in the afore-mentioned ama subject to these Bid conditions, these trades being: ; and, It will obtain from each of Its subcontmctom 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-I During 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 odgln, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national odgin. 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 understanding or otherwise, that such labor union or representative will not discriminate 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 discrireination because of race, creed, color, or national origin. 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 be 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. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provfded by the Commission for Human Rights seffing forth the substance of the provision of clauses 'a." and 'b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contraclor will state, In all sol'citations or advertisements for employees placed by or on behalf of lhe Contractor, lhat all qualif~:l applicants will be afforded equal employment opportunities without discrimination because of mca, creed, color, or national origin. E. The Contractor will comply with the provision of Sections 291-229 of the Executive Law and the Civil Rights Law, wfll 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, rocords, and accounts by the Commission for Human Rights and Owner ropresentatlves 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. F. This Contract may be forthwith canceled, terminated, er 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 theliglble for futuro 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-discrimination clauses and after a verified 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. G. If this Contract Is canceled or terminated under blause "f.", in addition to other rights 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, matedal equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount suffident for this purpose and recourse may be had against the surety on the performance bond if necessary. H. 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 provisions of such subcontract or purchase as Owner/contracting ,'~gency may direct, Including sanctions or remedies for non-(~ompliance. If the Contractor becomes involved in or is threatened with litigation ~ 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 lhe Owner (Conlracting Agency,s judsdt'ctional area). F-2 PREVAILING WAGE RATES · ATTACHMENT. WAGE DETERMINATION for Bittner Preserve Demolition & Restoration .Project 4305. SoundviewAvenue SoUthOld, NY (Annex Dept. of Labor Wage Rate Information Here) J-I NYSDOL ~ Prevailing Wages (~v PRC) Page 1 of 1 Unemployment Career Business Workfome NY Workforce & Worker Forms and Home Benefit, Se~ices Se~ices Partnem Indust~ Data Protection Publications Odoina~ Waoe Schedule · Submit No6~e Of Award · Submit NoSce Of Prelect Completion PRC~: 2009003685 Type of Contracting Agency: Town Acceptance Status: Accepted Article 8 Contracting Agency Town of Southold James McMahon Director - Public Works 53095 Main Road P.O, Box 1179 Southold NY 11971 (631) 765-1283 (631) 765- 9015 Fax James. McManon~Town. Southold. NY.US Send Reply To Project Informaflo~ Project Title Description of Work Contract Id No. Project Locations(s) Route NO I Street Address Village I City Town State / Zi~ Nature of Project Approximate Bid Date Checked Occupation(s) Demolition/Site Restoration Demolition of house pool and buikhead at the Bittner Preserve: s~te re-grading 4305 SoundvJew Avenue Southold Southola NY Demolition 06/15/2009 Construction (Building, Heavy & H~hway, Sewer. Water Tunnel) ~ppl cable Counties Suffolk J David A. Paterson. Governor Town of Southold James McMahon Director- Public Works 53095 Main Roa~J P.O. Box 1179 Southold NY 11971 bt. Patricia Smith. Commissioner Schedule Year 2008 through 2009 Date Requested 04/24/2009 PRC# 2009003685 Location Project ID# Project Type 4305 Soundview Avenue Demolition of house, pool and bulkhead at the Bittner Preserve; site re-grading 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 1st business day of each month, and future copies of the annual determination are available on the Department'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 this project, 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 Covedng 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: (5'~8)485-1870 W. Averetl Hardman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 www.labor.state.ny.us. PW 200 PWAsk@labor.state.ny.us General Provisions of Laws Covering Workers on Article 8 Public Work Contrac~ts 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 (fringe 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 cooperative educational services; a sewer, water, fire, improvement 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 ~ public work project. This schedule may be obtained by completing and forwarding a "Request for wage and Supplement Ihformation" form (PW 39) to the Bureau of Public Work. The Prevailing F~ate 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 Jurisdiction (Contracting Agency) may apply to the Bureau of Public Work for a dispensation permitting workem to work additional houm 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 mechanics employed on a public work project shall be not less than those listed in the currant 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 notif~ the Department of Jurisdiction (Contracting Agency) who in tum 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 Public Work (518) 485-1870; or electronically at the NYSDOL website www.labor.state.ny.us. Upon receiving the original schedule, the Department of Jurisdi{;tion (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 ~ubcontractor and obtain from each subcontractor, an affidavit codifying such schedules were received. If the original schedule expired, the contractor may obtain a copy of the new annual determination from the NYSDOL website www.labor.state.ny.us. The Commissioner 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 website www.labor.state.ny.us. Payrolls and Payroll Records Every contractor and subcontractor MUST keep odginal payrolls or transcripts subscribed and affirmed as true under pena ty of perjury. Payrolls must be maintained for at least three (3) years from the project's date of completion. At a m~nimum, payrolls must show the following information for each person employed on a public work project: Name, Social Security number, Classification(s) in which the worker was employed, Hourly wage rate(s} paid, Supplements paid or provide, and Daily and weekly number of hours worked in each classification. Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within thidy (30) days after ssuance of its first payroll and every thiffy (30) days thereafter, a transcript of the odginal payrolls, subscribed and affirmed as true under penalty of perjury. The Department of Jurisdiction (Contracting Agencyl shall receive and maintain such payrolls. 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 pdvate work. Payroll records include, by are not limited to time caros, work descdpfion sheets, proof that supplements were provided, cancelled payroll checks and payrolls. Failure to provide the requested intormation within the allottee ten I10) days will i'esult 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 shall provide to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 6, 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 ano 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 determination has been received by a given contractor. Care~should be taken to review the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the public work contractor to use the proper rates. If there is a question on the proper classification to be used, please call 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 elates 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 periods of time beyond the Ju y 1st to June 30th time frame covered by a particular annual determination. Rates that extend beyond that instaht 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 Sect ons 220-b of the Labor Law to so notify the fi~iancial officer of the Department of Jurisdiction (Contracfing 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 unpa d wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner 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 Jurisdiction (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 De posted in a prominent and accessible place on the site of the public work project. The prevailing wage schedule must be encased in, or constructed of, materials capable of withstanding adverse weather conditions and bottled "PREVAILING RATE OF WAGES" in letters no smaller than two (2) inches by two (2) inches. Every employer providing workers, 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. Every employer subject to the NYS 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. Employers liable for centdbutions 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 am individually registered in a program registered with the NYS Commissioner of Labor. The allowable ratio of apprentices to journeyworkers in any craft classification can be no greater than the statawide building trade ratios promulgated by the Department of Labor and included with the Prevailing Rate Schedule. An employee listed on a payroll as an apprentice who is not registered as above or is performing work outside the classification of work for which the apprentice is indentured, must be paid the prevailing joumeyworker's wage rate for the classification of work the employee is actually performing, NYSDOL Labor Law, Article 8, Section 220-3. require that only apprentices individually registered with the NYS Department of Labor may be paid apprenticeship rates on a public work project, No other Federal or State Agency of office registers apprentices ih New York State. Persons wishing to verify the apprentice registration of any person must do so in writing by mail, to the NYSDOL Office of Employability Development/Apprenticeship Training, State Office Bldg. Campus Bldg, 12, Albany, NY 12240 or by Fax to NYSDOL Apprenticeship Training (518) 457-7154. Al requests for verification must include the name and social Security number of the person for whom the information is requested. The only conclusive proof of individual apprentice registration is written verification from the NYSDOL Apprenticeship Training Albany Central 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 apprenticeship program is not conclusive proof that any person ~s 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 date o.f underpayment to the date restitution is made, A Civil Penalty may also be assessed, not to exceed 25% of the total of wages, supplements, and interest due. Debarment Any contractor or 'subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded ~,ny 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. There is any willful determination that involves the falsification of payroll records or the kickback of wages or supplements. Criminal Sanctions Willful violations of the Prevailing Wage Law (Article 8 and Article 9 of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment, or bo{h, Discrimination No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national odgin, sex, disability or madtal status. No contractor, subcontractor nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or national odgin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates [NYS Labor Law, Article 8, Section 220-e(a)). No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex, or national odgin (NYS Labor Law, Article 8, Section 220- e(b) ). The Human Rights Law also prohibits discrimination in employment because qf age, madtal status, or religion. There may be deducted from the amount payable to the contractor under the contract a penalty of $50.00 for each calendar day during which such person was discdminated against or intimidated in violation of the provision of the contract (NYS Labor Law, Article 8. Section 220-e(c) ), 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 workem' compensation coverage prior to being allowed to begin work. The insurance policy must be issued by a company authorized to provide workem' compensation coverage in New York State. Proof of coverage must be on form C-105.2 (Certificate of Workers' Compensation Insurance) anti 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 wdta workers' compensation coverage in this state. The coverage must be listed under item 3^ 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 m the format prescribed by the Workers' Compensation Board in a conspicuods place on the jobsite. Unemployment Insurance Employers liable for contribution~ 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 Town of Southold James McMahon Director - Public Works 53095 Main Roa~J P.O. Box 1179 Southo[d NY 11971 M. Patdcia Smith. Commissioner Schedule Year 2008 through 2009 Date Requested 04/24/2009 PRC~ 2009003685 Location Project ID~ Project Type 4305 Soundview Avenue Demolition of house, pool and bulkhead at the Bittqer Preserve; site m-grading 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 [3ate: Approximate Completion Date: State: Zip: / / / / Contract Type: [ ] (01) GeneralConstmction [ ] (02) HeatingNentilation [ ] (03) Electrical [ ] (04) plumbing I ] (05) Other Phone: [518) 457-5589 Fax: (518) 485-1870 W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 vcww. labor, state.ny.us. PW 16 PWAsk@labor.state.ny.us IMPORTANT NOTICE FOR CONTRACTORS & CONTRACTING AGENCIES Social Security .Numbers on Certified Payrolls The Department of Labor ~s cogmzant of the concerns of the potential for m~suse or inadvertent disclosure of social security numbers. Identity theft is a growing problem and we are sympathetic to contractors' concerns with regard to inclusion of this information on payrolls if another identifier will suffice. For these reasons, the substitution of the use of the I~st four di.qits of the social security number on certified payrolls submitted to contracting agencies on public work projects is now acceptable to the Department of Labor. NOTE: This change does not affect the Department's ability to request and receive the entire social security number from employers during the course of its public work ! prevailing wage investigations. 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 enforce 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 reqmred 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 oftha 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 def'med 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 agencies or public benefit corporations enter into a new contract or ifa contract 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 ~s not exempt, they can call the Bureau of Public Work at the number noted below for a detennination. 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, m(~nthly 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 Journal 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 each pay stub*. It also requires contractors and subcontractors to post a notice at the beginning of the performance of every public work contract on each job 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 notfit 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 ¥. u s 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 (2121 775-3568 Utica White Plains (845) 568-5398 (631) 687-4886 · (5851 258-4505 (3151 428-4056 (315) 793-2314 (914) 997-9507 * For New York City govemment 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: STA~E OF NEWYORK 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 1 O-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.us when finalized. Page ! of 2 Where to find OSHA 10-hour Construction Course NYS Department of Labor website for scheduled outreach training at: www.labor.state.ny.us/workerprotection/safetyhealth/D,OSltt_ONSITE CONSULTATION.shtm 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: crooksj e~,_,umdnj .edu (732) 235-9455 httos://ooho.umdni.edu/wconnect/ShowSchedule.awp?---43ROUP-AOTCON- 10- Keene State College Manchester, NH Leslie Singteton e-mail: lsingletin~keene.edu (800) 449-6742 www.keene.edu/courses/printdcourses osha.cfm List of trainers and training schedules for OSHA outreach training at: www.OutreachTrainers.org 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 bedirected to the New York State Department of Labor, Bureau of Public Work at 518-485-5696. Page 1 of I IMPORTANT INFORMATION Regarding Use of Form PW30R "Employer Registration for Use of 4 Day / 10 Hour Work Schedule" To use the '4 Day ! 10 Hour Work Schedule'i There MUST be a Dispensation o]:Hours (PW30) in place on the project AND You MUST register your intent to work 4 / 10 hour days, by completing the PW30R Form. REMEMBER... The '4 Day / 10 Hour Work Schedule' applies ONLY to Job Classifications and Counties listed on the PW30R Form, (Please note: For each Job Classification check the individual wage schedule for specific details regarding their 4/10 hour day posting.) PW30R-Notice NYSDOL Bureau of Public Work 1 of I Instructions for Completing Form PW30R "Employer Registration for Use of 4 Day/10 Hour Work Schedule" Before completing Form PW30R check to be sure ... · There is a Dispensation of Hours in place on the project. · The 4 Day / 10 Hour Work Schedule applies to the Job Classifications you will be using. · The 4 Day ! 10 Hour Work Schedule applies to the County / Counties where the work will take place, Instructions (Type or Print legibly): Contractor Information: · Enter the Legal Name of the business. FEIN, Street Address, City, State, Zip Code; the Company's Phone and Fax numbers; and the Company's email address [if applicable) · Enter the'Name of a Contact Person for the Comoany along with their Phone and Fax numbers, and the personal email address [if applicable) Proiect nformation: · Enter the Prevailing Rate ~ase number (PRC#) assigned to this project · Enter the Project Name / Type (i.e. ~Smithtown CSD - Replacement of HS Roof) · Enter the Exact Location of Project (i.e. Smithtown HS. 143 County Route #2, Smithtown,NY; Bldgs. 1 & 2) · if you are a Subcontractor, enter the name of the Prime Contractor for which you work On the Checklist of Job Classifications - o Go to pages 2 and 3 of the form o Place a checkmark in the box to.the right of the Job Classification you are choosing o Mark all Job Classifications that apply Requestor Information: · Enter the name of the person submitting the registration, their title with the company, and the date the registration is filled out Return Completed Form: · Mail the completed PW30R form [3 Pages) to: NYSDOL Bureau of Public Work, SOBC- gldg.12- Rm.130, Albany, NY 12240 -OR - · Fax the completed PW30R form (3 pages) to: NYSDOL Bureau of PublicWork at (518)485-1870 PW3OR-Instructlons NYSDOL Bureau of Public Work I of I New York State Department of. Labor Bureau of Public Work wi Averell Harriman State Office Campus Building 12 - Room 130 ,Albany, New York 12240 Phone - (518) 457-5589 Fax; (518) 485-1870 Employer Registration for Use of 4 Day/10 Hour Work Schedule Please Type or Print Company Name: Address: FEIN: City: Phone Number Contact Person: Fax Number: State: Email Address: Zip Code: Phone No: Fax No: Email: Project PRC#: Exact Location of Project: (If you are Subcontractor) Prime Contractor Name: Project Name/Type: County: Job Classification Is) to Work 4/10 Schedule: (Choose all that apply on job Classification Checklist- Paqes 2 & 3) Name: Title: Date: PW-30R (03-09) 1 of 3 Job Classification Checklist (Place a checkmark by all classifications that will be using the 4/10 schedule) Electrician Electrician Electric!an Lineman Elevator Constructor Elevator Constructor ilazier 43 1249a 14 35 677.1 Cayuga, Chenango, Cortland, Herkimer, Madison, Oneida, Onondaga, Oswego, Otsego, Tompkins, Wayne Genesee, Livingston, Monroe, Ontario, Orleans, Wayne, Wyoming_ Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton; Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara. Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie. Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, Yates AIlegany, Cattaraugus, Chautauqua, Erie, Gen~see, Niagara, Orleans, Wyoming Albany, Clinton, Columbia, Essex, Franklin, Fulton; Greene, Hamiliton, Herkimer, Montgomery, Oneida, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, Washington Lawrence, Wayne, Yates Ontario, Seneca, St. PW-30R (03-09) NYSDOL Bureau of Public Work 2 of 3 Job Classification Checklist (Place a checkmark by all classifications that will be using the 4/~.0 schedule) ' I JCayuga, Herkimer, Lewis, Madison, Oneida, Onondaga, _1.. 4-Buf, Nia, Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Painter Olean L vingston, Niagara, Orleans, Steuben, Wyoming PW-30R (03-09) NYSDOL Bureau of Public WOrK 3 of 3 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State ,Department of Labor Last Published on Apr 01 2009 PRC Number 2009003685 Introduction to the Prevailing Rate Schedule Information About Prevailing Rate Schedule This information is provided to assist you in tl~e interpretation of particular 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 classification of workers taking into account whether the work is heavy ano highway, building, sewer and water, tunnel work~ or residential and to make a determination of wages and supplements to be paid or provided. It is the responsibility, of the public WOrK contractor to use the [3~per rate. If there is a question on the proper classification to be used, please call the district omca located nearest the project. Dis~ict omce locations and phone numbers are listed below. PrevaNing Wage Schedules are issued separately i~or "General Construction Projects" and "Residential Construction Projects" on a county- by-county basis. General Construction Rates apply to projects such as: Buildings, Heavy & Highway, and Tunnel and Water & Sewer rates. Residential Construction Rates general y apply to construction, reconstruction, repair alteration or dernolition of one family, two family, row housing, or renta type Un ts trended for residential use. Some rates listed in the Residential Construction Rate Schedule have a very limited aR~)licability listed along with the rate. Rates for occupations or locations not shown on'the residential schedule must be obtained f~om me 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 cdteria Paid Holidays Paid Holidays are da~vs for which an eligible employee receives a regular aay's pay, but is not required to perform work. If an employee works on a day listen as a paid holiday, this remuneration is in addition to paymentof the required prevaihng rate for the work actually 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 overtime. However, the specific overtime 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. . Ove_~me 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 on such holidays. The applicable holidaxs are listed under HOLIDAYS: OVERTIME. The re(]uired rate of pay for these covered holidays can be found in the OVERTIME PAY sec[~on listings for each classification. Supplemental Benefits Particular attention should be given to the sup~olementsl benefit m({,uirements. Although In most cases the payment or provision of supplements is for each hour w~rked, some c~assifications require the payment or provision of supplements for each hour paid (including pal(3 hctidays on which no w~rk is performed) and/or may require supplements to 1se paid or provided at a premium rote for premium hours worked. Effective Dates When yqu review the schedule for a j)aHicolar o.coypation, your attentioh should be directed to the dates above the column of rates, These are the dates for which a given set or retas is effective, The rate listed is valid until the next effective rate change or until the new annual determination which takes effect on July 1 of each year. All contractors and subcontmctora ara required to Ray the current prevailing rates of wages and supplements. If you have any questions please contact the Bureau of Public Work Or visit the New York State Department of Labor websita (www.labor. state.ny.t.is) for currant wage rate information. Apprentice Training Ratios The following are the allowable ratios of registered Apprantices to Journey-workers. For exarn, l~)le the ratio 1:1,1:3 indicates the altowable initial ratio is one Apprentice to one Journeyworker. The Joumeyworker must be in place ea me project befora an Apprentice is allowed. Then three additiona/Journeywo~kers ara needed befora a second Apprentice is allowed. The last ratio repeats indefinitely. Theratore, thrae moro Joumeyworkers must be present before a third Apprentice can be hirea, and so on, Please call Apprentice Training Central Office at (518) 457-6820 if you have any questions. T~e (Trade) Ratio Boilermaker 1:1,1:3 Mason 1:1,1:4 Carpenter 1:1.1:4 Elec'bical (Outside) Lineman 1:1.1:2 Electrician [Inside) 1:1.1:3 Page 23 Prevailing Wage Rates for 07101/2008 o 06/30/2009 Published by the New York State Department of Labor Last Published on Apr 01 2009 PRC Number 200~003685 Elevator/Escalator Construction & Modernizer 1:1,1:2 Glazier 1:1.1:3 Insula6on & Asbestos Worker 1:1,1:4 Iron Wonker 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 Sprinkler 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: klew York State Depadment of Labor Bureau of Public Work State Office Campus, Bldg. 12 Albany, NY 12240 Distdct Office Locations: Bureau of Public Work - Altiany 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 - Syracuse Bureau of Public Work - Utica Bureau of Public Work - White Plains Bureau of Public Work - Central O~ce Telephone # 518-457-2744 607-721-8005 716-847-7159 516-228-3915 845-568-5287 212-775-3568 531-687-4883 585-258-4505 315-428-4056 315-793-2314 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-g523 518-485-1870 Page 24 Prevailing Wage Rates for 07101/2008 - 06/30/2009 Published by the New Yod( State Department of Labor Last Pubr=hed on Apr 01 2009 PRC Number 2009003685 Suffolk County Suffolk County General Construction · ~ JOB DESCRIPTION Asbestos Worker DISTRICT 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 are NOT to be SCRAPPED SUPPLEMENTAL BENEFITS Abestos Worker Removal & 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 Approntica Removal & Abatement Only: 1000 hour terms at the following percentage of Journeyman's rotes. 1 st 2nd 3rd 4th 78% 80% 83% 89~ Supplemental Ben~flts: (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 Repalm & Renovation SUPPLEMENTAL BENEFITS Per Hour: BoilerMaker Repairs & Renovation* $ 44.98 $ 45.89 07/01/2008 01/01/2009 12/31/2008 06/30/2009 48% of Hourly 48% of Hourly Wage Paid + Wage Paid + $ 8.09 $ 8.33 NOTE: "Houdy Wage Paid" shall include any and all premium(s) pay. *Same as Boilermaker (Includes replacement of parts and repairs & renovation of an existing unit). OVERTIME PAY See (D, O) on OVERTIME PAGE Page 25 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New Yod4 State Department of Labor Last Published on Apr 01 2009 PRC Number 2009003685 Suffolk County. HOEDAY Paid: See (8, 16, 23, 24) on HOLIDAY PAGE Ovedime: See (5, 6, 11, 12, 15, 25) on HOLIDAY PAGE NOTE: *Employee must work in pay week to receive Holiday Pay. '*Boilermarker gets 4 times the houdy wage rate for working on Labor Day. **'Repairs & Renovation see (B,E,Q) on HOLIDAY PAGE REGISTERED APPRENTICES (1/2) Year Terms at the follOWing pecen[age of Boilermaker's Wag~ I st 2nd 3rd 4th 5th 6th 7th 8th 65% 65% 70% 75% 80% 85% 90% 95% Supplemental Benefits Per Hour: 07/01/2008 01/01/2009 12/31/2008 06/30/2009 Boilermaker 48% of Ho[my 48% of Houdy 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 parts 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 includlng the following, Watedoo Mills, SlateHill, New Hampton, Goshen, Blooming Grave, Mountainville, east to the Hudson River. Putnam: Sou~h of but including the following, Cold Spring, TompkinsComer, Mahopac, Croton Fails, east to Connecticut border. Suffolk: West of Por[ Jeffemon and Patchoque Road to Route 112 tothe Atlantic Ocean. WAGES Per hour: 0710112008 Core Ddlling: Driller $ 2g.56 Assistant Ddlle~' 24.59 Note: Hazardous Waste Pay Differential: For Level C, an additional 10% above wage rate 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 work on water, an additional $ 0.50 per hour. SUPPLEMENTAL BENEFITS Per hour paid: Ddller $10.36' Assistant 10.36 OVERTIME PAY OVERTIME: HOUDAY See (E,E,K*,P,R*') on OVERTIME PAGE. Page 26 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published ~y the New York State Department of Labor Last Published on Apr 01 2009 PRC Number 2009003685 Suffolk County HOLIDAY: Paid: Overtime: See (5,6) on HOLIDAY PAGE. * See (5,61 on HOLIDAY PAGE; *' See (8,10,11,13) on HOLIDAY PAGE. Assistant: One (1) year increments at the following percentage of Assistant wages. Tnis is not an apprenticeship for Driller. 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. Westchester 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 HOLIDAY Paid: Paid: for 1st & 2n(~ 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. 2n¢ 3rd 4th 50% 655 80% Supplemental benefits per hour. Apprentices $ 25.14 9-1536 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour. 07/01~2008 Building Milhvright $ 43.69 SUPPLEMENTAL BENEFITS Per hour paid: Millwright $ 42.35 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE Page 27 Prevailing Wage Rates [or 07/01/2008 - 06/30/2009 Last Published on Apr 01 2009 HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprentices OvedJme 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 Wages per hour: (1) year terms: 1st 2nd. 3rd. 4th. $24.02 $28.39 $32.76 $41.50 Supplemental benefits per hour: (1) year terms: 1st. 2nd. 3rd 4th. $25.32 $28.07 $31.82 $36.36 Published by the New York State Department of Labor PRC Number 2009003685 Suffolk County 9-740.1 JOB DESCRIPTION Carpen[er DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess. Kings, Nassau, New York. Orange, Putnam, Queens, Richmond. Rockland, Suffolk Westchester WAGES Per hour 07/01/2008 Madne Construction: Madne Diver $ 54.63 M.D.Tender 39.18 SUPPLEMENTAr BENEFITS Per hour paid: Joumeyman $38.14 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PA~E HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprentices Overame: REGISTERED APPRENTICES Wager per hour:. (1) 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 HOLIDAY PAGE. 2nc 3rd 4th $21.54 $28.00 $34.46 Supplemental benefits per hour: Page 28 Prevailing Wage Rates for 07/0112008 - 06/30/2009 Published by the New York State Depadment of Labor Last Published on Apr 01 2009 PRC Number 2009003685 Suffolk County Apprentices $ 25.11 9-1456MC JOB DESCRIPTION Carpenter ' DISTRICT 9 ENTIRE COUNTIES Bronx Dutchess Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hou: 07/01/2008 Carpet/Resilient Floor Coverer $ 43.02 SUPPLEMENTAL BENEFITS Per hour eaid: Floor Coverer $ 36.04 OVERTIME PAY See lB, E, Q) on OVERTIME PAGE HOLIDAY Paid: Paid: for 1 st& 2nd yr. Appren6ces Overtime: REGISTERED APPRENTICES Wage per hour: (1) year terms: 1st. $17.21 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. $21.51 $27.96 $34.42 Supplemental benefits per hour: Apprentices $ 24.26 9-2287 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Roctdand, Suffolk, Westchester WAGES Per hour:. 07/01/2008 Pileddver $ 43.08 Dockbuileer $ 43.08 SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 36.04 Page 29 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York S~ate Department of Labor Last Published on Apr 01 2009 PRC Number 2009003685 Suffolk County OVERTIME PAY See (B, E2, O) on OVERTIME PAGE HOLIDAY Paid: Paid: for 1st & 2nd yr. Appren6ces 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 Wages Der 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 Categories $ 30.62 OVERTIME PAY See (B, E, Q)' on OVERTIME PAGE HOLIDAY 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 1st 2nd 3rd 4th 40% 55% 65% 75% Supplemental Benefits Per Hour: 07/01/2008 A~I Apprentice Terms ~ 17.07 4-Reg. Council Nass/Suff JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau, Suffolk WAGES Page 30 DISTRICT 4 Prevailing Wage Rates for 07/01/2008 ~ 06/30/2009 Published by the New YOrk State Department of Labor Last Published on Apr 01 2009 PRC Number 2009003685 Suffolk County Per Hour: 07/01/2008- 01/01/2009 12/31/2008 Tree Tdmmefl Line. Clearance Specialist SUPPLEMENTAL BENEFITS Per Hour: Tree Tdmmefl Line Clearance Specialist $ 25.57 $ 26.46 07)01/2008- . 01101/2009 12/31/2008 19.0% of Hourly 20.5% of Hourly Wage Paid + Wage Paid + $ 5.33 $ 5.48 NOTE: "Hourly Wage Paid" shall 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 ,~ ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008 Telephone & In~rgrated Tele- Da~ S~ems Elec~cian $ 31.80 "PLEASE NOTE" This rate classification applies to ALL Voice. Data & Video work.: Excluding Fire Alarm Systems and Energy Managment Systems (HVAC Controls), [n those cases the regular Electrician rate applies. To ensure proper use of this rate please call the-Garden C{ty Distdct Office at (516)228-3915. SUPPLEMENTAL BENEFITS Per Hour. 07/01/2008 Electrician 47.5% of Houdy Wage Paid + $ 3.90 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay OVERTIME PAY Sc~e (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 Nassau, Suffolk WAGES Per Hour: 07~1/2008 DISTRICT 4 Electrcian EI.ectrical Maintenance $ 34.90 Page 31 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Apr 01 2009 Published by the New Yorl( State Depadment of Labor PRC Number 2009003685 Suffolk Co~,.b. "PLEASE NOTE" addons.Applicablet°"EXlSTING ELECTRICAL SYSTEMS"includingbutnotlimitedto TRAFFIC SIGNALS & STREET LIGHTING. Notused ~r ** IMPORTANT NOTICE EFFECTIVE 04/01/2009 Four (4), ten (10) hour days may be worked at straight time dudng a weel<, Monday thru Thursday, with one-half (1/2) hour allowed for a lunch pedod. SUPPLEMENTAL BENEFITS Per Hour: Elec~-cian 07/01/2008 35.5% of Houny Wage Paid ~ $ 5.28 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, 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 following Percentage of Journeyman(s) Wage: 1st Y[ 2nd Yr 3rd Yr 4th Yr 5th Yr 40% 50% 60% 70% 80% Supolemental Ber~efits per hour Apprentice(s) 35.5% of Houny Wage Paid "- $ 5.28 NOTE: "Houdy Wage Paid" shal, include any and all premium(s) pay 4-25m JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau. Suffolk WAGES Per Hour: 07/01/2008- 04/~5/2009 04/24/2009 Elecifician $ 44.75 $ 45.75 Fire Alarm $ 44.75 $ 45.75 HVAC Controls $ 44.75 $ 45.75 DISTRIC~r 4 PUMP & TANK WORK Elec~cian $ 35.20 SUPPLEMENTAL BENEFITS Per Hour:. 07/01/2008- 04124/2009 Elec'Ecian 28.0% of Noudy Wage Paid + $16.31 04/25/2009 16.0% of Houdy Wage Paid + $ 22.69 Page 32 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Apr 01 2009 Published by the New York State Department of Labor PRC Number 2009003685 Suffolk County NOTE: "Houdy Wage Paid" shall include any and all premium(~) OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE ' Ove~me: See (5, 6, 15, 16, 25} on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at the following Pemetage of Journeyman(s) Wage 1 st 2nd 3rd 4th 5th 6th 35% 40% 45% 50% 60% 70% Supplemental Benefits per hour Apprantice(s) I st Term 15% of Houdy 3% of Houdy Wage Paid + Wage Paid + $ 2.36 $ 4.54 2nd Term 15% of Houdy 3% of Houhy Wage Paid + Wage Paid + $ 4.30 $ 6.79 3rd Term 28.0% of Houdy 16.0% of Hourly Wage Paid + Wage Paid + $ 7.34 $10.21 4th Term 28.0% of Houdy 16.0% of Hourly Wage Paid + Wage Paid + $ 8.17 $11.35 5th Term 28.0% of Houdy 16.0% of Hourly Wage Paid + Wage Paid + $ 9.78 ~ 13.61 6th Term 28.0% of Houdy 16.0% of Houdy Wage Paid + Wage Paid + $1.1.42 $ 15.88 NOTE: "Houdy Wage Paid" shall include any and all premium(e) pay 4-25 JOB DESCRIPTION Electrician Lineman DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES For Utility Dis~bution & Transmission Line Construction Per Hour: 07/01/2008 Lineman/Splicer ~ 39.50 Mamdal Man 34.37 Heavy Equip. Operator 31.60 Graundman 32.70 Flagman 17.78 Undergrand Natural Gasline Mechanic (2" or Less) 07/01/2008 Page 33 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published I~y the New York Sta~e Department of Labor Last Published on Apr 01 2009 PRC Number 2009003685 Suffolk Coa,,[y Journeyman U.G.Mech. $ 31.81 *' IMPORTANT NOTICE - EFFECTIVE 04/01/2009 ** Four (4), ten {10) hour days may be worked at straight time dudng a week, Monday thru Thursday, SUPPLEMENTAL BENEFITS Per Hour: Utility Distribution & Transmission Line Construction 07/0112008 Classifications 24% of Hourly Wage Paid - $ 6.40 Underground Natural Gas Mechanic Journeyman U.G.Mecn. 07101/2008 12% of Hourly Wage Paid + $ 5.96 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, Q)on OVERTIME PAGE See (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 Periods 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: EnSre County except for the Township of Stony Point Westchester: Entire County except for the Townships of Bedford Lewisboro, Cortland, Mt. Kisco, North Salem, Pound Ridge Somera and Yorktown. ' WAGES Per hour: Elevator Consl)'uctor 07/01/2008 $48.19 Elevator Cous~uctor Modern. & Service $ 38.46 SUPPLEMENTAL BENEFITS Per hour: 07/01/2008 Elevator Constructor $ 21.82 Page 34 Prevailing Wage Rates for 07/01/2008 o 06/30/2009 Published by the New Yo~ State Department cf Labor Last Published on Apr 01 2009, PRC Number 2009003685 Suffolk County Modem./Service OVERTIME PAY Gonstructor. See ( C, O 1 on OVERTIME PAGE. $ 21.67 Modem./Service See ( B, H ) on OVERTIME PAGE. When a service contract requires two 8-hour shifts, Mon-Sat. worker assigned to each of the double shifts shall work 8 houm 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 premium prorated. HOLIDAY Paid: See (5, 6, 9, 11, 15, 16, 25) on HOLIDAY PAGE Overtime: See (5, 6, 9, 11, 15, 16, 25}on HOLIDAY PAGE REGISTERED APPRENTICES WAGES: Per Hour 07/01/2008 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 1 st 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 Constructor: 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 S 19.91 9-1 JOB DESCRIPTION Glazier DISTRICT 9 ENTIRE COUNTIES Bronx. Dutchess. Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester WAGES Per hour. 07/01/2008- 05/01/2009 04/30/2009 Glazier $ 45.05 Scaffolding $ 46.05 Repair & Maintenance: Glazier $ 25.85 Repair & Maintenance- All repair & maintenance work on a particular building, whenever performed, where the total cumulative contract value is under $100.000.00. AddiUonal $ 3.40/hour Additional $ 3.40/hour Additional $1.25/hour Page 35 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the NeW York State Depad~ent of Labor Last Published on Apr 01 2009 PRC Number 2009003685 Suffolk Cob,,ty SUPPLEMENTAL BENEFITS Per hour paid: Journeyman .... $ 22.84 $12.79 Glazier r Repair & Maintanance**: OVERTIME PAY OVERTIME: See (C*,D*O) on OVERTIME PAGE. ~ Denotes if an optional 8th hour is required same will be at the regular rate of pay. If 9th hour is worked then both hours or more ( 8th and 9th or more ) will be at the oouble time rate of Day. '* For Repair & Maintenance see ( B,F, P) on overtime page. HOLIDAY Paid: See (11 on HOLIDAY PAGE Overtime: See (5, 6. 16.25) on HOLIDAY PAGE The Forlowing are paid holidays for the Repair & Maintenance Class: New Years day, Presidents day, Memorial day, Independents day, Labor day, Thanksgiving oay, Day after Thanksglwng. and Christmas oay. REGISTERED APPRENTICES Wage per hour: (1) year terms af the following wage rates. 1st term... $15.25 40% of Joumeymans wage 2nd term,.. $ 22.55 50% .......... 3rd term... $ 28.25 60% ......... 4th term... $ 36.05 80o/~ ......... Supplemental Benefits: (Per hour worked) 1st term .... $10.57 2nd term .... $15.71 3rd term..: $17.13 4th term .... $19.99 9-1281 (DC9 NYC JOE DESCRIPTION Insulator- Heat & Frost ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond. Suffolk WAGES Per hour: 07/01/2008 Heat, Frost & Asbestos Insulator(s) $ 46.86 DISTRICT 9 SUPPLEMENTAL BENEFITS Per Hour: Insulator(s) $ 27.11 OVERTIME PAY See (C, O, V) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15. 16, 25. 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: Page 36 Prevailing Wage Rates for O7~)1/2008 - 06/30/2009 Last Published on Apr 01 2009 Published by the New York State Department of Labor PRC Number 2009003685 Suffolk County Apprentice Insulator(s) 1 year terms at the following percentage of Journeyman's rates. I st 2nd 3rd 4th 40% 60% 70% 80% Supplemental Benefits per hour.' Apprentice Insulator(s) Same % as for Wage of $ 27.11 9-12 JOB DESCRIPTION Ironworker DISTRICT 9 ENTIRE COUNTIES Bronx. Kings. Nassau, New York, Queens, Richmond, Suffolk. Westchester WAGES Wages: (Per Hour) 07/01/2008 Structural ..... $ 38.65 Riggers ..... $ 38.65 Machinery Movers ..... $ 38.65 Machinery Erectors ..... $ 38.65 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 (10th) 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 eight (8) hours and double time shall be paid for ail work thereafter. HOLIDAY 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 1st 2nd 3rd 4~ 5th 6th $20.42 21.02 21.02 21.62 21.62 21.62 Supplemental Benefits: (Per Hour) Applies to all Apprentices. $ 36.00' Page 37 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Apr 01 2009 Published by the New York State Department of Labor PRC Number 2009003685 Suffolk County 9-40/361-Str JOB DESCRIPTION Ironworker DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Rockland: Southern Section WAGES Per hour: 07/01/2008 Reinforcing & Metal Lathing... $ 45.57 Shift Work: ,Off-hour shifts must begin after 3:30pm, and e~d 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 over[ime code "V"). OVERTIME PAY OVERTIME: See (A*,E*,Q,V)on OVERTIME PAGE. * All overtime in excess of ten (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: 1 st 2nd 3rd $ 26.90 $ 30.97 $ 35.50 Supplemental Benefits per hour paid: 1st 2nd 3rd $ 23.33 $ 24.88 $ 25.93 9-46Reinf JOB DESCRIPTION Ironworker DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour:. 07/01/2008 Ornamental $ 39.15 Chain Link Fence $ 39.15 Guide Rail Installation $ 39.15 Shift Work: Minimum duration of 5 days. Page 38 Prevailing Wage Rates for 07101/2008 - 06/30/2009 Published by the New Yod( State Department of Labor Last Published on A~or 01 2009 PRC Number 2009003685 Suffolk County Monday thru Friday:. When two or three shifts are employed each shift shall work 7 hour days and be paid for 10 1/2 hours. Shifts not completing the full 7 hours shall be paid 1 1/2 times the straight-time rate for the hours worked. Sa{urday, Sunday, Holidays: When two or three shifts are employed, each shift shall work 7 hour days and be paid for 15 3/4 hours. Shifts not completing the full 7 hours shall be paid 2 1/4 times the straight-time rate for the hours worked. 'SUPPLEMENTAL BENEFITS Per hour paid: 0710112008 Journeyman: $ 38.32 OVERTIME PAY OVERTIME: See (A",D1,E**,Q,V) on OVERTIME PAGE. *Time and one-halt shall be paid 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 (8th & 9th hours of work) ane double time shall be paid for all worl( 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 tollowing percentage of Journeyman's wage. APPRENTICES: 1 st 2nd 3rd 4th 5th 6th 60% 65% 70°/~ 80% 85% 95% Supplemental Benefits ~er hour paid: 07101/2008 1st 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 DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassa(~, New York, Queens. Richmond. Suffolk, Westchesmr WAGES Per hour:. 07/01/2008 Derrickman/Rigger $ 48.00 SUPPLEMENTAL BENEFITS Journeyman $ 27.38 OVERTIME PAY OVERTIME See (A*,D1,E**,Q,V) on OVERTIME PAGE. *Time and one-half Shall be paid for all work 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 (8th) and ninth (9] 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 Page 39 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on ,~pr 01 2009 PRC Number 2009003685 Suffolk County (7) houm and double time shall be paid for all work thereafter. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 10) on HOLIDAY PAGE HOLIDAY: Paid: ........ See (1) on HOLIDAY PAGE. Overtime:....See (5', 6*, 8**, 24***, 25**) on HOLIDAY PAGE. . *No work shall be p~n~ormed on this day, except in cases of emergency. Such work shall be done at double time rate of pay. **Double time rate of pay. ***Work stops at schedule lunch break with furl day's pay. REGISTERED APPRENTICES Wage per hour: (1/2) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 50% 50% 70% 80% 90% Supplemental benefits per hour Paid: Registered Apprentice 1 st year All othem 50% of journeyman's rate 75% of iourneyman's rate 6th 9O% 9-197D/R JOB DESCRIPTION Laborer- Building ENTIRE COUNTIES Nassau. Suffolk WAGES Per Hour: Building Laborer Asbestos Abatement Worker (Re-Roofing see Roofer) 07/01/2008 $ 28.75 $ 29.00 SUPPLEMENTAL BENEFITS Per Hour: Building Laborer Asbestos Worker 07/01/2C08 $ 23.42 $11,10 OVERTIME PAY See (A, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Over~: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Regular Hours Work Terms lNot Available for Abatment Work) TERM #1 I hrto 1000hrs TERM #2 1001hfs to 2000hrs TERM fl3 2001hrs to 3000hrs .TERM 84 3001hm to 4000hrs Wagesperhou~ APPRENTICES (Not Allowed on Abatment WORK) TERM #1 $16.00 TERM #2 18.75 TERM ~ 21.25 Page 40 DISTRICT 4 Prevailing Wage Rates for 07101/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Apr 01 2009 PRC Number 2009003685 Suffolk Coun[y TERM #4 24.00 Supplemental Benefits per hour: APPRENTICES TERM #1 $11.83 TERM #2 13.33 TERM #3 14.11 TERM #4 14.61 4-66 JOB DESCRIPTION Laborer- Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau Suffolk WAGES Laborer [Heavy/Highway): GROUP # 1: Asphalt Rakers and Formsetters. 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 Forty (40)paid Hours in a work Week $14.62 OVERTIME PAY See (B, E2, F) on OVERT[ME PAGE NOTE: NOTE: HOUDAY Paid: Overtime: Premium Pay of 25% of wage for all Straight time hours on New York State D.O.T. and other Goverment Mandated Off--Shift Work Hazardous Material Work add an Additional 10% of Houdy Rate See (1) on HOLIDAY PAGE See (1) on HOLIDAY PAGE REGISTERED APPRENTICES One [1] Year Terms at the following Pecentage of the Journeyman's Wage 1si 2nd 80% 90% Supplemental Benefits per houF APPRENTICES $ 22.83 After Forty (40)paid Hours in a wark Week $14.62 4-1298 Page 41 'Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Laber L~st Published on Apr 01 2009 PRC Number 2009003685 Suffolk County r JOB DESCRIPTION Maso~ DISTRICT 9 ENTIRE COUNTIES Bronx. Kings. Nassau, New York, Queens. Richmond. Suffolk WAGES Per Hour: 07/01/2008 Brick/Blocklayer ~ 44.99 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Brick/Block 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 nour 1st 2nd 3rd 4th 5th 500hm $21.76 $25.79 $29.82 $33.86 $37.89 6th 500hfs $39.91 Supplemental Benefits per hour: All Apprentices $11.38 9-1Brk JOB DESCRIPTION Mason- Building DISTRICT 9 ENTIRE COUNTIES Bronx. Kings, Nassau, New York. Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour:. 07/01/2008 12/01/2008 Building: Tile Finisher $ 36.77 $ 37.68 SUPPLEMENTAL BENEFITS Journeyma~ $ 20.65 $ 21.40 OVERTIME PAY See (A, E, Q) on OVERTIME PAGE HOLIDAY Paid: See 1) ou HOLIDAY PAGE Overtime: See 5, 6, 8, 10, 11, 15, 16) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (per hour paid) ( 750 hour ) terms at the following percentages of journeyman's wage. I si 2nd 3rd 4fl~ 5th 6th 7th 8th 50% 55% 65% 70% 75% 85% 90% 95% Supplemental Benefits: (per hour paid) .(750) hour terms at the following percentages of journeyman's wage: Page 42 Prevailing Wage Rates for 0710112008 ~ 06/30/2009 Published by the New york State Department of Labor Last Published oa Apr 01 2009 - PRC Number 2009003685 Suffolk County Apprentices. 1 st 2nd 3rd 4th 5th 6th 7th 8th 50% 55% 65% 70% 75% 85% 90% 95% 9-7/88-ff JOB DESCRIPTION Mason- Building DISTRICT 9 ENTIRE COUNTIES Bronx. Kings, Nassau, New York, Queens. Richmond, Suffolk, Westchester WAGES Per hour: 07101/2008 01/01/2009 Building:Ma[ble Restoration Marble, Stone. etc & Polisher ~ 36.36 $ 36.26 Marble, Stone, etc Finisners ~ 18.91 ~ 18.94 SUPPLEMENTAL BENEFITS Journeyman: 07101/2008 01/01/2009 Polisher $19.20 $19.80 Finisher $ 9.50 $10.47 OVERTIME PAY See IA, E, Q, V) on (~VERTIME PAGE HOLIDAY Paid: See (*5, 6, 11, 15) on HOLIDAY PAGE Over~ime: 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. Ali othem See ( 1 ) on HOLIDAY PAGE. REGISTERED APPRENTICES Wages: (per hour worked) Polisher:. 900 hour terms at the following percentage of Journeyman's wage. Term: 1st 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: I st 2n¢ 3rd 4th 5th 6th 7th Hours: 1- 751- 1501- 2251- 3001- 3751- 4501- 750 1500 2250 3000 3750 4500 5250 70% 74% 78% 82% 88% 96% 100% Supplemental Bener~s: (per hour worked) Polisher: 07/01~008 Term wage % of $6.50 plus $12.70 01~1~009 Term wage % 656.50 ptus $13.30 Finishe~ $ 9.50 $10.47 Page Prevailing Wage Rates for 07/01/2008 - 06130/2009 Published by the New York Slate Department of Labor Last Published on ~kor 01 2009 PRC Number 2009003685 Suffetk County 9-7/2~ JOB DESCRIPTION Mason - Building DISTRICT 9 . ENTIRE COUNTIES Bronx, Kings, Nassau. New York. Orange, Putnam, Queens. Richmond. Rockland, Suffolk. Westchester WAGES Per hour: 07/01/2008 Building: Tile Setters $ 45.32 Shift Work: 12:01am Monday- 12:00midnight Friday $ 56.65 12:01am Satur~ay- 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 Oveltime: See 5, 6 8, 10, 11.15 161 on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: (750 hr)terms at the following wage rates Term: 1st 2nd 3rd 4th Hours: 1- 751- 1501- 2251- 750 1500 2250 3000 12/01/2008 $ 46.83 $ 58:53 $ 70.24 $ 93.66 $ 24.65 5~ 6~ 7th 8~ ~h 3001- 3751- 4501- 5251- 6001- 3750 4500 5250 6000 6750 Wages: $22.73 25.18 2g.93 32.26 34.72 39.47 41.82 44.10 45.32 Supplemental Benefi~per hourpaid: Term: 1st 2nd 3rd 4th 5th 6th 7t~ 8~ 9th Hours: 1- - 751- 1501- 2251- 3001- 3751- 4501- 5251- 6001- 750 1500 2250 3000 3750 4500 5250 6000 6750 Supps. $12.00 13.03 15.23 16.37 17.38 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 $40.26 SUPPLEMENTAL BENEFITS DISTRICT 9 01/01~009 $42.14 $40.65 Page 44 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New york State Department of Labor Last Published on Apr 01 2009 PRC Number 2009003685 Suffolk County Joumeyman: $28,26 $ 29.26 OVERTIME. PAY See (A~ E, Q, V) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: (750 Hour) terms at the following percentage of the Terrazzo Mechanic'S wage. I st 2nd 3rd 4th 5th 6th 1- 751- 1501- 2251- 3001- 3751- 750 1500 2250 3000 3750 4500 50% 55% 65% 70% 75% 85% Supplemental benefits per hour paid: (750 hour) terms at the following percentage of Terrazzo Mechanic's benefit. 1 st 2nd 3rd 4th' 5th 6th 1- 751- 1501- 2251- 3001- 3751- 750 1500 2250 3000 3750 4500 50% 55% 65% 70% 75% 85% 7th 8th 4501- 5251- 5250 6000 90% 95% 7th 8th 4501; 5251- 5250 6000 90% 95% 9-7/3 JOB DESCRIPTION Mason - Building / Heavy&Highway DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens. Richmond. Suffolk WAGES NOTE: Shall include but not limited to Precest concrete slabs (London Walks) Ma~le and Grenite pavers 2'x 2' or larger. Per Hour: 07/01/2008 Stone Setter S 56.34 Stone Tender S 35.63 SUPPLEMENTAL BENEFITS Per Hour. 07/01/2008 Stone Setter $ 22.03 Stone Tender $16.33 OVERTIME PAY See (*C, **E, Q) On OVERTIME PAGE * On weekdays the eighth (8th} and ninth (gth} hours are time and one-half all work thereafter is paid at double the hourty rate. ** The first seven (7) hours on Saturday is paid at time and one-hail all work thereafter is paid at double the houdy rate HOUDAY Paid: See (8, 25) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Per Hour:. 07/01/2008 Stone Settei~750 hour) terms at the following wage rate per hour:. 1st 2nd 3rd 4th 5th 6th term term term term tent term $28.34 $32.78 $37.33 $41.87 $46.42 $48.69 Page 45 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Apr 01 2009 PRC Number 2009003685 Suffolk Couniy Supplemental Benefits for all terms 07/01/2008 $13.86 9-1Stn JOB DESCRIPTION Mason - Building / Heavy&Highway DISTRICT 9 ENTIRE COUNTIES Bronx. Kings, Nassau, New York, Queens, Richmond. Suffolk WAGES Shall include but not limited to: fired clay brick pavers, pressed concrete pavers, cobble stone, asohall 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 Journeyman $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: I si 2nd 3rd 4th 5th 6th 500hrs 500hfs $ 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 DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour. 07/01/2008 Marble-Finisher $ 40.75 SUPPLEMENTAL BENEFITS Jouroeyma~ $ 23.73 OVERTIME PAY See (C, O, V) on OVERTIME PAGE HOLIDAY Paid: See ['2] on HOLIDAY PAGE Overtime: See [5, 6, 8, 11, 15, 25) on HOLIDAY PAGE * 1/2 Day for Labor Day. REGISTERED APPRENTICES Wages: 01/01/2009 41.30 24.33 Page 46 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Apr 01 2009 Published by the New York State Depadment ~f Labor PRC Number 2009003685 Suffolk County 750 hour terms at the following percentage of Journeyman's wage. I st 2nd 3rd 4th 5th 6th 1- 751- 1501- 2251- 3001- 3751- 750 1500 2250 3000 3750 4500 50% 55% 65% 70% 75% 85% Supplemental Benefits: 07/0i/2008 7th 8th 4501- 5251- 5250 6000 90% 95% 01/01/2009 lst-6th terms $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 JOB DESCRIPTION Mason- Heavy&Highway DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2008 (MASON) Pointer, Cleane'r & Caulkem $ 37.39 SUPPLEMENTAL BENEFITS Pointer, Cleanem & $ 20.11 Caalkers OVERTIME PAY See (B, E2, H) on OVERTIME PAGE HoLIDAy Paid: See (1)on HOLIDAY PAGE Overtime: See (5, 6) cln HOLIDAY PAGE REGISTERED APPRENTICES Wages: (Per hour) One (1) year terms at the following wage rates. 1st 07/0!/2008 $19.61 Apprentices Supplemental Benefits.: (per hour paid) 2nd $ 22.72 3rd $ 27.95 4th $ 34.38 07/01/2008 1st 2nd 3rd 4th $ 2.80 $ 7.00 $ 9.50 $ 9.50 · JOB DESCRIPTION Mason - Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2008 Cement Mason $ 47.50 SUPPLEMENTAL BENEFITS Per Hour. 07/01/2008 DISTRICT 9 9-1PCC Cement Mason $ 26.80 Page 47 Prevailing Wage Rates for 07/01/2008 ' 06/30/2009 Last Publishe~d on Apr 01 2009 Published by the New Yonk,State Departmeat of Labor PRC Number 2009003685 Suffolk County OVERTIME PAY See (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 at the following wage rates. 1st Term $ 23.75 2nd Term $ 28.50 3rd Term $ 33.25 Supplement Benefits per hour paid: Apprentices: 1st term $ 20.84 2nd term $ 23.44 3rd term $ .26.02 9-780 ;JOB DESCRIPTION Operating Engineer- Building DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES BUILDING CATEGORIES: CLASS "AA "CRANES: Crane, Truck Crane, Derdck, Dragline, Dredge, Crawler Crane, Tower Crane & Pile Driver. CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler, Bodng Machine, Cherry Picker (over 50 tons), Concrete Pump, Gradall, Grader, Hoist;Loading · Machine (10 yds. or more), Milling Machine, Power Winch - Stone Sethng/Structural Steel & Truck Mounted, Powerhouse, Road Paver, Sooop-CarryalEScraper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (self-propelled), Tank Work, Tower Crane Engineer. CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Chemj Picker (under 50 Tons), Conveyor-Multi, Dinkey Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine & Front Loader, Mulch Machine (Machine Fed), Power Winches (Not Included in Class "A"), Asphalt Roller, Hydraulic Pum~3 with Bodng Ma(~hine, Scoop, Carryall, Scaper, Maintenance Man on Tower Crane; Trenching Machine, Vermeer Cutter, Work Bo~t; CLASS "C": Curb Machihe, Maintenance Engineer (~mall Equip. & Well Point), Field MeChanic, Milling Machine (Small), Pulvi Mixer, Pumps (all), Relier (dirt), Ridge Cutter, Vac-,edl, Shotblaster, Striping Machine, Intedor Hoist, Concrete Finish Machine, ConCreteSpreader, Conveyer, Curing MaChine, Hoist (one dram). CL/~SS "D": Concrete Breaker, Concrete Saw/Cutter, Fork Life or Walk Behied (power operated), Generator, Hydra Hammer, Compactors (mechanical or hand operated), Pin Puller, Portable Heatem, Power Booms, Power Buggies, Pump (double action diaphragm). CLASS "E": BatChing Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump (gypsum), Pump (single action diaphragm), Stump Chipper, Track Tamper, Tractor (caterpiller or wheel), Vibrator, Deckhand on W0rkboat, 07/01/2008 Class 'AA' $ 52.28 Crones: Boom length over 100 feet add $1.00 per hour "150 · "$1.50' · "250" ' $2.00"" · 350" · $3.00" · C-.Jass 'A# *Add $3.50 for Hazardous Waste Work 46.04* Class ·B" · $ 43.65' Page 48 Prevailing Wage Rates for 07101/2008 - 06/30/2009 Publishe~ by the New York State Department of Labor Last Published on Apr 01 2009 PRC Number 2009003685 Suffolk County *Add $2.50 for Hazardous Waste Wo~ Class 'C" $ 42.06' *Add $1.50 for Hazardous Waste Work Class "D" $ 38.85 Class "E" ~ 37.24 SUPPLEMENTAL BENEFITS Per Hour. 0W01/2008 ALL CLASSES $ 28.29 NOTE: Overtime Rate $ 23.05 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 aay before and day after a holiday to receive holiday pay. REGISTERED APPRENTICES One(l) Year Terms at the following Rate: 07/01/2008 I st Term $ 20.84 2nd Term 21.67 3rd Term 22.33 Supplemental Benefits 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 $ 29.00 + $1.16 Well Ddller Helper 25.52 25.52 + $1.03 Hazardous Waste Differential Added to Houdy Wage: Level A $ 3.00 $ 3.00 Level B 2.00 2.00 Level C 1.00 1.00 Monitoring Well Work Add to Houdy Wage: Level A Level B SUPPLEMENTAL BENEFITS 3.00 $ 3.00 2.00 2.00 Page 49 Prevailing Wage Rates [or 07/01/2008 - 06/30/2009 Last Published on Apr 01 2009 Published by the New York S~ate Department of Labor PRC Number 2009003685 SulfolkCoun[y Well Ddller Well Drller Helper (NOTE) OVERTIME PAY See (B, E, G, P) on OVERTIME PAGE HOLIDAY 07/0'1/2008- 07/31/2008 $10% of straight time rote p~us $9.55 Additional $2.25 for Premium 'Rme 08101/2008 10% of straight time rate plus $ 9.55 Additional $ 2.88 for Premium Time paid: See (5, 6, 16, 23) on HOLIDAY P~GE Overtime: See (5, 6, 16, 23) on HOLIDAY PAGE 4-138we~1 JOB DESCRIPTION Operating Engineer- Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau. Suffolk WAGES Parbj Chief - One who directs a survey party nstrument Man - One wno rans the instrument and assists Pady Chief Rodman - One who holds the rod and in general, assists the survey party Categories cover CPS & Under Gruuno Surveying Per Hour: 07/01/2008 Heavy Highway/Building Par~y Chief $ 49.11 + $3.41/Hr Instrument Man 37.01 + $2.83/Hr Rodmar 32,63 + $2.62/Hr Steel Erection Party Chief $51.03 + $2.63 Instmmee! Man 40.30 + $2,25 Rodma~ 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) ee OVERTIME PAGE · Doubletime paid on the 9th hour on Saturday. HOLIDAY 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 DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES HEAVY/HIGHWAY CATEGORIES: CLASS "AA" CRANES: Crane. Truck. Crane. Derrick, Dragline, Dredge, Crawler Crane, Tower Crane. Pile Driver. Page 50 Prevailing Wage Raf~ss for 07/01/2008 - 06/30/2009 Published by the New York State Depadment Of Labor Last Published on Apr 01 2009 PHC Number 2009003685 Suffolk County CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler Chenypicker (over 50 tons), Concrete Pump, Grader, Gradalt, Hoist Loading Machine 10 yds. or more), Milling Machine, Power Winch~,tone Setting/Strustural Steel or Track Mounted, Powerhouse, Road Paver, Sseop-Car~yalI-Scaper in Tandem; Shovel, Sideboom Tractor, Stone Spreader (self propelled), Tank Work, Track Alignment Machine. CLASS "S': Backhoe, Boom Truck, Bulldozer, Bo~ing Machine/Auger, Cherry Picker (under 50 tons), Conveyor-Multi, Dinky Locomotive, Fork Lift; Hoist (2 drum), Loading Machine & Front Loader, Mulch Machine (machine fed), Power Winches (all othem not inciuded in CLASS A), Asphalt Roller, Hydraulic Pump with Bodng Machine; Scoop, Cam/all, Scaper, 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, Roller (Dirt), Vac-All, Welding/Burning, Compressor (Structural Steel & 2 or more Batteries), Concrete Finish Machine, Concrete Spreader, Conveyor, Cudng Machine, Fireman, Hoist (One Drum), Ridge Cutter, Striping Machine~ Welding Machine (Stractural Steel & Pile Work). CLASS "D": Compressor (~ile,Crane,Stone Setting), Concrete Saw Cutter/Breaker, Work Lift (Walk Behind,Power Operated), Generator (Pile Work),Hydre Hammer, Hand Operated Compactor, Pin Puller, Portable Heater, Powered Broom/Buggy/Grinder, 'Pump (Single Action-1 to 3 Inches/Gypsum/Double Action Diaphragm), Hand Trenching Machine~ Welding Machine. CLASS "E": Batching 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. 07/01/2008 Class "AA" Cranes: Boom Length over 100 feet add $1.00 per hour "150 ' ' $1.50"" ' 250" ' $2.00" ' "350 ' ' $3.00"" $ 53.56 Class "A" *Add $3.50 for Hazardous Waste Work. $47.31' Class "B" *Add $2.50 for Hazardous Waste Work. $ 44.14" Class "C" "Add $1.50 for H~Tardous Waste Work $ 42.54* Class 'D" $ 39.33 Class "E" $ 37.74 "NOTE": PREMIUM PAYof 25% on straight time hours for NEW YORK STATE- D.O.T. and other GOVERNMENTAL MANDATED off-shift work. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 ALL CLASSES $ 27.39 Note: OVERTIME AMOUNT $ 23.05 OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See 15, 6, 8, 9, 15,25 on HOLIDAY PAGE Overtime: See [5, 6, 8, 9, 15) on HOL DAY PAGE "NOTE": Employee must be employed day before and day after a holiday to receive I~liday pay. REGISTERED APPRENTICES One(l) Year Terms at the toltowing Rate: 1st Term $ 20.84 2nd Term 21.67 3rd Term 22.33 Page 51 Prevailing Wage Rates for 07~01/2008 - 06/30/2009 Published by ~ New York State Department of Labor Lasl Published on Apr 01 2009 PRC Number ~noo,~33685 Suffolk Cou.[y APPRENTICES $15.89 Note: OVERTIME AMOUNT 5.85 4-138 JOB DESCRIPTION Operating Engineer- Marine Construction DISTRICT 4 ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Ede, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgsmery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orang~, Odeans, Oswego, Otsego, Putnam, Queens, Rensselaef, Richrndnd, Rockland, Saratoga, Schenectady, Schohade, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk. Sullivan. Tioga, Tompkins. Ulster, Warren. Washington, Wayne. Westchester. Wyoming, Yates WAGES Per Hour: DIPPER.CLAMSHELL DREDGES 07/01/2008- 10/01/2008 & HYDRAULIC DREDGES 09,'30/2008 CLASS A Operator, Leverman. Lead Dredgema~ $ 32.09 $ 32.89 CLASS B Spider/Spill Barge Operator, $27.94 $ 28.49 Tug Operator(over1000bp), Operatorll, Fill Placer Derrick Operator, Engineer, Chief Mate. Electrician. Chief Welder. Maintenance Engineer Certified Welder. $ 26.29 $ 26.84 Boat Operator(licensed) CLASS C Drag Barge Operator. Steward, Mate, Assistant Fill Placer, Welder (please add) Boar Operator CLASS D Shoreman, Deckhand, Rodman, Scewman, Cook. Messman, Porter/Janitor Oiler(please add) 25.49 $ 26.14 $ 0.51 $ 0.06 24.79 $ 25.29 20.64 $ 21.09 0.09 $ 0.09 SUPPLEMENTAL BENEFITS Per Hour: THE FOLLOWING SUPPLEMENTAL BENEFITS APPLY TO ALL CATEGORIES 07/01/2008- 10/01/2008 09/30/2008 All Classes A & B $ 7.80 plus $ 8.05 plus 7% of straight 7% of straight time wage time wage (overtime hours add) $ 0.63 $ 0.63 A~lClassC $ 7.50 plus $ 7.75 plus Page 52 Prevailing Wage Rates for 07/0i/2008 - 06/30/2009 I~st Published on Apr 01 2009 Published by the New York State Department of Labor PRC Number2009003685 Su~folJ( County (overtime hours add) 7% of straight 7% of straight time wage time wage $ 0.48 $ 0.48 All Class D (ovedime hours add) OVERTIME PAY See (B, F, R) on OVERTIME PAGE HOLIDAY $ 7.20 plus $ 7.45 plus 7% of straight 7% of straight time wage time wage $ 0.23 $ 0.23 Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 15, 26) on HOLIDAY PAGE 4-25a-MarConst JOB DESCRIPTION Operating Engineer- Trenchless Pipe Rehab DISTRICT 4 ENTIRE COUNTIES Albany Allegany, Bronx, Broome, Cattaraugus, Cayuga Chautauqua Chemung Chenango Clinton Columbia COrtland Delaware Dutchess, Erie, ESsex, FranklinL Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagaral Oneida, Onondaga, Ontario, Orange, Odeans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schohade, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES Per I~our: 07/01/2008 DSET/DSSET Operator $ 31.50 Robotic Unit Operator 31.50 DDCC Injection Operator 31.50 Technician/Equipment Operator 27.00 AM Liner/Hydra Seal Installer 27.00 Hobas Pipe, Polyethyene Pipe or Pull and Inflate Liner lout. 27.00 SUPPLEMENTAL BENEFITS Per Hour Worked A~I Classlfacations $11.34 OVERTIME PAY See (B, HI on OVERTIME PAGE HOLIDAY Paid: See (5, 6. 8. 9, 15, 25) on HOLIDAY PAGE REGISTERED ~d~PRENTICES At One Year Terms (Per Hour) Fimt Your $ .16,00 'Second Year 16.75 Third Your 17.25 Fourth Year 18.00 Supplemental Benifit (Per Hour Worked) All Terms $11.34 Page 53 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New Yo~ State Department of Labor Last Published on Apr 01 2009 PRC Number 2009003665 Suffolk County 4-138TrchPRet~ JOB DESCRIPTION Painter ENTIRE COUNTIES Nassau, Suffolk WAGES Per hour:. Drywall Taper SUPPLEMENTAL BENEFITS Per hour worked: 07/01/2008 $ 35.00 DISTRICT 9 Journeyman $ 20.84 OVERTIME PAY See (A, H) on OVERTIME PAGE HOLIDAY 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-NYDCT9-DVV'/ JOB DESCRIPTION Painter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau. New York, Putnam. Queens. Richmond. Suffolk, Westchester WAGES (Per hour) 07/01/2008 Brush S 35.00 Spray & Scaffold 38.00 Fire Escape 38:00 Decorator 38.00 Paperhanger/Wall Coverer 36.83 SUPPLEMENTAL BENEFITS ( per hour worked ) 07/01/2008 Paperhanger $ 24.15 All othem 20.94' OVERTIME PAY See (A, H) on O. VERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Indentured after 5/31/93 ( 1 ) year terms at the following wage rate. Page54 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Apr 01 2009 (per hour) Published by the New York State Department of Labor PRC Number 2009003685 Suffolk County Appr 1st term... $13.25 Appr 2nd term... 17.50 Appr 3rd term... 21.00 Appr 4th term... 28.00 Spplemental benefls: (per Hour worked) Appr 1st term... $ 9.82 Appr 2nd term... 12.32 App,' 3rd term... 14.74 Appr 4th term... 19.42 9-NYDC9-B/S JOB DESCRIPTION Painter- Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008- 10/01/2008 09/30/2008 Structural Steel $ 44.00 $ 45.25 Bddge Painting 44.00 45.25 Power Tool/Compressor 50.00 51.25 "NOTE" Bridge Painting Contracts. ALL WORKERS on and off the bridge(including flagmen) ara 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/ All Classifications $ 27.66 $ 28.31 OVERTIME PAY See (A, F, R) on OVERTIME PAGE HOLIDAY Paid: See [~1] on HOLIDAY PAGE Overtime: See(5, 6) on. HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour:. One(1 ) Year Terms at the following Percentage of the Joumeyman(s) Wage: I st Term 40% 2nd Term 60% 3rd Term 80% Supplemental Benefits per hour: Apprentice(s) 1 st Term $ 27.66 $ 28.31 2nd Term 27.66 28.31 3rd Term 27.66 28.31 4-DC9/NS-BrSS JOB DESCRIPTION Painter- Line Striping DISTRICT 9 Page 55 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Apr 01 2009 Published by 11~ New Yor~ State Department of Labor PRC Number 2009003685 Suffolk ENTIRE COUNTIES Aibaey, Bronx, Clinton, Columbia, Dutchess, Essex, Frankl n, Fulton, Greene, Hamilton, Kings, Montgomery, Nassau, New York Orange wPt~e.l~stn~c~,,QteUreeas, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Suffolk, Sullivan, Ulster, Wan'en, Washington, WAGES per hou~ Painter (Striping-Highway): 07/01/2008 Striping-Machine operator* $ 25.53 Linerman Thermoplastic $ 30.79 Note: * Includes but is not limited to: Positioning of cones and directing of traffic using hand held devices. Excludes the Ddver/Operatar of equipment used in the maintenance and protection of traffic safety SUPPLEMENTAL BENEFITS Per hour paid: 07/01/2008 Journeyman: $ 9.97 + 7% of wage OVERTIME PAY See (B, E, P, S) on OVERTIME PAGE HOLIDAY Paid: See (5, 20) on HOLIDAY PAGE Overtime: See (5, 8, 11, 12, 15, 16, 17, 20, 21, 22) on HOLIDAY PAGE 9-8AJ28A-LS JOB DESCRIPTION Painter- Metal Polisher DISTRICT 9 ENTIRE COUNTIES · AJbany, Allegany, Bronx, Braome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenengo, Clinton, Columbia, Cortland, Delaware Dutchess, Erie, Essex, Franklin, Fulton, Genesae, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomer~ Nassa~ New York, Niagara, One da, Onondaga, Ontario, Orange, Odeans, Oswego, Otsego, Putnam, Queens, Rensselaer Richmond. I~ockland. Saratoga, Schenectady, Schoharie, Schuyler. Seneca. St. Lawrence. Steuben. Suffolk, Sullivan, Tioga, Tompklns, Ulster, Warren. Washington, Wayne, Westchester, Wyoming, Yates WAGES 07/01/2008 Metal Polisher $ 23.10' *Note: All workers shall De paid an additional premium in ar amount equal to twenty (20%) percent of their basic straight time rate of pay for all Ume worked on hanging scaffolds and on standing scaffolds while va3rking more than 34 feet off the 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 HOLIDAY Paid: See (5, 6, 11, 15, 16, 25 261 on HOLIDAY PAGE Overtime: See (5, 6, 9, 11, 15. 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES 55% of Basic Polisher Rate 9-8A/28A-MP JOB DESCRIPTION Plasterer ENTIRE COUNTIES 'Kings, Nassau, Queens, Suffolk PARTIAL COUNTIES New Yo~k: Includes work in all Islands in New York City, except Manhattan. WAGES Per houc DISTRICT 9 Page 56 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Apr 01 2009 Building: Plasterer/Traditional SUPPLEMENTAL BENEFITS Per hour ',~3~ed: Joumeyman 07/01r2008 $ 35.53 $ 21.80 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1 on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 25, 26) on HOL DAY PAGE REGISTERED APPRENTICES Wages: (per hour) ( 1 ) year terms at the following % journeyman's wage rate. First year: 1st 6 months 2nd 6 months 40% 45% SeCOnd year: 1st 6 months 2nd 6 months 55% 60% Third year: I st 6 months 2nd 6 months 70% 75% Supplemental Benefits: (per i~our paid): (1) year term broken down into six month periods: 1st year: 1st six mOnths $ 8.37 2nd six months 9.35 3rd six mOnths 11.35 4th six months 12.33 5th six months 14.33 6th six months 15.33 JOB DESCRIPTION Plumber ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour. 07/01/2008 Plumber/ PUMP & TANK ~ 42.24 SUPPLEMENTAL BENEFITS Per Hour: 07/0112008 Plumber $18.57 OVERTIME PAY See (B, N, V) on OVERTIME PAGE (V) Sunday & Holidays Only HOMDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at the Following Wage Per Hour: Page 57 Published by the New York State Depadment of Labor PRC Number 2009003685 Suffolk Coun[y DISTRICT 4 9-530-Z1 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published'by the New York State Department of Labor Last Published on Apr 01 2009 PRC Number.2009003685 Suffclk County 07/01~008 1st Term $ 9.77 2nd Term 15.37 3rd Term 20.96 4th Term 26.80 Supplemental Benefits per hou~ 1st Term $ 8.39 2nd Term 8.89 3rd Term 9.39 4th Term 9.64 4-200 Pump & Tank 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) Maintenan(.~: Correction of problem(s)with the existing fixture or group of fixtures, preventive repairs or servicing of said fixtures SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008- 05/01/2009 04/31/2009 Plumber $9.00 MAINTENANCE 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(1 ) Year Terms. WAGES Per Hour as Follows: 07/01/2008- 04/31/2009 $9.40 05/01/2009 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 2nd term 3rd term 4th terrr $7.55 $7.90 $7.55 $7.90 $7.55 $7.90 $7.55 $7.60 Page 58 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by Ihe New York State Department of Labor Last Published on .~or 01 2009 PRC Number 2009003685 Suffolk County 5th term $7,55 $7.90 4-200 Maintance JOB DESCRIPTION Plumber DISTRICT 4 ENTIRE COUNTIES Nassau. Suffolk WAGES Per Hour: 07/01/2008- 10/31/2008 Ptumber ~ 46.98 11/01/2008 $ 47.73 SUPPLEMENTAL BENEFITS Per Hour: ' Plumber $ 24.68 $ 25.43 OVERTIME PAY See (A, O, V) on OVERTIME PAGE CODE "V~ is only for SUNDAYS and HOLIDAYS WORKED HOLIDAY Paid: See (1) on HOLIDAY PAGE Oveddme: See (5, 6, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at the following percentage of Plumbem Rate: 1st Term 2nd Term 3rd Term 4th Term 5th Term 30% 40% 50% 60% 70% 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 3r~ Term 16.78 16.78 4th Term 17.78 17.78 5th Term 18.78 19,28 4-200 JOB DESCRIPTION Roofe[ DISTRICT 4 ENTIRE COUNTIES Nassau. Suffolk WAGES Rate Per Hour 07101/2008- 10/01/2008 09130/2008 Roofer/Waterproofer $ 37.75 addl. $2.50 Page 59 Prevailing Wage Rates for 07/01/2008 * 06/30/2009 Published by the New Yeti( State Department of Labor Last Published on Apr 01 2009 PRC Number 2009003685 Suffolk County SUPPLEMENTAL BENEFITS Per Hour: Roo~r/Wa~roo~t 07/01/2008- 09/30/2008 $ 22.62 10/01/2008 22.62 OVERTIME PAY Per Hour; NEW ROOF SEE (B,E,Q) RE-ROOF SEE (B,E,E2,Q) HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime:. See (5, 6, 13, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES (1) Year terms at the following pecemage of Roofem/VVaterproofem Wage 1st 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 4-154 JOB DESCRIPTION Sheetmetal Worker DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens Richmond, Suffolk WAGES Per I-Iour: 07/01/2008- 08/01/2008- 07/31/2008 01/3'J/2009 Sheetmetal Worker $ 43,69 $ 45.44 02/01/2009 $ 46.44 Main~nance ofFansisS0%ofAbove Wage Ra~ SUPPLEMENTAL BENEFITS PerHoor: 07/01/2~8- 07~1/2008 08101/2008- 02/01/2009 01/31/2009 Sheetmetal Worker $ 35.26 $ 35.26 $ 36.01 OVERTIME .PAY See (A, O) on OVERTIME PAGE For Fao Maintenance See Codes 8 & O HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25, 26} on HOLIDAY PAGE REGISTERED APPRENTICES Per Hour; Page 60 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Pdblished on Apr 01 2009 (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% . Published by the New York State Department of Labor PRC Number2009003685 ,Suffolk County Supplemental Benefits per hour. 1st Term $14.41 2nd Term 16.25 3rd Term 17.84 4th Term 19.44 5th Term 21.01 6th Termr 22.48 7th Term 24.41 8th Term 28.19 4-28 JOB DESCRIPTION SheetmetalWorker 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- 07/16/2008 07/15/2008 $23.59 25.20 OVERTIME PAY See (A, F, S) on OVERTIME PAGE HOUDAY Paid: See (5, 6, 11, 12, 16, 25)on HOLIDAY PAGE Overtime: See (5, 6, 10, 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): 1 st 2nd 3rd 35% 40% 45% 6th 7th 8th 60% 65% 70% 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 Page 61 4th 5th 50% 55% 9th 10th 75% 80% Pievailing Wage Rates for 07/01/2008 - 06/30/2009 Pubtished by the New York State Depadment of Labor Last Published on Apr 01 2009 PRC Number 2009003685 Suffolk County 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 DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York. Queens. Richmond. Suffolk WAGES Per Hour 07J01/2008 Steam Fitter $ 45.67 Sprinkler Fitter 45.67 For Work on Temporary Heat & Air Conditioning 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, VI 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, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour worked: ( 1 ) year terms at the following percentage of Journeyman's wage. Apprentices: I st 2nd 3rd 40°/~ 50% 65% Suppeimental Benefits: (1) year term at the following dollar amounts: Apprentices: 1 si 2nd 3rd 07/01/2007 $15.79 $19.53 $25.15 4th 80% ~h $30.75 5th 85% 5m $32.63 9-638A-StmSpF~ ,lOB DESCRIPTION Steamfitter ENTIRE COUNTIES Bronx, Kings, Nassau, New York. Queens, Richmond, Suffolk WAGES Per Hou~ 07/01/2008 DISTRICT 9 Page 62 Prevailing Wage Rates for 07101/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Apr 01 2009 PRC Number 2009003685 Suffolk County Steamfitter/Maintance $ 32.45 Refrigeration, NC, Oit Burner and Stoker Service and Installations. limited on Refrigeration to combined compressors up to five (5) horsepower, and on A/C Heating and Air Cooling to combined compmssom up to ten (10) horsepower. SUPPLEMENTAL BENEFITS Per Hour 07/01/2008 Steamf[ttedMa[ntance $ 7.71 OVERTIME PAY OVERTIME:....See ( B, E, Q*, S** )on OVERTIME PAGE. HOLIDAY HOLIDAY: Paid: ........ See [ 2, 6, 9, 10, 11, 15, 17, 26,Memorial Day} on HOLIDAY PAGE. Overtime:.... * (2, 6, 9, 15, 17 ) "( 10.11.26. Memorial Day ) 9-638B-StmFtrRe! JOB DESCRIPTION Survey Crew Consulting DISTRICT 9 ENTIRE COUNTIES Bronx. Kings, Nassau, New York. Putnam, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Dutchess: Only the pod[on south ofthe north cityline in Peaghkeeps~e. WAGES Feasibility and preliminary design surveying, line and grade surveying for [nsDectiea or supervision of construction when performed unear a Consulting Engineer agreement. Categories cover GPS & underground surveying. WAGES: (per hour) 07101/2007 Survey Rates: Pady Chief. .... $ 29.82 InstrUment Man.. $ 25.01 Rodman .......... $ 21.95 SUPPLEMENTAL BENEFITS (per hour paid) Journeyman ...... $11.70 OVERTIME PAY OVERTIME:.... Sea ( B, E*, Q, V ] ON OVERTIME PAGE. *Double6me paid on the 9th hour on Saturday. HOLIDAY Paid: See (5, 6, 7, 11, 16) on HOLIDAY PAGE Overtime: See(5, 6, 7, 11, 16) on HOLIDAY PAGE 9-15deansult JOB DESCRIPTION Teamster- Building / Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per I-tour: 07101/2008 Truck Driver, Chauffeur Trailers $ 26.33 Straight Jobs 26.03 Page 63 Prevail;ng Wage Rates for 07J01/2008 - 06/30/2009 Last Published on Apr 01 2009 Publ/shed by the New York State Department of Labor PRC Number 2009003685 Sulfo~k County SUPPLEMENTAL BENEFITS Per Hour: 0~01D008 All CAassificaUons $19.20 OVERTIME PAY See (B, L. S. S1) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 7, 8, 11, 12, 26) on HOLIDAY PAGE Employee must work Two(2) Days in Holiday Week 4~282.Demo JOB DESCRIPTIOI~ Teamster- Delivery of Asphalt & Concrete DISTRICT A ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 0710112008 "TRUCK DRIVER" Asphalt Delivery $ 32.885 Concrete Delivery 32.885 ADDITIONS Per Day: Throe(3] Axle Tractors and Trailem:' $10.00 Heavy Equipment and Tag~Along Trailers: 10.00 Boom Truck Ddvers: 8.00 .SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 '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 hours 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 Paid at Triple if Worked. 4-282~s JOB DEscRIPTION Welder DISTRICT 1 ENTIRE COUNTIES AJbany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenaogo, Clinton, Columbia, Cortland, Delaware M[~otnfC~l~eS~m, Ede.~ Essex,..Fron~in: F.U.!ton, Ge_nee?e, Greene,, Hamilton, Herkimer, Jefferson, Kings, Lewis, Uvingston, Madison, Monroe, r~i.-h.,,~,~,~_,~ ~.~ ~..,. __..._~__,._~_L~ ~_ _Y?~lumery~ N~sau, ~ew Yon(, ~agara, uneeda, Ononoaga, Ontario, Orange, Odeans, Oswego, Otsego, Putnam, 'Queens. Rensselaer, Tioga, Tornpkins, WAGES Per hour 07/01/2008 Welder (To be paid the ~ame rate of the mechanic performing the work) OVERTIME PAY HOLIDAY Page 64 1-AsPerTrade Prevailing Wage Rates for 07/01/20~8 * 06/30/2009 Last Published on Apr 01 2009 Published by the New York State Department of Labor PRC Number 2009003685 Overtime Codes Following is an explanation of the cede(s listed in the OVERTIME section of each classification contained in the attached schedule. Additional requ rements may a so be listed in the HOLIDAY section. lA) (AA) lB) (s1) B2 ) lC) (C~) (D) (D~) (E) (El) (E3) (E2) ( E4 ) (F) (G) (H) (I) (J) (K) (L (M (N (O (P (Q (R) (S) (S1) (T) Time and one half of the houdy rate after 7 hours per day Time and one half of the houdy rate after 7 and one half hours ;)er day Time and one half of the houdy rate after 8 hours per day Time and one half of the houd¥ rate for the 9th & 10th hours week days and the 1st 8 hours on Saturday. Double the houdy rate for all additional hours Time and one haft of the hourly rate after 40 hours per week Double the houdy rate after 7 hours per day Double the houdy rate after 7 and one half hours per day Double the houdy rate after 8 hours ;)er day Double the houdy rate after 9 hours per oay Time and one half of the hourly rate on Saturday Time and one half 1st4 hours on Saturday Double the hourly raze ail 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 dudng 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 during that week due to inc~ement weather Time and one half of the houdy rate on Saturday and Sunday Time and one half of the houdy rate on Saturday and Holiday~ Time and one haft of the houdy rate on Saturday, Sunday, and Holidays Time and one half of the hourly rate on Sunday Time and one half of the houdy rate on Sunday and Holidays Time and one half of the houdy rate on Holidays Double the houdy rate on Saturday Double the houdy rate on Saturday and Sunday Double the houdy rate on Saturday and Holidays Double the hourly rate on Saturday, Sunday, and Holidays Double the hourly rate on Sunday Double the hourly rate on Sunday and Holidays Double the hourly rate on Holidays Two and one half times the houdy rate for Holidays, if worked Two and one half times the houdy rate the first8 hours on Sunday or Holidays One and one half times the houdy rate all additional hours. Triple the houdy rate for Holidays, if worked Page 65 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Apr 01 2009 Published by the New Yo~k State Department of Labor PRC Number 200900368~ ( U ) Four times the hourly rote for Holidays, if worked ( V ) tsduding benefits at SAME PREMIUM as shown for overtime ( W ) Time and one half for benefits on ail overtime hours. NOTE:BENEFITS are PER HOUR WORKED.for each hour won~ec, unless otherwise noted Page66 Prevailing Wage Rates for 07101/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Apr 01 2009 PRC Number 2009003685 Holiday Codes PAID Holidays: Pa d Holidays are da~,s 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 liste(] as a paid holiday, this rernuneration is in addiben to paymemof the requ red preva ~ng rate for the work ac[uatly performed. OVERTIME Holiday Pay; Overt me holiday pay is the premium pay that is ref:juired for work performed on specified holidays. It is only required where the actually performs work on such holida~vs. The apphceble holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay ~)oYree these covered holidays can be found ~n the O'~ERTIME PAY section listings for each classification. Fo ow ngs an explanation of the code(s) listed in the HOLIDAY section of each classiticafion contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally c~assified. ( 1 ) None ( 2 ) Labor Day ( 3 ) Memorial D~y and Labor Day ( 4 ) Memodal Day and Ju~y 4th ( 5 ) Memorial Day, July 4th, and Labor Day ( 6 ) New Year's. Thanksgiving, and Christmas ( 7 ) Lincoln's Birthday, Wash[ngton'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 Thanksg~wng ( 17 ) July 4th ( 18 ) 1/2 Day before Christmas ( 19 ) 1/2 Day before New Years ( 20 ) Thanksgiving ( 21 ) New Year's Day ( 22 ) Christmas ( 23 ) Day before Christmas ( 24 ) Day before New Year's ( 25 ) Presidents' Day ( 26 ) Martin Luther King, Jr. Day Page67 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 LAW Fax (518) 485-1 870 or mail this form for new schedules or for determination for additional occupations. THIS FORM MUST BE' TYPED SUBMITTED BY: [] CONTRACTING AGENCY [] PUBLIC WORK DISTRICT OFFICE I DATE: (CHECK ONE) [] ARCHITECT OR ENGINEERING FIRk~ I 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: 2. NY State Units [see Item 5) [] 01 DOT [] 02 OGS [] 03 Dormito~, Authority [] 04 State University Construction Fund [] 05 SUNY/Colleges [] 06 Mental Hygiene Facilities Corp. [] 07 OTHER N.Y. STATE UNIT [] 08 City [] 09 Local School Disthct [] 10 Special Locat District. ~.e. Fire. Sewer. Water District [] 11 Village [] 12 Town [] 13 County ~ '4 Other Non-N.Y. State (Des~be) 3. SEND REPLY TO ,[] cneck if new or change) Name ana complete address: Telephone: ( ) Fax:( E-Mail: PROJECT PARTICULARS 5. Project Title Descdptio~ of Work Contract Identification Number Note: For NYS units, the OSC Contract No 7. Nature of Project- Check One: [] 1. New Building [] 2. Addition to Existing Structure [] 3. Heavy and Highway Construction (New and Repair} [] 4. New Sewer or Waterline [] 5. Other New ConstnJction (Explain [] 6. Other Reconstruction. Maintenance. Repa r or A teration [] 7. Demolition r- 8. Building Sen/ice Contract 9. Nameand Title of Requester 4. SERVICE REQUIRED. Check appropriate box and provide project information. [] New Schedule of Wages and Supplements. I APPROXIMATE BID ~DATE: I [] Additional Occupation and/or Redetenmination PRC NUMBER ISSUED PREVIOUSLY FOR I TH S PROJECT: I I OFFICE USE ONLY 6. Location of Project: Location on Site Route No/Street Address Village or City Town Coun~ 8. OCCUPATION FOR PROJECT: [] Construction (Building, Heavy Highway/Sewer/Water) [] Tunnel [] Residential [] Landscape Maintenance [] Elevator maintenance [] Exterminators. Fumigators Signature [] Guards, Watchmen [] Janitors Porters. Cleaners [] Moving fumiture and equipment [] Trash and refuse removal [] Window cleaners [] Other [Des~be) OFFICEUSEONLY Locality Designations: PW-39 (03- 07) SEE PAGE TVVO FOR LAWS RELATING TO PUBLIC WORK CONTRACTS I I I ~kYROLL CI~TIFICATION FORM do heeeby st~e~ ~. Th~ I ~ or su~lse ~e ~ent ~ ~e ~ ~ by on ~ ; ~at duH~ ~o p~y~ll ~H~ ~en~ng no d~ ~ve ~. ~ e~ dl~ or I~ ~m ~ ~1 ~ ~ ~ ~ ~en ~r ~ k-1 PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS .... . (for Contractor and S~b-Contmctor's use for Weekly. ahd Final Nameof I--I C~,~4~ror, [] Sub-Co~.~:-~,~,c .. Addre~ofGontiz0tororSub. Gontr~. ' Telephone No. WeekEnding or FlnalCertlflc~Uon ProJectName&Loc.-~tlon: PrevalllngWageSerlal N~Jmber: t. z. 3. I..: .4. DAYAND DATE S. 6. 7. 0, 0, Social Security Number ~ ~ ~ Work ~ 'I TO'~AL RATE G~O~$ WITH- TOTJU, I HOURS DF PA9 AMOUNT FICA HOLDING STATE DEDUC- i PAID 0 $. o S 0 $ i$ 0 S 0 $ 0 $ cOMPLIANCE WITH THE LABOR LAW AND OTRER DEPARTMENT OF LABOR.REGULATIONS ~TATi~ RF:_GULATIONS: t.. 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 prevision of law and clause required by law to be part of this Contrac~ shall bi deemed to be Included herein and this ContTact shall be teed and enforced as though it were Included herein, and, If through mere mistake or otherwise any such prevision is not Included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such Inclusion. Specifically, Section 220-E, of the'Labor Law, as so amended, prehlblts in contracts, dlscrimlcatlon on account of race, creed, color, or national origin 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 Intimidsted In violation of the provisions of said paragraph, this Contract may be canceled or termlnsted by the Owner'and all monies due or to become due hereunder may be forfeited. FEDI=-RAL REGULATIONS: (~.ERTIFICATION OF NONREGREGATED FACILITIES. By the submisaion of this 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 facilities at any of his establishments, and that he will not permit his employees to perform thair serVl~.s at any location, under' this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification Is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated fadllfles" means any waiting rooms, work areas, rest rooms and wash moms, restaurants and other eating areas, time docks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other stem. ge or d?ssingi~r~oS, parking lots, drinldng fountains, recreation or entertainment areas, transpormu n, and housing facilities prevlded for employees which am segregated by explicit directive or are In fact on the basis of ,.-ed, olor. identical ~,~llloMlons from propose~ suo~on~ra,~u-, -,, ~,,~,,, ..... - .... · obtain klentloal ~eCdflcatlons from proposed sul~ontra~tors prior to the award of aub~o,[,-~s ex~dthg $10,000 wfllch am not exempt f~om the provisions of the will forward OIIowlng ............. '-*- s-"'"~ ume L-t 2. NOTICE TO PROSPECTIVE SUI:~CONTRACTORR OF REOUIREMENT FOR CERTIFICATION~ (3F NON sEGRERATED FACILITI .F_S. A certification of Non-segregated Facilities must be submitted prior to the award cfa subcontract exceeding $ t0,000 -which Is .not exempt from the provleions of the Equal Opportunity clause. The certification may be submlttedelther for each subcontract or for all sdbcontracts during a porlod (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements In offers Is prescribed In 18U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) (2) (3) (4) (s) (6) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or naitonal 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 be Ilmltsd to, the following: employment, upgrading, demotion or transfer; recrultment or recruitment edvertislng; layoff or termination; rates of pay or other forms of compensation; and selection for training, 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 provisions of this nondiscrimination Clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all quallfied applicants will receive consideration for employment without regard to race, creed, color, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract'or understanding, a house to be provided by the agency contracting officer, advising the tabor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, t965, and shall post copies of the house In conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executi~,e Order No. 11246 of September 24, t965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all Information and reports required by Executive Order No. 11246 of 8epte~tber 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 cf Investigation to ascortsln compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with *the nondleerlminaflon 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 part and the cordmotor may be declared inellilible for further government contracts In acoordanoe vdth prooedures authorized In Exeoutive Order No. 11245 of September 24, 1960, and suoh other san~lens may be Impo-~d and remedies Invoked as provHed In Exeoutlve Order ¶1246 of 6q~emksr 24,1~6% or by rule, regulation, or order of the 6eoretary of Labor, or as othemlee prodded by law. L-2 The. contractor will Include the provlalons of Paragraphs (1) through (7) in evel/ 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 previsions will be binding upon each subcontractor or vendbr. The eontraator will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, Including sanctions for noncompliance: P_my. ldsd, hpwAvAr: that in the event the contractor becomes Involved In, or Is threatened with, litigation with e subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter Int6 such litigation to protect the 'interests of the United States." 3. FEDERAl- PROCHRI~MF_NT RI~GULATI~NS I~OUAL OPPORTUNITY IN I~MPI~OYM~NT ~ ~eporf~ and Other Req.ired Information (a) Requirements for prime contractors and subcontractors. (2) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause Its subcontractore to file annually, on or before March 3t, complete and accurate reports on Standard Form J00 (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 subcot~tractor (i) is not exempt from the previsions-of this Sub-part 1-12.8 in accordance with 1.t2.804; (ii) has 50 or more employees; (il~ is a prime contractor or first-tier subcontractor;, and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds In any amount, or Is a financial Institution which is an Issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which pmfonns construction work at the site of construction shall be required, to file such a report If it meeta the requirements In subdivisions (I), (11), and (iv) of this paragraph (a) (t). Each person required by subparagraph (1) of t~ls paragraph to submit reports shall file such a report with the contracting or edmlntstedng agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within t2 months preceding the date of the award. Subsequent reports shall be submitted annually*In accordanco with subparagraph (t) of this paragraph, or at such other Intervals as the agency or the Dira~or may require. The egem~y, web the approval of the Director, may exteed the time for filing any r~porL The Dlreeto. r, the agenoy, orthe applicant, on their own motions, may require a prime contractor to keep employment or other*records and to furnish In the form requested, within reasonable #mRs, such information as the Director, agency, orthe applicant deems ~eoescary for the administration of the Order. The failure to file timely, complete, and ao~rate reports, as required. ~mstitutes noncomplbm~ ~ ~h~ ~ contractor's or subcontractor'; obligations under the Equal Opportunity clause ~md Is · ground for the lhlsmlb-parL Anym~hfailure~hallbereporte~lnVmungmmeu~'~r x L-3 1-12.805.4 Reports and Other Re .mdmd Information (b) Requirements.for bidders or prospective c°ntractors. (1) Each agency shall require each bidder or prospective prime contractor all~ 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 contraol or'subcontract subject to the Equal Opportunity clause; and, If so, whether it has filed with the Joint Reporting Commlttse, the Oiroctor, an agency, or the former President's Commlttse 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 offerer) 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 Executive Order No. 10925, or the clause contained In section 20:1 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 p. rlor to subcontract awards." (The above representation need not be submitted in connection with contractS or subcontracts which are exempt from the clause.) When a bidder or offeror fails 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 shall be reqdlred to submit such Information as the agency or the Diractor 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 shall be required, prior to award, or after the award, or both, to furnlch such other intormatlon'as the agency, the appllcanf~ or.the Director requests. (c) Use of reports. Reports filed pumuant to this 1-t2.805A shall be used only In connection with the administration of the Order, the Ch'Il Rights Act of t964, or In furtherance of the purposes of the Order and saki AoL L-4 ( d ) Acquisition of Report Forms. Standard Form t00 Is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The sto~ number for the form Is as follows: Standard Form No. 100 Stook Number 7540 -926-2049 Title Equal employment opportunity employer information report. t -t 2.805.4 pROCUReMeNT STANDARDS Ac All contracts for ~:nn~tm~flon or repair shall Include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) 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 J:ZDJ:tStI:UGUS~t contracts and in excess of $ 2,500 for other contracts wflloh Involve the employment of mechenlcs or laborers shall Include a provision for compliance with. Section t03 and t07 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Ragulatlons (29 CFR~ Part Under Section 103 of the Act, each Contrkctor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of ~ houm and a standard work-week of 40 hours. Work In exoess of the standard work day or work week Is I~emdsclbis provided that the worker is compen, sated at a rate of not less than 1-1/2 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. Section t07 of the act Is applicable to construction work and provides that no laborer or meohardc shall be required to work In surroundings or under woddng conditions whl~ are unsanlta~, hazardous, or dangerous to hIs health and safety as determined under construction, safety, and health standards promulgated bythe Secrotsryof Labor. These requirements do not apply to the purchases of supplies or materials or strides ordinarily available on the open market~ or eontraots for transportation. ee transmleslon of Inislllgerme. L-Ii Each contract of an amount in excess of $. 2,$00 awarded by a Grantee .or Sub.grantee shall provide that the recipient wltt comply with:. applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise lite recipient that submission of a Bid or offer' or the submittal of an Invoice.or voucher for property, goods, or services furnished under a centract or agreement with the Grantee shall constitute a certlflca~n 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 requlrss the recipient to agree to comply with all sppl[ceble standards, orders, or regulations Issued pursuantto the Clean Air Act of 197'0. Violations shall be reported to the Grantor Agency and the Reglonal Office of the Environmental Protection Agency. Contracts shall contain such contra~=tual provisions or conditions which will allow for adrninlstrative, contractual, or legal remedies in Instances where contractors violate or breach dontracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2.,500, shall contain suitable pr0vislons for termination by the grantee Including the manner by which It will be effected and the basis for sefflement. In addition, such contracts shall describe conditions under which the contract may he tennlnated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor, In all contracts for ~ or facility Improvement awarded In excess of $100,000, grantees shall obsprve the bonding requirements provided In Attachment B to this Circular. Ail contracts and sub-grants In excess .of $ ¶0,000 shall Include provisions for compliance with ExecUtive Order No. t1246, entitled, ~Equal Employment Opportunity~, ss supplementad in Department of Labor Regulations (41 CFR~ Prat 60). Each contractor or sub*grantee shall bo required to have an affirmative a~lon Iflan which declares that It does not discriminate on the basis of race, oolor, religion, emed, natioital odgln, sex, and ago and whloh spesifles goals and target dates to assure the Implementation of that plan. The grantee shall eatabll~ procedures to auure ~ompllance with this requirement by contmotore or sub-grantsce and to assure that suspected or reported COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the foil°wing requirements: · 3. t Section 220.2 which requires s stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part 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, wot'kman or mechanic employed by the contractor, subcontractor 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 prevailing supplements as determined by the risc, al officer. Section ?.20.3-a also requires that the contractor and every'subcentractor 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 ~o woJ'k 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 his work force on any Job under the registered program. Any ~mployee listed on a payroll at an apprentice wage rate, who is not registsrad 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 requirad to fumtsh written evidence of the registration of his 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 requiros provisions by which the cohtractor with the State or municipality agrees: (8) Tbs(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 against any citizen of the. State of New York who Is qualified and available to perform the work to v4dch the employment, relatss; (D) That no contractor, subcontractor, nor any person cn his behalf shall, in any manner, discriminate against or intimidate any employee hired for the pmformanco of work under this contract on account of race, ereed, color or national origin. (Your attention is directed to the provisions of the 8tare law against Discrimination v4tich elso prohibits discrimination In employment because of age).; (c) Thst there may be dedu,:ted from tbe amount payable to the contractor bY the State or municipality under tills contrast a penalty of five dollars for each oalendar day dudr~l which such person was discriminated against or Intimidated in violation of the L-7 (d) That this contract may be canceled or terminated by the State or municipality, and moneys due or to become due hereunder may be ferfeltad, 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 contract for or on behalf of the State or municipality for the manufacture, sale or distribution of. matsdals, equipment or supplies shall be limited to operafions performed within the territorial limits of the State of New York. Secfion 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 six 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 preferenf~e In employment to citizens of the State of flew York are not complied with, the contract shall be void. 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 maintained 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 void. 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 ¶4, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department 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 provislcos as ara required by law. General Regulation to. 1, as issued by the State Commission for Human Rights, mClUires that each contract contains a Stipulation that: 'lt Is hereby agreed by and'between the parties hereto that evep/ contractor and subcontractor engaged In the pobflc work described In this contract shall post and maintain at each of his establishments and at all places at which the p(iblic 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 pertinent Information. Such Notice shall be posted In easily acoesslifle and well lighted place~ eustomerliy frequented by employees and applicants for employment." The Hotlco may be obtainecJ from the department having Jurisdiction, or from the office of the State Commission for Humara Rights In the respe,:tive area. You are requested to refer to the Bureau of Publlo Work all oharges of discrimination In employment Including discrimination bee~use of age, race, creed, oolor or national origin. L-8 PROJECT SPECIFICATIONS - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. SUMMARY OF WORK COVERED BY THE CONTRACT DOCUMENTS: It is the intent of these Specifications that the Contractor shall provide all site preparation work as needed or required to accommodate the Demolition Work. Limits of work under this contract shall include the area found in Drawing:.A1, to follow. It is the intent of this specification that all footings, foundations, mechanical equipment and related construction materials and debris fields shall be removed from the site in there entirety. All other construction related debris fields noted herein or encountered in the field shall be removed from the site in there entirety. Thc burying of debris and related materials shall not be approved. All excavations and/or open holes shah be filled in a uniform manner with an approved, clean, natural fill. This approved fill material shah align with existing contours and the natural topography of the site. All debris generated from the demolition activities shaH be disposed of the by the Contractor at an approved upland site. Burning of material on the site will not be permitted. Material to be removed shah be removed from the site on a daily basis as it accumulates. Unauthorized excavation shall consist of the removal of materials beyond the limits of the buildings and debris materials indicated in the plan, Unauthorized excavation, as well as remedial work directed by the DPW shall be at the Contractor's expense. If at any time the Contractor encounters any debris or objects not specifically indicated or noted herein, it shah be the Contract,ors responsibility to coordinate the removal of additional debris materials or demolition work with DPW In summary the work shall include the following: · Removal and disposal ora +/- 3,750 s.f. one story brick and flame single family home, with basement, septic system and underground oil tank · Removal and disposal of a +/- 700 s.f. brick and fzhme garage · Removal and disposal of an in-ground swimming pool, retaining wall and pool house · Removal and disposal of the renmunts of an old steel bulkhead, approximately % way between the house and the new bulkhead · Removal and disposal of a +/- 310 linear feet of timber bulkhead. · Removal of any contaminated fill and backfill the area to rmmic the adjacent dune contours, with clean sand. The material in back of the existing b~ulkhead may be used to fill the holes letl by removing the house foundation and swimming pool 'NOTE: It is the intent of this proposal that all man-made structures and materials are to be removed in their entirety. Furthermore, any and all man-made materials encountered at this site that may not be specifically noted herein shall be removed as part of this contract. Z 0 Z Z N, 43o 34' 30" W. $. 43° 34' 30" E. 0 N. ~5 13' 3O" SCTM #: 1000-68-01-17.2 1773.61' SITE PLAN - EXISTING CONDITIONS SCALE: 1" = ZOO' Drawing: A-1 Sheet# I of 3 I I / g I ! I I o 30" N. 43 34' W. o 30" ~. 43 ~4' ~' ALL NEW PLANTING AND LANDSCAPING WITH NATURAL VEGETATION SHALL BE LANDWARD OF SPRING HIGH WATER. o 30" W, N. 45 POOL &: BRICK PATIO SINGLE FAMILY RESIDENCE MASONRY & WOOD FRAME APPROXIMATE LINE OF NEW DUNE SYSTEM. RECONSTRUCTION OF DUNE AND PLANTING WITH NEW NATIVE SPECIES SHALL BE LANDWARD OF SPRING HIGH WATER MARK, a" SITP, PLAN DP, TAIL EXISTING CONDITIONS SCALE: 1" = 50' Drawing: A-2 CONTRACTOR SHALL REMOVE THE EXISTING RESIDENCE, POOL HOUSE, POOL, PATIO, FENCING, RETAINING WALLS~ FOUNDATION MATERIALS AND ALL OTHER MAN MADE SITE IMPROVEMENTS ENCOUNTERED AT THE SITE. NOTE: DEMOLITION OF THE TIMBER BULKHEAD SHALL BE DONE AFTER ALL OTHER SITE DEMOLITION HAS BEEN COMPLETED AND APPROVED BY THE TOWN or SOUTHOLD. EXISTING TIMBER BULKHEAD TO BE REMOVED. THIS ITEM SHALL INCLUDE, BUT NOT BE LIMITED TO. ALL OF THE FOLLOWING: BULKHEAD DEAD MAN SYSTEM, METAL TIE RODS AND REMNANTS OF ALL OLD BULKHEAD SYSTEMS BURIEO BEHINC THE EXISTING STRUCTURE, AND ALL OTHER MAN MADE STRUCTURES OR DEBRIS ENCLUNTERED DURING DEMOLITION. LONG ISLAND SOUND SINGLE FAMILY RESIDENCE MASONRY & WOO0 FRAME EXISTING FOUNDATIONS AND ALL CONTAMINATED MATERIALS ENCOUNTERED DURING EXCAVATION SHALL BE REMOVED TO THE SATISFACTION OF THE TOWN OF SOUTHOLD. NOTE: UPON COMPLETION OF ALL EXCAVATION & DEMOLITION WORK. THE CONTRACTOR SHALL FILL ALL EXCAVATIONS WITH CLEAN SAND & GRAVEL MATERIAL. ALL EXCAVATION WORK SHALL BE LEFT IN A CLEAN, SAFE CONDITION PRIOR TO THE REMOVAL OF THE TIMBER BULKHEAD. NOTE: ALL NEW PLANTING AND LANDSCAPING SHALL BE LANDWARD OF SPRING HIGH WATER. NEW VEGETATION SHALL CONSIST OF BAYBERRY & BEACH PLUMB ACQUIRED FROM THE N,Y.S,O.E.C. , SARATOGA TREE NURSERY AND AMERICAN BEACH GRASS (AMMOPHILA BREV1LIGULATA) ACOUIRED FROM PEAT & SON LOCATED IN WESTHAMPTON, NEW YORK. APPROXIMATE LINE/FACE OF NEW DUNE SYSTEM. FACE OF NEWLY RECONSTRUCTED DUNE SHALL BE LANDWARD OF SPRING HiGH WATER AND SHALL ALIGN WITH THE EXISTING DUNES AT EACH SIDE OF THE DEMOLITION WORK TO CREATE A CONTINUOUS RECONSTRUCTION OF THE NATURAL DUNE SYSTEM. POOL HOUSE MASONRY POOL EXISTING FENCING GRADE NOTE: ALL EXISTING MAN MADE STRUCTURES SHALL BE TOTALLY REMOVED FROM THIS SITE. ALL WORK SHALL BE IN COMPLIANCE WITH NEW YORK STATE D.E.C. STANDARDS & PROJECT REQUIREMENTS. THE REMOVAL OF ALL UNDERGROUND STORAGE TANKS SHALL SHALL MEET THE MINIMUM REQUIREMENTS OF THE SUFFOLK COUNTY HEALTH DEPT. CROSS SECTION - EXISTING CONDITIONS [ SCALE: N.T.S. ?? ~o OO Drawing: A-3 Sheet # I of 3 JAMES C. McMAHON Director Telephone (631) 765-1283 Fax (631) 765-9015 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TOWN OF SOUTHOLD DEPARTMENT OF PUBLIC WORKS MEMO R~CZlY~D TO: FROM: SUBJECT: DATE: $ou.'.:~o~ Town Clerk Supervisor Scott A. Russell & Town Board Members Melissa Spiro, Land Preservation Department Jim McMahon, Director, DPW Bittner Preserve - Demolition Project November 20, 2009 Over the last few weeks, I have been monitoring the demolition of the house and pool/pool house at the Bittner Preserve. The contactor has completed this phase of the project and did an excellent job. The contractor has started on the removal of the metal bulkhead that is behind the wooden bulkhead (see attached site plan). In looking at the material that has been excavated, around the metal bulkhead, it is evident that this area has been backfilled with material that has a lot of brick, metal, concrete and other miscellaneous debris and it looks like the material behind the wooden bulkhead contains the same type of unsuitable material. This undesirable material would spread be all over the beach, once the wooden bulkhead is removed and it is the consensus of all those that have visited the site that this material on the beach would be totally unacceptable and should be prevented. I have reviewed several options with Jamie Richter, Peter Hah'is and Scott Corwin (contractor) and suggest the following: · The contractor stock pile all of the material excavated from behind the metal and wooden bulkhead in an area that is outside the reach of winter storms. · All of the excavated material will be screened to remove concrete, brick, metal and other debris. · The contractor will use the clean sand to create a dune profile, similar to the adjoining dune system. It is estimated that 5,000 to 10,000 cubic yards of material will get into the littoral drift, once the bulkhead is removed. The key will be to have this material replenish the beaches, to the east and west of the Bittner Preserve, over a number of storm events and not be lost in one storm event. · The Town of Southold will plant the newly created dunes, with beach grass, beach plum, etc., once a new dune line is established. The cost of screening sand is $2,000 per day or $10,000 per week. This includes 2 men, a screening plant, (supplied by the contractor) and 2 machines (an excavator and pay loader). The maximum estimated cost of screening sand is $40,000 (4 weeks ~ $10,000 per week). The screen operation will be monitored daily and if the process moves at a faster rate, this amount will be reduced accordingly. The screening of sand is not in the existing scope of work and would be an amendment to the original Agreement. The amendment would be for an amount not to exceed $40,000. NOTE: This project is funded, in full, by a grant from the New York State Department of State and is within the scope and budget of the Bittner Preserve Demolition Project. If you have any questions on the above, please give me a call Note: ALL MISCELLANEOUS BULKHEAD MATERIAL ENCOUNTERED BEHIND THE CURRENT STRUCTURE SHALL BE REMOVED IN THERE ENTIRETY. .I 0 I O I I I I 0 N. 43 34' 30" W. 0 S. 43 34' 30" E. ALL NEW PLANTING AND LANDSCAPING WITH NATURAL VEGETATION SHALL BE LANDWARD OF SPRING HIGH WATER. POOL & BRICK PATIO N. 45 13' 30" W. SINGLE FAMILY RESIDENCE MASONRY & WOOD FRAME APPROXIMATE LINE OF NEW DUNE SYSTEM. RECONSTRUCTION OF DUNE AND PLANTING WITH NEW NATIVE SPECIES SHALL BE LANDWARD OF SPRING HIGH WATER MARK. "A- 1 a" SITE PLAN DETAIL EXISTING CONDITIONS SCALE: 1" = 50' Drawing: A-2