Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Basketball Courts - Fishers Island
ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 7, 2009 ,lames Bloss ,IB's Asphalt Sealcoating, inc. 123 Broad Avcnue Rixerhead. NY 11901 Dear Mr. Bloss: Congratulations. At the regular Town Board meeting held on June 30, 2009, the Town Board accepted the bid of JB's Asphalt Sealcoating, Inc. for Basketball court repair on Fishers Island. A certified copy of the resolution is enclosed. The bid deposit will be returned to you at the end of the contract. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. Southold Town Board - Letter Board Meeting of June 30, 2009 RE~ SOLUTION 2009-554 ADOPTED Itcm # 5.14 DOC ID: 5105 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-554 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 30, 2009: RESOLVED that the Town B&rd of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with JB's Asphalt Sealcoating~ Inc. in connection with the reconstruction and resurfacing of a basketball court, on Fishers Island, in the amount of $18,750, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville SOuthold Town Clerk REsuLT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr,, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated July 1, 2009 Page 19 Southold Town Board - Letter Board Meeting of June 30, 2009 RESOLUTION 2009-553 ADOPTED Item # 5.13 DOC ID: 5104 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-553 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 30, 2009: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of JB's Asphalt Sealcoating~ Inc. 123 Broad Avenue~ Riverhead~ NY 11901 to reconstruct/resurface the basketball court on Fishers Island~ in accordance with the plans and specification prepared by James Richter~ RAt dated Ma,y 26~ 2009~ in the amount orS 18,750, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilmap AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated July 1, 2009 Page 18 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING RECONSTRUCTION/RESUFACING of TWO Basketball COURTS on FISHERS ISLAND Bid opening 6/18/09 at 10:00 AM One bid was received: JB's Asphalt Sealcoating, Inc. 123 Broad Ave Riverhead NY 11901 $18,750.00 433-5400 PROPOSAL FORM Date: NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are. named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed 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 dated: May 26, 2009, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates mUst be included as indicated on bottom page); that he has satisfied himself by personal examination of 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 if his proposal be accepted he will contract to.fumish all materials not provided .by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work for: Reconstruction and Resurfacing of Basketball Courts on Fishers Island. and all other work in connectiOn therewith, in accordance With the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, $outhold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: BASLETBALL COURT RECONSTRUCTION & RESTORATION D-.1 GENERAL CONSTRUCTION FOR FISHERS ISLAND BASKETBALL COURT REPAIR; CONTRACTOR SHALL PROVIDE THE RESTORATION, REPAIR, RECONSTRUCTION AND' RESURFAClNG OF EXISTING ASPHALT BASKETBALL COURTS IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS NECESSARY FOR RECONSTRUCTION & RESURFACING AS REQUIRED TO PROVIDE A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED WORK WILL BE COMPLETED FOR A STIPULATED 'LUMP SUM" OF: ~-'"~(wrltten in wo~ds) (written in numbers) Ane he'further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance ofsaid proposal, shall have been deposited in the mail addressed to him atthe address given in the proposal, that he shall be considered to have abandoned the contract. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect fora period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number:. Dated: Signature of Bidder: TelephoneNumber: Bidders Address: 4ve BASKETBALL COURT RECONSTRUCTION & RESTORATION D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof forwork or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed bysuch bidder as true under the penalties of perjury;, non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behal~ of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such pdces with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and Will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid Or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable tothe bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of reeolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Co Resolved that ~,e~'5 /f~. ~]o$3" of the ~)'"~'5~/z~,~Jl~J~' '~-~'~l~.,~lllttq. '~' (Name of signatory) (Name of Corpomtie~d) authorized to sign ahd submit the bid or proposal of this corporation for the following Project: be Reconstruction and Resurfacing of Basketball COurts on Fishers Island. and to include in such bid or proposal-the certificate as to non-collusion required by section one- hundrsd-three-d (103-d) of the General Municipal Law as the act and deed of such corporation,and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the ]~ dayof ,~-~/)~ ,20 o? , (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September t, 1965. Signature BASKETBALL COURT RECONSTRUCTION & RESTORATION E-'! #9336 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 11th , day of June, 2009. Principal Clerk Sworn to before me this SOUGHT AND REQUESTED FoR THE FOLLOWING: ~cordance with the Drawings & Speci- of the Southold Town Clerk, ~ · Ali specificatiom ~c provided beFC. day of ~7,..~ 2009. NOTARY pUBLIC-STATI~ OF NEW YORK NO. 01,V06106050 Qualified }n Suffolk county RESOLUTION 2009-232 ADOPTED DOC ID: 4847 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-232 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 24, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the reconstruction and resurfacing of the basketball court on Fishers Island. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wick, ham, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wick, ham, Evans, Russell LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: PROJECT: The reconstruction and resurfacing of the Basketball Court located on Fishers Island. The Town Board of the Town of Southold will receive bids for furnishing all materials and equipment as specified in the bid documents for the reconstruction and resurfacing of two existing Tennis Courts on Fishers Island all in accordance with the Drawings & Specifications contained herein. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00AM, 18th , Jun~e 2009. Day Month Year All specifications are provided herein: drawings "Aerial Photographs" to be attached. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids 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: March 24, 2009 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON JUNE 11, 2009, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler Watchman Dodge Reports Town Clerk's Bulletin Board Town Board Members Brown's Letters Town Attorney Burrelle's Info. Services Jim McMahon STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly swom, says that on the .5' day of ~l/O.ao~ ,2009, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Bid on Basketball Court for Fishers Island (__) E[i-zabeth A. Neville Southold Town Clerk Sworn before me. this ~ day of /~j.a,._a--~_ ,2009. , N~tary Public ' "- --'" LYNDA M. BOHN NOTARY PUBLIC, State of New NO. 01 BO6020932 Qualified tn Suffolk Coun~ Term Expires March 8, · Page 1 of I Cooper, Linda From: Legals [legals@timesreview.com] Sent: Friday, June 05, 2009 12:26 PM To: Cooper, Linda Subject: RE: Legal Notice to Bidders basketball Fi Hi Lind& We are good to go with this legal. Thanks, and have a grsat and sunny weekend yourself! Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent-' Friday, June 05, 2009 12:11 PH To: Suffolk Times Legals Subject: Legal Notice to Bidders basketball F! Please confirm receipt of this legal notice to bidders to be published in the June 11, 2009 edition of the Suffolk Times. Thank you. Linda J. Cooper Deputy Town Clerk PS Have a great weekend; looks like the weather is going to cooperate. 6/5/2009 Invitation to Bid and Bmrl/dBl of at Fishers ISland Town of Southold FISI-IERS ISLAND, NEW YORK Date: May 26, 2009 SOUTHOLD TOWN SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD RESOLUTION 2009-232 ADOPTED DOC ID: 4847 THIS IS TO CERTIFY THAT T/W, FOLLOWING RESOLUTION NO. 2009-232 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 24, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the reconstruction and resurfacing of the basketball court on Fishers Island. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wi¢ldmm, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ruland, Orlando, Kmpski Jr., Wickham, Evans, Russell INVITATION. TO BID PROJECT: The reconstruction and msurfacing of Two Tennis Comets located on Flahem Island. The Town.Board.of the Town of Southold will receive bids for furnishing all materials and equipment as specified in the bid documents for the reconstruction and resurfactng of e~sting Basletball Courts on Fishers Island all in accordance with the D~awlngs & Speclflca~ns contained herein. ~Ids will be received at the office of the Southold Town Cle~ Southold Town Hall. 53095 'llllaln Road, S0uthold, New York 11971, until 10:00 AM, .18~, _ , . June 2009.. Day Manth Year ,~1 specifications are provided herein: drawings "Aerial Photographs" to be attached. This Invitation to bid is not an offer and shall in no way bind the Town 'of Southold to award a contract for performarme of the project. Should the Town of SouthoJd de, de to -~rd a contract, it shall be awarded to the lowest responsible bidder. Town of Southoid reserves the right to waive any informality, and to reject an, y or all bi=Is, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL t~,'. T.wlthdraw his bid during this period. Please advise if you intend to bid or not. ~ March'24. 2009 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk BASKETBALL COURT RECONSTRUCTION & RESTORATION INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to fumish all Labor, materials, plant, equipment, tools or other facilities, & to supply all materials in strict accordance with the plans and specifications, and subject at all times to the approval of the Amhitect. Each proposal must be signed in wdting with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Biddem Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated in these specifications. B. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which Can in any way affect the work or the cost thereof. Shoulda bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. C, 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 interested parties are invited to be present. D. 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 money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by 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 an), technical error, to accept any bid, or to reject any or all bids. BASKETBALL COURT RECONSTRUCTION & RESTORATION B-1 The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in wdting 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 as stipulated herein. E. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's wdtten 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. F. REJECTION OF PROPOSALS The Town reserves the d.ght to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which In incomplete, obscure, or irregular may be rejected; any proposal having interlineations, erasure or corrections may be rejected. H. 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 six (6) copies of the Contract within ten (10) 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. J; TIME~ LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within two weeks of signed contracts, or the date stipulated in the notice to proceed given to him by the Town of Southold.' END OE SECTION BASKETBALL COURT RECONSTRUCTION & RESTORATION B-2 INDEX TO SPECIFICATIONS COVER SHEET BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form Statement of Non-Collusion A - 1 through A - 1 B-lthrough B-2 C - 1 through C - 1 D-lthrough D-2 E-lthrough E-1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions Prevailing Wage Rates Payroll Certification forms Compliance with the Labor Law & Other Dept. of Labor Regulations CONSTRUCTION SPECIFICATIONS AIA Document # A201 F - 1 through F - 2 H - 1 through H- 1 I - 1 through I - 2 M - 1 through M -8 Summary of Work References Asphalt Pavement Restoration .Court Resurfacing & Pavement Markings Section 01010 Section 01420 Section 02500 Section 02700 AERIAL PHOTOGRAPHS SP I .......... SP 2 .......... SITE LOCATION REFERENCE PLAN - Scale: 1" = 130' BASKETBALL COURT PLAN - Scale: 1" = 30' BASKETBALL COURT RECONSTRUCTION & RESTORATION C-1 PROPOSAL FORM Date: NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as'bidder, declares that the only persons, company, or parties interested in this proposal as principals are. named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in ail respects fair and without collusion or fraud, and that no person acting for or employed 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 dated: May 26, 2009, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates mast be included as indicated on bottom page); '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 if his proposal be accepted he will contract to.furnish all materials not provided.by the Town (See Specifications) and to perform all the work required to construct, perform and complete the .work for: Reconstruction and Resurfacing of Basketball Courts on Fishers Island. and all other work in connectiOn thereWith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start thework as directed by the Town, he will accept, in full payment thereof as listed below: BASLETBALL COURT RECONSTRUCTION & RESTORATION D-1 GENERAL CONSTRUCTION FOR FISHERS ISLAND BASKETBALL COURT REPAIR; CONTRACTOR SHALL PROVIDE THE RESTORATION, REPAIR, RECONSTRUCTION AND RESURFAClNG OF EXISTING ASPHALT BASKETBALL COURTS IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS NECESSARY FOR RECONSTRUCTION & RESURFAClNG AS REQUIRED TO PROVIDE A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED WORK WILL BE COMPLETED FOR A STIPULATED "LUMP SUM" OF: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of'said proposal, shall have been deposited in the mail addressed to him atthe address given in the proposal, that he shall be considered to have abandoned the contract. 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. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Telephone Numl~er: Date: Bidders Address: BASKETBALL COURT RECONSTRUCTION & RESTORATION D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September t, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fora district or any agency or official thereof forwork orservices performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as tr~e under the penalties of perjury;, non-collusive bidding certification. A. By submission of this bi(~, each bidder and each person signing on behal~ of any bidder certifies, and in the case of a jolpt bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and Will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to Induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements*contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as Well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of the (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Reconstruction and Resurfacing of Basketball Courts on Fishers Island. and to include in such bid or proposal.the certificate as to non-collusion required by section one- hundrad-thrae-d (103<1) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mlss-stetements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,20 (SEAL OF THE CORPORATION) Laws of.New York, 1965 Ch. 751, Sec. ~03.d, as amended & effective on September 1, 1965. Signature BASKETBALL COURT RECONSTRUCTION & RESTORATION E-'I _ T H E A 1~ H I T E C T S E R I C A N I N S T 1 T U T E 0 F A R C AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSUL TA TION WITH AN ATTORNEY IS ~,NCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS .6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK t3. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT Th~ document has been approved and endorsed by the Associated General Contractors Of America. Copyri~,ht 1911, 1915. 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976 ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W.. Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written petmiasion of the AIA vinlate~ the copyright laws of the United States and will be subject to legal prosecutions. ~1 CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will no~ be obscured as may occur when documents are reproduced. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEEbrTH EDITION · ©lg~7TH£A/'.iER[CANINSTITLITEOFARCHITECTS 1735NEWYORKAVENUE. N.W..WASHINGTON, DC 20006 A201-19~? INDEX Acceptance of Nonconforming Wink ......... '9.6.6, 9.9.3, 12.3 Acceptance of Work ........... 9`6.6, 9.8.2, 9.9.3, 9.10.1,9.10.3 Acoe~ 1o Work ........................... 3.16,6.2.1, 12.1 Accident Prevention ..............................4.2.3, 10 Acts and Omissions ... 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, Additional Cost, Claims for ......... 4.3.6,4.3.7,4.3.9,6.1.1, 10.3 Additional l~spection$ and Testing ....... 4.2.6, 9.8.2, 12.2~ 1, 13.5 Adthtional Time, Claims for...: ......... 4.3.6,4.3.8,4.3.9,8.3,2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3,4, 9.4, 9.5 AdvertLsemcnt or Invitation to Bid ...................... 1.1.1 Aesthetic Effect ............................... 4.2.13,4.5.1 Allowenoe~ ........................................ 3.8 A0-rlsk Insurance ................................. 11.3.1.1 Applioation$~orPayment .. 4.2.5,7.3.7,9.2, g.3,9.4,9.5A,9.6.3, Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, Arbitration ..................... 4.L4, 4.3~2, 4.3.4, 4.4.4, 4.6, Architect .......................................... 4.1 Architect, DeFmiUon of ............................... 4.1.~. Architect, Extent o f Authority ........ 2.4, 3.12.6, 4.2~ 4.3.2, 4.3.6, Architect, LimitatiOns of Authority and Responsibility · 3.3.3, 3.12.8~ Architect's Additional Services and Expense~ .......... 2.4, 9.8.2, ArchRecrs Administration o1 the Contract .......... 4.2,4,3.6, 4.3:7, 4.4, 9.4, 9.5 Architect's Approvals 2.4, 3.5.1,3.10.2, 3.12.6, 3.12.8, 3.18.3, 4.2.7 Architect's Authotit¥ to Reject Work .... 3.5.1,4.2.6, 12.1.2,. 12~..1 Architect's Copyright ................................. 1.3 Architect's Decisions .......... 4.2.6, 4.2.7, 4.2.11,4.2.12, 4.2.13, Architect '$ i nspecti0n$ ........... 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, Architect's Interpretations ................. 4.2.1 l, 4.2.12, 4.3.7 Architect's On-Site Observations ........ 4.2.2,4.2.5,4.3.6,9.4.2, Architect's Project Representative ..................... 4.2.10 Architect's Relationship with Cont rector ....... 1.1.2,3.2.1,3.2.2, ArchJt ect's Relationahip with Subcontractors .... 1.1.2, 4.2.3, 4.2.4, Architect's Representatior~ ................. 9.4.2,9.5.1,9.10.1 Architect's Site Visits ........ 4.2.2, 4.2.5, 4~2.9, 4.3 `6, 9.4.2, 9.5.1, Asbestos .......................................... 10.1 Attorneys'Fees ........................ 3.18.1,9.10.2, 10.1.4 Award of Separate Contracts ........................... 6.1.1 Award of Subcontracts and Other Contracts for Portloce of Ihe Work .............................. 6.2 Basic Definitions .................................... 1.1 Boiter and Machinery Insuronce ................... 11.3.2 Bonds, Lien ...................................... 9.10.2 Bonds, Performance and Payment ..... 7.3.6.4, 9.10.3, I 1.3.9, 11.4 Building Permit ......................... '..: ........ 3.7.1 Capitalization ............................... , ....... 1.4 Ccrtificatc o f Substantial Comp]etlon .................... 9.8.2 Gertlflcatns for Payment ....... 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6. l, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Appro'zal ..... 3.12.11,13.5.4 Certificates o f Insurance .... .............. 9.3.2,9.10.2, 11.1.3 Change Ordel~ ...... 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3.3,5.2.3, 7.1, 7.2, 7.3.2, 8.3.1, 9.3:1.1, 9.10.3, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2 Change Orders, Deftnition of ......................... 7.2.1 Chenge~ ............................... : ........... 7.1 CHANGES IN THE WORK .... 3.11, 4.2.8, 7, 8.3.l, 9.3.1.1, 10.1.3 Clahn, Definition of..: .............................. 4.3.1 Claims and Disputes ................ 4.3, 4.4, 4.5, 6.2.5, 8.3.2, 9.3.1.2, 9.3.3, 9.10.4, 10.1.4 Claims and Timely Assertion of Claims ................ 4,5.6 Claims for Additional Cost ........ 4.3.6,4.3,7,4.3.9,6.1.1, 10.3 Claims for Additional Time ............ 4.3.6, 4.3.6, 4.3.9, 8.3.2 Claims for Concealed or Unknown Conditions ........... 4.3.6 Claims for Damage~... 3. ~8, 4.3.9, 6.1.1,6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Clahns Subject to Arbitration ................. 4.3.2,4.4.4,4.5.1 Clcenlng Up ................................... 3.15,'6.3 Commencement of Statutory Limitation Period .......... 13.7 Commencement of the Wo[k, Conditinns Relating to ....... 2.1.2, 2.2.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 5.2.1, 6.2.2, 8.1.2, 8.2.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Commencement of the Work, Definition of ............... 8.1.2 Communications Facilitating Contract Administration ........................ 3.9.1,4.2.4,5.2.1 Completion, Conditions Relating to ....... 3.11,3.15,4.2.2,4.2.9, 4.3.2, 9.~.2, 9.8, 9.9.1, 9.10, 11.3.5, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND ......................... Completion, Substantial ......... 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, 9;8, 9.9.1, 12.2.2, 13.7 Compliance with Laws ...... 1.3, 3.6, 3.7, 3.13, 4.1.1, 10.2.2, 11.1, 11.3, 13.1, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Concealed or Unknown Conditions ..................... 4.3.6 Conditions o f thc Contract .................. l.l.I, 1.1.7,6.1.1 Con.sent, Written .................. 1.3.1,3.12.8,3.14.2,4.1.2, 4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3,10.1.2, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ...................... ~ ....... 1.1.4,6 Construction Change Directive, Definition o f .............. 7.3.1 Construction Change DIr~tivee .... 1.1.1,4.2.8,7.1,7.3,9.3.1.1 Constroction Schedules, Contractor's ............... 3.10,6. t.3 Contingent Assignment of Subcontracts ................ 5.4 Continuing Contract Periormanse .................... 4.3.4 Contract, Definition of ............................... 1.1.2 CONTRACT, TERMINATION OR ' SUSPENSION OF THE .................. 4.3.7, 5.4.1.1, 14 Con tract Adminis ~xation ..................... 3.3.3,4,9.4,9.5. Contract Award and Execution, Conditions Relating to ...... 3.7.1, 3.10, 5.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Contract Do<mmenla, The ....................... 1.1, 1.2, 7 Contract Documents, Copies Fumished and IJse o f... L3, 2.2.5, 5.3 Contract Documents, DeflP. Jtion o f ..................... 1.1.1 Contract Performance During Asbitration ............ 4.3.4,4.5.3 ¢ontra~t Sum ................... 3.8,4.3.6,4.3.7,4.4.4,5.2.3, 6.1.3~ 7.2, 7.3, 9.1, 9.7, 11.3.1, 12.2.4, 12.3, 14;2.4 Contract Sum, DefinRion of ............................ 9.1 Contract Time ................. 4.3:6,4.3.8,4.4.4,7.2.1.3,7.3, 8.2.1, 8.3.1, 9.7, 12.1.1 Contract Time, Deitnltion of .......................... ti.1.1 2 A201-1987 CONTRACTOR ..................................... 3 Contractor, Definition oi ............ : ..... 3,1,6.1.2 Contractor's Construction Sct~dules ............ 3.10, 6.1.3 Contmctor'e Liability Insurance .................. 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6, 3.12.5, 3.14.2, 4.2:4, 6, 12.2.5 Contractor's Relatiotxship with SubcontractorS ...... i .2.4, 3.3.2, Contractor's RelationshiF with the Architect .... 1.1.2,3.2.1,3.2.2, Contractor's Responsibility for Those Performing the Work ................. 3.3.2. ~.18,4.2.3, 10 Contractor's Review of Contract Documents.. 1.2.2, 3.2, 3.7.3 Contractor's Right to Stop the Work .............. 9.7 Contractor's Right to Terminate the Contract ..... 14.1 Contractor's Superintendent ...................... 3.9,10.2.6 Contractor's Supervision and Construction Procedures .. 1.2.4 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Contractual LiabLEty insurance .......... 11.1.1.7, 11.2.1 Coordination and Correlation 1.2.2. 1.2.4, 3.3.1 Copies Furnished o f Drawings and Specificatinns... 1.3, 2.2.5, 3.11 Correction of Work ..................... 2.3.2.4,4.2.1,9.8.2~ Cost. Definition of ........................... 7.3.6~ 14.3.5 Cot0n~ and P~chln~ ........................... 3.14,6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, Damage~, Claims for. 3.18.4.3.9. 6.1.1.6.2.5, 8.3.2.9.5.1.2, 10A.4 Damages for Delay .................. 6.1.1.8.3.3,9.5.1.6.9.7 Date of Commencement of the Work. Definition of .... 8.1.2 Date of Substantial Completion. Definition of ......... 8.1.3 Day, Definition of ................................ 8.1.4 Decisions o f thc Architect ..... 4.2.64.2.7,4.2.ll,4.2.12,4.2.13, D~Io~ to Withhctd ~ertlfl~tiion ... 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work. Acceptance. Rejection and Correction of 2.3, 2.4, 3-5. l, 4.2.1, Defective Work Definition of ........................ 3.5.1 Delays ired Extensions o1 Time .......... 4.3.1,4.3.8.1,4.3.8.2, Disputes ............ 4.1.4, 4.3, 4.4, 4.5, 6.2.5, 6.3, 7.3.8, 9.3.1.2 Documents and Sample~ at the Site ...................... 3.11 Dfawing$, Definition o f .............................. 1.1.5 Drawings anti Specifications, Use and Ownership of .... 1.1.1,.1.3, Duty to Review Contract Documents and Field Conditions ..... 3.2 Effective Date of Insurance .................. 8.2.2, 11.1.2 Emen3en~es ................................. 4.3.Z 10.3 Employees, Contractor'~ ......... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18.1, Equipment, Labor, Materials and ...... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2. 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3. 11.3. 12.2.4. 14 Execution and Progress of the Work ....... 1.1.3,1.2.3,3.2,3.4.1, 7.3.9, 8.2, 8.3, 9.5, 9.9.1. 10.2, 14.2, 14.3 Execution, Con~elnUon ~nd Intent of the Contract Documenrs .......................... 1.2,3.7.1 Exten$ionsofTime . . 4.3.1,4.3.8, 7.2.1.3, 8.310.3.1 Failure o f Payment by Contractor .......... 9.5.1.3, 14.2.1.2 Failure o f Payment by Owner ................ 4.3.7,9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work} Final Completion and Final Peyment ....... 4.2.1, 4.2.9~4.3.2, Financial Arrangements, Owner's ............. 2.2.1 Fire and Extended Coverage Insurance ................... 11.3 GENERAL PROVISIONS ................. 1 Governing Law ................................... 13~1 4.3.4, 6.1.3, 6.1.4, 6.2.6, 9.3.2, 9.6.1, 9.6.4. 9.8.3, 9.9.2 9.10.3. 10.1.4, 11.2, 11.3, 13.5.1, 13.5.2 Injury or Damag~ to p~-~on or Property ............... Insurlmo~, Boiler ired Mltohlll~y .................... 11.3.2 | nectarine, ~mtra~of'~ Uabtilty ...................... 11.1 fft~rofl{~, I.o~ of Ux ............................ 11.3.3 Introns, Owner'= Lleblllty ......................... 11.2 3.12.2, 3.12,3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 9.9.1, 10.2.2, I1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6 Limitations o f Liabtiity .... 2.3, 3.2.1,3.5.1,3.7.3, 3.12.8, 3.12.11, Limitations of Time. General ........ 2.2.1,2.2.4, 3.2.1, 3.7.3, Limitations of Time, Specific ......... 2.1.2,2.2.1,2.4,3.10,3.11, LOS~ o~ Use Insurance ......................... 11.3.3 Materials, Hazardous .......................... IO.I 10.2.4 Materials. Labor. Equipment and .... 1.1.~ 1.1.6,3.4,3.5.1,3.8.2, Mean~, Methods, Techniques, Sequences and Procedures of Construction ......... 3.3.1, 4.2.3, 4.2.7, 9.4.2 Minor Ohange~ {n the Wol~ ..... 1.1.1,4.2.8, 4.3.7, 7.1.7.4 MISCELI.AN£OUS PROVISIONS ..................... 13 Modifications, Definition of ......................... I.l.l Modifications to the Contract .......... I. 1.1.1.1.2, 3.7.3, 3.11, Mutual Responsibility ................................ 6.2 Nonconforming Wo~, A¢ceptsnce of ................. 12.3 Noncon forming Work, Rejection and Correction o f ........ 2.3.1, Notice ........... 2.3.2.4, 3.2.1,3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8, Rotlce, Wl'itt~¢l ........... 2.3,2.4,3.9,3.12,8,3.12.9;4.3, Notice o f Testing and Inspections ................ 13.5.1. i3.5.2 Notice to Proceed ................................. 8.2.2 NOfIc~, pelmrllts, Fees end .... 2.2.3, 3.7, 3.13, 7.3.6.4, lO.2.2 Observations. Architect's On-Site ............... 4.2.2, 4.2.5, Observations. Contractor's ........... 1.2.2.3.2.2 Occupancy ................. 9.6.6.9.8.1,9.9, 11.3.11 On-Site inspections by the Architect .......... 4.2.2,4.2.9,4.3.6, On-Site Observations by the Architect . . . 4.2.2, 4.2.5, 4.3.6, Orders Written 2.3, ~.9, 4.3.7, 7, 8.2.2, 11.3.9, 12.1, OWNER ........................................... 2 Ownc~. Definition of ................................ 2.1 Ownel, Informaiton and Sewlces Requl~KI of the ........ 2.1.2, Owner's Financial Capability .............. 2.2.1.14.1.1.5 Owner' a/lal)llity Iiistirance ....................... 11.2 Owner's Loss of Use Insurance ........................ 11.3.3 Owner's Relationship with Subcontractors ..... 1.1.2, Owner'sPdght to CarryOut the Work ..... 2.4 12.2.4. 14.2.2.2 Owner's Right to Clesn Up ...................... 6.3 Owner's Right to Perform Construction and to Award Separste Contrac~ ................ ~ : ...... 6. t Ownee8 Right to Stop the Wo~ ................... 2.3, 4.3.7 Owncr'~ Right to Suspend thc Work;. .............. : ..... t4.3 Owner's Right to Terminate thc Contract ................. 14.2 Ownership and Use of Architect's Drawlng8, Specifications and Other Documents ................ 1.1.1,1.3,2.2.5,5.3 Partial Occupeney or Use ................. 9:6.6,9.9, 11.3.ll Patching, Cutting and .......................... 3.14,6.2.6 Patents, Royalties and .............................. 3.17 Payment, Applications for ................ 4.2.5,9.2,3.3,9.4, 9:5.1, 9.8.3, 9.10.1, 9.10.3, 9.10;4, 14.2.4 Payment, Certificates 1or ........... 4.2.5~. 4.2.9, 9.3:3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Paymerlt, Failure of .......................... 4.3.7,9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 Payment, Final ............ 4.2.1, 4.2.9, 4.3.2, 4.3.5, 9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1 Payment B°nd, Perlomrsnce Bond and ............. 7.3.6.4, 9.10.3, 11.3.9, 11.4 Payments, Progress. ......................... 4.3.4, 9.3, 9;6, 9.8.3, 9.10.3, 13,6, 14.2.3 pAYMENTS AND COMPLETION ...................... 9, 14 Payments to Subcontractors .................... 5.4.2,9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2 PCB .............................................. 10.1 Performance Bond and Payment Bond .............. ... 7.3.6.4, 9.10.3, 11.3.9, 11.4 PMmlts, Fee~ ~nd NoUce$ ....... 2.2.3,3.7,3.13,7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF . ........... 10 Polychlorinated Biphenyl ............................. 10.1 product Data, Definition o1' .... 3.12.2 prcduct Date ,nd Samples, Shop Drawings .... 3.11,3.12, 4.2.7 Progre~ end Completion ................... 4.2.2, 4.3.4, 3.2 prcgre~$ Payments ............................ 4.3.4,9.3, 9.6) 9.8.3, 9.10.3, 13.6, 14;2.3 prol~ Definition of the ............................. 1,1.4 Pro~ Mamlal, Defidition of the ...................... 1.1.7 Project Manuals .................................... 2.2.5 p [oject Rep resentatives ............................. 4.2.10 Prope~'y Ineurance ........................... 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and Laws ............ I. 3', 3.6, 3.7, 3.13, 4.1.1, 4.5.5, 4.5.7, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 Rejectlon of Wodi ......................... 3.5.1,4.2.6, 12.2 Release~ of Waivers and Liens ......................... 9.10.2 Representations ......................... 1.2.2, 3.5.1, 3.12.7, 6.2.2; 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives.. ~. ........................ 2.1.1, 3.1.1,3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, i3.2.1 Resolution of Clalma and Disputes .................. 4.4,4.5 Responsibility for Those Per forming the Wot k ............ 3.3.2, 4.2.3, 6.1.3, 6.2, 10 Retainage .............. '. 9.3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.10.3 Review of Contract Documents end Field Conditlone by Contractor ............ 1.2.2, 3.2, 3.7.3, 3.12.7 Review of Contractor!s Submittals by Owner and Architect ............. 3.10.1,3.10.2, 3.1 I, 3.12, 4.2.7, 4.2.9; 5.2.1, 5.2.3, 9.2, 9,8.2 Review of Shop Drawings, Product Data and Samples by Contractor ........................ 3.1~.5 Rights and Remedles ............. t. 1.2, 2.3, 2.4, 3.5. I, 3.15.2, 4.2.6, 4.3.6, 4.5, 5.3, 6.1,6.3, 7.3.1, 8.3.1, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14 Royalties and Patents ........................... 3.17 4 A201-1987 AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Rules and Notices for Arbitration ..................... 4.5.3 Safety of Persons and Property ....................... 10.2 Safety Precautions and Programs ........... 4.2.3, 4.2.7, 10.1 samplcs, Dcfir~ltion of .............................. 3.12.3 Samples, ShopDrawlng$,ProductDataand ... 3.11,3.12,4.2.7 SamplesattheSho, Documentsand ................. :. 3.11 Schedule of Values ............................. 9.2, 9.3.1 Schedules, Construction .............................. 3.10 Separate Contracts and Contractors .......... 1.1.4,3.14.2,4.2.4, 4.5.5, 6, 11.3.7, 12.1.2, 12.2.5 Shop Drawings, Definition o f ......................... 3.12.1 Shop Drawings, Produc~ Data and Samples .... 3. l 1, 3.12, 4.2.7 Site, Use of .............................. 3.13, 6.1.], 6.2.t Site Inspections ... 1.2.2, 3.3.4, 4.2.2, 4.Z.9, 4.3.6, 9.8.2, 9.10.1, 13.5 Site Visits, Architect's .................. 4.2.2,4.2.5,4.2.9,4.3.6, 9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10:1, 13.5 Special Inspections and Testing .............. 4.2.6, 12.2.1, 13.5 Speclticatlon$, Definition of the ....................... 1,1.6 Specifications, The .......... 1.1.1, 1.1.8, 1.1.7, 1.2.4, 1.3,3.11 Statute.s of Limitations .................... 4.5.4.2, 12.2.6, 13.7 Stopping the Work ............ 2.3,4.3.7,9.7, 10.1.2, 10.3, 14.1 StoredMateriaJs ........... 6.2.1, 9.3.2, 10.2.1.2, 11.3.1.4, 12.2.4 Subcontractor, Definition o f ........................... 5.1.1 SUBCONTRACTORS .................................. 5 Subcontractors, Work by .................. 1.2.4, 3.3.2, 3.]2.1, 4.2.3, 5.3, 5.4 Sube, ontraotoal Relations .............. 5.3, 5.4, 9.3.1.2, 9.6.2, 9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 14.3.2 Submittals ......... 1.3, 3.2.3, 3.10, 3.11,3.12, 4.2.7, 5.2. I, 5.2.3; 7.3.6,9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.1.3 Subrogatiott, Waivers of ................. 6.1.1, 11.3.5, 11.3.7 Substantial Completion ....... , ...... 4.2.9, 4.3.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition o f .................... 9.8.1 Substitution of Subcontractors ................ ' .... 5.2.3,5.2.4 Substitution of the Architect ........................... 4.1.3 SubsUtution$ of Materials ............................. 3.5.1 Sub-$ubcon t ract0r, Definttion o f ....................... 5.1.2 Subsul'fac¢ Condltlon.s ............................... 4.3.6 Successom and Assigns ............................ 13.2 Superintendent . .............................. 3.9, 10.2.6 Supervision and Construction Procedures ...... 1.2.4, 3.3, 3.4, 4.2.3, 4.3.4, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14 Surety ............... 4.4.1, 4.4.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2 Surety, Consent of ....................... 9.9.1,9.10.2,9.10.3 Surveys ..................................... 2.2.2,3.18.3 Suspension by the Owner for Convenience ............. 14.3 Sustac~.sion of the Work ............. 4.3.7, 5.4.2, 14.1.1.4, 14.3 Suspe~sion or Termination of the Contract. ..... 4.3.7, 5.4.1.1, 14 Taxes ...................................... 3.6, 7.3.6.4 Termlnathan by the Contractor ........................ 13,.1 Termination by ~he Owner for Cause ............. 5.4.1.1,14.2 Termination of thc Architcct .......................... 4.1.3 Termination o f thc Contractor ........................ 14;2.2 TERMIHATION OR SUSPENSION OF THE CONTRACT ...... 14 Testa and Inspections ..... 3.3.3,4.2.6,4.2.9,9.4.2, [2.2.], 13.5 TIME ............................................... 8 Time, Delays and Extensions o1 .............. 4.3.8,7.2.1,3.3 Time/lfilit$ on Claims ......... 4.3.2, 4.3.3, 4.3.6, 4.3.9, 4.4, 4.5 Title to Work .................................. 9.3.2,9.3.3 UNCOVI:RINI;i AND CORRI;CTION OF WORK ............. 12 Uncovering of Work ................................ 12.1 Unit Prices .................... : ............. 7.1.4, 7~3.3.2 Values, Schedul~ of ............................ 9,2,9.3.1 W~ilver of Claims: Final Payment ........... 4.3.5,4.5.1,9.10.3 Waiver o f Claims by the Architect ...................... 13.4.2 Waiver of Claims by the Contractor ......... 9.10.4, 11.3.7, 13.4.2 Waiver of Claims by the Owner .............. 4.3.5, 4.5.1, 9.9.3, Waiver of Liens .................................... 9.10.2 Waivers of Subrogation ................... 6.1.1, 11.3.5, 11.3.7 W?lTal~ty and War ranties ......................... 3,5, 4.2.9, Weather Delays .................................. , 4.3.8.2 Wh®n Arbitration May Be Demanded .................. 4.5.4 Work, Definition of ................................. 1.1.3 Wrtttefl Notice ........... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, Written Orders .............................. 2.3,3.9,4.3.7, AIA DOCUMENT A291 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA~ * ©I987THEAMERICANINST1TUTEOFARCN[TECTS, 1735NEW YORK AVENUE, NW.WASHINGTON, DC. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and I$ subject to legal prosecution. A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor {hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications. addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A ModLfi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, O) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either wtit~n or oral, The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of anykind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcomractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and ~ervices required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project· 1.1.4 THE PROJECT · The Project is the total construction of which thc Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are thc graphic and pictorial portions df the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for mater{als, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The comract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor, or both do not sign all the Contract Documents, the Architect shall identify/such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents.' 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as ii' required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as hein~ necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus~ try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND OSE OF ,~:~lrrEoT's ~WINGS, $PECIFIOATION$ AND OTHER OO¢OMF. N~ 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed 'by the Con- tractor is described. The Contractor may retain .one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment suppher shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otheewise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved dghts, in addition .to the copyright. All copies of them, except the Contractor's record set, shall he returned or suitably accounted for to the Archifi:ct, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 AIA [~X~IENT ~Ot * GENERAL COND[TIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION ArA*° · ~ 1987 THE AMERICAN INSTITIJTE OF ARCFI[TECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. col:~/rJght laws and is subject to legal prosecution. Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- hags, Specifications and other document5 prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for, other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1,4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.6 INTERPRETATION 1.6.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "ail" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another ts not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.i The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means · the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasonable evidence were furnished on request prior to the execution of the Agreement, '~e prospective contractor would not be required to execute the,Agreement or to commence the Work.] 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site· 2.2,3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- ments and charges required for construction, use or occupancy of pernmnent structures or for permanent changes in existing fadlities. 2.2.4 Information or services under the 'Owner's control shall be furnished by the Owner with reasonable promptness to avoid dehy in orderly progress of the Work. 2.2,5 Unless otherwise provided in the Contract Documet~ts, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals asare reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilitie$ of the Owner enumerated herein and especiafiy those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Complgtion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3,1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by art agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated, however, the right of the Owner to stop the Work shall nol gtve dse to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Docttments and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and prompmess, the Owner may after such seven-day period give the Contractor a second written notice to correct such defidencies within a second seven-day period. If the Contractor within such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts the Contractor shall pay the difference to the Owner. ARTICLE 3 3,1 CONTRACTOR DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term ';Contractor" means the Contractor or the Contractor's authorized representative. WARNING: Unlicensed photocopying violates U.S. copyright laws and Is s~Jb~ect to legal prosecution. A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2,1 Thc Contractor shaU cm'cfufiy study ~d comp'arc thc Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis* and knowingly Failed to report it to the Architect. If the Con- field conditions and shall carefully compare such field mea- suam to Paragraph ~ 12 3.3.1 The Contractor shall supervise and direct the Work, 3.3.2 The Contractor shall be responsible to the Owner for acts 3.$.3 The Contractor shall not be relieved of obligations to per- $.3.4 The Contractor shall be re,sponsible for inspection of pot- 3.5 WARRANTY $.5.1 The Contractor warrants to the Owner and Axchirect that materials and equipment furnished under the Contract will be of good quality and new unle&s otherwise required or permit- ted by the Contract Documents, that the Work will I~ free from defects not inherent in the quality required or permitted, and that the Work will conform with the requgements of the Contract Documents. Work not conforming to these require- menu, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect. the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment 3.6 TAXES 3.6.1 The Contractor shall pay sales consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.'/.1 Unles~ otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees. licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and reg~la- ' tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor perfomls Work knowing it to be con- trary to laws, statutes, ordinances., building codes, and rules and regulations without such notice tc the Architect and Owner. the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.$.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objoction. 3.8.2 Unless otherwise provided in the Contract Documents .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work: .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 8 A201-1987 .3 Contractor's coSts for unloading' and handling at the site, labor, installatior~ costs, overhead, profit and other expenses contemplated for stated allowance amoUnts shall be induded in the Contract Sum and not in the allowances; .4 whenever costs are more than or leas than allowadces, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under'Clause 3.8.2.3, 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the · Project site during'performance of the Work. TI)e superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3~10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Projecl!, shall be related to the entire Project to the extent required by the Con- tract Documems, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordi- rated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE S~TE 3.11.1 The Contractor shall maintain at the site ilar the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked eurrentiy to record changes and selecrions made during constmcrion, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information fi]roished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged, 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mitt. als are not Contract Documents. The purpose of their sub- mtital is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required bY the contract Documents with reason- able promptness and in such sequence as to cause no delay, in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responMbility for deviations from requirements of the Contract DocUments by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittais, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of perfom~ance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting fir patching required to complete the Work or to make its parts fit together properly, 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering ~uch construction, or by excavation· The Contrac- tor shall not cut or otherwise alter such construction by the AIA® ,, © 19~7 THE AMERICAN INSTITUTE OF ARCHITECTS, 17~5 NEW YORK AVENUE, N.W., WASHINGTON, ]D.C. 20006 A201 '1987 9 Owner or a separate contractor except with written cousenl; of the Owner and of such .separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3,15 CL.EAHING UP 3.15.1 The Contractor shall keep the premises and surround- lng area free from accumulation of waste materials or mbblsh caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, constmction equipment, machinery and surplus materials, 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owr~r may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES MID PATENTS 3.17.1 The Contractor shall pay ail .royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct ora particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the rudest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and ~inst claims, damages, losses and expenses, includ- ing but not limited to attorneys' fo~s, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destmction of tangible prop- erty (other than the Work itselt) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omlssious of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph 3.18. 3.18.2 In c~alms against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. $.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of ~ arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instroctious by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failfire to give is the prima, ry cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tiffed as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties. responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consertt of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect. the Owner shall appoint an architect against whom the Con- tractor makes no reasonable obiection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2,1 The Architect will provide administration of the Connact as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period desc~bed in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.'~ The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Pae~rraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over Qr charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work· 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in thc Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect;s observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect wilt have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed ti completed. However/neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors5 material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect will review and approve or take other :ippropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract DooJ- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's profe.~sional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy . and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor' of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any constmclion means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.3 The Architect will prepare Change Ordcr~ and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of ftnal completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one 'or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an ex. hibit to be incorpo- 4.2.'11 The Agchitect willinterpret and decide matters concern- ing performance under and requirements of the Contract with reasonable prompmess and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this paragraph 4.2, then delay shall made for them. 4.2.12 Interpretations and decisions of the Architect will be Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secu[e faithful performance by both Owner and Comractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. CLAIMS AND DISPUTES 4.3;1 DeflniUon. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or refat- lng to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of Architect Claims, including those alleging an error or omission by thc Architect, shall be refcrted initially to thc Architect for action as provided in Para_graph 4.4. A deci* sion by thc Architect, as provided in Subpara~,raph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) th,e extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30.days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Llmlt~ on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after thc claimant first recognizes the condition giving risc to the Claim, whiclicvcr is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not bc considered unless submitted in a timely manner. A201-1987 11 AIA DOC~MI~IT &201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C 20006 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including arbitration, unless otherwise ag~ed in writ~r~g the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 WaKer of Claims:. Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- lng out of the Contract and unsettled; .2 failure of the Work to comply with the requLrements of the Contract Documents; or .3 terms of special warranties required by the Contract 4.3.6 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents; then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ maredally and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both, if the Archite~t determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is jnstitied, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor Cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.? Cbll~t~ for A~lltio~ll Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to exedute the Work. prior notice is not required fur Claims relating to an emergency endangering life or property arising under Para- graph 10,3· If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to Stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional '[]me 4.3.3.1 If the Contractor wishes to make Claim for an increase ih the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary, 4.3.3.2 If advetse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions bad an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. tf either party tO the Contract suffers injuty: or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agent~, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim isto be asserted, it shall be fried as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AHD DISPUTES 4.4.1 Thc Architect will review Claims and take one or more of thc following preliminary actions within ten days of receipt ora Claim: (f) request additipnai supporting data from thc claimant, (2) submit a schedule to thc parties indicating when thc Archi- tect expects to take action, (3) reject thc Claim in whole or in part, stating reasons for miection, (4) recommend approval of thc Claim by thc other patty or (5) suggest a compromise. Thc Architect may also, but is not obligated to, notify the surety1 if any, of thc natnre and amount of thc Claim. 4.4.2 Ifa Claim has been resolved, thc Architect will prepare or obtain approptiatc documentation. 4A.3 If a Claim has not been resolved, thc party making thc Claim shall, within ten days after thc Architect's preUminary response, takc one or more of the folio:wing actions: (1) submit additional supporting data requesred by thc Archirect, (2) modify thc initial Claim or (3) notify thc Architect that thc initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of thc foregoing and of further evidence presentcd by thc parties or requested by thc Architect, thc Architect will notify thc parties in writing that thc Architect's derision will be made within seven days, which decision shall be final and bindin8 on thc parties but subject to arbitration. Upon expiration of such time · period, thc Architect will render to thc pacdes the Architect's written decision relative to thc Claim, including any cha~gc in thc Contract Sum or Contract Time or both. if there is :~ surety and there appears to be a possibility of a Contractor's default, thc Architect may, but is not obligated to, notify thc surety and request the surety's assistance in resolving the controversy~ 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to A~bttraflon. Any contrOversy or Claim arising out of or related to thc Contract, or thc breach thereof, shall be setded by arbitration in accor- dance wida- thc Construction industry Arbitration Pules of thc American Arbitration Association, and judgment upon thc award rendered by thc arbitmtpr Ot arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such contrOversies or Claims upon which thc Archilect has given notice and rendered. a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph and no decision has been tendered. A~A DOCUMENT A201* GENERAL CONDITIONS OF THE C(~TRACT FOR CONSTRUCTION * FOURTEENTH EDITION 12 A201-1987 AIA® *©~987THEAMERICAN~N$T~TL~TE~FARCHiTECTS~735~EWY~RKA¥ENUE~.W'~WASH~NGT~N'DC2~6 4.8.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, ff subject to arbitration under Subparagraph 4.5.1, be derided by arbiLmtion in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rentiy In effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.8.a Contract Performance Outing Amitratlqn. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.8.4 When Arbitration bta¥ Be Demanded. Demand (or arbi- tration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deal- Sion on the Claim, (2) the tenth-day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a fmat written decision by 'that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.8.4.1 When a written decision of the Architect states that (1) the decbion is Final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on wlYtch the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result In the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties 4.5.4.!} A demand for arbitration shall be made withIn the time [in, its specified In Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be baned by the applicable statute of limitations as determined pursuant to Paragraph 13.7. .4.5.5 Limitation on Consolidation or Jolnder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or jcfmder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined; No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Cortsent to arbitration involving an additional person or entity shall not constitute consent to arbitration ora dispute not described thereIn or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert In the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a palW fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permR amendment. 4.5.7 Judgment on Final Award, The award rendered by the arbitrator or arbitrator's shall be final, and Judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITION~ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not Include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontraCtor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as ff singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subeontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of th~: Contract, shall furnish in wflUng to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materLMs or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity tO whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.$ If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occag:oned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submittIng names as required. 5.2;4 The Contractor Shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AIA [X)CUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIRe · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontraetor, to be bound to the Contractgr by terms of the Contract Docu- menu, and to assume, toward the Contractor all the obligations and responsibilities which thc Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise In the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor by the Contract Document& has against the Owner. Where appropriate, the Contractor shall reqmre each Subcontractor to enter into similar agreements with Sub-sob- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents Subcontractors shai~ slmilariy make copies o f applieable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of thc Work is assigned by thc Contractor to thc Owner provided that: .1 assignmcut is effective odiy after termination of thc Contract by thc Owner £or eause pursuant to Para- graph ]4.2 and only for those subcontract agreements which thc Owner accepts by notifying thc Subcon- tractor In writing; and .2 assignment is sublect to thc prior rights of thc surety, iff any, obligated under bond relating to thc Contract. 5.4.2 If thc Work has been snspended for more than 30 days, thc Subcontractor's compensation shai] be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right tO perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts In connection with other por- tions of the Project or other construction dr operations on the site under Conditions of the Contract identical or substantially similar to these Including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is Involved because of such action by the Owner. the Contractor shall make such Claim as provided else- where In the Contract Documents. 6.1.2 When .separate contracts are awardgd for different por- tions of the Project or other construction or operations on the site. the term "Contractor" In the Contract Documents In each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner In re'clewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and CdnLract Sam deemed necessary after a ~oInt review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided In the Contract-Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3. this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBIUTY 6.2.'1 Thc Contractor shall afford thc Owner and separate con* . tractors reasonable opportunity for Introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents 6.2.2 If par~ of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceedIng with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and resuits~ Failure of the ContraCtor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partiaily com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor In Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute ans~ among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintainIng the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may dean up and allocate the cost among those responsible as the Architect determines to be iusL 14 A201-1987 AIA D(X:UMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIAe · © 1987 THtl AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W. WASHINGTON. D.C. ZO006 WARNING: U nllcer-~-~d photocopying vioMtes U.S. copyright laws and is su~ect to legal prosecution. AR'~ICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents o; subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect. stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum. if any; and .$ the extant of the adjustment in the Contract Time. if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may indude those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A ~Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect. directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time. or both. The Owner may by Construction Change Directive. without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adinsted accordingly. 7.3.2 A Construction Change .Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides fo~ an adjnstmetit to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum propedy itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; .3 cost to be determined in a manner age-'ed upon by the parties and a mutually acceptable fixed or pe~ent- age fee; or .4 as provided in Subparagraph 7~3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order, 7.3.8 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adiustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the cfiange, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case. and also under Clause 7.3.3.3. the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents. costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of/aboi, including social security, old age and unemployment Insurance. fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance: .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or ,3 rental costs of machinery andequipment, exclusive of hand tools, whether rented from the Contractor or others; ,4 costs of premiums for all bonds and insurance, permit fees, and sales use or similar taxes related to the Work; and .5 additional costs of sopervision and field office person- nel directly attributable to the change. 7.3.? Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covertng related Work or substitutions axe involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do nol agree with the adiustment in Contract Time or the method for determining it the adjustment or the method shall be referred to the Architect for determination. ?,3.9 When the Owner and Contractor agree with the deter- ruination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by prepazation and execu- tion of an appropriate Change Order. 987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7A.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided~ Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible, 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The t~rrn "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS ANO COMPLETION 8.2.1 Time limits stated in [he Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is 2 reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 1 1 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an · employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's comrol, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall 'be extended by Change Order for such reasonable time as the Architect may determine, 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, indud- lng authorized adjustments, is the total amount payable by the Owner to the. Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing thc Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established'for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized., if required, and supported by such data substantiating the Contractor's tight to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests fo[ payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3,1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance. storage and transportation to the site for such materials and equipment stored off the site. 9.31.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment aH Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, daims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the AIA OO4~JMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION 1 6 A201-1987 AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NE~/YORK AVENUE, NW., WASHINGTON, D.C 20006 Owner a Certificate for Payment, with a copy to the Contrac- tor, f~r such amount as the Architect determines is properly due, or notify the Contractor and Owner in wtly~ing of the Architect's reasons for withholding certification in whole or in part.as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to th~ Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tin .ns are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor devhtlons from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures. (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the ContraCtor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIRCATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notif7 the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- rect may also decide not to certify payment or. because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary ]n the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied. .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .:3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .? persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certif'leatlon ~ be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the ~me provided in the Contract Documents, and shall so notify the Architect. 5.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreemen{ with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.5,:3 The Architect will, on request fumish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied f~r by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.5.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontracto[ except as ma}' otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.?.1 If thc Architect docs not issue a Ce,*~ficatc for Payment. through no fault of thc Contractor, within seven d=ys ;~ter receipt of thc Contractor's Application for Payment, or ff thc OWner do~ not pay thc Contractor within seven d~ys ;~cr thc date established in thc Contract Documents thc amount cer- t~cd by thc Architect or aw-,uded by athi~'mion, ~ thc COn* tractor may, upon seven additlomd days' written notice to thc Owner and Architect. stop thc Work un~ payment of the amount owing h.~ bccn rccelvcd. Thc Contract Time shau be cxtendcd approDriat¢iy =nd ~h¢ Contract Sum shau be increased by thc amount of the Contractor's reason;hie costs of shnt<lown, dcb. y and st~-up, which shall be accompUshed ~s provided in Article 7. 9,5 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is thc stage in thc proS~ess of the Work when thc Work or designated portion thereof is sut~- eieotiy complete in ~ccordance with thc Contract D<~cumcnts so thc Owner ~ occupy or utilize the Work for its intended 9.8.2 Wben thc Contractor considers that thc Work, or a por- tion tbereof which thc Owner agrees to accept ~YT, is substanti~y completc, thc Contractor shall prep~c :md submit to thc Architect a comprebensivc list of items to be complcted or corrected. Thc ConU-actor sh~ proceed prompdy to corn* plerc ;,nd correct items on thc list. Fauurc to include an item on such Ust does not alter the responsibili[y of thc Contrsctor to complete aU Work in accordanec with thc Con.ct Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether thc Work or desig- rated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, ~he Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upOn notification by the Architect. The Contractor sha]] then submit a request fur another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantfal Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantia] Comple- tion. The Certificate of Substantial Completion shall be sub- mitred to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 0,0,$ Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect. the Owner shall make payment reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9,1 The Owner may occupy or use any completed or par- tially completed portinn of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented tO by the insurer as required under Subpa~graph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retalnage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- re~,don of the Work and commencement of warranties required by ~he Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. ConSent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree. ment between the Owner and Contractor or. ff no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall [ointiy inspect the area to be occupied or pOrtion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon recetpt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a tmal Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said tm.al Certificate is due and payable. The Architect's final Certificate for Payment Will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being enritied to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered Iles$ amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in furce after firm] payment is currenfly in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligatioos, such as receipts: releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, tothe extent and in such form as may be designated by the Owner. ifa Subcon- tractor refos~s to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner ail money that the Owner may be compelled to pay in dischaegfug such lien, including all costs and reasormble attorneys' fees. 9.1 0.3 If, after Substantial Completion of the Work, final cQm- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affect~g final completion, and the Architect so confli'ms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than rerainage stipulated in the Con- tract Documents, and if bonds have been fi~mished, the written consent of surety to payment of the balance due fur that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of elalms by that payee except those previously made in writing and identified ay that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition tO the waiver described in Subparagraph 4.3.5. ~JA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION 18 .~0.01-1987 AIA® ,©I987THEAMERICANINSTITUTEOFARCHITECT$ 1735NEWYORKAVENUE, N.W.,WASHINGT?N,D.C. 20006 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SA~-= i Y PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the Contract. '10.1.2 In the event the Contractor encounters on the site matel~l reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor ,shall immediately stop Work in the area affected and report the L-ondirion to the Owner and Architect in writing· The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychtori- rtated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB): 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expensea, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinared biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or. indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardiess of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a partY or person described in this Subparagraph I0.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide .reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not des~nated for removal, relo- cation or replacement in the course of construction. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other wazdings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall ;xercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contradt Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or bY anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damag~ or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor axe In addition to the Contractor's obligations undgr Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shalt not load or permit any part of the construction or site to be loaded so as to endanger its saf~y. 10.3 EMERGENCIES 10.3.1 In an emergency affectingsafetyofpersousor property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by ~he Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be penCormed; AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 19 .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indir~:ctly related to employment of such person by the Contractor, or (2) by another person; .$ claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .0 claims for damages because of bodily injury, death of a person or property damage arBing out of owner- ship, maintenance or use of a motor vehicle; and .? claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph 11.I .1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be main- rained after final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work, These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for payment as required by Subparagraph 9.10.2. information · concerning reduction of coverage shall be furnished by the Contractor with reasonable prompmess in accordance with the ~ontractor's information and beliet~ 11.2 ~ OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection aooaitxSt claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Units otherwise provided, the Owner sh~Ji purch;~.~ and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles Such property insurance shall be main- rained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or enti~ other than the Owner has an in~orable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors ar~d Sub-subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-ri~k policy roan and shall insure against the p~riis of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vanclali~m, malicious mischief, collapse, false- work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11 .$.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the ~ontractor, Subcontracl:ors and Sub- subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto. 11.3.'L3 If the pmperty insurance requires minimum deducti- bles and such deductibles are identified in the Contract l)ocu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall covet portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit.~ 11.3.2 Boiler and Machinery Insurance, The Owner shall purchase and maintain boiler and .machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during insLaliation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor. Subcontractors and Sub- subcontractors in the Work. and the Owner and Contractor shall be r,.~maed insureda. 11.3.3 LOSS of USS Insurance. The Owner. at tile Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other haTards however caused. 11.3.4 If the Contractor requests in writing that insurance for risl~ other than those described herein or for other special haz- ards be induded in the property insurance policy, the Owner shall, if possible: include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 20 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION ^IAe · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW yORK AVENUE. N,W.. WASHINGTON D.C. 20006 11.3.5 If during the Project construction period the Owner insures properties, real or personai or both, adjoining or adja- cent to the site by property insurance under polldcs separate from those insuring the Project, or if aRer ~aa] payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparaq~tph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.$ Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages requ!red by this Paragraph 11.3. Each policy shall contain all geileraily applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.? Wihters of Subrogation. The Owner and Contractor waive all rights against (11 each other and any of their subcon- tractors, sub-subcontractors, agents and employees each of the other, and I2) the Architect, Architect's consuRants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or othe~ property insurance applicable tO the Work, except such rights as they have to proceeds of such insurance held by the Owner aS fiduciary The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub-subcontractors, agents and employe~s of any of them, by appropriate agreements, written where legally required f~r validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. ! 1.3.$ A lnss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11,3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor. and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors tn similar manner 11.3.9 If required in writing by a party in interest, the Owner as fiducla~/ shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged aLZainst proceeds received aS fiduciary. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be aS provided in paragraph 4.5. If after such loss no other special agreement is made. replacement of dam- aged property shall be coveted by appropriate Change Order. ~ 1 .a.10 The owner as fiduciary shall have power to adjust and settle a logs with insurers unless one of the parties in interest shall object in writin~ within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.~. The Owner aS fiduciary shall, in that case, make settie, ment with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by meditration is required, the arbitrators will direct such distribution. 11.3.11 Partlai occopancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or compames and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Thc Owner shall havc thc right to require thc Contrac- tor to furnish bonds covering faithful performance of thc Con- tract and payment of obligations arisin§ thereunder as stipu- lated in biddin8 requirements or specifically required in thc Contract Documents on the date of execution of the Contract, 11.4.2 Upon thc request of any person or entity appearing to bc = potcntlai beneficiary of bonds covcrin§ payment of obliga- tions arising under the Contract: the Contractor shai] prompdy furnish a copy of the bonds or shall permit a copy to bc made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary tc the Architect's request or to Yequirements specifically expregsed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the 12.1.2 If a portion of the Work has been covered which the ing and replacement shall. Dy appropriate Change Order: be 12.2 CORRECTION OF WORK 12.2.1 Thc Contractor shall promptly correct Work rejected Substantial Completion and whether or not fabricated, installed such rejected Work, including additional testing and inspec- expenses made necessary thereby. 12.2.2 If. within one year aRer the date of Substantial Comple- ~,.I,~.e *©Ig87THEAMERICANINSTITUTEOFARCHITECTS. 1735NEWYORKAVENUE. N.W. WASHINGTON. D.C.20006 A~O1-1987 21 for commencement of warranties established under Sub- paragraph 9.9.1, o~ by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly alter receipt of written notice from the Owner to do so unless the Owner ha~ previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan: rial Completion and the act,Jal performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notide promptly after dis- covery of the condition. 13.2.3 The Contractor Shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance ~lth Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time ftxed by written notice from the Architect, the Owner may remove it and store the salvable materiais or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owe~r may upon ten additional days' written notice sell such materials and equipment at auction or at ptivate sale and shall acCount for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be redgced by ~he defidency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing conbained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2'.2 relates only to the specific obligation of the Comractor to correct the Work, and has no relationship to ~he time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 Thc Contract shall be governed by thc law of the place where the Project is located~ 13.2 SUCCF-SSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and lega~ representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Comract shall assign the Contract as a whole without written consent of the other. If either party attempts ~o make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Doen- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13;4.2 No action or Pallure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence ~n a breach thereunder, except as may be specificaliy agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rule$, regulatiorts or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test~ ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, an.d shall bear all related costs of tests, inspections and approvals. The Contractor shall give the' Architect timely notice of when and where tests and inspec- tions are to be made so the ArchRect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon wdtten authorization from the Owner, instruct the Contractor to make acrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give t~nely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. AIA DOCUMEN'r A2~1 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEEbrTH EDITION 22 A201-1987 ^[^' · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D,C. 20~0~ The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.6.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements ~$tablished by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.6.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, ~here practicable, at the normal place of testing. 13.5.6 Tests or iospectio~s conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Belore Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to nm and any alleged cause of action shall be deemed to have accnled in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 ARer Final ~ertlflcata for Payment. AS to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to mn and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure tO act by the Contractor pursuant to any wareanty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by ~he Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR sUsPENSION OF THE CONTRACT 14.1 TERMINATION BY 'IHE CONTRACTOR 14.1.1 The Contractor may terminate the Contract ff the Work is stoplx-d for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employe~ or any other persons performing~portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuanee of an order of a court or other public author_ ity having !urisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner.as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365<1ay period, whichever is less; or .5 the Owner has failed to f~rnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, indu~ling reasonable overhead, profit ,and damages. 14.1.$ If the Work is st9pped for a period of 60 days through · no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work'under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor~ tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover '~rom the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if thc Contractor: .1 persistently or repeatedly refuses' or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreemen~ between the Contractor and :the Subcon{ractors;- .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to jus- AIA OO~U~.fi/A~01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AiAe * © 1987 THE.AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20006 A~01-1987 23 tify such action, may without prejudice to.any o~er rights or remedie~ of the owner and afxer giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- mate employment of the Contractor and may, subject to any prior rights of the surety: .1 take posse*sion of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned lay the Contractor; .2 accept assignment of subcontracts pursuant to para~ graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner [ermimates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- teet's services and expenses made neeessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the ContraCtor Or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 suSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without canse, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the ex'zen(: ,1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.a.a Adjustments made in the cost of performance may have a mutually agreed fLxed or percentage fee. AIA DOCUMENT A20t · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION 24 A2o1-1987 AIA® *~)1987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW,WASHINGTON, DC20006 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 thatArticle, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) (2) (3) (4) (5) (6) Premises .- Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. BASLETBALL COURT RECONSTRUCTION & RESTORATION F-1 .2 .3 Comprehensive General Liability (Including Premises . Operations; Independent Contractor's Protective; Products and Completed Operations; 'Broad form Property Damage): bo Bodily Injury: $1,000,000 Each Occurrence $ t,000,000 Aggregate, Products and Completed Operations. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. 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, non-owned, hired): Bodily Injury: $1,000,{)00 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: 13ASLETBALL COURT RECONSTRUCTION & RESTORATION F-2 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for Reconstruction & Resurfacinq of Basketball Courts at FISHERS ISLAND Town of Southold New York State Department of Labor wage rates Apply to this specification as if they were fully incorporated herein. BASLETBALL COURT RECONSTRUCTION & RESTORATION H-1 I~YSDOL ~ Pre~ailing Wages (View Wage Schedule) Page 1 of 1 Unemployment Career Business Workforce NY Workforce & Worker Forms and Home Benefits Services Services Partnem Industry Data Protection Publications Rate J View PDF * Oveddme Codes Holiday Codes - Searcll Aoa~n Prevailing Wage JOB DESCRIPTION DISTRICT Laborer - Heavy&Highway .4 ENTIRE COUNTIES Nassau. Suffolk WAGES Laborer (Heavy/Highway) GROUP # 1: Asphalt Rakers and Formselzers. GROUP # 2: Asphalt Shovelers. Roller Boys and Tampers. GROUP # 3: Basic Laborer, Power Tool, Trackmen. Landscape, P[pelayer Jackhammer and Concrete Traffic Control Personnel. WAGES PER HOUR: 07101/2008 GROUP # 1 $ 32.71 GROUP # 2 $ 31.80 GROUP # 3 $ 29.05 SUPPLEMENTAL BENEFITS Per Hour; 07101/2008 ALL GROUPS $ 22.83 After Forty (40)paid Hours in a work Week $14.62 OVERTIME PAY See (B. E2. F) on OVERTIME PAGE NOTE: NOTE: HOLIDAY Paid: Ove~me: Premium Pay of 25% of wage for all Straight time hours on all New York State D.O.T. and other Goverment Mandated Off-Shift Work Hazardous Material Work add an Additional 10% of Hourty Rate See [1) on HOLIDAY PAGE See [1) on HOLIDAY PAGE REGISTERED APPRENTICES One (1) Year Terms et the following Pecentage of the Journeyman's Wage 1st 2nd 80% gO~/~ Supplemental Benefits per hour APPRENTICES ~ 22.83 After Forty (40)paid Houtsin a work Week $14.62 4-1298 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Mar 01 2009 Published by the New York State Department Qf Labor Introduction to the Prevailing Rate Schedule Information About Prevailing Rate Schedule This information is provided to assist you in the interpretation of particular requirements for each class flcation of worker contained in the attached Schedule of Prevailing Rates. Classification It is the duty of the Comhtissioner of Labor to make the proper classitication of workers taking into account whether the work is heavy and highway, building sewer and water tunnel work or residential, and to ~make a detarm nation of wages and supp ements to be paid or provided. It is the responsibilib/of the public work contractor to use the proper rate. If there s a quest on on the proper classifiF, ation to be used, please call the disthct office located nearest the project. District o~fice locations and phone numbers are listed below. Prevailing Wage Schedules are issued separately for "General Construction Projects' and "Residential Construction Projects" on a county- by-county basis. General Construction Rates apply to projects such as: Buildings, Heavy & Highway, and Tunnel and Water & Sewer rates. Residential ConstruCtion Rates generally apply to construction, reconstruction, repair, alteration, or demctition of one family, two family, row housing, or rental type units intended for residential use. Some rates listed in the Residential Construction Rate Schedule have a very limited applicability listed along with the rate. Rates for occupations or locations not shown on the residential schedule must be obtained from the General Construction Rate Schedule. Please contact the local Bureau of Public Work office before using Residential Rate Schedules, to ensure that the project meets the required criteria. Paid Holidays Paid Holidays are days for which an e g b e emp oyee receives a regular day's pay, but is not requ red tO perform work. If an employee works on a day listed as a paid holiday, this remuneration is in addition to paymentof the required prevailln~ rate for the work actually performed. Overtime At a minimum, ail 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 roquirements for each trade or occupation on a pub c work project may differ. Specific overtime requ rements for each trade or occupation are contained in the prevailing rate schedules. Overtime 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 holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay far these covered holidays can be found in the OVERTIME PAY section listings for each ctassification. Supplemental Benefits Particular attention should be given to the supplemental benefit requirements· Although in most cases the payment or provision of supplements is for each hour worked, some classifications require the payment or provision of supplements for each hour paid (including pa~dho§days on which no ~ is perfon"ned) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. Effective Dates VVhe.,n you review th.e sche~lule for a j~arflcu!ar occupation, your attention should be directed to the dates above the column of rates. These are me dates ror which a g~ven set or rates ~s effective. The rate listed is valid until the next effective rate change or until the new.annual determination which takes effect on Ju~y I of each year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements. If you have any questions please contact the Bureau of Publ c Work or visit the New York State Department of Labor webs te (www. abor. state.ny, us) roi- current wage rate information. Apprentice Training Ratios The following are the allowable ratiOS of registered-Apprentices to Journey-workers. For exam~ole the ratio 1:1,1:3 indicates the allowable initial ratio s one Apprent ce to one Journeyworker. The Joaroeyworker must be in place on me project before an Apprentice is allowed. Then three additiona/Joumeyworkere are needed before a second Apprentice is alJowed. The last ratio repeats indefinitely. Therefore. three more Joumeyworkers must be present before a third Apprentice can be hirec. and so on. Please call Apprentice Training Central Office at (518) 457-6820 if you have any questions. Title (Trade) F{atio Boilermaker 1:1.1:3 Mason 1:1,1:4 Carpenter 1:1.1:4 Electrical (Outsh:le) Lineman 1:1,1:2 Electrician [Inside) 1:1,I:3 Page 1 Prevailing Wage Rates for 07~)1/2008 - 06/30/2009 Published by ~ New Yo~k State Department of Labor Last Published on Mar01 2009 Elevator/Escalator Construction & Modernizer 1:1,1:2 Glazier 1:1,1:3 Insulation & Asbestos Worker 1:1.1:4 Iron Worker 1:1,1:6 Laborer 1:1,1:3 ap Engineer 1:1.1:5 Painter 1:1.1:3 Plumber & Steamfitter 1:1,1:3 Roofer 1:1.1:2 Sheet Metal Won(er 1:1.t:3 Sprinkler Filter 1:1.1 ;2 If you nave any questions concerning the attached schedule or would like additional information, piease contact the nearest BUREAU of PUBLIC WORK District Office ar write to: New York State Deparlment of Labor Bureau of Public Work State Office Campus, Bldg. 12 Albany, NY 12240 District Office Locabons: Bureau of Public Work - Albany Bureau of Public Work - Binghamten 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 Wo. rk - 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 Office Telephone # 518-457-2744 607-721-8005 716-847-7159 516-228-3915 845-568-5287 212-775-3568 631~o87-4883 585-258-4505 315-428-4056 31 5-793-2314 914~997-9507 518-457-5589 FAX # 518-485-0240 607-721-8004 716-847-7650 516-794-3518 845-568-5332 212-775-3579 631~687-4904 585-258-4708 315-428-4671 315-793-2514 914-997-9523 518-485-1870 Page 2 Prevailing Wage Rates fo[ 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Mar 01 2009 Suffolk County Suffolk County General Construction JOB DESCRIPTION Asbestos Worker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per hou~ 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 Apprentice Removal & Abatement Only: 1000 hour terms at the following percentage of Journeyman's rates. 1st 2nd 3rd 4th 78% 80% 83% 89% DISTRICT 9 Supplemental Benefits: (per Hour Worked) Apprentice Removal & Abatement Only $10.65 9-12a.- Removal On{y JOB DESCRIPTION Boilen'aaker DISTRICT 4 ENTIRE COUNTIES Bronx, Dutchess. Kings, NasSau, New York, Orange, Putnam, Queens, Richmond, Rockland., Suffolk, Sullivan, Ulster, Westchester WAGES Per Hour: 07101/~008 01/01/2009 12/31/2008 06/30/2009 Boilermaker $ 44.98 $ 45.89 Repairs & 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 Houdy 48% of Hourly Wage Paid + Wage Paid + $ 8.09 $ 8.33 NOTE: 'Houdy Wage Paid" shall include any and all premium(s) pay. *Same a~ Boilermaker (includes replacement of parts and repairs & renovation of an existing unit). OVERTIME PAY See (D, O) on OVERTIME PAGE Page 3 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 ' Published by the New York State Department of Labor Last Published on Mar 01 2009 Suffolk County HOLIDAY Paid: See (8, 16, 23, 24) on HOLIDAY PAGE Overtime: See (5, 6, 11, 12, 15, 251 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 atthe following pecentage of Boilermaker's Wage I st 2nd 3rd 4th 5th 6th 65% 65% 70% 75% 80% 85% 7th 90% 8th 95°/, Supplemental Benefits Per Hour: 07/01/2008 01/01/2009 12/31/2008 06/30/2009 Boilermaker 48% of Houny 48% of Hourly Apprentice(s) Wage Paid + Wage Paid + ~ 8.09 $ 8.33 Repairs & Renovation' Apprentice(s) $48% of Houdy Wage Paid + $ 8.09 NOTE: "Hourly 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 Caq3enter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam. Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour 07/01/2008 Piledriver $ 43.08 Dockbuilder $ 43.08 DISTRICT g SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 36.04 OVERTIME PAY See (B, E2, O) on OVERTIME PAGE HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprentices Overtime: See (18,19)on HOLIDAY PAGE. See (5,6,11,13,16,18,19.25) See (5,6,11,13,16,18.19.25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wages per hour: Page 4 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Mar 01 2g09 Suffolk County (1)year terms: I st. 2nd. 3rd 4th. $17.23 $21.54 $28.00 $34.46 Supplemental benefits per hour: Apprentices $ 23.10 9-1456 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Dbtchess, Kipgs, Nassau, New York, Orange, Putnam, Queens. Richmond, Rocldand, Suffolk. Westchester WAGES Per hour: 07/01/2008 Carpet/Resilient Floor Coverer $ 43.02 SUPPLEMENTAL BENEFITS Per hour paid: Floor Coverer $ 36.04 OVERTIME PAY See (B, E, Q) on O~/ERTIME PAGE HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprentices Overtime: See (18, 19)on HOLIDAY PAGE. See (5,6,11,13,16,18.19;25) See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wage per hour: (1) year terms: 1st. 2nd. 3rd. 4th. $17.21 $21.51 $27.96 $34.42 Supplemental benefits per hOUr: Apprentices $ 24.26 9-2287 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York. Orange, Putnam, Queens. Richmond, Rockland. Suffolk, Westchestar WAGES Per hour: 07/01/2008 Marine Construction: Madne Diver $ 54.63 M.D.Tender 39.18 SUPPLEMENTAL BENEFITS Page 5 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Depart~nent of Labor Last Published on Mar 01 2009 Suffolk County Per hour paid: Journeyman S 38.14 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprenfices Ovedime: 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. 2nd 3rd 4th $21.54 $28.00 $34.46 Supplemental benefits per hour: Apprentices $ 25.11 9-1456MC JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland. Suffolk. Westchester WAGES Per hour: Building Millwright SUPPLEMENTAL BENEFITS Per hour paid: Millwright OVERTIME PAY See (B, E, F_2, Q) on OVERTIME PAGE HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprenbces Overtime REGISTERED APPRENTICES Wages per hour: (1) year terms: 07/01/2008 Supplemental benefits per hour; $ 43.69 $ 42.35 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. lsL 2nd. 3rd. 4th. $24.02 $28.39 $32.76 $41.50 (1) year terms: 1st. $25.32 2nd. 3rd. 4th. $28.07 $31.82 $36.36 Page 6 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published Dy the New York State Depadment of Labor Last Published on Mar 01 2009 Suffolk County 9-740.1 JOB DESCRIPTION Carpenter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per Hour: 07/0112008 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.lst & 2nd yr. Apprem~ces 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. DISTRICT 9 2nd 3rd 4th 50% 655 80% Supplemente~ benefits per hour: Apprentices $ 25.14 9-1536 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland. Westchester PARTIAL COUNTIES Orange: South of but including the foliowing, Watertoo Miits, SlateHill, New Hamp[on, Goshen. Blooming Grove, Mountainville east to the Hudson River, Putnam: South of but including the following, Cold Spring, TompkinsComer, Mahopac, Croton Fails, east to Connecticut border. Suffolk: West of Port Jefferson and Patchoque Road to Route 112 tothe Atlantic Ocean WAGES Per hour: 07/01/2008 Core Drilling: Driller ~ 29.56 Assistant Ddller 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: V~en required to work on water: an additional $ 0.50 per hour. Page 7 Prevallipg Wage P~tes for 07/01/2008 - 06/30/2009 Last Punished on Mar 01 2009 Published ~)y the New York State Department of Labor Suffolk County SUPPLEMENTAL BENEFITS Per hour paid: Ddller Assistant OVERTIME PAY OVERTIME: HOEDAY HOLIDAY: Paid: Overtime: $10.36 10.36 See (B,E~K*,P,R**) on OVERTIME PAGE. See I5,6) on HOLIDAY PAGE. * See (5,6~ on HOLIDAY PAGE. "See (8,10,11,13) on HOLIDAY PAGE. Assistant: One (1) year increments at the following percentage of Assistant wages. This is not, an apprenticeship for Driller. 1st Year 2nd Year 3rd Year 4th Year 70% 80% 90% 100% 9-1536-CoreDriller JOB DESCRIPTION Carpenter-Building/Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau Suffolk WAGES Per HouE Building Carpenter Heavy Highway Carpenter SUPPLEMENTAL BENEFITS Pet 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 AJI Apprentice Terms $17.07 4-Reg. Council Nass/Suff JOB DESCRIPTION Electhcian ENTIRE COUNTIES Nassau, Suffolk WAGES DISTRICT 4 Page 8 Prevailing Wage Rates for 07/01/2008 - 06130/2009 Last Published on Mar 01 2009 Published by the New York State Depadment of Labor Suffolk County PerHour: 07/01/2008- 04/25/2009 04/24/2009 Electrician $ 44.75 $ 45.75 Fire Alarm $ 44.75 $ 45.75 HVAC Controls $ 44.~5 $ 45.75 PUMP & TANK WORK Electrcian $ 35.20 SUPPLEMENTAL BENEFITS Per Hour: Electrcian 07/01/2008- 04/25/2009 04/24/2009 28.0% of Houdy 16.0% of Houdy Wage Paid + Wage Paid - $16.31 $ 22.69 NOTE: "Houdy Wage Paid" shall ~nclude any and all premium(s) OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOUDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25) on HOL DAY PAGE REGISTERED APPRENTICES Orle(1) Year Terms at the following Percef~ge of Journeyman(s) Wage 1st 2nd 3rd 4th 5th 6th 35% 40% 45% 50% 60% 70% Supplemental Benefi~ per hour Apprentice(s) 1st Term 15% of Hourly 3% of Houdy Wage Paid + Wage Paid + $ 2.36 $ 4.54 2nd Te~n 15% of Hourly 3% of Houdy Wage Paid + Wage Paid + $ 4.30 $ 6.79 3rd Term 4thTerm 5th 'l-erin 6th Term 28.0% of Hourly 16.0% of Hourly Wage Paid + Wage Paid + $ 7.34 $10.21 . 28.0% of Hourly 16.0% of Hourly Wage Paid + Wage Paid + $ 8.17 $11.35 28.0% of Houny 16.0% of Houny Wage Paid + Wage Paid + $ 9.78 $13,61 28.0% of Hourly 16.0% of Hourly Wage Paid + Wage Paid + $11.42 $15.88 OTE, Hourly Wage Pa d shall include any.arid alt premium(s) pay 4-25 JOB DESCRIPTION Electrician DISTRICT 4 Page 9 Prevailing Wage Pa{es for O7/01/2008 - 06/30/2009 Last Published on Mar 0t 2009 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008 Electrcian Electrical Maintenance $ 34.90 "PLEASE NOTE" ApplicaDle to "EXISTING ELECTRICAL SYSTEMS" including, but not limited to TRAFFIC SIGNALS & STREET LIGHTING Not used for addons Published by the New York State Department of Labor Su~olk Cou.iy SUPPLEMENTAL BENEFITS Per Hour. Electrcian 07/01/2008 35.5% of Hourly Wage Paid + $ 5.28 NOTE: "Hourly Wage Paid" shaft include any and all premium(s) pay OVERTIME PAY See (B, E2, H) on OVERTIME PAGE HOLII~AY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 251 on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Yea[ Term(s) at the foflowing Percentage of Journeyman(s) Wage: 1st Yr 2nd Yr 3rd Yr 4th Yr 5th Yr 40% 50% -60% 70% 80% Supplemental Benefits per hour Apprentice(s) 35.5% ofl-lourly Wage Paid + $ 5.28 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay 4-25m JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau. Suffolk WAGES Per Hour: Telephone & Intergratad Tele- Data Sytems Electrician DISTRICT 4 07/01/2008 31.80 "PLEASE NOTE" This rate classification applies to ALL Voice,Data & Video work.: Excluding Fire Alarm Systems and Energy Managment Systems IHVAC Controls), in those cases the regular Elechician rate applies. To ensure proper use of this rate please cal{ the Garden City District Office at (516)228-3915. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Page 10 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New Yon~ State Department of Labor Last Published on Mar 01 2009 Suffolk Courtly Electrician 47.5% of Houdy Wage Paid + $ 3.90 NOTE: "Houdy Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16.25) on HOLIDAY PAGE 4-25tela JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau. Suffolk WAGES Per Hour: Tree Trimmer/ Line Clearance Specialist SUPPLEMENTAL BENEFITS Per Hour: Tree Tdmmer/ Line Clearance Specialist 07/01/2008- 01/01/2009 12/31/2008 $ 25.57 $ 26.46 07/01/2008- 01/01/2009 12/31/2008 19.0% of Houdy 20.5% of Hourly Wage Paid + Wage Paid + $ 5.33 $ 5.48 DISTRICT 4 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 Hourly Rate plus Hol~ay Pay j~ Worked 4~1049/Tree JOB DESCRIPTION Electrician Lineman ENTIRE COUNTIES Nassau, Suffolk WAGES For Utility Distribution & Transmission Line Consfrucfion Per Hour: 07/01/2008 Lineman/Splicer $ 39.50 Maradal Man 34.37 Heavy Equip. Operator 31.60 Groundman 32.70 Flagman 17.78 DISTRICT 4 Undergmnd Natural Gasline Mechanic (2" or Less) 07/01/2008 Journeyman U.G.Mech. $ 31.81 Page Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Mar 01 2009 Published by the New Yor~ Slate Department of Labor SUPPLEMENTAL BENEFITS Per Hour: Utility Dist~bution & Transmission Line Construction 07/01/2008 Classifications 24% of HourJy Wage Paid + $ 6.40 Underground Natural Gas Mechanic 07/01/2008 Journeyman U.G.Mech. 12% of Houny Wage Paid $ 5.96 NOTE: "Houdy 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 Percen[age of Journeyman's Wage. 1st. 2nd. 3rd_ 4th. 5th. 6th. 7th. 60% 65% 70% 75% 80% 85% 90% 4-1049 Line/Gas JOB DESCRIPTION ElevatorCons~uctor DISTRIC't ~ ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk PARTIAL COUNTIES ~V~I. a. nd: Entire County exCept for the Township of Stony Point Yorktown.tCnester: Entire County except for the Townships of Bedford. Lewisboro, Cortland, Mt. Kisco. North Salem. Pound Ridge, Somers and WAGES Elevator Constructor Elevator Constructor Modem. & Service SUPPLEMENTAL BENEFITS Per hour: Elevator Constructor MOdem./Service OVERTIME PAY Constructor. See ( C, O ) on OVERTIME PAGE. 07/01/2008 $ 48.19 $ 38.46 07/01/2008 $ 21.82 $21.67 Modero./Service See ( B, H ] on OVERTIME PAGE. Page 12 Prevailing Wage Rates for 07J01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Publislmd on Mar 01 2009 Suffolk Cou,,[y When a service contract requires tw~ 8-hour shifts. Mon-Sat, worker assigned to each of Ihe double shifts shall work 8 hours per day, 6 days per week for a total of 48 hours. Worker shall be paid for 52 hours at single rate. Any worker who v~rks less than 48 hours shall have his premium prorated. HOL:IDAY 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 1st Term $ 21.15 2nd Tern', $ 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 $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. Gtazier Scaffolding Repair & Maintenance: 07/01/2608- 05/01/2009 04/30/2009 45.05 Add/tional $ 3.40/hour $ 46.05 Additional $ 3.40/hour Glazier $ 25.85 Additional $1.25/hour Repair & Maintenance-/MI repair & maintenance work on a particular building, whenever performed, where the total cumolaUve centracl value is under $100.000.00 SUPPLEMENTAL BENEFITS Per hour paN: Journeyman .... Glazier $ 22.84 Page 13 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Mar 01 2009 Repair & Maintenance** $12.79 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 s worked then both hours or more ( 8th and 9th or more ) will be at the double 6me rate of pay. "For Repair & Maintenance see ( B,F, P) on overtime page. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE The Following are paid holidays for the Repair & Maintenance Class: New Years day, Presidents day, Memodal day, Indel3endents day, Labor day, Thanksgiving day, Day after Thanksgiving, and Christmas day. REGISTERED APPRENTICES Wage Der hour: Publish~l by the New York State Department of Labor Suffolk County (1) year terms at the following wage rates. 1st term... $15.25 40% of Journeymans wage 2nd term... $ 22.55 50% ...... 3rd term... $ 28.25 60% ........ 4th term... $ 36.05 80% ......... Supplemental Benefits: (Per hour worked) 1st term .... $1~57 2nc ~rm.. ~ 15.71 3rdterm $17.13 4th term .... $19.99 9-1281 (DC9 NYC) JOB DESCRIPTION Insulator- Heat & Frost ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per holm. 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, VI 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: Apprentice insulator(s) 1 year terms at the following aorcentage of Journeyman's rates 1st 2nd 3rd 4th 40% 60% 70% 80% Page 14 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New Yo~k State Depar~nent 01Labor Last Published on Mar 01 2009 Suffolk County Supplemental Benefits per houF Apprentice Insulator(s) Same % as for Wage of ~ 27.11 9-12 JOB DESCRIPTIOI~ Ironworker DISTRICT 9 ENTIRE COUNTIES Bronx. Kings. Nassau. New York, Que(~ns, Richmond. Suffolk. Westchester WAGES Per hour' 07101/2008 Derrickman/Rigger $ 48.00 SUPPLEMENTAL BENEFITS Journeyma~ $ 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 (8thI a~d ninth (9) hours of work) and double time shall be paid for alt work thereafter. '~[~me and one-haff shall be paid for all work on Saturday up to seven (7] hours and doable time shall De p~id 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 .Overtin~:....See (5*, 6', 8'*, 24'**, 25**) on HOLIDAY PAGE. *No w~rk shall be perfon'ned on this day, except in cases of emergency. Such work shall be done et double time rate of Day. **Double time rote of PaY. *--Work stops at schedule lunch break with full day's pay. REGISTERED APPRENTICES Wage per hour: (1/2) year terms at the following Dereantage of journeyman's wage. 1st 2nd 3rd 4th 5th 50% 50% 70% 80% 90% Supplemental benefits per hour paid: Registered Apprentice I st year All others 50% of journeyman's rate 75% of journeyman's rate 6th 90% 9-197D/R JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Page 15 DISTRICT 9 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Mar ~1 2009 Suffolk County 07/01~2008 Ornamental $ 39.15 Chain Link Fence $ 39,15 Guide Rail Installation $ 39.15 Shift Work: Minimum duration of 5 days. Monday thru Friday: When two or three shifts are employed, each shift shall work 7 hour days aha be paid for 10 1/2 houm. Shifts not cempleting the full 7 hours shall .be paid 1 1/2 times the st~aight-tirne rate for the hours worked. Saturday, Sunday, Holidays: When two or three shifts am employed, each shift shall work 7 hour days and be 3aid 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: 07/01/2008 Joarneyrsan: $ 38.32 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 [2) hours on any regular work da [8th & 9th h~ura of work) and double time shall be paid for all work thereafter **Time and one-half shall De paid for all work on Saturday up to seven (7) hours and double time shall 9e paid for all work thereafter. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES 1st term represents first 1-4 months, thereafter (1/2) year terms at the following percentage of Journeyman's wage. APPRENTICES: 1st 2nd 3rd 4th 5th 6th 60% 65% 70% 80% 85% 95% Supplemental Benefits per hour paid: 07/01/2008 1st Term $ 23.92 2nd Term $ 25.72 3rdTerm $ 27.52 4thTerm $ 31.12 5th Term $ 32.92 6th Term $ 36.52 9-580-Or JOB DESCRIPTION IronworKer ENTIRE COUNTIES Bronx, Kings, Nassau, New Yo~, Queens, Richmond, Suftolk. Westchester PARTIAL COUNTIES Rockland: Southern Section WAGES Per hour. 07/01~2008 DISTRICT 9 Reinforcing & Page 16 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Las~ Published on Mar 01 2009 Suffolk Couhty Metal Lathing... $ 45.57 Shift Work: Off-hour shifts must begin after 3:30pm, and end before 7:00am Wage: $ 57.57 SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 30.96" * Only $19.50 of the total Supplemental Benefits Amount subject to time one half or double time as per overtime code "V~). OVERTIME PAY OVERTIME: See (A*,E*,Q.V) on OVERTIME PAGE. · A~I overtime in excess of ter (10)hours shall be paid at double wage. HOLIDAY Paid: See (1) on HOLIDAY PAGE Over, me: See (5, 6, 8, 11, 13, 18, 19. 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: (1) year terms at the following wage re[es: 1st 2nd 3rd $ 26.90 $ 30.97 $ 35.50 Sup~)lemental Benefits per hour paid: 1st 2nd 3rd $ 23.33 $ 24.88 $ 25.93 9-46Reinf JOB DESCRIPTION Ironworker ENTIRE COUNTIES [~tonx. Kings, Nassau, New York. Queens, Richmond, Suffolk. Westchester WAGES Wages: (Per Hour) 0~01~008 Structural ..... $ 38.65 Riggers ..... $ 38.65 Machinery Movers ..... $ 38.65 Machinery Erectors ..... $ 38.65 DISTRICT 9 SUPPLEMENTAL BENEFITS Per Hour:. Journeyman.. $ 51.00 OVERTIME PAY See (B*,E**,Q,V) on OVERTIME PAGE. · Time and one-half shall be paid for all work in excess of (8) eight hours at the end of a work day to a maximum of two hours on any regular work day (the ninth (~th) and tenth (lOth) 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 e~ght (81 hours and double time shall be paid for a work thereafter. Page 17 Prevailiag Wage Rates for 07~1/2008 - 06/30/2009 Published by the New Yo~k State Department ot Labor Last Published on Mar01 2009 Suffolk County 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. I st 2nd 3rd 4th 5th 6th $20.42 21.02 21.02 21.62 21.62 21.62 Supplemental Benefits: (Per Hour) $ 36.00* * Applies to all Apprentices. 9-~0/361-Str JOB DESCRIPTION Laborer- Building DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour; 07/01/2008 Building Laborer $ 28.75 Asbestos Abatement Worker (Re-Roofing see Roofer) $ 29.00 . SUPPLEMENTAL BENEFITS Per Hour. 07/01/2008 Building Laborer $ 23.42 Asbestos Worker $1.1.10 OVERTIME PAY See IA, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Regular Houm Work Terms (Not Available for Abatment Wort() TERM #1 1 hr to lO00hm TERM #2 1001hm to 2000hrs TERM #3 2001hfs to 3000hrs TERM ~ 3001hfs to 400Ohm Wages per hour: APPRENTICES (Not Allowed on Abatment Work) TERM #1 $16.00 TERM #2 18.75 TERM #3 21.25 TERM #4 24.00 Sup~emen~iBenefitsperhoun APPRENTICES Page18 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Pubashed by the New )fork State Department of Labor Last Published on Mar 01 2009 Suffolk County TERM #1 $11.83 TERM #2 13.33 TERM #3 14.11 TERM ~ 14.61 4q~6 JOB DESCRIPTION Laborer- Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Laborer (Heavy/Highway): GROUP # 1: Asphalt Rakers and Formsetters. GROUP # 2: Asphalt Shovelem. Roller Boys and Tampem. 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 OVERTIME PAGE NOTE: Premium Pay of 25% of wage for all ~traight time houm on all New York State D.O.T. and other Goverment Mandated Off-Shift Work NOTE: Hazardous Matedal Work add an Additional 10% of Hourly Rate HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: 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 hou~ APPRENTICES $ 22.83 After Fody (401paid Houm in a work Week $14.62 4-1298 JOB DESCRIPTION Mason DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens. Richmond. Suffolk Page 19 Prevailing Wage Rates for 07/~1/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published (~n Mar 01 2009 Suffolk Cou,,ly WAGES Per Hour: Bdck/Blocklayer SUPPLEMENTAL BENEFITS Per Hour: Brick/Block Layer 07/01/2008 $ 44.99 07/01/2008 $ 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 fo(lowing Wage rote per hour I st 2nd 3rd 4th 5th 6th 500hm 500hrs $21.76 $25.79 $29.82 $33.86 $37.89 $39.91 Supplemental Benefits per hour All Apprentices $11.38 JOB DESCRIPTION Mason- Building DISTRICT 9 ENTIRE COUNTIES Brerlx, Kings, Nassau, New York, Queens. Richmond, Suffolk. Westchester WAGES Building: 07/01/2008 01/01/2009 Mosaic & Terrazzo Mechanic $41.72 $ 42.14 Mosaic & Terra~-/o Finisher $40.26 $ 40.65 SUPPLEMENTAL BENEFITS Journeyman: $28.26 $ 29.26 9-1Brk OVERTIME PAY See (A. E, Q, VJ 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 per?entage of the Temazzo Mechanic's wage. 1si 2nd 3rd 4th 5th 6th 7th 1- 751- 1501- 2251- 3001'- 3751- 4501- 750 1500 2250 3000 3750 4500 52~0 50% 55% 65% 70% 75% 85% 90% Supplemental benefits per hour paid: (750 hourl terms at the following percentage of Terrazzo Mechanic's benefit. I st 2nd 3rd 4th 5th 6th 7th 1- 751- 1501- 2251- 3001- 3751- 4501- 750 1500 2250 3000 3750 4500 5250 Page 20 8~ 5251- 6000 95% 8th 5251- 6000 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Mar 01 2009 Published by the New York State Department of Labor Suffolk Cou.ty 50% 55% 65% 70% 75% 85% 90% 95% 9-7/3 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 Setters $ 45.32 $ 46.83 Shift Work: 12:01am Monday- 12:00midnight Friday $ 56.65 $ 58.53 12:01am Satu~ay- 12:midnight Saturday $ 67.98 $ 70.24 12:01am'Sunday-~ 12:00midnight Sunday ~ 90.64 $ 93.66 SUPPLEMENTAL BENEFITS Jaumeyman: $ 24A 5 $ 24.65 OVERTIME PAY See lA, E, Q, *V) on OVERTIME PAGE *Applicable to Shift Work ONLY HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 10, 11, 15.16) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per.hour: (750 hr)terms at the following wage rates. Term: 1st 2nd 3rd 4th 5th 6tl~ Hours: 1- 751- 1501~ 2251- 3001- 3751- 750 1500 2250 3000 3750 4500 7th 8th 9th 4501- 5251- 6001: 5250 6000 6750 Wages: $22.73 25.18 29.93 32,26 34.72 39.47 41.82 44.10 45.32 Supplemental Benefits perhour paid: Term: 1st 2nd 3rd 4th 5th 6th 7th 8~ g~ 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 DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour:. 07/01/2008 01/01/2009 Building:Marble Restoratton Marble, Stone. etc & Polisher $ 36.36 $ 36.26 Marble, Stone, etc Finishers $18.91 $18.94 Page21 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Depaffment of Labor Last Published on Mar 01 2009 Suffolk Count~, SUPPLEMENTAL BENEFITS Journeyman: 07/01/2008 01/01/200g Polisher $19.20 $19.80 Finisher ~ 9.50 $10.47 OVERTIME PAY See (A, E, Q, V) on OVERTIME PAGE HOLIDAY Paid: See (*5, 6, 11,151 on HOLIDAY PAGE Overtime: See (5, 6, 11,151 ee HOLIDAY PAGE · Journeymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance and 1 ST throe terms of Apprentices see ( 5, 6, 11, 15 )on HOLIDAY PAGE. Al! 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: 1 st 2nd 3rd 4th Houm: 1- 901- 1801- 2701- 900 1800 2700 3600 70% 80% 90% 100% Finisher: 750 hour terms at the following pementage of Journeyman's wage. Term: I st 2nd 3rd 48' 5th 6th 7th Heem: 1~ 751- 1501- 2251- 3001- 3751- 4501- 750 1500 2250 3000 3750 4500 5250 70% 74% 78°/, 82% 88% 96% 100% Supplemental Benefits: '(per hour worked) Polisher. 07/01/2008 Term wage%of$6.50 plus $12.70 01/01/2009 Term wage % of $6.50 plus $13.30 Finishe~. $ 9.50 $10.47 9-7/24 JOB DESCRIPTION Mason-Building 'DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York. Orange, Putnam, Queens. Richmond. Rocldand. Suffolk. Westchester WAGES Per houri Building: Tile Finisher SUPPLEMENTAL BENEFITS Journeyman OVERTIME PAY See (A, E, Q,) on OVERTIME PAGE HOUDAY 07/01/2008 $ 36.77 $ 20.65 12/01/2008 $ 37.68 $ 21.40 Page 22 Prevailing Wage Rates for 07/01/2008 ~ 06/30/200g Published by the New York State Department of Labor Last Published on Mar 01 2009 Suffolk County Paid: Sou (1) on 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 follewing percentages of journeyman's wage. 1st 2n¢ 3rd 4th 5th 6th 50% 55% 65% 70% 75% 85% Supplemental Benefits: (per hour paid) (750) hour terms at the following percentages of journeyman's wage: Apprentices. 7th 90% 8th 95% 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 / Heavy&Hignway ENTIRE COUNTIES Bronx. Kings, Nassau, New York, Queens. Richmond, Suffolk, Westchester WAGES 07/01/2008 40.75 23.73 Marble-Finishe[ SUPPLEMENTAL BENEFITS Journeyman OVERTIME PAY Sou (C, O, V) on OVERTIME PAGE HOLIDAY Paid: See {*2) on HOLIDAY PAGE Overtime: See {5~ 6, 8, 11, 15, 25) on HOLIDAY PAGE · I/2 Day for Labor Day. REGISTERED APPRENTICES Wages: 750 hour terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5ti1 1- 751- 1501- 2251- 3001- 750 1500 2250 3000 3750 50% 55% 65% 70% 75% Supplemental Benefits: 07/01/2008 Ist-6th terms $13.90 + term wage % of $9.83 ;'th and 8th terms $23.73 01/01/2009 $ 41.30 $ 24.33 6th 7th 8th 3751- 4501- 5251- 4500 5250 6000 85% 90% 95% 01/01/20(~9 $14.50 + term wage % of $9.83 $24.33 DISTRICT 9 9-7/20-MR 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 day bdck pavers, pressed concrete pavers, cobble stone, asphalt pavers. "All Flagging, Granite. Marble and Conrete Slabs 2'x2'or larger see Stone Mason Classification." Page23 Prevailing Wage Rates for 07K)1/2008 - 06/30/2009 Published by the New York State Department of Labm Last Published on Mar 01 2009 Suffolk County 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: 1st 2nd 3rd 4th 5th 500hrs $ 21.76 $ 25.79 $ 29.82 ~ 33.86 $ 37.89 6th 500hm $ 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 WAGES NOTE: Shall include but not limited to Precest concrete slabs (London Walks) Marble and Granite pavers 2~x 2' or larger. Per Hour: 07/01/2008 Stone Setter $ 56.34 Stone Tender $ 35.63 SUPPLEMENTAL BENEFITS Per Hour: Stone SeEer 07/01/2008 $ 22.03 Stone Tender $16.33 OVERTIME PAY See (*C, **E, Q) on OVERTIME PAGE · On weekdays the eighth [8th) and ninth [9th) hours are time and one-half all work thereafter is paid at double the houdy rate. ** The flint seven (7] houm on Saturday is paid at time and one-half ail work thereafter is paid at double the houHy rate. HOLIDAY Paid: See (8, 25) on HOLIDAY PAGE Overtime: See (~, 6) on HOL DAY PAGE REGISTERED APPRENTICES Per Hour: 07/01/2008 Stone Sefter~750 hour) terms at the following wage rate per hour:. 1st 2nd 3rd 4th 5th 6th terrr term term [erm term term $28.34 $32.78 $37.33 $41.87 $46.42 $48.69 Page 24 Prevailing Wage Rates for 07/01/2008 -06/30/2009 Published by the New York State Department of Labor Last Published on Mar 01 2009 Suffolk County Supplemental Benefits for all terms 07/01/2008 $13.86 9-1Stn JOB DESCRIPTION Mason - Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens. Richmon(~. Suffolk WAGES Per Hour:. 07/01/2008 Cement Mason $ 47.50 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Cement Masoll $ 26.80 OVERTIME PAY See (C, O, V) on OVERTIM_E PAGE HOEDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 25} on HOLIDAY PAGE REGISTERED APPRENTICES ( 1 ) year terms atthe following wage rates. 1st -Term $ 23.75 2nd Term $ 28.50 3rd Term $ 33.25 Supplement Benefits per hour paid: Apprentices: 1st te~m $ 20.84 2nd term $ 23.44 3rd term $ 26.02 DISTRICT 9 9-780 JOB DESCRIPTION Mason ~ Heavy&Highway ENTIRE COUNTIES Brom(. Kings, Nassau, New York. Queens. Richmond. Suffolk WAGES Per Hou~ 07/01/2908 (MASON) Pointer. Cleaner & Caulkers 37,39 BISTRICT 9 SUPPLEMENTAL BENEFITS Pointer, Cleaners & Caulkers OVERTIME PAY Sea (B, E2, H) on OVERTIME PAGE HOLIDAY Paid: Overtime: $20.11 See (1) on HOLIDAY PAGE See (5, 6] on HOLIDAY PAGE Page 25 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Mar 01 2009 Suffolk County REGISTERED APPRENTICES Wages: (Per hour) One [1) year terms at the following wage rotes. 1st 2ed 3rc 4th 07/01/2008 $19.61 $ 22.72 $ 27.95 $ 34.38 Apprentices Supplemental Benefits: (per hour paid) 07/01/~008 1st 2nd 3rc 4th $ 2.80 ~ 7.00 $ 9.50 $ 9.50 9-1PCC _ ~ "~" - ------.-- '~--~-....-'" __ _ ,,, _. .. r _~?,.~..~-- JOB DESCRIPTION Operating Engineer- Building DISTRICT 4 ENTIRE COUNTIES Nassau. Suffolk WAGES BUILDING CATEGORIES: CLASS * AA "CRANES: Crane. Truck Crane, Derrick, 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 I10 yds. or more), Milling Machine, Power Winch - Stone Setting/Structural Steel & Truck Mounted, Powerhouse. Road Paver, Scoop-Carryall-Scraper in Tandem. Shovel, Sideboom Tractor. Stone Spreader (self-propelled), Tank Work Tower Crane Engineer. CLASS "B": Backhoe. Boom Truck. Bulldozer, Boring Machine/Auger, Cher~y Picker (under 50 Tons), Conveyor-Multi, Dinkey Locomotive. Fork Llft~ Hoist (2 Drum), Loading Machine & Front Loader. Mulch Machine (Machine Fed), Power Winches (Not Included in Class "A"), Asphalt Roller. Hydraulic Pump with Boring 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 (all), Roller (dM), Ridge Cutter, Vac-AIL. Shothlaster.,Striping Machine, Intedor Hoist, Concrete Finish Machine. ConcreteSpreader, Conveyer, Curing Machine, Hoist (one drum). CLASS "D": Concrete Breaker, Concrete Saw/Cutter, Fork Life or Walk Behind [power operate(J), Generator, Hydra Hammer. Compactors (mechanical or hand operated), Pin Puller, Portable Heaters. Power Booms. Power Buggies, Pump (double actio~ diaphragm). CLASS "E": Batching Plant. Generator. Grinder. Mixer. Mulching Machine, Oiler. Pump (gypsum), Pump (single action diaphragm), Stump Chipaer Track T,~mper. Tractor (caterpiller or wheel), Vibrator. Deckhand on Workboat. 07/01/2008 Class "AA' '$ 52.28 Cranes: Boom length over 100 feet add $1.00 per hour ' 150" "$1.50"" "250" "$2.00" ' · 350" ' $3.00"" Class "A" *Add $3.50 for Hazardous W~ste Work $ 46.04' Class "B" dd $2.50 for Hazardous Waste Work 43.65* Class "C" *Add $1.50 for Hazardous Waste Work $ 42.06* Page 26 Prevailing Wage Rates for 07J01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Mar 01 2009 Suffolk County Class "D" $ 38.85 Class "E" $ 37.24 SUPPLEMENTAL BENEFITS Per Hour: 07101/2008 ALL CLASSES $ 28.29 NOTE: Overtime Rate $ 23.05 OVERTIME PAY See ID, O) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 8, 9, 15. 25) on HOLIDAY PAGE Overtime: See (5, 6, 8, 9, 15.25} on HOLIDAY PAGE "NOTE": Employee must be employed day before and day after a holiday to receive holiday pay. REGISTERED APPRENTICES One(l) Year Terms at the following Rate: 07101/2008 1st Term $ 20.84 2nd Term 21.67 3rdTerm 22.33 Supplemental Benefits per hour APPRENTICES $15.89 Note: OVERTIME AMOUNT 5.85 4-138 JOB DESCRIPTION Operating En§ineer- Building / Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008~ 08/01/2008 07/31/2008 DISTRICT 4 Well Driller $ 29.00 $ 29.00 + $1.16 Well Ddller Helper 25.52 25.52 + $1.03 Hazardous Waste Differential Added to Hou,ffy Wage: Level A $ 3.00 $ 3.00 Level B 2.00 2.00 Level C 1.00 1.00 Monitoring Well Work AzJd to Hourly Wage: Level A $ 3.00 $ 3.00 Level B 2.00 2.00 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008- 07/31/2008 08/01/2008 Well Ddller $10% of straight 10% of straight time Page 27 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Mar 01 2009 Suffolk Couh~y Well Driler Helper time rate plus $9.55 rate plus $ 9.5~5 Additional $ 2.88 for Premium Time (NOTE) Additional $2.25 for Premium '~me OVERTIME PAY See lB, E, G, P1 on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 16, 23) on HOLIDAY PAGE Overtime: See (5, 6, 16, 23} on HOLIDAY PAGE 4-138well JOB DESCRIPTION Operating Engineer- Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES HEAVY/HiGHWAY CATEGORIES: CLASS "AA" CRANES: Crane Truck Crane, Derdck. Dragline, Dredge, Crawler Crane, Tower Crane. Pile Driver. LASS A: Asphalt Spreader, Backhoe Crawler, Boiler Chen'ypicker (over 50 tons), Concrete Pump, Grader, Gradall, Hoist Loading Machine 10 yds. or more), Milling Machine, Power Winch-Stone Setting/Structural Steel or Truck Mounted. Powerhouse. Road Paver. Scoop-CarryalI-Scaper in Tandem, Shovel, Sideboom Tractor, Stone Spreader [self propelled); Tank Work. Track Alignment Machine. CLASS "B": Backhoe. Boom Truck, Bulldozer, Boring Machine/Auger, Chert7 Picker (under 50 tons), Conveyor-Multi, Dinky Locomotive, Fork Lift. Hoist (2 drum) Loadiog Machine & Front Loader, Mulch Machine (machine ~ed), Power Winches lall o~hers not included in CLASS A), Asphalt Rctier. Hydraulic Pump wi~h Boring Machine, Scoop, Carryall, Scaper, Maintenance Man on Tower Crane, Trenching Machine, Vermeer Cutter, Work Boat CLASS "C": Curb Machine, Maintenance Ehgineer (Small Equip. & Well Point), Field Mechanic, Milling Machine (Small), Pulvi~Mixer, Pumps, Roller (Dirt) Vac-AII Weldin~Burn rig, Compressor (Structural Steel & 2 or more Batteries), Concrete Finish Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (One Dram), Ridge Cutter, Striping Machine, Welding Machine (Structural Steel & Pile Work). CLASS "D": Compressor (Pile,Crane,Stone Setting), Concrete Saw Cutter/Breaker, Work Lift (Walk Behind,Power Operated), Generator (Pile Work),Hydra 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, Gdnder, M xer, Mulching Machine, Oiler. Pump (Centrifugal up to 3 In.), Root Cu~ter, Stump Chipper, Oiler 'oh Tower Crane. Track Tamper, Tractor, Vibrator, Deckhand on Work Boat. 07/0f/2008 Class "AA" $ 53.56 Cranes: Boom Length over 100 feet add $1.00 per hour "150" · $I.50 ·" "250" ' $2.00"" "350' "$3.00"" Class "A" 'Add $3.50 for Hazardous Waste Work. $ 47.31' Class 'B" *AdC $2.50 for Hazardous Waste Work. 44.14' Class *Add $1.50 for Hazardous Waste Work $ 42.54' Class "D' $ 39.33 Class "E" $ 37.74 Page 28 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Mar 01 2009 Published by the New York State Department of Labor SuffOlk County 'NOTE": PREMIUM PAY of 25% on straight time houm for NEW YORK STATE- D.O.T. and other GOVERNMENTAL MANDATED off-shift work. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 $ 27.39 $ 23.05 ALL CLASSES Note: OVERTIME AMOUNT 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) on HOLIDAY PAGE "NOTE": Employee must be employed day before and day after a holiday to receive holiday pay. REGISTERED APPRENTICES One(l) Year Terms at the following Rate: 1 st Term $ 20.84 2nd Term 21.67 3rd Term 22.33 APPRENTICES $15.89 Note: OVERTIME AMOUNT 5.85 4-138 JOB DESCRIPTION Operating Engineer- Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Party Ch~f- One who directs a survey party Instrument Man - One who runs the instrument and assists Party Chief Rodman ~ One who holds tne rod and in general, assists the survey par(y Categmies cover GPS & Under Ground Surveying Per Hour. Heavy Highway/Building Party Chief Instrument Man Rodrnan Steel Erection 07~1/2008 $ 49.11 + $3.4t/Hr 37.01 + $2.83/Hr 32.63 · $2.62/Hr Parb/Chief $51.03 + $2.63 Instrument Man 40.30 + $2.25 Rodman 27.86 + $1.80 SUPPLEMENTAL BENEFITS Per Hour:. 07/01/'2008 Heavy Highway/Building $ 21.64 Steel Ere~;tion $ 22.58 OVERTIME PAY See (B, *E, Q) on OVERTIME PAGE · Doubts~me paid on the 9~ hoer 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 Page 29 Prevailing Wage Rates for 07/01/2008 - 06~30/2009 Publish~l by the New Yon~ State Department of Labor Last Published on Mar 01 2009 Suffolk County 4~15Dq',[/S co. JOB DESCRIPTION Operating Engineer - Marine Construction DISTR CT 4 ENTIRE COUNTIES DAlubany, AIl_eg. any~ Bronx, B .ro~..me, Cattaraugus, Cayuga, Chautauqua, Chemuog, Chenange, Clinton, Columbia Coraand Delaware, tchess Erie t:ssex, Fmnld~n. Fulton, Genesee. Greene, Hamilton Herkimer, Jefferson, KJogs, Lewis, L v ngaton, Madison, Monroe, Mo~tgomelT, Nassau, New York,'Niagam, Oneida, Onondaga, Ontado, Orange, Orleans, Oswego, Otsego, Putnam Queens, Rensselaer, Richmond,Rockland Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, steuben, Suffolk Sullivan, Toga, Tomeklns U ster 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 Dradgeman 32.09 $ 32.89 CLASS B Spider/Spill Barge Operator, $27.94 $ 28.49 Tug Operator(overl000hp), 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 Basle Operator, $ 25,49 $ 26.14 Steward, Mate, Assistant Fill Placer, Wel~ler (please add) $ 0.51 $ 0.06 Boat Operator $ 24.79 $ 25.29 CLASS O Shoreman, Deckhand, $ 20.64 $ 21.09 Rodman, Scowman, Cook. Messman, Porter/Janitor Oiler(please a~ld) $ 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 straighl 7% of straight time wage time wage (overtime hours add) $ 0.63 $ 0.63 Class C $ 7.50 plus $ 7.75 plus 7% of straight 7% of straight time wage time wage (overtime hours add) $ 0.48 $ 0.48 Page 30 Prevailing Wage Rates for 07/01/2008.06/30/2009 Last Published on Mar [)1 2009 All Class D $ 7.20 plus 7% of straight time wage $ 0.23 Published by the New York State Depadment of Labor Suffolk County $ 7.45 plus 7% of straight time wage $ 0.23 (overtime houm add) OVERTIME PAY See (B, F, R) on OVERTIME PAGE HOLIDAY Paid: See (1)on HOLIDAY PAGE Ove~me: See (5, 6, 8, 15, 26) on HOLIDAY PAGE 4-25a-Ma~Consl JOB DESCRIPTION Operating Engineer- Trenchless Pipe Rehab DISTRICT 4 ENTIRE COUNTIES Albany, Ailegany, Bronx, Broome, Caffaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware .D. utc~ess, Ede, Essex, Franld[n, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe Mon[,gomery~ Nassau, New York, Niagara, Oneida, Onondaga, Ontado, Orange, Odeans, Oswego, Otsego, Putnam, Queens, Rensselaer.' Richmond, h[ockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca. St. Lawrence, Steuben. Suffolk, Sullivan. Tioga, Tompkins. Ulster, Warren, Washington, Wayne, Westchester. Wyoming, Yatas WAGES Per Hour: 07/01/2008 DSET/DSSET Operator $ 31.50 - Robotic Unit Operator DDCC Injection Operator 31.50 Technician/Equipment Operator 27.00 AM LinedHydra Seal Installer 27.00 Hobas Pipe, Polyethyene Pipe or Pull and Inflate Liner Inst. 27.00 SUPPLEMENTAL BENEFITS Per Hour Worked All Classifacafions $11.34 OVERTIME PAY See (B, H) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE REGISTERED APPRENTICES At One Year Te[ms (Per Hour) First Year $16.00 Second Year 16.75 Third Year 17.25 Fourth Year 18.00 Supplemental Benifit (Per Hear Worked) Ail Terms $11.34 4-138TrchPReh JOB DESCRIPTION Painter DISTRICT 9 Page 31 Prevailing Wage Rates for 07/01/2008 - 66/30~009 Published by the New York S~ate Depadment of Labor Last Published on Mar 01 2009 Suffolk County ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westche~ter WAGES (Per hour) 07/01/2008 Brush $ 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 others 20.94 OVERTIME PAY See (A, HI on OVERTIME 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. (per hour) Appr 'lst term... ~ 13.25 Appr 2nd term... 17.50 Appr 3rd term.. 21.00 Appr 4th term... 28.00 Sppiemental benefls: (per Hour worked) Appr 1st term... $ 9.82 Appr 2nd term... 12.32 Appr 3rd term... 14.74 Appr 4th term... 19.42 9-NYDC9-~S JOB DESCRIPTION Painter ENTIRE COUNTIES Nassau. Suffolk WAGES Per hour. 07/01/2008 Drywall Tap~r $ 35~00 SUPPLEMENTAL BENEFITS Per hour worked: 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 DISTRICT 9 1st Year $13.25 2nd Year 17.50 Page 32 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Mar 01 2009 Published by the New York State Depa~ffment of Labor Suffolk County 3rd Year 21.00 4th Year 28.00 Suppemental Benefits: (per Hour) 1st year $ 9.82 2nd Year 12.32 3rd year 14.74 4th year 19.42 9-NYDCTg-DWT JOB DESCRIPTION Painter- Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau. Suffolk WAGES Per Hour; 07/01/2008- 09/30/2008 10101/2008 Structural SteeJ $ 44.00 $ 45.25 Bridge Painting 44.00 - 45.25 Power Too~/Compressor 50.00 51.25 "NOTE" Bridge Painting Contracts. ALL WORKERS on and off the bddge(idcluding flagmen) are to be paid Painting Rate. The Contract must be ONLY for Bddge Painting. 07/01/2008- 10/01/08 09/30/2008 $ 27,66 $ 28.31 SUPPLEMENTAL BENEFITS Per Hour; Painters/ AJI Classifications 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 Te~m 60% 3rd Term 80% Supplemental Benefits per hour:. Apprentice(s) 1st Term 2nd Term 3rd Term 27.66 $ 28.31 27.66 28.31 27.66 28.31 4-DC9/NS-BrSS JOB DESCRIPTION Painter- Line Striping ' DISTRICT 9 ENTIRE COUNTIES ' AJbany, Bronx, Clinton, Columbia, (~utchess, Essex, Franklin, Fulton, Greene, Hamilton, Kings, Mont ome Nassau New Y Putnam,Queans, Rensselaer Richmond Rockland Sara~,',,,= ~h~nc~-f~,R ......... ,~. ~Y , ork, Orange, Westchester .... =u, ......... y, oc~onane, ~urroiK. SUllivan. Ulster, Warren, Washington WAGES Per hour; Page 33 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Mar 01 2009 Suffolk County Painter (S~ping-Highway): 07/01/2008 Striping-~Machine Operator' $ 25.53 Linerman Thermoplastic $ 30.79 Note: * Includes but is not limited to: Positioning of cones an¢ directing of traffic using hand held devices.'Excludes the Driver/Operator oi 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 lB, 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 9-8A/28A-LS JOB DESCRIPTION Painter- Metal Polisher DISTRICT 9 ENTIRE COUNTIES AJbany, Allegany, Bronx, Brcome, Cattaraogus, Cayuga, Chautauqua, Chemung, Chenaogo, C~inton, Columbia, Cortland, Delaware, Dutchess Erie Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens Rensselaer Richmond,Rocldand Saratoga, Schenectady, Schohade, Schuyler, Seneca, St. Lawrence. Steuben, Suffolk, Sullivan. Tioga, Torn'pkins, U ster, Warren Washington, Wayne. Westchester, Wyoming, Yates WAGES 07/01/2008 Metal Polisher $ 23.10' 'Note: All workers shall be paid an additional premium in an amount equal to twenty (20%) percent of their basic straigat time rate of pay for all time worked on hanging scaffolds and On standing scaffolds while working more than 34 feet off the ground. Such premium are to be paid on top of their stmtght 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 (Bi E, Q, T) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 11, 15. 16, 25, 26) on HOLIDAY PAGE OvertJree: See (5, 6, 9, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES 55% of Basic Polisher Rate 9-8N28A-MP JOB DESCRIPTION Plasterer DISTRICT 9 ENTIRE COUNTIES Kings, Nassau, Queens. Suffolk PARTIAL COUNTIES New York: Includes work in all Islands in New York City, except Manhattan. WAGES Per hour. 07/01/2008 Building: PlasterorfTraditionai $ 35.53 SUPPLEMENTAL BENEFITS Per hour worked: Journeyman $ 21.80 Page 34 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published ~y the New Yo~k State Department o[ Labor Last Published on Mar 01 2009 Sulfolk County 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 HOLIDAY PAGE REGISTERED APPRENTICES Wages: (per hour) ( 1 ) year terms at the following % journeyman's wage rate. First year: 1 st 6 months 2nd 6 months 40% 45% Second yea~ 1st 6 months 2nd 6 months 55% 60% Third yea~. I st 6 months 2nd 6 months 70% 75% Supplemental Benefits: (per hour paid): (1) year term broken down into six month periods: 1 st year. 1st six months $ 8.37 2od six months 9.35 3rd six months 'kl.35 4th six months 12.33 5th six months 14.33 6ff~ six months 15.33 9-530-Z: JOB DESCRIPTION Plumber ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour. 07/01/2008- 10/31/2008 11/01/2008 DISTRICT 4 Plumber $ 46.98 $ 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 Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at the following Dercontage of Plumbers Rate: 1st Term 2nd Term 3rd Term 3O% 40% 5O% 4th Term 60% 5th Term 70% Page35 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Depadment of Labor Last Published on Mar 01 2009 Suffolk Cou,,ly Supplemental Bener~ per hour: 07/01/2008- 10/31/2008 11/01/2008 1st Term $12.89 $12.89 2nd Term 15.14 15.14 3rd Term 16.78 16.78 4th Term 17.78 17.78 5th Term 18.78 19.28 4-200 JOB DESCRIPTION Plumber DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES 07/01/2008- 05/01/2009 04/31/2009 Plumber MAINTENANCE ONLY $26.73 28.07 (NOTE) Maintenance: Correction of problem(s)wffh the existing f~uro or group of fixtures, preventive repairs or servicing of said t'~tures. 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 {11 on HOLIDAY PAGE Overtime: See15, 6, 15, 16) on HOLIDAY PAGE REGISTERED APPRENTICES One(11 Year Terms, WAGES Per Hour as Follows: $9.40 07/01/2008- 05/01/2009 04/31/2009 1st term $13.61 $14.29 2nd term $14.65 $15.38 3rd [erm $15.74 $16.53 4th term $16.88 $17.72 5th term $18.06 $18.96 SUPPLEMENTS PER HOUR 1st term $7.55 $7.90 2nd term $7.55 $7.90 3rd term $7.55 $7.90 4th term $7.55 $7.90 5th term $7.55 $7.90 4-200 Maintence Page 36 ~Pmvailing Wage Rates ~r 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Mar 01 2009 Suffolk Count~ JOB DESCRIPTION Plumber ENTIRE COUNTIES Nassau. Suffolk WAGES Per Hour: 07/01/2008 Plumber/ PUMP & TANK $ 42.24 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Plumber $18.57 DISTRICT 4 OVERTIME PAY See (S, N, V) on OVERTIME PAGE (V) Sunday & Holidays Only HOEDAY Paid: See (1) on HOLIDAY PAGE Over~ime: See (5, 6, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at the Following Wage Per Hour: 07/01/2008 1st Term $ 9.77 2nd Term 15.37 3rd Term 20.96 4th Term 26.80 Supplemental Benefits per hour: 1st Term $ 8.39 2nd Term 8.89 3rd Term 9.39 4th Term 9.64 4-200 Pump & Tank JOB DESCRIPTION Roofer ENTIRE COUNTIES Nassau, Suffolk WAGES Rate Per Flour Roofer/Waterproofer 07/01/2008- 09/30/2008 $ 37.75 10/01/2008 addl. $2:50 DISTRICT SUPPLEMENTAL BENEFITS Per Hour: R~fer/Waterproofer 07/01/2008- 09/30/2008 $ 22.62 10/01/2008 22.62 Page 37 Prevailing Wage Rates for 07/01/2008 ~ 06/30/2009 Publishe~ by the New Yor~ State Deparlment of Labor Last Published on Mar 01 2009 Sufthlk County OVERTIME PAY Per Hour: NEW ROOF SEE IB,E;Q) RE-ROOF SEE (8,E;E2,Q) HOLIDAY Paid: See [1) on HOLIDAY PAGE Overtime: See (5, 6, 13. 16. 251 on HOLIDAY PAGE REGISTERED APPRENTICES (1} Year terms at the following pecentage of Roofers/Waterproofers Wage 1 ~t 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 SheetmetaiWorker DISTRICT g ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens Richmond, Rockland Suffolk, Westchester WAGES Per Hour: 07101/2008- 07/16/2008 07115/2008 SIGN ERECTOR $36.80 $38.25 'NOTE: Oved~ead 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 HOLIDAY · Paid:. See (5, 6, 11.12, 16, 25) on HQMDAY 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 ~he following ram(s): 1 st 2nd 3rd 35% 40% 45% 4th 5th 50% 55% 6tfl 7th 8th' gth 10th 60% 65% 70% 75% 89% Supplemental Sene~its per hou[ paid: Half (1/2) year terms at the following dollar amount 07/01/2008- 07/16/2008 07/15/2008 Page 38 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Mar 01 2009 Published by the New York State Department of Labor Suffolk County 1st $6.77 $7.21 2nd $7.67 $8,17 3rd $8.58 $9.14 4th $9.47 $10.10 5th $12.79 $13.58 6th $14.66 $15.41 7th $15.84 $16.65 8th $17.04 $17.92 9th $18.65 $19.59 10th $20.19 $21.19 9-137-SF JOB DESCRIPTION SheetmetalWorker DISTRICT 4 ENTIRE COUNTIES Bronx, K ngs, Nassau, New York, Queens. Richmond Suffolk WAGES Per Hour: 07/01/2008- 08/01/2008~ 07/31/2008 01/31/2009 Sheetmetal Worker $ 43.69 $ 45.44 02/01/2009 $ 46.44 For Tempora~ Operation or Maintenance of Fans is 80% of Above Wage Rate, SUPPLEMENTAL BENEFITS Per Hour:. 07/01/2008- 07131/2008 Sheetmetal Worker $ 35.26 08/01/2008- 02/01/2009 01/31/2009 $ 35.26 $ 36.01 OVERTIME PAY See (A. OD on OVERTIME PAGE For Fan Maintenance See Codes B & O HOLIDAY Paid: 'See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11.15. 16. 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Per Hour. (1/2) Year Terms at the following percentage of journeyman's houdy wage: 1st 2nd 3rd 30% 35% 40% 4th 45% 5th 6th 7th 8th 50% 55% 60% 70% Supplemental Benefits per hour: 1st Term $14.41 2nd Term 16.25 3rd Term 17.84 4th Term 19.44 5th Term 21.01 6th Term 22.48 7th Term 24.41 8th Term 28.19 4-28 Page 39 Prevailing Wage Rates for 07~)1/2008 - 06/30/2009 Published, by lhe New Ydrk State Department of Labor Last Published on Mar 01 2009 __ Suffolk Co~n~_ JOB DESCRIPTION Steamfitter DISTRICT 9 ENTIRE COUNTIES Bronx. Kings, Nassau, New York. Queens, R~mcod. Suffolk WAGES- Per Hour: 07/01/2008 Steamfitter/Maintance $ 32.45 Refrigeration, A/C. Oil Burner and Stoker Service and Instailaticos, limited on Refrigeration to cembinee compressors up to five (5) horsepower. and on ,~JC Heating and Air Cooling to combined compressors up to ten (10) homepower. SUPPLEMENTAL BENEFITS Per ~lour 07/01/2008 Steamfltter/Maintance $ 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 P,~GE. Overtime:.... * ( 2, 6, 9, 15, 17 ) · ' ( 10, 11.26, Memorial Day ) 9-638B-StmFtrRef JOB DESCRIPTION Steamfitter ENTIRE COUNTIES Bronx, Kings, Nassau, New York. Queens, Richmond. Suffolk WAGES Per Hour 07/01/2008 Steam Fitter $ 45.67 Sprinkler Fitter 45.67 For Work on Temporary Heal & Air Conditioning 34.32 SUPPLEMENTAL BENEFITS Per Hour Steamfitter $ 39.88 Sprinkler Fitter 39.88 DISTRICT 9 (For Work on Temporary Heat & Air conditioning). $ 29.02 OVERTIME PAY See lC, *D, O, V] on OVERTIME PAGE (*D) ON ALL HVAC AND MECHANICAL CONTRACTS THAT DO NOT EXCEED $15,000.000.00 and ON ALL FIRE PROTECTION/SPRINKLER CONTRACTS THAT DO NOT EXCEED $1,500.00.00 HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16.25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour worked: ( 1 ) year terms at the following percentage of Journeyman's Page 40 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on Mar 01 2009 Published by the New York State Department of Labor Suffolk Cou,,ty wage. Apprentices: I si 40% Suppelmental Benefits: (1) year term at the following dollar amounts: Apprentices: 07/01/2007 2nd 50% 3rd 65% 4th 80% 5th 85% 1st 2nd 3rd 4th 5th $15.79 $19.53 $25,15 $30.75 $32.63 9-638A-StmSpFtr JOB DESCRIPTION Survey Crew Consulting DISTRICT 9 ENTIRE COUNTIES Bronx. Kings, Nassau, New York. Putnam, Queens. Richmond. Suffolk. Westchester PARTIAL COUNTIES Dutchess: Only the portion south of the norm city line in Poughkeepsie. WAGES Feasibility and preliminary design surveying, ne and grade surveying for inspection or supervision of construction when per[ormed under a Consulting Engineer agreement. Categories cover GPS & underground surveying. WAGES: (per hour) 0710112007 Survey Rates: Party Chief. .... $ 29.82 Instrument Man. $ 25.01 Rodman .......... $ 21.95 SUPPLEMENTAL BENEFITS (per hour paid) Journeyman ...... $11.70 OVERTIME PAY OVERTIME:.... See ( B, E*, Q, V J ON OVERTIME PAGE *Doubletime 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. 9-15dconsult JOB DESCRIPTION Teamster-Building/Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Bronx. Kings, Nassau, New York, Queens, Richmond. Suffolk WAGES Per Hour: 07/01/2008 Truck Ddver, Chauffeur Trailers $ 26.33 Straight Jobs 26.03 SUPPLEMENTAL BENEFITS Per Hour:. 07/01/2008 AJI Classifications OVERTIME PAY See (B, L, S. S1) on OVERTIME PAGE $19,20 Page 41 Prevail~g Wage Rates for 07/01/2008 ~ 06/30/2009 Published by the New York State Department of Labor Last Published on Mar 01 2009 Suffolk County 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 DESCRIPTION Teamster ~ Delivery of Asphalt & Concrete DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour. 07/01/2008 'TRUCK DRIVER" Asphalt Delivery $ 32.885 Concrete Delivery 32.885 ADDITIONS Per Day: Three(3] Pode Tractors and Trailers: $10.00 Heavy Equipment and Tag-Along Trailers: 10.00 Boom Track Drivers: 8.00 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 "TRUCK DRIVER" Pal C~assiflcations $ 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 Tdple ~f Worked. 4-282ns JOB DESCRIPTION Welder DISTRICT 1 ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango; Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond,Rockland, Saratoga, Schenectady. Schoharie Schuyler, Seneca, St. Lawrence Steuben, Suffolk. Sullivan. Tioga, Tompkins. Ulster, Warren, Washington, Wayne. Westchester, Wyoming, Yates WAGES Per hour 07/01/2008 Welder (To be paid the same rate of the mechanic performing the work OVERTIME PAY HOLIDAY 1-As Per Trade Page 42 Prevailing Wage Rates Ior 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Mar 01 2009 Suffolk County Suffolk County Residential JOB DESCRIPTION Carpenter- Residential ENTIRE COUNTIES Nassau. Suffolk WAGES Per Hour: Carpenter/ Residential Only SUPPLEMENTAL BENEFITS Per Hour:. 07/01/2008 $ 32.63 DISTRICT Carpenter/ $14.53 Residential Only 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 Wages per hour: One(;I) Year Terms at the Foflowing HouHy Rate(s) I st Yr $13.05 2r~ Yr 17.95 3rd Yr 21.21 4th Yr 24.47 Supplemental Benefits per hour: Apprentice(s) $14.53 4-Reg Council Nass/Suff-r JOB DESCRIPTION El(~trician - Residential ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008 Electrcian/ Residential Wireman :~ 23.90 "PLEASE NOTE" Shall apply to wiring of all Single or Multiple Family Dwellings and Apartment Buildings up to (3) stodes. SUPPLEMENTAL BENEFITS Per Hour. 07/01/2008 ElecifiCian 12% of Hourly Wage Paid + $ 8.21 DISTRICT 4 NOTE: "Houdy Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, E2) on OVERTIME PAGE Page 43 Prevailing Wage Ra~es for 07/01/2008 - 06/30/2009 Last Published on Mar 01 2009 Published by the New York State Department of Labo~ Suffolk County HOLIDAY Paid: See (1)on HOLIDAY PAGE Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour: One(l) Year Term(s) at the Following Pecentage of Journeyman(s) Wage: I st Y r 2nd Yr 3rd Yr 4th Yr 50% 60% 70o/~ 80% Supplemental Benefits Der hour: Apprentice(s) ALL TERMS 3% of Houdy Wage Paid $ 5.90 NOTE: "HouHy Wage Paid" shall include any and all premium(s) pay 4-25resd JOB DESCRIPT ON Plumber- Residential DISTRICT 4 ENTIRE COUNTIES Nassau. Suffolk WAGES Per Hour: 07/01/2008- 05/01/2009 04/31/2009 PLUMBER RESIDENTIAL ONLY $26.73 28.07 (NOTE) Only to be used for One, Two or Multiple Family Dwellir~gs Two Floom or less and no Communal Kitchens or Medical Facilities. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008- 05/01/2009 04/31/2009 PLUMBER RESIDENTIAL ONLY $9.00 $9.40 OVERTIME PAY See IB, J) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16) on HOLIDAY PAGE REGISTERED APPRENTICES One(l] Year Terms, WAGES Per Hour as follows: 07/01/2008- 05/01/2009 04/31/2009 lstterm $13.61 $14.29 2nd~rm $14.65 $15.38 Page 44 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Mar 01 2009 Suffolk Co,~, 3rd Term $15.74 $16.53 4th term $16.88 $17.72 5th term $18.06 $19.96 SUPPLEMENTS PER HOUR 1st term $7.5~ $7.90 2nd term $7.55 $7.90 3rd term $7.55 $7.90 4th term $7.55 $7.90 5th term $7.55 $7.90 4-PLUM200RT Page 45 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on Mar 01 2009 Overtime Codes Following ~s an eXplanation of the code(s) listed n the OVERT ME section of each classification contained in the attached schedule. AddiUonal requi?ments may also be listed in the HOLIDAY section (A) (AA) (B1) (B2) (C) (C1) (D) (D1) (El) (E3) (E2) (E4) (F} (G) (H) (I) (J) (K) (L} (N) (O) (P) (Q) (R) (S) (Sl) (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 per day Time and one haft of the houdy rate after 8 hours per eay Time and one half of the houdy rate for the 9th & 10th hours week days and the 1st 8 hours un Saturday. Double the houdy rate for all additional hours Time and one half of the houny rate after 40 hours per week Double the houny rate after 7 hours Der eay Double the hourly rate after 7 and one half hours per ~3ay Double the houdy rate after 8 hours per day Double the houdy rate after 9 hours per Oay Time and one half of the houdy rate on Saturday Time and one half 1st4 hours on Saturday Double the houdy rate all additional Saturday hours Between November I st 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 inciemen[ 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 hme when a day is fost during that week due to inclemem weather Saturday and Sunday may be used as a make-up day at straight time when a eay is'test during that week due to inclement weathat Time and one half of the houdy tare on Saturday and Sunday Time and one half of the houdy rate on Saturday and Holidays Time and one half of the hourly rate on Saturday, Sunday, and Holidays Time and one half of ~he houdy rate on Sunday Time and one half (~f the hourly rate on Sunday and Holidays Time and one half bf the houny rate on Holidays Double the hourly rate on Saturday Double the houdy rate on Saturday and Sunday Double the houdy rate on Saturday and Holidays Double the houny rate on Saturday, Sunday. and Holidays Double the hourly rate on Sunday Double the hourly rate on Sunday and Holidays Double the ho~dy rath on Holidays Two and une half times the hourly rate for Holidays, i/worked Two ancl one half times the hourly rate the first 8 hours on Sunday or Holidays One and one half times the hourly rate all additional hours Tdple the hourly rate for Holidays, if worked Page 46 Prevailing Wage Rates for O7/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Pub[ished on Mar 01 2009 ( U ) Four times the hourly rote for Ho{idays, if worked ( V ) Including benefits at SAME PREMIUM as shown for overtime ( W ) Time and one half for benefits on all overtime hours. NOTE:BENEFITS am PER HOUR WORKED,for each hour worked, un~ess otherwise noted Page 47 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor East Published on Mar D1 2009 Holiday Codes PAID Holidays: Paid Holidays are days for which an e g ble employee receives a regular oay's pay, but s not r uired to erform work. ~VeOdrkSor~O~d~ day listed as a paid holiday, this remuneration is in addition to Pa. ymentof the requi~e?~ prevail?ng rate for the Ifw~l~kea~:D~l~,e OVERTIME Holiday Pay: Overtime holiday pay is the premium pay that is ra.(]uired for work performed on specified holidays It is on re uir actual{y per[orms ~ork on such holidays. The apphcable holidavs are listed under J-ICtl ir~,vo./~['; ....... Y~-?q ed ?hera the employee these covered hohdays can be found in the OVi~RTIME PAY s~'c{i~ listin~-s'~r'~;~c~t~o~.~m''r~' .ne required rate of pay for Following is an explanation of the code(s) I sted in the HOLIDAY section of each classification cantained in the attached schedule. The Holidays as listed be ow are to be paid at the wage rates at which the employee is normally classified. ( 1 ) None ( 2 ) Labor Day ( 3 ) Memorial Day and Labor Day ( 4 ) Memodal Day and July 4th ( 5 ) Memorial Day, July 4th, and Labor Day ( 6 ) New Year's, Thanksgiving, and Christmas ( 7 ) Lincoln's Birthday, Washington's Birthday. and Veterans Day ( 8 ) Good Friday ( 9 ) Lincaln's ~irthday ( 10 ) Washington's Birthday ( 11 ) Columbus Day (12) Election Day ( 13 ) Presidential Election Day ( 14 ) 1/2 Day on Presidential Election Day ( 15 ) Veterans Day ( 16 ) Day after Thanksgiving ( 17 ) July 4th ( 18 ) 1/2 Day 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 Page 48 PAYROLL CERTIFICATION FORM I (Name of Signatory Party} do hereby state: 1. That I pay or supervise the payment of the persons employed by on the (Project or Work) on the day of ,20 __, and ending the (Title) (Contractor or Suba~ontractor) that during the payroll period commencing day of ,20 ~, all persons employed on said project have been paid the full weekly wates earned {except as nol~i Column 10 - Fron(of Form), that no rebates have been or will be made either directly or indirectly to or on behalf of said contractor, from the full weekly wages earned by any person and that (Name of Signatory Par~) no deductions have been made either directly or indirectly from the full wages earned by any person other than permissible deductions as defined by Regulation issued by the New York State Depaatment of Labor. If any wages unpaid, as reported in Column 10 on the front of this form, explain below:. 2. That any payrolls otherwise'under this contraci required to be submitted for.the above period are correct and complete; that the wage rates for laborers, mechanic, iourneymen` skilled and semi-~killed laborer and apprentices contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contrac~ that the classifications set folth therein for each laborer, mechanic, journeyman, skilled and semi-skilled laborer and apprentice conform with work he performed. 3. That any apprentices employed in the above period'are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the New York Bureau of Apprenticeship and Training, Department of Labor and Industry. 4. That:. (a). I4?HERE FRINGE BENEFITS ARE PAID TO APPROVED PI~aNIS, FUNDS OR PROGRAIVIS In addition to the basic hourly w~ge rates paid to each laborer, mechanic, journeyman, skilled and simi-skilled laborer and [] ap~rentice~istodintheab~vereferenced~ayrni~payments~ffringebene~sas~istedinthec~ntracthave been or will be made to appropriate programs for the benefit of such employee, except as noted in Section 4 {c] below. (b}. I~VERE FRINGE BENEFITS ARE PAID IN CASH Each laborer, mechanic, journeyman, skilled and simi-skilled laborer and apprentice listed in the above referenced [] payroll has been paid, as indicated on the payrnil, an amount not less than the sum 0f tha applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as notedin Seciion 4 (c) below. (c). EXCEPTIONS SIGNATURE NAME and TITLE [ SIGNATURE The willful falsification of any of the above statements may subject the contractor or sub-contractor to civil or criminal prosecution. (NOTARY & SEAL) rms OF BASKETBALL COURT RECONSTRUCTION & RESTORATION I-1 PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS (for Contractor and S~b-Contractor's use for Weekly and Final Certification) NAME OF [~ CONTRACTOR, OR ['~ SUB-CONTRACTOR: ADDRESS OF CONTRACTOR OR SUB-CONTRACTOI~ DATE WAGE DUE & PAID: Telephone No, WeekEnding or Final Certd¢i,-~: .... ProjectName &Location: Fr~vatlingWageSerialNumbe~. AgencyProjeetNumbev. 1. ~ 3. N 4. Day & Date ~ ~ 5. 6. 7. 8. Name, Addressand ~ .~o ~ S M.T Wi TIFFS DEDUCTIONS 9. 10. · o ~ Work o TOTAL RATE GROSS NET Social Security Number ~ .~ ~ [ 14rrrH. TOTAL WAGE AMOUNrI Classtfica[~on ~.~ ' HOURS OF AMOUb/ PAID FOR UNPAID of Employee ~ ~ "~ C) HOURS WORKED EACH DAY PAY ~llNE]~ F I C A HOLDINC STATI DEDUC- WEEK TAX TIONS O S O S O S O S O S O S O , S O S O S NEW YORK STATE DEPARTMENT OF LABOR. PREVAILING WAGE DIVISION Z © Aq COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: 1. The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination 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 bythe Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of 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~facllities ara 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 their servlcas atany 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 facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and' other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 whioh are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): BASLETBALL COURT RECONSTRUCTION & RESTORATION M-1 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIE~ A certification of Non-segregated Facilities must be submitted prior to the sward Of a subcontract exceeding $10,000 - which is not exempt from the provisions ofthe Equal Opportunity clause. The certification may be submitted either for each Subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but notbe limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; 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. (2) The cOntractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will' receive consideration for employment without regard to race, creea, co. ior, or national origin. (3) The contractor will sendto each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination 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 contractor may be declared ineligible for further Govemment contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or orde¢ of the Secretary of Labor, or as otherwise provided by law. BASLETBALL COURT RECONSTRUCTION & RESTORATION M-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12,805.4 Reports a.nd Other Required Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) 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 subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or firat-fiersubcontractor; 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 performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (I)~ (2) Each person raquirad by subparagraph (1) of this paragraph to submit reports shall file such a roporf with the contracting or administering agencywithln 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the 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 limits, such information as the Direqtor, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the 'agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it'occurs. BASLETBALL COURT RECONSTRUCTION & RESTORATION M-3 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors, (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset or; negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due-under the applicable filing requirements. The statement shall be in the for~ of a representation by the bidder or offeror substantially as follows: (2) "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previo~Js contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Ordet No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be 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 required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. ( C ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the O~ler, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. BASLETBALL COURT RECONSTRUCTION & RESTORATION M-4 ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. 100 Stock Number 7540-926-2049 Title Equal employment opportunity employer information' report. 1-12.805.4 PROCUREMENTSTANDARDS All contracts fo~ construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (l 8 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shaft 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 construction contracts and in excess of $ 2,500 for other contracts which Involve the employment of mechanics or laborara shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be roqulred to compute the wages of every mechanic and laborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work il~ excess of the standard work day or work weak is permissible provided that the worker is compensated at a rate of not less than 1- 112 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 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, haza~'dous, or dangerous to his health and safety as determined under constrUction, safety, and health standards promulgated by the Secretary of Labor. These requirements do rtot apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. BASLETBALL COURT RECONSTRUCTION & RESTORATION M-5 Fo Each contract of an amount in excess of $ 2,500 awarded by a Grantee or .Sub-grantee shall' provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for .property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue ServiCe field office. Contracts and sub-grants of amounts in excess of $100,000 shall contain a p~ovision which requires the recipient to agree to comply with all applicable standards, orderS, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts Shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,50~, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. Ail contracts and sub-grants in excess of'$ 10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented In Department of Labor Regulations (41 CFR, Part 60). Each contractor or sub-grantee shall be required to have an affirmative action plan which declarasthat it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or sub~rantees and to assure that suspected or reported violations are promptly investigated. BASLETBALL COURT RECONSTRUCTION & RESTORATION M-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, 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 fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible 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 permitted to work as such only when they ara registered, individually, under a b~na'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 employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State DePartment of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence ofthe registration of his program and apprentices as'well as of the appropriata rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e, which requires provisions by wllich the contractor with the State or municipality agrees: (a) That 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 co.ntractor 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 which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work Under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State laW against Discrimination which also prohibits discrimination in employment because of age); ( C ) That there may be deducted from the amoUnt payable to the contraCtor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such~person was discriminated against or intimidated in violation of the provisions of the contract; BASLETBALL COURT RECONSTRUCTION & RESTORATION M-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section. 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the comtnencement 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 preference in employment to citizens of the State of New 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; andthat 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 14, 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 provisions as are required by law. General Regulation No. 1, as Issued by the State Commission for Human Rights, requires that each contract contains a sf~ipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and . maintain at each of his establishments and at all places at which the public 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 accessible and well lighted places custemarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color Ur national origin. BASLETBALL COURT RECONSTRUCTION & RESTORATION M-8 Pro'ect S -ecifications . Section 1010 - SUMMARY OF WORK Part t - GENERAL 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: A. The work in this project includes the restoration and reconstruction of Basketball Courts maintained by the Town of Southold. 1. Project Location: Fishers Island (See the Aedal photograph enclosed for exact location ,) 2. Owner: Town of Southold. B. Architect Identification: The COntract Documents, dated May 26, 2009, were prepared by the Office of the Engineer for the Town of Southold. The intent of the Contract Documents is for the work to be completed and finished ~n all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execufion of the work as called for on the drawings, specified herein or as may be reasonably inferred there from. D. This contract includes all travel and material deliveries to and from Fishers Island. E. This contract includes all site work necessary for the completion of work. END OF SECTION' BASKETBALL COURT RECONSTRUCTION & RESTORATION 1010-1 Section 1420 - REFERENCES. Part 1 - GENERAL 1.01 DEFINITIONS: A General: Basic Contract definitions are included in the Conditions of the Contract. B. "Approved": When used to convey Architect's action of Contractors submittals, applications, and requests. "Directed": A command or instruction by Architect. Other terms including "requested," "selected ," "approved," "required,"" and "permitted" have the same meaning as "directed." "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. All of the terms including "shown," "noted," "scheduled," and "spec fled" have the same meaning as "Indicated." E. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, application, installation, and similar operations. F. "Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, cudng, protecting, cleaning, and similar operations. G. "Provide": Fum'ish and Install, complete and ready for the intended use. "Installer": Contractor or other entity engaged by Contractor as an employee, or Subcontractor, to perfortn a particular construction operation, including installation erection, app cation and similar operations. "Experienced": When Used with an entity, "experienced" means having successfully completed previous projects similar in size and scope to this project; being familiar with special requirements indicated; and having complied with requirement of authorities having jurisdiction. J. "Project Site": Space available for performing construction.activities. BASLETBALL COURT RECONSTRUCTION & RESTORATION 1420-1 1.02 INDUSTRY STANDARDS: Applicability of Standards: Unless the Cqntract Documents include more stringent requirements, applicable construction industry standards have the same force and. effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. Minimum Quantity of Quality Levels: All installations or applications of specified materials shall be installed as per manufacturers installation guidelines and minimum specifications. Copies of Standards: Each entity engaged in construction of Project must be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. Where copies of such standards are needed to perform the required construction activity, obtain copies directly from the product manufacturer and make them available upon request. END OF SECTION BASLETBALL COURT RECONSTRUCTION & RESTORATION 1420-2 Section 2500 - ASPHALT PAVEMENT RESTORATION Part I - GENERAL' 1.01 SITE ACCESS: The contractor shall be responsible for all transportation, material delivery and site access to and [rom Fishers'Island. Storage of materiais and equipment may be kept on site or at the Highway maintenance facilities located approximately .5 miles from the project site. All stored materials and equipment shall be the sole responsibility of the Contractor and the Town of Southold will not be responsible for damage. 1.02 DESCRIPTION: Provide all site preparation work as required to complete the project in a successful manner. Limits of work under this contract shall include the entire site. Any and all noticeable cracks in the existing court systems shall be treated and repaired with Armor Crack Repair System Each court shall receive a two-color finish system as mfg. by Deco Color with "red" off court areas and "green" court areas. 1.03 QUALITY ASSURANCE: Contractor Qualifications: A Contractor shall have a minimum of five (5) years experience in the application and refinishing of Tennis Court Color Systems. Part 2 - PRODUC. TS 2.01 MATERIALS: ARMOR Crack Repair System (1~877-992-7667) or equal. Material specifications and product literature must be submitted with the Contractors bid for any "or equal" product. BASLETBALL COURT RECONSTRUCTION & RESTORATION 2500-1 Part 3 - EXECUTION 3.01 PROTECTION OF PROJECT CONDITIONS: Minimize interference with adjoining Streets, Roads, Adjacent Property and other Works to remain dudng Project. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from the Town of Southold. Each existing crack shall be thoroughly cleaned of all dirt, vegetation, debds and other deleterious materials prior to patching with the Armor Crack Repair System. Approximately 800 lineal feet of crack shall be treated with the Armor Crack Repair System. This quantity is an approximation of the required work and all exact quantities shall be verified by the contractor prior to submitting his/her bid. All applications of the Armor Crack Repair System shall meet the minimum specifications required by the manufacturer. END OF SECTION BASLETBALL COURT RECONSTRUCTION & RESTORATION 2500-2 Section 2700 - COURT RESURFACING & PAVEMENT MARKINGS Part 1 - GENERAL 1.01 DESCRIPTION: The Contractor shall provide a two-color finish system on all court surfaces as mfg. by Deco Color with "red" off court areas and "green" court areas. Part 2 - PRODUCTS 2.01 MATERIALS: A. Acrylic Resurfacer with silica sand. Deco Color Resurfacing System or equal. Material specifications and product literature must De submitted with the Contractors bid for any "or equal" product. Part 3 - EXECUTION 3.01 PREPARATION OF EXISTING SURFACES: After proper drying time of crack repair, all surfaces shall be cleaned of all debris and dust prior to application of new court surfaces. New Court Resurfacing of all court surfaces shall consist of the following steps: 1. Apply one coat of Acrylic Resurfacer.with Silica Sand to each Court. 2. After the first coat of Resurfacer has dded completely, apply a second coat of Acrylic ResurfaCer with Silica Sand to each Court. 3. After the second coat of Resurfacer has dded completely, apply one coat of Deco Color Paint with Silica Sand with "red" off court areas and "green" court areas. 4. After the first coat of Paint has dried, apply the second coat of Deco Color Paint (without silica sandl with "red" off court areas and "green" court areas. 5. All playing lines shall be installed to each court following U.S.B.A. specifications & standards. Contractor shall re-install basketball court nets and posts as supplied by the Town of Southold. END OF SECTION BASLETBALL COURT RECONSTRUCTION & RESTORATION 2700-1 Fishers Island Basketball Court scale 1"= 130' Fishers Island Basketball Court Scale 1": 30' Southold Town Board - Letter Board Meeting of March 24, 2009 RESOLUTION 2009-232 ADOPTED Item # 5.7 DOC ID: 4847 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-232 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 24, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the reconstruction and resurfacing of the basketball court on Fishers Island. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] ~4OVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated April 2, 2009 Page 16