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HomeMy WebLinkAboutConcrete Foundation for Compost Facility Postage Certified Fee Return Receipt Fee (Endorsement Requi~ed} Restricted Dellver~ Fee {Endorsement Required} Total Postage & Fees · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agem [] Addressee D. Is delivery address different flora item 1 ~ [] Ye{ If YES, enter delivery address below: [] No Ii Service Type ~'~ertEied Mall [] Express Mail [] Registered [] Return Receipt for Membe~dlse [] Insured MaLl [] C.O.D. · Restricted Delivery? (Extra F~e) [] Yes 7009 0820 0001 7820 9584 2. Article Number (Tmns f~r from sew/ce/abe/) PS Form 3811, February 2004 Dome~ttc Re~um Receipt 102595~)2-M-1540 [:3 · Complete items 1, 2, and 3. Also complete item 4 if Restricted DelivePJ is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. Article Addressed to: A [] Agent [] Addressee B. Received by ( Printed Name) C. Date of Delivery D. isdeliveryaddressdifferentfTomlteml? r-lyes If YES, enter delivery address beh3w: [] No [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O,D, 2. A~ticleNumber 7009 0820 0001 7820 9560 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Ce~llfied Fee Retum Receipt Fee (Endorsement Required) · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you, · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: [] Ag~t O. Is delrvmy address different from item ' If YES, enter delivery address below: 3. Service Type E~XCe~fled Mall [] Express Mall [] Registered [] Rstum Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) I-I Yes 2. Article Number (Transfer fn~m servk~ 7009 0820 0001 7620 9621 PS Form 3811, Februa~ 2004 Domestic Return Receipt lO2595-o2-~154o Postage Certified Fee Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ,-..,:.. · Complete items 1, 2, and 3. AJso complete ~tem 4 If Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 2. Article Number (Transfer f/om service label) PS Form 3811, February 2004 ~ ~_~ [] Agent r~ Addressee B. Received by ( C. Date of Delivery D. Is delivery address different from item 1 ? ~f YES, enter delivery address beh3w: [] No 3. e Type ~ffied Mall {[~ Express Mail [] Registered r'l Retum Receipt for Merchandise [] Insured Mail I-I C.O.D. 4. Restrictee Delivery? (Extra Fee) [] Yes 7009 0820 0001 7820 9614 · Complete ~tems 1, 2, and 3. A~so complet~ ~tem 4 if Restricted Deliver/is desired. · Pdnt your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number I--I Agent E~Addressee C. Date of Delivery D. Is delivery address dh~rent f~rn item 1 ? [] Yes If YES, enter delivery address below: I'~ No 3. Service Type ~'~ertifled Mail [] Express Mail [] Registered [] Return Receipt fo~ Memhandise [] Insured Mail [] C.O.D. 4. Restricted Deliver? ~Extra Fee) [] Yes 7009 0820 0001 7820 9607 PS Form 3811, Februa~ 2004 Dorne~tlc Return Receipt 102595~)2-M-1540: Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Deliver~ Fee (Endorsement Required) Total Postage & Fees · Complete items 1, 2, and 3. Also compile item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent iD Add~ssee D. Is dellve~ address different from item 1~ [] Y~ If YES. enter delivep/address below: , r'l No' 3. Service Type II'Certified Mail 1'3 Express Mail [] Registered i'-I Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver/? (Extra Fee) [] Yes 2. Article Number (Transfer from service label) 7009 0820 0001 7820 9577 PS Form 381 1, February 2004 Domestic Return Receipt 102595-02-M~tr~4~: · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number ~ransfer from ~/abe/) [] Agent [] Addressee .~. Date of Delivery D. Is deliv~y address different [] Yes If YES, enter delive~ [] No 3. Service Type ~/'Certified Mail [] Express Mail [] Registered r-1 Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver? (Extra F~e) [] Yes 7009 0820 0001 7820 9591 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02~M-1540 21' -0~ II I II ANCHOR BOLT PI,AN Scale: 3116" = 1'-0" Diameter = 3/4" Diameter = 5/8" · Diameter = 1/2" ANCHOR BOLT DIMENSIONS FRAME LINE DIMENSIONS () I . 12" 16" 4" L,.E OF FOOT,.G ,= #,, BAR ~ ~0"O.C. VERT. - CONTINUOUS LINE OF FOUNDATION -- 4 # 4 BAR CONTINUOUS HORIZONTAL CAGE ~ 10" O.C. VERT. -- ANCHOR BOLTS - SEE STEEL DRAWINGS FOR SIZE & LOCATION 6 # 4 VERTICAL BAR @ CAGE -- ANCHOR BOLTS - SEE STEEL DRAWINGS FOR SIZE & LOCATION 4 #4 BAR @ t0"O.C. VERT.-CONTINUOUS -- DEPRESS FOUNDATION 8" AT DOOR OPENING (']'YP.) GRADE HEIGHT VARIES PLAN VIEW ANCHOR BOLTS - SEE STEEL DRAWINGS FOR SIZE & LOCATION LINE OF FOUNDATION BEYOND 4# 4 BAR CONTINUOUS HORIZONTAL CAGE {~ 10" O.C. VERT. 4 #4 BAR ~ 10"O.C. VERT.-CONTINUOUS 6 # 4 BAR ~ CAGE - SEE PLAN VIEW FOR LOCATION # 4 BAR @ 8" O.C. EACH WAY 3,000 PSI CONCRETE FOUNDATION & FOOTING (TYPICAl.) SECTION DETAIL "A-A" Scale: 1/2" = 1'-0" PLAN V[EW GRADE HEIGHT VARIES 2" 0" q ~ SECTION DETAIL "B-B" Scale: 1/2" = 1'-0" 3,000 PSI CONCRETE FOUNDATION & PIER 4 #4 BAR @ 10" O.C. VERT.-CONTINUOUS 4 # 4 VERTICAL BAR @ CAGE 4 #4 BAR ~ 10" O.C. VERT.- CONTINUOUS ANCHOR BOLTS - SEE STEEL DRAWINGS FOR SIZE & LOCATION -- 3,000PSI CONCRETE PIER 3,000 PSI CONCRETE FOUNDATION WALL - TYPICAL 4 #4 BAR @ 10"O.C. VERTICAL - CONTINUOUS -- LINE OF FOUNDATION (FOREGROUND) 4 # 4 BAR CONTINUOUS HORIZONTAL CAGE @ 10" O.C. VERT. 4# 4BAR @CAGE - SEE PLAN VIEW FOR LOCATION -- # 4 BAR @ 8" O.C. EACH WAY CONTINUOUS b 3,000 PSI CONCRETE FOOTING (TYPICAL) TYPICAl, WALL SECTION Scale: 1/2" = 1'-0" g I I LINE OF FOOTING 4 #4 BAR-@ 10"O.C. VERT. - CONTINUOUS LINE OF FOUNDATION -- 4# 4 BAR CONTINUOUS HORIZONTAL CAGE @ 10" O.C. VERT. -- ANCHOR BOLTS - SEE STEEL DRAWINGS FOR SIZE & LOCATION 4 # 4 VERTICAL BAR I~ CAGE GRADE HEIGHT VARIES ANCHOR BOLTS - SEE STEEL DRAWINGS FOR SIZE & LOCATION -- LINE OF FOUNDATION BEYOND 4# 4 BAR CONTINUOUS HORIZONTAL CAGE ~ 10" O.C. VERT. 4 #4 BAR ~ 10" O.C. VERT.-CONTINUOUS -- 4 # 4 BAR ~ CAGE - SEE PLAN VIEW FOR LOCATION #4 BAR ~ 8"O.C. EACHWAY 3,000 PSI CONCRETE FOUNDATION & FOOTING (TYPICAL) SECTION DETAIL "C-C" Scale: 1/2" = 1'4)' -- LINE OF FOOTING -- ANCHOR BOLTS - SEE STEEL DRAWINGS FOR SIZE & LOCATION -- 4 # 4 BAR CONTINUOUS HORIZONTAL CAGE @ 10" O.C. VERT. LINE OF FOUNDATION -- 4 #4 BAR ~ 10"O.C. VERT. - CONTINUOUS -- DEPRESS FOUNDATION 8" AT DOOR OPENING (TYP.) 6 # 4 VERTICAL BAR @ CAGE -- 4 #4 BAR @ 10"O.C. VERT.-CONTINUOUS GRADE HEIGHT VARIES ANCHOR BOLTS - SEE STEEL DRAWINGS FOR SIZE & LOCATION DEPRESS FOUNDATION 8" AT DOOR OPENING {TYP.) 4 # 4 BAR CONTINUOUS HORIZONTAL CAGE (~} 10" O.C. VERT. LINE OF FOUNDATION (FOREGROUND) 4 #4 BAR ~ 10" O.C. VERT.-CONTINUOUS 6 # 4 BAR ¢~ CAGE - SEE PLAN VIEW FOR LOCATION -- #4 BAR ~ 8" O.C. EACH WAY 3,000 PSI CONCRETE FOUNDATION & FOOTING (TYPICAL) SECTION DETAIL "D-D" Scale: 1/2" = 1'4)" 4 # 4 VERTICAL BAR @ CAGE ANCHOR BOLTS - SEE STEEL DRAWINGS FOR SIZE & LOCATION DEPRESS FOUNDATION 8" AT DOOR OPENING (TYP.) -- LINE OF FOOTING # 4 BAR CONTINUOUS HORIZONTALCAGE 10" D.C. VERT. -- 4 # 4 BAR ~ VERT. - CONTINUOUS PLAN VIEW DEPRESS FOUNDATION 8" AT DOOR OPENING (TYP.) ANCHOR BOLTS - SEE STEEL DRAWINGS FOR SIZE & LOCATION TOP OF FOUNDATION BEYOND LINE OF FOUNDATION BEYOND 4 # 4 BAR CONTINUOUS HORIZONTAL CAGE ~ 10" D.C. VERT. -- 4 #4 BAR ~ 10"O.C. VERT.-CONTINUOUS 4 # 4 BAR @ CAGE - SEE PLAN VIEW FOR LOCATION # 4 BAR ~ 8" D.C. EACH WAY 3,000 PSI CONCRETE FOUNDATION & FOOTING (TYPICAL) SECTION DETAIL "E-E" Scale: 1/2"= 1'~" -- LINE OF FOOTING -- LINE OF FOUNDATION -- ANCHOR BOLTS - SEE STEEL DRAWINGS FOR SIZE & LOCATION -- 4 #4 BAR ¢~ 10"O.C. VERT. - CONTINUOUS DEPRESS FOUNDATION 8" AT DOOR OPENING (TYP.) ANCHOR BOLTS - SEE STEEL DRAWINGS FOR SIZE & LOCATION DEPRESS FOUNDATION 8" AT DOOR OPENING (TYP.) 4 #4 BAR ~ 10"0.C. VERT. - CONTINUOUS COLUMN 2 - SEE DETAIL SECTION "A-A" #4 BAR ~ 8"O.C. EACHWAY -- 3,000 PSI CONCRETE FOUNDATION & FOOTING {TYPICAL) SECTION DETAIL "F-F" Scale: 1/2" = 1'~" Southold Town Board - Letter Board Meeting ~July 14, 2009 RESOLUTION 2009-592 ADOPTED Item # 5.11 DOC ID: 5142 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-592 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14, 2009: RESOLVED that the Town Board of the Town of Southold hereby reiects any and all bids received for the construction of a concrete foundation at the compost facility in Cutchogue. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski 3r., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated July 16, 2009 Page 16 Southold Town Board - Letter Board Meetin 14, 2009 RESOLUTION 2009-591 ADOPTED Item # 5.10 DOC ID: 5141 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-591 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14, 2009: RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 2009- 534 which reads as follows~ in its entire ,ty: RESOLVED that the Town Board of the Town of Southold hereby rejects the bid of Debut Concrete and General Contractor to construct a concrete foundation at the compost facility in Cutchogue at a cost of $29,531., all in accordance with the plans and specifications provided by the Town Engineer and with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski .lt., Wickham, Evans, Russell Generated July 16, 2009 Page 15 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 24, 2009 Meadowmere Concrete Corp Glen Anderson 108 Frowein Road, Suite 1 Center Moriches, NY 11934 Dear Mr. Anderson: At the regular Town Board meeting held on July 14, 2009, the Town Board rejected any and all bids for a concrete foundation at the Compost Facility in Cutchogue. A certified copy of the resolution is enclosed. Your bid deposit is being returned to you. Thank you for your bid. Very truly your,.,s~) Lynda M Rudder Deputy Town Clerk Ens. 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 July 24, 2009 Debut Concrete & General Contractor Stephen Milrid 37 Rice Street Medford, NY 11733 Dear Mr. Milrid: At the regular Town Board meeting held on July 14, 2009, the Town Board rejected any and all bids for a concrete foundation at the Compost Facility in Cutchogue. A certified copy of the resolution is enclosed. Your bid deposit is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTHAR 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.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 24, 2009 Ferran Development Corp Jimmy Ferrante 127A East Carmans Road Farmingdale, NY 11735 Dear Mr. Ferrante: At the regular Town Board meeting held on July 14, 2009, the Town Board rejected any and all bids for a concrete foundation at the Compost Facility in Cutchogue. A certified copy of the resolution is enclosed. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 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 July 24, 2009 D.E.R. Contracting Manuel Esteves 80 Sunset Avenue Selden, NY 11784 Dear Mr. Esteves: At the regular Town Board meeting held on July 14, 2009, the Town Board rejected any and all bids for a concrete foundation at the Compost Facility in Cutchogue. A certified copy of the resolution is enclosed. You bid check is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. 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 July 24, 2009 Carter-Melence, Inc Donald O'Hanlon Po Box 907 Sound Beach, NY 11789 Dear Mr. O'Hanlon: At the regular Town Board meeting held on July 14, 2009, the Town Board rejected any and all bids for a concrete foundation at the Compost Facility in Cutchogue. A certified copy of the resolution is enclosed. You bid check is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk mBs. F.I.IT.&BETH 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 July 24, 2009 Aldco Builders lnc James Alden, Jr. 60 Carleton Avenue Islip Terrace, NY 11752 Dear Mr. Alden: At the regular Town Board meeting held on July 14, 2009, the Town Board rejected any and all bids for a concrete foundation at the Compost Facility in Cutchogue. A certified copy of the resolution is enclosed. You bid check is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk BBS. 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 24, 2009 Construction Consultants Joel Itzkowitz 36 East 2na Street Riverhead, NY 11901 Dear Mr. Itzkowitz: At the regular Town Board meeting held on July 14, 2009, the Town Board rejected any and all bids for a concrete foundation at the Compost Facility in Cutchogue. A certified copy of the resolution is enclosed. You bid check is being retumed to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk EBS. S outhold Town Board - Letter Board Meeting of June 30, 2009 RESOLUTION 2009-534 ADOPTED Item # 5.7 DOC ID: 5082 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-534 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 reiects the bid of Debut Concrete and General Contractor to construct a concrete foundation at the compost faeili .ty in Cutchogue at a cost of $29,531., all in accordance with the plans and specifications provided by the Town Engineer and with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNAN*t'HOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Kru ;~ski .~r., Wickham, Evans, Russell Generated July 1, 2009 Page 12 Southold Toven Board - Letter 19, 2009 RESOLUTION 2009-385 ADOPTED Item # 5.8 DOC ID: 5002 THIS .IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-385 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 19, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the construction of the cement foundation for the new comoost baeein~ building for the Solid Waste Management District~ in accordance with specifications provided by the Town Engineer. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P, Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Thomas H. Wickham Generated May 27, 2009 Page l6 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for a reinforced concrete foundation and floor slab for a clear-span metal building to be erected at the Southold Town Compost Facility. Specifications and bid proposal form may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, PO Box 1179, 53095 Main Road, Southold, New York 11971. The sealed bid, together with a Non-collusive Bid Certificate and bank draft or certified check in the amount of $100.00, will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, June 4, 2009 at which time they will be opened and read aloud in public. The Town Board of the Town of S outhold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Reinforced Concrete Foundation", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: May 19, 2009 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON May 21~ 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 Suffolk Times Town Board Members Town Attorney Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board Solid Waste Coordinator Bunchuck LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for a reinforced concrete foundation and floor slab for a clear-span metal building to be erected at the Southold Town Compost Facility. Specifications and bid proposal form may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, PO Box 1179, 53095 Main Road, Southold, New York 11971. The sealed bid, together with a Non-collusive Bid Certificate and bank draft or certified check in the amount of $100.00, will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Fn'll~y, ~ 2009 at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Reinforced Concrete Foundation ", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: May 19, 2009 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON May 21~ 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 Suffolk Times Town Board Members Town Attorney Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board Solid Waste Coordinator Bunchuck Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Monday, May 18, 2009 11:26 AM To: 'Legals' Cc: Bunchuck, Jim Subject: Revised Legal Notice for 5/21/09 Suffolk Times Attachments: Reinforced concrete foundation 5-29-09.doc Hi, Per our phone conversation, here is the revised Legal notice to bidders. (The due date for the bid has changed to Thursday, June 4, 2009) Once again, thank you for all your help. Linda Cooper 5/18/2009 Page 1 of 1 Cooper, Linda From: Sent: To: Cc: Subject: Bunchuck, Jim Thursday, May 14, 2009 10:52 AM Cooper, Linda McMahon, James; Orlando, Vincent; Richter, Jamie; Standish, Jeff Bid Spec for foundation project Attachments: 2009 BAGGING SHELTER FOUNDATION SPECS.doc Linda, Please include the attached to with Engineer's drawings, which I will forward to you in inter-office mail, for bagging shelter foundation bid for next week, Jamie, Jim, Jeff, Vinny: Please review and let me know if any changes/additions should be madb before bid goes out next Thursday (5/21 ), Jim James Bunchuck, Solid Waste Coordinator Town of Southold DSW P.O. Box 962 Cutchogue, NY 11935 631-734-7685 631-734-7976 (fax) 631-478-7344 (cell) 5/14/2009 Page 1 of 1 Cooper, Linda From: Legals [legals@timesreview.com] Sent: Thursday, May 14, 2009 2:34 PM To: Cooper, Linda Subject: RE: Reinforced concrete foundation 5-29-09 Hi Linda, I have received the legal and we are good to go for the 21st. Have a very lovely evening! Candice From: Cooper, Linda [mailto:Linda. Cooper@town.southold.ny.us] Sent: Thursday, May 14, 2009 12:34 PM To: Suffolk Times Legals Subject: Reinforced concrete foundation 5-29-09 Hello, Please confirm receipt of this Legal Notice to Bidders to be published May 21, 2009 in the Suffolk Times. Again, thank you for all you help. Linda J. Cooper Deputy Town Clerk 5/14/2009 Page 1 of 1 Cooper, Linda From: Legals [legals@timesreview.com] Sent: Sunday, May 10, 2009 5:39 PM To: Cooper, Linda Subject: RE: 2008 CPF Financial Statement Hello again Linda, I have received this legal ad as well and it will appear in the May 14th issue. Thanks, Candice From: Cooper, Linda [mailto:Linda. Cooper@town.southold.ny.us] Sent: Wednesday, Hay 06, 2009 2:28 PM To: Suffolk Times Legals Subject: 2008 CPF Financial Statement Hi, Please confirm receipt of this Legal Notice to be published May 14, 2009 in the Suffolk Times. Thank you. Linda J. Cooper Deputy Town Clerk 5/11/2009 SOUTHOLD TOWN SOLID WASTE MANAGEMENT DISTRICT SPECIFICATIONS FOR A CONCRETE FOUNDATION FOR A CLEAR SPAN METAL BUILDING May 21,2009 GENERAL: The Town of Southold Solid Waste Management District seeks bids for a reinforced concrete foundation and floor slab for a clear-span metal building to be erected at the Southold Town Compost Facility. The building is 30' by 42' by 14' and will have 2 framed openings for roll-up doors, to be purchased and installed by the Town separately, and one pedestrian access door. This bid seeks prices for the installation of the foundation and slab in accordance with the information below and the attached drawings from the Office of the Town Engineer. A performance bond will NOT be required. PROJECT LOCATION: Southold Town Compost Facility, 6155 Cox Lane, Cutchogue, NY. Site consists of a prepared 12" thick RCA pad over virgin sand. POJECT DESCRIPTION: Furnish and install new reinforced concrete footings, column footings, piers, and foundation walls as per plan dated 03/30/09, Drawing A-l, F-l, F-2, F-3, & F-4. All concrete to be 3000 psi Bluestone Mix. Footings 16" x 10" with #4 Rebar 8" OC. Walls 8" thick, 4' tall with 4 #4 Rebar. Setting of anchor bolts as shown on page A-l, to be provided. Floor to be 6" thick, with 6x6 10xl0 wire. ADDITIONAL INFORMATION: Excavation to be performed by the Town, with contractor present for coordination purposes. PREVAILING WAGE REQUIREMENT THIS IS A PREVAILING PROJECT. ONLY BIDS BASED ON NEW YORK STATE PREVAILING WAGE RATES WILL BE ACCEPTED. SUBMISSION OF A BID IN RESPONSE TO THIS SOLCITATION WILL BE CONSIDERED CERTIFICATION THAT PREVAILING WAGE RATES WILL BE PAID. NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived atby the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. Signed: Print name Corporate Title (if any) Company Name Mailing Address Phone NUmber BID ON Reinforced Concrete Foundation STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the day of ., 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. Re: Reinforced Concrete Foundation Elizabeth A. Neville Southold Town Clerk Sworn before me this day of ,2009. Notary Public SOUTHOLD TOWN SOLID WASTE MANAGEMENT DISTRICT SPECIFICATIONS FOR A CONCRETE FOUNDATION FOR A CLEAR SPAN METAL BUILDING May21,2009 GENERAL: The Town of Southold Solid Waste Management District seeks bids for a reinforced concrete foundation and floor slab for a clear-span metal building to be erected at the Southold Town Compost Facility. The building is 30' by 42' by 14' and will have 2 framed openings for roll-up doors, to be purchased and installed by the Town separately, and one pedestrian access door. This bid seeks prices for the installation of the foundation and slab in accordance with the information below and the attached drawings from the Office of the Town Engineer. A performance bond will NOT be required. PROJECT LOCATION: Southold Town Compost Facility, 6155 Cox Lane, Cutchogue, NY. Site consists of a prepared 12" thick RCA pad over virgin sand. POJECT DESCRIPTION: Furnish and install new reinfomed concrete footings, column footings, piers, and foundation walls as per plan dated 03/30/09, Drawing A-l, F-l, F-2, F-3, & F-4. All concrete to be 3000 psi Bluestone Mix. Footings 16" x 10" with #4 Rebar 8" OC. Walls 8" thick, 4' tall with4 #4 Rebar. Setting of anchor bolts as shown on page A-l, to be provided. Floor to be 6" thick, with 6x6 10xl0 wire. ADDITIONAL INFORMATION: Excavation to be performed by the Town, with contractor present for coordination purposes. PREVAILING WAGE REQUIREMENT THIS IS A PREVAILING PROJECT. ONLY BIDS BASED ON NEW YORK STATE PREVAILING WAGE RATES WILL BE ACCEPTED. SUBMISSION OF A BID IN RESPONSE TO THIS SOLCITATION WILL BE CONSIDERED CERTIFICATION THAT PREVAILING WAGE RATES WILL BE PAID. 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 2009 Concrete Slab SWMD Bid Opening 6/4/09 10:00 A.M. Meadowmere Concrete Corp Glen Anderson 108 Frowein Road, Suite 1 Center Moriches, NY 11934 874-6900 $13,500.00'* ** 4" floor $6,400.00 ** 6" floor $9,600.00 Debut Concrete & General Contractor Stephen Milrid 37 Rice Street Medford, NY 11733 $29,531.00 Ferran Development Corp Jimmy Ferrante 127A East Carmans Road Farmingdale, NY 11735 249-4975 $34,514.00 (no bid bond or check) D.E.R. Contracting Manuel Esteves 80 Sunset Avenue Selden, NY 11784 698-2892 $34,950.00 Ca~er-Melence, Inc Donald O'Hanlon Po Box 907 Sound Beach, NY 11789 744-0127 $38,000.00 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 Aldco Builders inc James Alden, Jr. 60 Carleton Avenue Islip Terrace, NY 1752 589-5599 Construction Consultants Joel Itzkowitz 36 East 2nd Street Riverhead, NY 11901 727-6604 $45,000.00 $48,000.00 ITEM # 1: GENERAL CONSTRUCTION: THE CONTRACTOR SHALL FURNISH AND CONSTRUCT A NEW CONCRETE FOUNDATION & FLOOR SLAB SYSTEM FOR THE INSTALLATION & PLACEMENT OF A NEW, 30' X 42' ' CLEAR SPAN METAL BUILDING. THIS PROJECT SHALL INCLUDE ALL EXCAVATION AND FORM WORK REQUIRED FOR THE CONSTRUCTION OF A NEW FOUNDATION SYSTEM AS WELL AS TH~ SUPPLY AND INSTALLATION OF ALL STEEL REINFORCMENT AS SPECIFIED OR INDICATED. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO; THE FINAL GRADING AND COMPACTION OF ALL SUB-GRADE MATERIALS WITHIN TIlE BUILDING FOOTPRINT PRIOR TO THE PLACEMENT OF ~ NEW CONCRETE FLOOR SLAB AS WELL AS THE INSTALLATION AND PLACEMENT OF ALL NEW AND/OR REQUIRED ANCHOR BOLTS AS DETAILED AND/OR SPECIFIED BY THE BUILDING MANUFACTURER. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO ]PROVIDE AND CONSTRUCT A COMPLETE FOUNDATION PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS AND THESE SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in w6rds) (wriffe~'l~'~umbers) CONTRACTORS PORPOSED START DATE: rrH~s hEM TO SE COMPL~rED 8~ ~.L =ooE.s) 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 of Southold within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the Contract. 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, during which time 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: (If,~ny) Addendum Number: Dated: Signature of Bidder: Telephone Number: (1'31.') ~-/5t-/~qDO Date: ~o- I- 200q Bidders Address: Construction of a New Concrete Foundation & Floor Slab System D-2 PROPOSAL MEADOWMERE CONCRETE CORP. 108 FP, OWEIN ROAD, SUITE 1 CENTER MORICHES, NY 11934 (631) 874-6900, FAX (631) 874-8200 Submitted to: Southold Town Solid Waste District P. O. Box 962 Cutcho,que, N¥ 11935-0962 We hereby submit estimates for: All Concrete to be 3000psi Bluestone Mix All Work as Per Plans & Spec Footing: 16" x 10" with #4 Rebar 8" OC Walls: 8" Thick, 4' Tall with 4 ~1Rebar Anchor Bolts as Shown on Page A-1 **More Information Needed for Length of Bolts TOTAL **Alternate: 4" Floor with 6x6 10x10 Wire **Alternate: 6" Floor with 6x6 10x10 Wire Job Location: Southold Town Compost Facility 6155 Cox Lane Cutchogue, N._~Y $13,500.00 $6,400.00 $9,600.00 We hereby propose to furnish material and labor in accordance with the above dated plans for the sum of: See above price On this day of: Wednesday, May 06, 2009 All material is guaranteed to be as specified. All work will be performed in a workman like manner according to standard practices. Any alteration or deviation from the above stated construction documents involving extra costs will be billed as an extra charge over and above this estimate. All agreements will be contingent upon delays beyond our control. Owner to carry liability and any other necessary insurance. Our workers are fully covered by Workmen's Compensation. Acceptance of Proposal: Authorized Signature 'The above prices, specifications and work conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. PROPOSAL MEADOWMERE CONCRETE CORP. 108 FROWEIN ROAD, SUITE 1 CENTER MORICHES, NY 11934 (631) 874-6900, FAX (631) 874-8200 Submitted to: Southold Town Solid Waste District P. O. Box 962 Cutchogue, NY 11935-0962 We hereby submit estimates for: Job Location: Southold Town Compost Facility 6155 Cox Lane Cutchogue, NY All Concrete to be 3000psi Bluestone Mix All Work as Per Plans & Spec Footing: 16" x 10" with #4 Rebar 8" OC Walls: 8" Thick, 4' Tall with 4 ~ Rebar Anchor Bolts as Shown on Page A-1 **More Information Needed for Length of Bolts TOTAL $13,500.00 **Alternate: 4" Floor with 6x6 10x10 Wire **Alternate: 6" Floor with 6x6 10x10 Wire $6,400.00 $9,600.00 We hereby propose to furnish material and labor in accordance with the above dated plans for the sum of: See above price On this day of.' Wednesday, May 00, 2009 All material is guaranteed to be as specified. All work will be performed in a workman like manner according to standard practices. Any alteration or deviation from the above stated construction documents involving extra costs will be billed as an extra charge over and above this estimate. All agreements will be contingent upon delays beyond our control. Owner to carry liability and any other necessary insurance. Our workers are fully covered by Workmen's Compensation. Acceptance of Proposal: Authorized Signature The above prices, specifications and work conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. PROPOSAL FORM Date: G- 1-2. OC~ NAME of BIDDER: Telephone: t~)~7~- ~o0 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 ~n this proposal as principals are named below; that this proposal is made without any connection directly o[ 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 21, 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 furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: Construction of a New Concrete Foundation & Floor Slab System for the Installation & placement of a New, 30' x 42' Clear Span Metal Building. To Be Located at: Southold Town Compost Facility, 6155 Cox Lane, Cutchogue, NY. 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 the work as directed by the Town, he will accept, in full payment thereof as listed below: Construction of a New Concrete Foundation & Floor Slab System D-1 (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 for work 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 by such bidder as true under the penalties ef perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party, thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independentJy 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, diractJy 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 pemon, 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 (~L.~l,,l A~J'~:~R'~ ofthe I~P-~b~/,m~.~F.. ~:~.~'r~ (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Construction of a New Concrete Foundation & Floor Slab System for the installation & placement of a New, 30' x 42' Clear Span Metal Building. and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred~ three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any Onaccuracies 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 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 75t, Sec. 103-d, as amended & effective on September t, 1965. Signature Construction of a New Concrete Foundation & Floor Slab System C-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: (Bidder) 1. It intends to use the following listed construction trades in the work under the contract ; and, 2. Ao As to those trades set forth inthe preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: .; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minodty man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject tO these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor ce~quired by these Bid Conditions. (Signature of Authorized Representative of Bidder) Construction of a New ConCrete Foundation & Floor Slab System E-1 ITEM # 1: GENERAL CONSTRUCTION: THE CONTRACTOR SHALL FURNISH AND CONSTRUCT ~A NEW CONCRETE FOUNDATION & FLOOR SLAB SYSTEM FOR THE INSTALLATION & PLACEMENT OF A NEW, 30' X 42' CLEAR SPAN METAL BUILDING. THIS PROJECT SHALL INCLUDE ALL EXCAVATION AND - FORM WORK REQUIRED FOR THE CONSTRUCTION OF A NEW FOUNDATION SYSTEM AS WELL AS THE SUPPLY AND INSTALLATION OF ALL STEEL REINFORCMENT AS SPECIFIED OR INDICATED. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO; THE FINAL GRADING AND COMPACTION OF ALL SUB-GRADE MATERIALS WITHIN THE BUILDING FOOTPRINT PR/OR TO THE PLACEMENT OF TI-IE NEW CONCRETE FLOOR SLAB AS WELL AS THE INSTALLATION AND PLACEMENT OF ALL NEW AND/OR REQUIRED ANCHOR BOLTS AS DETAILED AND/OR SPECIFIED BY THE BUILDING MANUFACTITRER. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATER/ALS TO PROVIDE AND CONSTRUCT A COMPLETE FOUNDATION PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS AND THESE SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: CO~CTORS PO~OSED ST~T DATE: (written in' numbers) ~HIS ITEM TO BE COMPLETED BY ALL BIDDERS) 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 of Southold within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the Contract. 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, during which time 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: (If Any) Addendum Number: Dated: Signature of Bidder: Number: Bidders Construction of a New Concrete Foundation & Floor Slab System D-2 PROPOSAL FORM NAME of BIDDER: Telephone: ~'~//' 7~'y,~ ~.-~__..~) 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 21, 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 furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: Construction of a New Concrete Foundation & Floor Slab System for the Installation & placement of a New, 30' x 42' Clear SPan Metal Building. To Be Located at: Southold Town Compost Facility, 6155 Cox Lane, Cutchogue, NY. 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 the work as directed by the Town, he will accept, in full payment thereof as listed below: Construction of a New Concrete Foundation & Floor Slab System D-1 (To be completed by each Bidder) In accordance with Section 103-d General MfJnicipal 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 distdct or any agency or official thereof for work 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 by such 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 behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (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 pdces 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 ~-~)O/~o/i e_~ g //~/'/,¢/'d Of the Z/~ ~6~'6F~/~- ~ ~ ¢~,~/'~'~g' ,~7.~¢_ · _ _ be (Na~me of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ConstrUction of a New Concrete Foundation & Floor Slab System for the installation & placement of a New, 30' x 42' Clear Span Metal Building. and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred- three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any 'r~accuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties 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 · 200? . (SEAL OF THE CORPORATION) Laws of Ne~ York, t965 Ch. 'r51, Sac. :t03<l, as amended & effective on September t, t965. Construction of a New Concrete Foundation & Floor Slab System C-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: It intends to use the following listed construction trades in the work under the contract A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ~ "~0~"~/ g'~'"'/ '~"~<:~'~'~'~' ~ ~-~d~'O~ ;and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the s u b co n.~,,te(~?:, ert i fi ~c~3~. n...r e~./~,Y~et's__~B~ d i t i ° n s · '~ "/' (~'~ign~of ,~ufi~orized ~R~e~pre~entative of Bidder) Construction of a New Concrete Foundation & Floor Slab System E-1 ITEM #.1: GENERAL CONSTRUCTION: THE CONTRACTOR SHALL FURNISH AND CONSTRUCT A NEW CONCRETE FOUNDATION & FLOOR SLAB SYSTEM FOR THE INSTALLATION & PLACEMENT OF A NEW, 30' X 42' CLEAR SPAN METAL BUILDING. THIS PROJECT SHALL INCLUDE ALL EXCAVATION AND FORM WORK REQUIRED FOR THE CONSTRUCTION OF A NEW FOUNDATION SYSTEM AS WELL AS THE SUPPLY AND INSTALLATION OF ALL STEEL REINFORCMENT AS SPECIFIED OR INDICATED. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO1 THE FINAL GRADING AND COMPACTION OF ALL SUB-GRADE MATERIALS WITHIN THE BUILDING FOOTPRINT PRIOR TO THE PLACEMENT OF THE NEW CONCRETE FLOOR SLAB AS WELL AS THE INSTAl J~&TION AND PLACEMENT OF ALL NEW AND/OR REQUIRED ANCHOR BOLTS AS DETAILED AND/OR SPECIFIED BY THE BUILDING MANUFACTURER. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO PROVIDE AND CONSTRUCT A COMPLETE FOUNDATION PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS AND THESE SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE 'STIPULATED "LUMP SUni' OF: (written i~ords) ~ CONTRACTORS PORPOSED START DATE: ( ' nl~n~mbers) {TH~S rTEM TO BE COMPLETED BY ALL BIDDERS) And he further agrees that if this proposal shall be accepted by thc Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the reqmrements of the Town of Southold within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the Contract. 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, during which time 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: (If Any) Addend4 Signature ~ of Bidder: Telephone Number: ('~i Date: Dated: Bidders Address: Construction of a New Concrete Foundat on & Floor Slab System D-2 .~TATFMr:klT CJI: N(3N-C'.CJl I I IRICJN ~o be completed by each Bidder) In accordance with Section 103-d General M~Jnicipal 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 fora district or any agency or official thereof for work 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 by such 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 behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The pdces in this bid have been ardved 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 pdor 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 net 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 Resolvedthai ~."~';/'~/~L/ ~T~;- of the ~ (N~r~'&f s~gnatory) ' (Name~of Corporation authorized to sign and submit the bid or proposal of this corporation for the following Project: be Construction of a New Concrete Foundation & Floor Slab System for the installation & placement of a New, 30' x 42' Clear Span Metal Building. and to include in such bid or proposal the certificate as to non-coll'usion required by section one-hundred- three-d (103-d) of the General Municipal.Law as the act and deed of such corporation, and for any ~faccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties 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 (SEAL OFTHE CORPORATION) Laws of New York, 1965 Ch. 7~1, Sec. 103-d, as amended & effective on September 1, 1965. day of r,,,~')'~ )k~C' Construction of a New Concrete Foundation & Floor Slab System C-1 PROPOSAL FORM Date: NAME of BIDDER: Telephone~7~;) ,)-Y"~- ~ ?,.r 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 ~n any portion of the profit thereof; that he has carefully examined the contract documents dated: May 21, 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 furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: Construction of a New Concrete Foundation & Floor Slab System for the Installation & placement of a New, 30' x 42' Clear Span Metal Building. To Be Located at: Southold Town Compost Facility, 6155 Cox Lane, Cutchogue, NY. 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 Departmem, Southold 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: Construction of a New Concrete Foundation & Floor Slab System D-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Cedifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: Certifies that: BIDDER,S CERTIFICATION (Bidde~) It intends to use the following listed construction trades in the work under the contract A. As to those trades set forth in, the preceding paragraph one hereof forwhich it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ~ J--t~'t~"'~ ,'lk.2 ~.~, I ; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part Il, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ; and, it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. ~- (Signature of Authorized Representative 0fpidder) COnstruction of a New Concrete Foundation & Floor Slab System E-1 ITEM # 1: GENERAL CONSTRUCTION: THE CONTRACTOR SHALL FURNISH AND CONSTRUCT A NEW CONCRETE FOUNDATION & FLOOR SLAB SYSTEM FOR THE INSTALLATION & PLACEMENT OF A NEW, 30' X 42' CLEAR SPAN METAL BUILDING. THIS PROJECT SHALL INCLUDE ALL EXCAVATION AND FORM WORK REQUIRED FOR THE CONSTRUCTION OF A NEW FOUNDATION SYSTEM AS WELL AS THE SUPPLY AND INSTALLATION OF ALL STEEL REINFORCMENT AS SPECIFIED OR INDICATED. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO; THE FINAL GRADING AND COMPACTION OF ALL SUB-GRADE MATERIALS WITHIN THE BUILDING FOOTPRINT PRIOR TO THE PLACEMENT OF THE NEW CONCRETE FLOOR SLAB AS WELL AS THE INSTALLATION AND PLACEMENT OF ALL NEW AND/OR REQUIRED ANCHOR BOLTS AS DETAILED AND/OR SPECIFIED BY THE BUILDING MANUFACTURER. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO PROVIDE AND CONSTRUCT A COMPLETE FOUNDATION PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS AND THESE SPECIFICATIONS. THE ABOVE REFERENCED ACTMTIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SE]VI" OF: (written in words) (writte~ in'numbers) CONTRACTORS PORPOSED START DATE: And he ~cr a~ees ~at ift~s prOPosal shall be accepted by ~c To~ ~d that if he shall re.se, f~l or neglect to enter into a Conifer p~u~t to such proposal ~d to ~e requirements of ~e To~ of Sou~old Mthin the ten (10) ~ys a~er notice of ~e aeeept~ce of s~d proposal, shall have be~ d~osited in ~e m~l ad~essed to ~m at ~e ad.ess ~ven ~ the proposal, that he s~ll be comid~ed to have ab~doned ~e 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, during which time 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: (lf/tny) Addendum Number: Dated: Signature of Bidder: Telephone Number: ,6'~/-~ Zfi=5~'Z Bidders Date: Construction of a New Concrete Foundation & Floor Slab System D-2 PROPOSALFORM Date: ~O~ NAMEof BIDDER: 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 nas carefully examined the contract documents dated: May 2t, 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 furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: Construction of a New Concrete Foundation & Floor Slab System for the Installation & placement of a New, 30' x 42' Clear Span Metal Building. To Be Located at: Southold Town Compost Facility,~ 6155 Cox Lane, Cutchogue, NY. 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 the work as directed by the Town, he will accept, in full payment thereof as listed below: Construction of a New Concrete Foundation & Floor Slab System D-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: It intends to use the following listed construction trades in the work under the contract As to those trades set forth in, the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ~; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: It will obtain from each of its subcontractors and submit to the contracting or administering agency prior t~g,,~he award of any Subcontractor under this contract the subcontractor certificatio~/e.' ed by th~__ Bid ~C°nditi°ns' (Sign'-atur~ of Authorized Representative of Bidder) COnstruction of a New Concrete Foundation & Floor Slab System E-1 .~TATI=MI::I~T {']1~ I~('H~I.I~'.t"]I I (To be corn pleted by each Bidder) In accordance with Se~on 103-d General Municipal Law, effective Seotember 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 distdct or any agency or official thereof for w~rk or services performed or to be performed or goods sold or to ~)e sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certificaMon. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of keowleoge and belief: (1) The pdces in this bid have been ardved 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 othenvise 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 pdor 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. e. 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 troth 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 _,'~,¢~?/M~¢'/_ ~-"~".~ of the ~. ~-~',/~, ~_~°~',/t/~.~4tC~'a'a? .~q('C.-. be (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Construction of a New Concrete Foundation & Floor Slab System for the installation & placement of a New, 30' x 42' Clear Span Metal Building. and to include in such bid or proposal the certificate as to non-coll'usion required by section one-hundred- three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any i~nfaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties 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_~L,~_=. (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 75% Sec. t03-d, as amended & effective on September 1, 1965. Construction of a New Concrete Foundation & Floor Slab System C-1 CONTRACT D.E.R. CONTRACTING, INC. POURED CONCRETE CONTRACTORS RESIDENTIAL & COMMERCIAL P.O. BOX 97 SELDEN, NY 11784 PH: (631) 698-2892 -FAX: (631) 696-4550 SUBMH ~ ~L~ TO: TOWN OP SOUTHOLD PHONE: DATE: 631-765-1560 6/3/09 STREET: JOB NAME/LOCATION $3095 MAIN ROAD SOUTHOLD TOWN COMPOST FACILITY CITY, STATE & ZIP CODE ARCHITECT/DATE OF PLANS SOUTHOLD, NY 11971 JAMES A. RICHTER 1. D.E.IL shall finnish all labor, services and materials to perform "the work" set forth below; EXC.4VATION, FORMWORK, AND INSTALLATION OF POURED CONCRETE FOOTINGS, FOUNDATION WALLS, SLAB ON GRADE, REINFORCING, AND SLAB SA W CUTTING. = $34~950. O0 TOWN OF SOUTHOLD represents he is the owner of the premises on which "the work" is to be performed or the general contractor hired by the owner. TOWN OF SOUTHOLD shall pay D.E.R. The sum of $34~950.00 PLUS ANY ADDITIONAL COSTS to perform "the work" in accordance with the following for a NON-UNION project. FULL PA Y]ffENT DUE UPON COMPLETION If any payment is not made within (30) days after "notice", interest shall be charged upon the unpaid balance at the rote of eighteen (18%) percent per annum. 4. Any changes in the work and any additional costs (or credits) shall be an adjustment to both the price and the completion date. 5. The work shall be accomplished in accordance with a schedule to be worked out between D.E.R. and the owner (general contractor). Any delays caused by strikes, materials shortage, failure of other contractors to perform work, or failure of the owner (general contractor) to make payments in accordance with the "notice" shall extend the completion date. 6. D.E.R. agrees to keep the work free of liens and the owner (general contractor) agrees to make payment within the (10) days after receipt of the "notice". 7. Either pa~y shall have the right to suspend the work should the other party default or should the owner (general contractor) fail to make a payment within ten (10) days after receipt of the "notice. As each payment is due pursuant to paragraph 3 above, D.E.R. shall give to the owner (general contractor) "notice" at the address above set forth or at such other address as the owner (general contractor) furnishes to D.E.R. in writing. This agreement may not be assigned without the prior written consent of the parties hereto; shall be constructed in accordance with the laws of the State of New York; and shall be binding upon the respective parties, their heirs, assigns, legal representatives or successors in interest. 10. As an inducement for D.E.R. to enter into this agreement, the owner (general contractor) agrees to guarantee payment Due pursuant to paragraph 3 above. D.E.R. Authorized Signature By Date of Acceptance OWNER I General Contractor D.H.S. Contracting, Inc. P.O. Box 2031 Patchogue, New York, 11772 631-654-3966 - 631-929-6496 June 3,2009 Proposal submitted to: DER Contracting Proposal for site work to be performed at site in Cutchogue, New York. Proposal based on invitation to bid documents. Site Preparation: Southold Town compost Facility 6155 Cox Lane, Cutchogue, New York 11955 Supply Machines & Operators for excavation and backfilling of foundation. Foundation to be 42'x 30' with 4' walls and slab on grade. We propose hereby to furnish material and labor complete in accordance with the specifications as listed, for the sum of Five Thousand Eight hundred Fifty Dollars (5,850.00) Builder is responsible to provide D.H.S. Contracting, with all information needed for markout of utilities. All markouts to be complete prior to Commencement of work. All permits to be supplied by builder. Additional suitable material for backfill to be supplied by town. We are not responsible for any damage to any underground perils not properly marked out. Responsibility of General Contractor or other to have all surveying layouts done. Price not to include pumping of any sanitary systems, drywells, or underground storage facilities, or Wet lands Protection. If unsuitable material or buried debris is encountered or if additional material (topsoil, banknm, fill) to be removed or supplied to meet governing agencies price will be negotiated upon need. Prices are quoted for entire job being awarded to DHS Contracting, Inc. and not to be used for other job locations. If adverse conditions (Rain, Snow, and Frost in excess of 6") exist, Work will not be performed. Material is guaranteed to be as specified. All work to be completed in a workman like manner according to the standard practices. Any alteration or deviation f~om above specification involving extra cost will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workers Compensation Insurance. Authorized Signature Karen An~St~riz ~te: ~is proposal may be ~a~ --/by us if not accepted wi~in 1 ~days. Acceptance of proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. Date of Acceptance Signature Payments based on total job price: 1/2% upon commencement 1/2% upon completion All payments are due as agreed and final payments must be received 10 days after completion of job. All overdue balances are subject to carrying surcharge of 1.5% per Month. ITEM # 1: GENERAL CONSTRUCTION: THE CONTRACTOR SHALL FURNISH AND CONSTRUCT A NEW CONCRETE FOUNDATION & FLOOR SLAB SYSTEM FOR THE INSTALLATION & PLACEMENT OF A NEW. 30' X 42' CLEAR SPAN METAL BUILDING. THIS PROJECT SHALL INCLUDE ALL EXCAVATION AND FORM WORK REQLrIRED FOR THE CONSTRUCTION OF A NEW FOUNDATION SYSTEM AS WELL AS THE SUPPLY AND INSTALLATION OF ALL STEEL REINFORCMENT AS SPECIFI_ED OR INDICATED, THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO; THE FINAL GRADING AND COMPACTION OF ALL SUB-GRADE MATERIALS WITHIN THE BUILDING FOOTPRINT PRIOR TO THE PLACEMENT OF THE NEW CONCRETE FLOOR SLAB AS WELL AS THE INSTALLATION AND PLACEMENT OF ALL NEW AND/OR REQUIRED ANCHOR BOLTS AS DETAILED AND/OR SPECiFLED BY THE BUILDING MANUFACTURER. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO PROVIDE AND CONSTRUCT A COMPLETE FOUNDATION PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS AND THESE SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: Thirty Eight Thousand Dollars (written in words) CONTRACTORS PORPOSED START DATE: $38,000.00 (wfi~eninnumbe~) within 10 days of award 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 of Southold within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the Contract. 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, during which time 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: (If Any) Addendum Number: Dated: Signature ~.~ ~~ Bidders of Bidder: ~ Address: Donald. J. O'~aanlon,~ President (63~) 744-0127 Telephone Number: Date: Carter-Melence, Inc. 104 New York Ave. P.O. Box 907 Sound Beach. NY 11789 June 4, 2009 Construction of a Now Concrete Foundation & Floor Slab System D-2 PROPOSAL FORM Date: June 4~ 2009 NAME of BIDDER: Telephone: (631) 744-0127 Carter-Melence, Inc, P.O. Box 907 Sound Beach, NY 11789 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 thereoP, that he has carefully examined the contract documents dated: May 21, 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 pereonal 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 at: Construction of a New Concrete Foundation & Floor Slab System for the Installation & placement of a New, 30' x 42' Clear Span Metal Building. To Be Located at: Southold Town Compost Facility, 6155 Cox Lane, Cutchogue, NY. 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 the work as directed by the Town, he will accept, in full payment thereof as listed below: Construction of a New Concrete Foundation & Floor Slab System D-1 .~TATFMFNT {3F NBN.{":.(')I I IIRI~N (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 for work or services performed or to be performed or goods sold or to be sold, shall contain the foltowing statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The pdces in this bid have been ardved 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 !n 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 olfler 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 Donald J. O'Hanlon, Presidentofthe Carter-Melenc% Inc. (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Construction of a New Concrete FOundation & Floor Slab System for the installation & placement of a New, 30' x 42' Clear Span Metal Building. and to include in such bid or proposal the certificate as to non-coll'usion required by section one-hundred- 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 4th June ,20 09 Board of Directors, held on the day of (SEAL OFTHE CORPORATION) Laws of New York, '1965 Ch. 751, Sec. '103-(:1, as amended & effective on September '1, '1965. Construction of a New Concrete Foundation & Floor Slab System C-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Carter-Melence, Inc. (Bidder) Certifies that: It intends to use the following listed construction trades in the work under the contract Carpenter, Laborer, Equipment Operator ; and, As to those trades set forth in, the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: as stated above as required .; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: as stated above as required ; and, it will obtain from each of its subcontractors and submit to the contracting or administe~ng agency prior to ~he award of any subcontractor under this contract the subcont~l~fi..~n ~u~hese Bid Conditions- Dona(d~ (Signature o'f'At~thorized Representative of Bidder) J. O'Hanlon, President Construction of a New Concrete Foundation & Floor Slab System E-1 ITEM # 1: GENERAL CONSTRUCTION: THE CONTRACTOR SHALL FURNISH AND CONSTRUCT A NEW CONCRETE FOUNDATION & FLOOR SLAB SYSTEM FOR THE INSTALLATION & PLACEMENT OF A NEW, 30' X 42' ' CLEAR SPAN METAL BUILDING. THIS PROJECT SHALL INCLUDE ALL EXCAVATION AND FORM WORK REQUIRED FOR ~ CONSTRUCTION OF A NEW FOUNDATION SYSTEM AS WELL AS THE SUPPLY AND INSTALLATION OF ALL STEEL REINFORCMENT AS SPECIFIED OR INDICATED. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO; THE FINAL GRADING AND COMPACTION OF ALL SUB-GRADE MATERIALS WITHIN TItE BUILDING FOOTPRINT PRIOR TO THE PLACEMENT OF THE NEW CONCRETE FLOOR SLAB AS WELL AS THE INSTALLATION AND PLACEMENT OF ALL NEW AND/OR REQUIRED ANCHOR BOLTS AS DETAILED AND/OR SPECIFIED BY THE BUILDING MANUFACTURER. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO PROVIDE AND CONSTRUCT A COMPLETE FOUNDATION PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS AND THESE SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SU1VI" OF: (written in words) CONTRACTORS PORPOSED START DATE: B t g- ooo (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 of S outhold within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered tohave-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, during which time 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: (If.,tny) Addendum Number: b,//~ Dated: Signature of Bidder: Telephone Number: Bidders Address: I Il Date: ConstructiOn of a New Concrete Foundation & Floor Slab System Michelle Simpson Notary Fublic, State of New York No.01SI6~97359 Qualified in Suffo k County Commission expires 09115/~0_L I D-2 PROPOSAL FORM Date: NAME of BIDDER: 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 ~n this proposal as pnncipals 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 ant without collusion or fraud, and that no person acting, for or employed by the aforementioneC owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to iL or ~n any portion of the profit thereof; that he has carefully examined the contract documents dated: May 21, 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 furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: Construction of a New Concrete Foundation & Floor Slab System for the Installation & placement of a New, 30' x 42' Clear SPan Metal Building. To Be Located at: Southold Town Compost Facility, 6155 Cox Lane, Cutchogue, NY. 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 the work as directed by the Town, he will accept, in full payment thereof as listed below: Construction of a New Concrete Foundation & Floor Slab System D-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: Certifies that: BIDDER,S CERTIFICATION (Bidder) It intends to use the following listed construction trades in the work under the contract ~,:~£ ,~ ~o~CP.-£Tf~ W~r~K/1-,~_4-~[5 ;and, As to those trades set forth in, the preceding paragraph one hereof forwhich it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ~ ,'~ F_ ;~ ~ o ~ ~ rz £ 'r-,¢_-- 1,,/~,~,~/ 'r-r~oz_.q ;and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ~, "~ ~ ~ ~o~-, ~ ,~ W'o ,'~ Jr.- / ?-,.z.4-.~ £~ ;and, It will obtain from each of its subcontractors and submit to the contracting or administering agency p~r t?)/'the awarj;I.?of~any~ubcontractor under this contract the subcontractor certifice/tfoy r.~?~'ed by t~/e/s~id~onditions. (S~ o[,~/orized~e~ent~tive of Bidder) COnstruction of a New ConCrete Foundation & Floor Slab System E-1 (To be completed by each Bidder) In accordance with Section 103-d General Mpnicipal 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 for work or services pedormed 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 true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (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 ether 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 J~[/1/t~' ~. /~/.~)~/J ,.J~ ofthe ~-1~4o gvJL~.y~ , ~. (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ConstrUction of a New Concrete Foundation & Floor Slab System for the installation & placement of a New, 30' x 42' Clear Span Metal Building. be and to include in such bid or proposal the certificate as to non-coll'usion required by section one-hundred- 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 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 /0 dayof /~/~A ,20~?. (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 75t, Sec. 103-d, as amended & effective on September 1, 1965. COnstruction of a New Concrete Foundation & Floor Slab System Michelle Simp~'.on No~ Public, State of New York No.0'ISI6P97359 ~ualified in Suffolk County . Commission expires 0911 S/~(~..~_[ ITEM # 1: GENERAL CONSTRUCTION: THE CONTRACTOR SHALL FURNISH AND CONSTRUCT A NEW CONCRETE FOUNDATION · - ~,~n~. t ru~ rROJECT SHALL INCLUDE ALL EXCAVATION AND FORM WORK REQUIRED FOR THE CONSTRUCTION OF A NEW FOUNDATION SYSTEM AS WELL AS TI~ SUPPLY AND INSTALLATION OF ALL STEEL REINFORCMENT AS SPECIFIED OR INDICATED. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO; THE FINAL GRADING AND COMPACTION OF ALL SUB GRADE MATER/ALS WITHIN THE BUll.nlNG FOOTPRINT PR/OR TO THE PLACEMENT OF THE .NEW CONCRETE FLOOR SLAB AS WELL AS THE INSTALLATION AND PLACEMENT OF ALL NEW AND/OR REQUIRED ANCHOR BOLTS AS DETAILED AND/OR SPECIFIED BY THE BUILDING MANUFACTURER. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATER/ALS TO PROVIDE AND CONSTRUCT A COMPLETE FOUNDATION PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS AND THESE SPECIFICATIONS. THE ABOVE REFERENCED AcT/ViTiES W/LL BE COMPLETED FOR THE STIPULATED "LUMP SUM- OF: writtefi In words) CONTRACTORS POP, POSED START DATE: (written ~n'numbers) And he further agrees that if this p~oposal 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 of Southold within the ten (10) days after notice of thc acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall Dc 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, during which time 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: (If. lny) Addendum Number: Dated: Signature ~- of Bidder: Telephone Number: _ Date: Bidders Address: 3 (.o EAST ST. Construction of a New Concrete Foundation 8, Floor Slab System D-2 PROPOSALFORM Date: _L~ - :~ -O q NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTEIOLD, NEWYORK 11971 MEMBERS OFTHEBOARD: The undersigned as bidder declares that the only persons company or part es nterested n this proposa as principals are named below; that this directlyproposa is made w thout any connection, or indirectly with any other bidder for the same work; that il is in all respects fair and without collusion (~r fraud, and that no person acting for or employed by the aforementioned Owner ~s 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 21, 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 reqmrements 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 at: Construction of a New Concrete Foundation & Floor Slab System for the Installation & placement of a New, 30' x 42' Clear Span Metal Building. To Be Located at: Southold Town Compost Facility, 6155 Cox Lane, Cutchogue, NY. 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 the work as directed by the Town. he will accept, in full payment thereof as listed below: Construction of a New Concrete Foundation & Floor Slab System D-1 (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 p~blic department, agency, or official thereof or to a fore distdct or any agency or official thereof for work 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 W such 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 behalf of any bidder certifies, and in the case of a joint bid, each Partv, 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 ardved at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any ether bidder or any competitor. (2) Unless otherwise required gy 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 ~)dor to opening, ttirectiy or indirectly, to any ether 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 himse(f regarding the accuracy of the statements contained in this certification, and under the ~tatements contained in this certification, and undbr 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 Dr proposal on behalf of the corporate bidder. RESOLUTION Resolved that ~06~- I-rz~<o ~c~zz_ of the ~o,~;,-p.~c'ne4 C~,~suj. zcr,j-rS L~ I'O¢. be (Name Of signatory) (Name of Corpotatior~) authorized to sign and submit the bid or proposal of this corporation for the following Project: ' Construction of a New Concrete Foundation & Floor Slab System for the installation & placement of a New, 30' x 42' Clear Span Metal Building. and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred- three~d (103-d) of the General Municipal Law as the acl and deed of such corporation and for any inaccuracies or miss-statements in such certificate this corporate bidder'shall be liable under the 2enalties of perjury. The foregoing is true and Correct copy of the resolution ad~)pted by corporation at a meeting of the Board of Directors, held on the __ .,2,..Mb dayof Qu-,,..,,s.. ,20 O~ . (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 75t. Sec. 103-cl, as amended & effective on September 1, 1965. Construction of a New Concrete Foundation & Floor Slab System C-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLE I ~-D BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: Certifies that: BIDDER'S CERTIFICATION (Bidde(') It intends to use the following listed construction trades in the work under the contract A. As to those trades set forth in, the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan those trades being: g;~'~ ~"~*~"- ; and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency pdor to/Af~e award of any subcontractor under this contract the subcontractor certificati0 n~it!o,ns.~_' (Signat~,pC'Authori~zea r~epresen~ative of~dder) Construction of a New Concrete Foundation & Floor Slab System E-1 June 4, 2009 KJB Industries Inc 14 Center Dr Riverhead NY 11901 Dear Sirs: Enclosed herewith is your unopened Se~ed Bid for the Compost Building Foundation. The bid opening was 10 00 A M. ~n.J~pe 4, 2009 and your FedEx envelope was not received until 10:45 A.M. 6fi ~h/~t~ ~accordance with the bid requirements your bid could not be included. V~ truly yours, Eind0 J. Cooper '!ili~il Depu!y~own Clerk I~IB INDUSTKIES INC. 14 CENTER DPdVE KIVERHEAD, NY 11901 RECEIVED JUN, 4 ~0(~} Southold Town Clerl~ Invitation to Bid CONSTRTUCTION of a New 30' x 42' Reinforced Concrete Foundation & Floor System ATTHE SoUthold Town Compost, Facility 6155 COX LANE CUTCHOGUE, NEW YORK 11935 Date: May 21, 2009 SOUTHOLD TOWN ENGINEERING DEPARTMENT soUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD LEGAL NOTICE, NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for a reinforced concrete foundation and floor slab for a clear-span metal building to be erected at the Southold Town Compost Facility. Specifications and bid proposal form may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, PO Box 1179, 53095 Main Road, Southold, New York 11971. The sealed bid, together with a Non-collusive Bid Certificate and bank draft or certified check in the mount of $100.00, will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, June 4, 2009 at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Reinforced Concrete Foundation", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, fi.om which the Town of Southold is exempt. Dated: May 19, 2009 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASEPUBLISH ON May 21~ 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 Suffolk Times Town Board Members Town Attorney Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board Solid Waste Coordinator Bunchuck PROJECT DESCRIPTION Construction of a New Concrete Foundation & Floor Slab System for the Installation & placement of a New, 30' x 42' Clear Span Metal Building. To Be Located at: Southold Town Compost Facility, 6155 Cox Lane, Cutchogue, NY. 11935 This project shall include all Excavation and Form work required for the construction of a new Foundation System as well as the supply and installation of all Steel Reinforcing Bar Material as specified or indicated. The Contractor shall be responsible for the final grading and compaction of all materials within the building footprint prior to the placement of the New Concrete Floor Slab. The installation and placement of all new and/or required anchor Bolts shall be as detailed and/or specified by the Building Manufacturer. The Town'of Southold will be responsible for Surveying and the setting of grade stakes. The Town of Southold will also be responsible for the removal of the existing wearing surface or bedding materials, These bedding materials consist of a 12" lift of RCA Blend placed over Filter Cloth. The removal of this item shall be completed to an approximate width of 4' that is centered over the line of new foundation. The remaining excavation work is the responsibility of the Contractor. The Contractor and his/her employees shall be granted access to the Project Site dudng the normal working hours of the Town Collection Center. All Site access shall be coordinated with the office of Jim Bunchuck, Solid Waste Coordinator, prior to commencement of the work. [734-7685] All work shall be completed in a timely manner and the operation and storage of all equipment and materials shall be as directed by Mr. Bunchuck. The Town of Southold shall be responsible for all Permits and Approvals from all agencies having control or jurisdiction over the work described herein. REQUESTS FOR FURTHER INFORMATION & ALL INQUIRIES SHOULD BE ADDRESSED TO THE ARCHITECT ~ THE SOUTHOLD TOWN ENGINEERING DEPARTMENT: Attention: James A. Richter, RA (631) 765 - 1560 Southold Town Hall P. O. Box 1179, 53095 Main Road Southold, New York 11971 Jamie.richter~town.southold.ny.us The foregoing project description is provided for general information only. It is not a part of · the contract documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings contained herein. INDEX TO SPECIFICATIONS Leaal Notice: May 19, 2009 Project Description IndeX to Specifications BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Statement of Non-Collusion .Proposal Form. N.Y.S. Affirmative Action Certification GENERAL CONDITIONS A - 1 through A - 1 B - 1 through B - 2 C - 1 through C - 1 D - 1 through D - 2 E - 1 through E - 1 AIA General Conditions Supplementary General Conditions Prevailing Wage Rates Payroll Certification forms Compliance with the Labor Law & Other Dept. of Labor Regulations Non-Discrimination Clause AIA Document # A201 F - 1 through F - 2 Section: H I - 1 through I - 2 J - 1 through J -8 K - 1 through K - 2 DIVISION ONE - GENERAL REQUIREMENTS Summary of Work 1010 - 1 through 1010 - 1 Construction Facilities & Temporary Controls Substitutions Site Preparation Earthwork DIVISION THREE - CONCRETE Concrete Work Concrete Reinforcement Cast in Place Concrete INDEX TO DRAWINGS 1500 - 1 through 1500 - 1 1600- 1 through 1600-2 2100 - 1 through 2100 - 1 2200: 1 through 2200 - 2 3100 - 1 through 3100 - 2 3200 - 1 through 3200 - 1 3300 - 1 through 3300 - 3 CIVIL SP-i: ARCBI'I'I~X~'t'tlRAL F-l: F43: F4: SITE PLAN ANCHOR BOLT PLAN - (for Additional information, See -Building Manufacturers Plans & Specifications} FOUNDATION PLAN PLAN & SECTION DETAILS PLAN & SECTION DETAILS PLAN & SECTION DETAILS Construction of a New Concrete Foundation & Floor Slab System INVITATION TO BID PROJECT: Construction of a New Concrete Foundation & Floor Slab System for installation & placement of a New, 30' x 42' Clear Span Metal Building. This project shall include all Excavation and Form work required for the construction of a new Foundation System as well as the supply and installation of all Steel Reinforcing Bar Material as specified or indicated. The Contractor shall be responsible for the final grading and compaction of all materials within the building footprint prior to the placement of the New Concrete Floor Slab. The installation and placement of all new and/or required anchor Bolts shall be as detailed and/or specified by the Building Manufacturer. 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 supply and installation of seventeen overhead garage doom 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 10:00 AM, 4th June 2009. Day Monl~ Year All specifications are provided herein: drawings 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 pedod. Please adviSe if you intend to bid or not. Dated: May 19, 2009 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville- Southold Town Clerk Construction of a New Concrete Foundation & Floor Slab System INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in stdct accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the pdce for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, o.r 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 writing 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" beadng title of work, and Bidders Name. No proposal shall be considered which has not been received by the- Southold Town Clerk prior to the hour and date stated. B. 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. Should a 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 pedod 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 any technical error, to accept any bid, or to reject any or all bids. 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 writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract as stipulated herein. Construction of a New Concrete Foundation & Floor Slab System B-1 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 retumed ~to him unread. F. REJECTION OF PROPOSALS The Town reserves the dght 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 accompanied by an insufficient or irregular certified check or bidder's bond bay be .rejected, any proposal having interlineations, erasure or corrections may be rejected. G. 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 I6) 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. H. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work as soon as practical but no later than the date, as specified by the Contractor, on the proposal form. Construction of a New Concrete Foundation & Floor Slab System B-2 RT~TI=MI=MT hi= Idnld.~nl I IIRInld (To be completed by each Bidder) In accordance with Section 103-d General Mpnicipal 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 for work 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 by such 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 behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been ardved 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 pemon, partnemhip, 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 Construction of a New Concrete Foundation & Floor Slab System for the installation & placement of a New, 30' x 42' Clear Span Metal Building. and to include in such bid or proposal the certificate as to non-colrusion required by section one-hundred- three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any i~inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties f perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Director~, held on the day of ,20 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. t03<1, as amended & effective on September 1, 1965. Signature Construction of a New Concrete Foundation & Floor Slab System C-1 PROPOSAL FORM Date: NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OFTHEBOARD: The undersigned as bidder, declares that the only persons, company, or parties intereste¢ 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 2t, 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 furnish all.materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: Construction of a New Concrete Foundation & Floor Slab System for the Installation & placement of a New, 30' x 42' Clear Span Metal Building. To Be Located at: Southold Town Compost Facility, 6155 Cox Lane, Cutchogue, NY. 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, Southolc[, 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: Construction of a New Concrete Foundation & Floor Slab System D-1 ITEM # 1: GENERAL CONSTRUCTION: TI:I~ CONTRACTOR SHALL FURNISH AND CONSTRUCT A NEW CONCRETE FOUNDATION & FLOOR SLAB SYSTEM FOR THE INSTALLATION & PLACEMENT OF A NEW, 30' X 42' CLEAR SPAN METAL BUILDING. THIS PROJECT SHALL INCLUDE ALL EXCAVATION AND FORM WORK REQUIRED FOR THE CONSTRUCTION OF A NEW FOUNDATION SYSTEM AS WELL AS THE SUPPLY AND INSTALLATION OF ALL STEEL REINFORCMENT AS SPECIFIED OR INDICATED. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO; THE FINAL GRADING AND COMPACTION OF ALL SUB-GRADE MATERIALS WITHIN THE BUILDING FOOTPRINT PRIOR TO THE PLACEMENT OF THE NEW CONCRETE FLOOR SLAB AS WELL AS THE INSTAl,! ,&TION AND PLACEMENT OF ALL NEW AND/OR REQUIRED ANCHOR BOLTS AS DETAILED AND/OR SPECIFIED BY THE BUILDING MANUFACTURER. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO PROVIDE AND CONSTRUCT A COMPLETE FOUNDATION PROJECT.IN ACCORDANCE V~ITH THE CONTRACT DOCUMENTS AND THESE SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SiftS' OF: (written in words) (written in' numbers) CONTRACTORS PORPOSED START DATE: 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 of Southold within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the Contract. We the undersigned, further agree that this proposal is a formal bid and shall remain ~n effect for a period of forty-five (45) days, during which time the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the followng addenda: (If,4ny) Addendum Number: Dated: Signature Bidders of Bidder: Address: Telephone Number: Date: Construction of a New Concrete Foundation & Floor Slab System D-2 NEW YORK STATE AFFIRMATIVE ACT, ION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will'be deemed a part of the resulting contract: BIDDER!S CERTIFICATION Certifies that: (Bidder) 1. It intends to use the following listed construction trades in the work under the contract ; and, As to those trades set forth in. the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: .; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minodty man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency pdor to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) COnstruction of a New Concrete Foundation & Floor Slab System E-1 H E A M E R I C A N i N S T ! T U T E 0 F ARCH I T E C T S AIA Document A201 General Conditions of the Contract .for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED 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 1 1. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, I951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006. Reprori~ction of the material herein or substanti~il quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject tO legal prosecutions. ~ CAUTION: You should use an original AIA document which has Ibis caution printed in red. An original assures t. hat changes will not be obscured as may occur when documents are reproduced. AIA OOC~ENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ', FOURTEENTH EDITION AIAe * ©I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASH[NGTON, DC. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to isgal prosecution. A201-1987 I INDEX Acceptance of Nonconforming Work ......... ~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 Access to Wonk ........................... $,15,6.2.1,12.1 Accident Prevention ..............................4.2.3, 10 ActsandOmissions ... 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, Additional Cost, Claims for ......... 4.3.6,4.3.7,4.3.9,6.1.1,10.3 Additional Inspections and Testing ....... 4.2.6,9.8.2, 12.2.1, 13.5 Additional Time, Claims for...; ......... 4.3.6, 4.3.8, 4.3.9, 8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3, 4, 9.4, 9.5 Advertisement or Invitation to Bid ...................... 1.1.1 Aesthetic Effect ............................... 4.2.13,4.5.1 Allowances ........................................ 3.8 Ail-risk Insurance ................................. 11.3.1.1 Appllcaflons for Payment .. 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3, Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, Arbitration ..................... 4.1.4,4.3.2,4.3.4,4.4.4,4,8, Archltact .... ~ .................................... 4.1 Architect, Definition o f ..............................4.1.1 Architect, Extent of Authority ........ 2.4, 3.12.6, 4.2~ 4.3.2, 4.3.6, Architect, Limitations o f Authorit y and Responsibility. 3.3.3,3.12.8, Architect's Adthtionai Services and Expenses .......... 2.4,9.8.2, Architect's Administration of the Contract .......... 4.2,4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Approvals 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 Architect's Authority to Reject Wodi .... 3.5.l,4.2.6, 12.1.2, 12.2.1 Architect '$ Copytight ................................. 1.3 Architect's Inspections ........... 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, Architect's Interpretations ................. 4.2.11,4.2.12,4.3.7 Architect's On-Site ObservaOons ....... 4.2.2,4.2.5,4.3.6,9.4.2, Architect's Project Representative ..................... 4.2.10 Architect's Relationship with Cont factor ....... 1.l.2,3.2.1,3.2.2, Architect's Relationship with Subcontractors .... 1.1.2,4.2.3,4.2.4, Architect's Represemations ................ 9.4.2,9.5.1,9.10.1 Archit ect'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 Contmcta for Portions of the Work .............................. 5.2 Basic Definitions ................................... 1.1 Botlor and Machlne~/Insurance ..................... 11.3.2 Bonds, Lien ...................................... 9.10.2 Bonds, Performanceand Payment ..... 7.3.6.4,9.10.3, 11.3.9, 11.4 Building Permit .................................... 3.7.1 Capitalization ....................................... 1.4 Certificate of Substantial Completion .................... 9.8.2 Certiticatas for Paym®nt ....... 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 Certificates of Inspection, Testing or Approval ..... 3.12.1t,13.5.4 Certificates of Insurance .................. 9.3.2,9.10.2, 11.1.3 Clmllg~ Ordors ...... 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, Definition o f .......................... 7.2.1 Change~ ........................................... 7.1 CHANGESIN THE WORK .... 3.11, 4.2.8,7, 8.3.1,9.3.1.1, lo.1.3 Claim, Definition of ................................. 4.9.1 Ciclm$ and Dlsputas ................ 4.3,4.4,4.5,6.2.5,8.3.2, 9.3.1.2, 9.3.3, 9. t0.4, 10.1.4 Claims and Timely Aasertlon of Claims ................ 4.5.6 Claims for Additional Co~t ........ 4.3.6,4.3.7,4.3.9,6.1.1, 10.3 Claims for Additional Time ............ 4.3.6, 4.3.8, 4~3.9, 8.3.2 Claims for Concealed or Unknown Conditions ........... 4.3.6 Claims for Damages... 3.18, 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 Cleaning Up ................................... 3.15,6.3 Commencement of Statutory Limitation Period .......... 13.7 Commencement o f t he Work, Conditions Relating to ....... 2.1.2, 2.2.l, 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, Conthtions Relating to ....... 3.11,3.15,4.2.2,4.2.9, 4.3.2, 9.4.2, 9.8, 9.9.1, 9.10, 11.3.5, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND .........................9 Completion, Substantial ......... 4.2.9, 4.3.5.2, 8.1. l, 8.1.3, 8.2.3, 9.8, 9.9.], 12.2.2, 13.7 Compliance with Laws ...... 1.3, 3.6, 3.7, 3.13, 4. l.l, 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 the Contract .................. 1.1.1,1.1.7,6.1.1 Consent, 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, ll.3.1.4,'11.3.11, I3.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4,6 Construction Change Directive, De finition of .............. 7.3.1 Construction Change Dlmctivas .... l.l.1,4.2.8, 7.1,7,3, 9.3.l.1 Const ruction Scliedules, Contractor's ............... 3.10,6. l.3 Contingent Aaslgnment of Subcordmcta ................ 5.4 Continuing Contract Pedormance .................... 4.3.4 Contract, Definition of ............................... 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.7,5.4.1.1,14 Cont tact Administration ..................... 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 Documenta, The ....................... 1.1, 1.2, 7 Contract Documents, Copies Furnished and Use of.. 1.3,2.2.5,5.3 Contract Documents, Definition of ..................... 1.1.1 Contract Per formance During ArbSration ............ 4.3.4,4.5.3 Contract 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, I 1.3.1, 12.2.4, 12.3, 14.2.4 Contract Sum, Definition 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 Cont tact Time, Definition o f_ ........................ 8.1,1 2 A201-1987 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 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject lo legal prosecution. CONTRACTOR ....................................... 3 Contractor, Definition o f ........... . .............. 3.1,6.1.2 Contrector'a Construction Schedules ............. 3,10, 6.1.3 Contractor's Employees ....... 3.3.2, 3.4.2, 3.8.1,3.9, 3.18, 4.2.3, Contractor'e Uablllty Insurance ....................... 11,1 Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6,3.12.5,3.14.2,4.24,6, 12.2.5 Contractor's Relationship with Subcontractors ....... 1.2.4, 3.3.2, Contractor's Relationship with the Architect .... 1.1.2,3.2.1,3.2.2, Contractor's Representations.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Contractor's Responsibility for Those Performing the Work ................. 3.3.2, 3.18, 4.2.3, 10 Contractor's Review o f 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 Submittals ....... 3. I0, 3.11,3.12, 4.2.7, 5.2.1, 5.2.3, 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 Liability 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 Specifications . .. 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 Costs .... 2.4,3.2.1,3.7.4,3.8.2,3.15.2,4.3.6,4.3.7,4.3.8.1,5.2.3, Cutting and Petchlng ........................... a.14, 6.2.6 Damage to Constr~ction of Owner or Separate Contractors 3.14.2, Damage to the Work ..... 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for.. 3.18, 4.3.9, 6.1.1,6.2.5, 8.3.2, 9.5.1.2, 10~ 1.4 Damage..s for Delay .................... 6.1.1,8.3.3,9.5.1.6,9.7 Date of Commencement of the Work, Dei~nition of ......... 8.1.2 Date of Substantial Completion, Definition o f .............. 8.1.3 Day, Definition of ................................... 8.1.4 Decisions o f the Architect ...... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, Decision8 to Withhold Cerllflcation .......... 9.5,9.7, 14.l.1.3 Defective or Nonconforming Work, Acceptance, . Rejection and Correction of ............ 2.3, 2.4, 3.5.1,4.2.1, Defective Work, De finition o f ......................... 3.5.1 Delay8 and Extensions of 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 Samples at the Site ...................... 3.11 Drawings, De finition of .............................. 1.1.5 Drawings and 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 Emergencies ................................. 4.3.7,10.3 Employccs, Contractor's .......... 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, Execution and Progress of the Work ....... 1.1.3, 1.2.3, 3.2, 3.4.1, Execution, Correlation end Intent of the Contract Documents .......................... 1,2, 3.7.1 Extensions o f Time ............. 4.3.1,4.3.8,7.2.1.3,8.3,10.3.1 Fafiure o f Payment by Cont factor .............. 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 ................... )1.3 GENERAL PROVISIONS ................................ 1 Governing Law .................................... 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials ............................ 10.1, 10.2.4 Identification of Contract Documents ................... 1.2.1 Identification of Subcontractors and Suppliers ............. 5.2.1 Information end Services Required of the Owner ..... 2.1.2,2.2, InJu~/or Damage to Perecn or Property ................ 4.8.9 Inspections ......................... 3.3.3,3.3.4,3.7.1,4.2.2, Instructions to Bidders ............................... 1.1.1 lrkstructions to the Contractor .... 3.8.1,4.2.8,5.2.1,7,12.1,13.5.2 In~Jrence, Boiler and Machinery .................... 11.3.2 Inlurance, Contrector'e Liability ...................... 11.1 Insurance, Effective Date of ..................... 8.2.2,11.1.2 Io.urance, Loa~ of Use ............................. tl.3.3 In~urence, Owner'e Liability .......................... 11.2 Insurence, Property ........................... 10.2.5, 11.3 Insurance, Stored Materials ..................... 9.3.2, ]1.3.].4 INSURANCE AND BONDS ............................. 11 Insurance Companies, Consent to Partial Occupancy . . 9.9.1, 11.3.11 Insurance Companies, Settlement with ............... 11.3.10 Intent of the Contract Documents ................ 1.2.3,3.12.4, Interest ........................................... 13.6 Interpretations, Written .................. 4.2.1 l, 4.2.12, 4.3.7 Joinder and Consolidation o f Claims Required ............. 4.5.6 Judgment on Final Award ................ 4.5.1,4.5.4.1,4,5.7 Labor end Mateltals, Equipment .... 1.1.3, 1.1.6,3,4,3.5.1,3.8.2, Labor Disputes ..................................... 8.3.1 Laws and Regulations ....... 1.3, 3.6, 3.7, 3.13, 4.1.1,4.5.5, 4.5.7, Umltaflon on Consolidation or Jolnder ................ 4.5.5 Limitations, Sratutes of ................ 4.5.4.2, 12.2.6, 13.7 AIA DOCUMENT A~O1 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · © 1987 THE AMER[CAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C 20OO6 WARNING: Unlicensed photocopying violates [L6. copyright laws and Is subject to legal prosecution. A201-1987 3 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, Lose of Usa Insurance .............................11.3.3 Material Suppliers .............. 1.3.1,3.12.1,4.2.4,4.2.6,5.2.1, Materials, Hazardous ........................... 10.1, 10.2.4 Materials, Labor, Equipment and ..... 1.1.3,1.1.6,3.4,3.5.1,3.8.2, Means, Methods, Techniques, Sequences and Procedures of Const ruction ...... :... 3.3.1,4.2.3,4.2.7,9.4.2 Minor Changse In the Work .......... 1.1.1, 4.2.8, 4.3.7, 7.1, ?.4 MISCELLANEOUS PROVISIONS ........................ 13 Modifications, Definition of ........................... 1.1.1 Modifications to the Contract ........... 1.1.1, 1.1.2, 3.7.3, 3.11, Mut~lel Responsibility ................................ 6,2 Nonconforming Work, A¢ceptaooe of .................. 12.3 Noncon forming Work, Rejection and Correction o f ........ 2.3.1, Notlca~ Wrtttefl ............... 2.3,2.4,3.9,3.12,8,3.12.9,4.3, Notice o f Testing and Inspections ................ 13.5.1,13.5.2 Notice to Proceed ................................... 8.2.2 Notlce~, Perlttlt~, Fees and ...... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 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, 3.9, 4.3.7, 7, 8.2.2, 11.3.9, 12.1, OWNER ............................................. 2 Owner, Definition of ................................. 2.1 Owner, Iflformatlofl and Services Required of the ........ 2.1.2, Owner's Authority ......... 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.41, Owner's Financial Capability ................... 2.2.1, 14.1.1.5 Ownor'a Liability Insurance .......................... 11.2 Owner's Loss of Use Insurance ........................ 11.3.3 Owner's Relationship with Subcontractors .............. 1.1.2, Owner's Right to Carry Out the Work ........ 24, 12.2.4, 14.2.2.2 Owner's Right to Clean Up ........................ 6.3 Owner's Right to Perform Construction and to Award Separate Contracts ................ :.: ...... 6.1 Owner's Right to Stop the Work ................... 2.3,4.3.7 Owner's Right to Suspen. d thc Work . .................... 14.3 Owner's PAght to Terminate the Contract ................. 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Decuments ................ 1.1.1, 1.3, 2.2.5~ 5.3 Parflal Occupancy or Use ................. 9.6.6, 9.9, ] ! .3.1 ] Patching, Cutting and .......................... 3.14,6.2.6 Pefent~, Royalties and .............................. 3.17 Payment, Applications for ................ 4.2.5,9.2,9.3,9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 Payment~ Cartiflcatea for ........... 4.2.5, 4.2.9, 9.3.3, g.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 Payment, Fallurs of .......................... 4.3.7,9.5.1.3, g,?, 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 Bond, Performance 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.]0.3, ]3.6, 14.2.3 PAYMENTS AND COMPLETION ...................... g, 14 Payments to Subcontractors ................... 5.4.2,9.5.l.3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2 PCB ............................................. lO.1 Performance Bond and Payment Bond ................. 7.3.6.4, 9.10.3, 11.3.9, 11.4 Permits, Fees and Notlcse ....... 2.2.3,3.7,3.13,7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlorinated Biphcnyl ............................. 10.1 Product Data, Defhlitlo~l of ........................... 3.12.2 product Defa and Samplse, Shop Drawings .... 3.11,3.12,4.2.7 Progrese and Compleflon ................... 4.2.2,4.3.4,8.2 Progrese Payments . ..: ........................ 4.3.4,9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 Prcje¢t, Definition o f the ............................. 1.1.4 Project Manual, Definition o f the ...................... 1.1,7 Project Manuals ....................................2.2.5 Project Representatives ............................. 4.2.10 Property Insurance .......................... 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and Laws ............ 1.3, 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 Rejection of Work ......................... 3.5.1,4.2.6, 12.2 Releases o f 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.I.1,3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Resolution of Claims end Disputes .................. 4.4,4.5 Responsibility for Those Performing the Work ............ 3.3.2, 4.2.3,6.1.3, 6.2, 10 Retainage ............... 9.3.1,9.6.2,9.8.3,9.9. l,9.10.2,9.10.3 Review of Contract Documents and Field Conditions by Contractor ............ ].2.2, 3.2, 3.7.3, 3.12.7 Review of Contractor's Submittals by Owner and Architect ............. 3.10.1,3.10.2,3.11,3.12, 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 Cont rector ........................ 3.12.5 Rights and Remedies ............ 1.1.2,2.3, 2.4, 3.5.1,3.15.2, 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 Royalfies and Patents ............................. .. 3.17 4 A201-1987 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 Rules end Notices for Arbitration ..................... 4.5.2 Safety of Persons end Property ....................... 10.2 Safety Precautions and Programs ........... 4.2.3,4.2.7,10.1 Smnplcs, Definition o f .............................. 3.12.3 Semplee, ShopDrawinga, Product Dete and ... 3.11,3.12,4.2.7 Samples at the Site, Documents end ................... 3.11 Schedule of Values ............................. 9.2,9.3.1 Schedule~, Cor~truction .............................. 3.10 Separate Contracts and Contractors .......... 1.1.4, 3.14.2, 4.2.4, Shop Drawings, DeFinition of ......................... 3.12.1 Shop Drawings, Product Date end Samplea .... 3.11,3.t2, 4.2.7 Site, Useof .............................. 3.13, 6.1.I, 6.2.1 Site Inspections ... 1.2.2, 3.3.4, 4.2.2, 4.2.9, 4.3.6, 9.8.2, 9.10.I, 13.5 Site Visits, Architect's ................. 4.2.2, 4.2.5, 4.2.9, 4.3.6, Special Inspections and Testing ............. 4.2.6, 12.2.1, 13.5 Specifications, Definition of the ...................... 1.1.6 Statutes 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 StoredMatcdals ........... 6,2,1,9,3,2, 10.2,l,2, 11.3,1.4, 12.2.4 Sub¢omractor, Definition o f ........................... 5,1,1 SUBCONTRACTORS .................................. 5 4.2.3, 5.3, 5.4 Sub~ontra¢teel Relations .............. 9.3, 5.4, 9.3.1.2, 9.6.2, Subrogation, Waivers of ................. 6.1.1, 11.3.5, 11.3.? .Substantial Completion ............. 4.2.9, 4.3.5.2, 8.1 .l, 8.1.3, Substantial CompleOon, Definition o f .................... 9.8.1 Substitution of Subcontractors .................... 5.2.3,5.2.4 Substitution of the Architect ............... : ........... 4.1.3 Substitutions o f Materials ............................. 3.5.1 Sub-subcontractor, Definition o f ....................... 5.l.2 Subsurface Conditions ............................... 4.3.6 Successors and Assigns ............................ 13.2 Superintendent ............................... 3.9, I0.2.6 Supen4slon and Construction Procedures ...... t.2.4, 3.3, 3.4, 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 Suspension of the Work ............. 4.3.7, 5.4.2, 14.1.1.4, 14.3 Suspension or Termination o f the Contract ...... 4.3.7,5.4.1.1, 14 Taxee ...................................... 3,6, 7.3.6.4 Termlnedon by the Contractor ........................ 14.1 Temtlnaflon by the Owner for Cause ..... : ....... 5.4.1.1,14.2 Termination of thc Axcbitcct .......................... 4.1.3 Termination o f the Contractor ........................ 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Tests and Inspections ..... 3.3.3, 4.2.6, 4.2.9,9.4.2, 12.2.1,13.5 TIME ............................................... 0 Time, Delays and Extensions of .............. 4.3.8, 7.2.1,0.3 Time/imlte 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 UNCOVERING AND COFIRECTION OF WORK ............. 12 Uncovedng of Work ................................ 12.1 Use of Documents ................. 1.1.1, 1.3, 2.2.5, 3.12.7, 5.3 Use of Site .............................. 3.13,6.1.1,6.2.1 Values, Schedule of ............................ 9.2,9.3.1 Waive~ of Claims: Final Payment ........... 4.3.5, 4.5.1, 9.10.3 Waiver of Claims by thc Architect ...................... 13.42 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 Warranty and Warranties ......................... 3.5, 4.2.9, Weather Delays ................................... 4.3.8.2 When Arbtimtlon May Ba Demanded .................. 4.5.4 Work, Deftnition of ................................. 1.1.3 Written Consent .............. 1.3.1,3.12.8,3.14.2,4.1.2,4.3.4, Writ ten Interpret ations ................... 4.2.11,4.2.12,4.3.7 Wrtiten 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 DOCOMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AiA® · ~I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W.WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DERNITIONS 1.1.1 THE CONTRACT OOCUMENTS 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 Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) 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 Constmction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written 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 any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entifled 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 services 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 the 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 the graphic and pictorial portions of 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 Spe&dications are that portion of the Contract Documents consisting of the written requirements for materials, 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 Contract 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- merits 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 if 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 being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and ~gement of Drawings shall r~ot 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 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 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 supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain afl common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof fi~ruished 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 AIA DOCUMENT A201 * GENEKAL CONDITIONS OF THE CONTKACT FOR CONSTRUCTION * FOURTEENTH EDITION 6 A201-1987 A~® * ~ 1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C 20006 WARNING: Unlicensed photocopying violates U,S. copyright 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- ings, Specifications and other documents 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, Sub~nittal 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 rese[ved 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. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- des such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 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, f~rnish to the Contractor reasonable evidence that l'mancial 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, ~the prospective contractor would not be required to execute the Agreement or to commence the Worle.] 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 permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2~5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing :)ce in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor falls 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 an 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 not give rise 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 Documents and fails within a seven-day period aRer receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven<lay period give the Contractor a second written notice to correct such deficiencies within a second seven-day period. If the Contractor within such second seven- day period afxer 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 deft- 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 Contractof are both subject to prior approval of the Archi- tect. If payments then or thereafier 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 thc 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. AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION A[A® · ©1987 THE AMERICANINSTITUTE OFARCHITECTS, 1735NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal p~osecution, A201-1987 7 3.2 REVIEW O~ CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the 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 Arb~hitect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors; inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect, If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 Thc Contractor shall supervise and direct thc Work, using thc Contractor's best skill and attention. Thc Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of thc Work under thc Con- tract, unless Contract Documents give other specific instruc* tions concerning these matters. 3.3.2 Thc Contractor shall bc responsible to the Owner for acts and omissions of thc Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of thc Work under a contract with thc Contractor. 3.3.3 ~Fhc Contractor shall not bc relieved of obligations to per- i~orm thc Work in accordance with the Contract Documents * either by activities or duties of the Architect in thc Architect's administration of thc Contract, or {Dy tests, inspections or approvals required or performed by persons other than thc Contractor. 3.3.4 Thc Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to tictcr- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in thc Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. $.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be flee from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents, Work not conforming to these require- ments, 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 3.7.1 Unless 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 regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall prompdy notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 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 objection. 3.5,2 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 /UA DOCUMENT A201 '. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION Ats® · ©1987 THE AMERICAN INSTITUTE OFARCH[TECTS, 1735 NEW YORK AVENUE, NW. WASHINGTON, D.C 20006 WARNING: Unlicensed photocopying violates tLS. copyright laws and is subject to legal p~osecution. ,3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowani:es, 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 Chuse 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 dtning performance of the Work. The 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 afier 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 Project, shall be related to the entire Project to the extent required by the Con- tract Documents, 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- nated with the Contractor's construction schedule and allows the ArchRect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 Thc Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked Currently to record changes and selections made during construction, 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 :md 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 furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples 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- mittals are not Contract Documents. The purpose of their sub- mittal 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 si~iiar 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- tat 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 responsibility 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 submittals, 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 performance 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 or 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 such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA~ · ©I987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, NW,WASHINGTON, DC. 20006 A201-1987 9 Owner or a separate contractor except with written consent 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 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- il~g axea free from accumulation of waste matefmls or rubbish caused I~y 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, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor falls to clean up as provided in the Contract Documents~ the Owner 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 AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall bold 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 infffmgemem of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.15 iNDEMNIFICATION 3.18.1 To the fullest 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 against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, 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 destruction of tangible prop- erty (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 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 claims 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 indemnilica- tion obligation under this Paragraph 3.18 shall not be limited by a .fimitation 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. 3.18.3 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 them 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 instructions by the Archltect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary 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- tified as such in the Agreement and is referred to throughout the Contract Documents as ff 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 consent 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 objection 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 Thc Architect will provide administration of the Contract as described in the Contract Documents, and v/ri 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 described 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 instmment in accordance with other provisions of the Contract. 4.2.2 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 5York 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 confInuous 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 wtll 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 Paragraph 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 or charge of and will not be responsible for acts or omissions of the COn- 10 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION" FOURTEENTH EDITION AIA® · © 1907 TH E AMERICAN INSTITUTE DE ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prose~ution. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications FscllitstJng Contract Administra- tion. Except as otherwise provided in the 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.t; 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 will 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 or 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, Subcontractors, 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 appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance ~ith information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able proml~tness 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 professional 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, alt 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 otherx~tse specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shal~ not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders 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 final 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 pmject representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concem- lng performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made 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 not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. 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 relat- ing 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 the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 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) the 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 a~bitration 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 Limits 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 the claimant first recognizes the condition giving rise to the Claim, whichever 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 be considered unless submitted in a timely manner. AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION A[A® · ©I987THEAMERICAN1NSTlTUTEOFARCHITECTS. 1735NEWYORKAVENUE. N.W,WASHINGTON. DC. 200~6 WARNING: Unlicensed photocolaltlng violates U.S. copyright ~ and is subject to legal prosecution. A201-1987 11 4.3.4 Continuing Contract Perfonnence. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing 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 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising frgm: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .3 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.8 Clalme for Concealed or Unknown CondlSons. If con- ditions are encountered at the site which axe (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 constmction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party prompfl}~ 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 materially 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 Architect 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 justified, 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. 4.3.7 Clalme for Addltlol~ll Co~t. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided here:tn shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Pata- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (I) 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 Clalme for Additional Time 4.3.3.1 If the Contractor wishes to make Claim for an increase in 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. 4.3.8.2 If adverse 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 had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either part7 to the Contract suffers injury 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 agents, 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 is to be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4,4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the follo~,~mg preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject die Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compmmise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved afi~r consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Constl~Jction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or 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 the Architect 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 4.3 and no decision has been rendered. AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEEN'ITel EDITION 12 A201-1987 AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, DC 20006 4,5.2 Rules end Notices for ACoitratlon. ~ ~tween t~ Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Constr~crion Industry Arbitration Ruk~ of the American Arbitration Association cur- rently in effect, unle~ the parries mutually agree otherwise. Norice of demand for arhitrarion shall be f~led 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. 4.5.3 Contract Perfmmance During arbltratlon. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Atultratlon MayBe Comendnd. Demand for arbi- trarion of any Claim may not be made until the earUer of (1) the date on which the Architect has rendered a Final written der- 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 lmal written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is lmal 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 which the party making the demand receives the f'mal written derision, 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 ail parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits spec{fled 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 afxer the date when insritution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitarions as determined pursuant to paragraph 13.7. 4.5.5 LimltMIon on Consolld-#on or Jolnder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidarion or joinder 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 enrity 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 addirional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a 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 end Timely Ases~on of Claims. A party who files a notice of demand for arbitrarion must assert in the demand all Claims then known to that party on which arbitra- rion is permitted to be demanded. When a party 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 permit amendment. 4.5.7 Judgment on final Award. The award rendered by the arbitrator or arbitrators 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 DEFINITIONS 5.1.1 A Subcontractor is a person or enrity 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 enrity 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 if singular in number and means a Sub-subcontractor or a~ authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in thc Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enri- ties (including those who are to furnish materials 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 investigarion, has reasonable objection to any such proposed person or enrity. Failure of the Owner or Architect to reply promptly shall consritut~ norice of no reason- able objection. 5.2.2 The Contractor shall not cont;act 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. 5,2.3 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 differet~ce in cost occasioned 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 DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION A[A® · © 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 Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor ali the obligations and responsibilities which the 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 fights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of ail rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, ptior 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 shall similarly make copies of applicable 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 the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior fights of the surety, ff any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall 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 or 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 awarded 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 contracK)r with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint 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'~ 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 RESPONSIBILITY 6.2.1 The Contractor shall afford the 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 part 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 resultsl 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 partially 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 q~4estion 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 arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the pre~ and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 AIA DOCUMENT ~aO1 * GENERAL CONDITIONS OF THE CONTRACT FOE CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 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. 711.2 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 or subsequently agreed upon, and if quantities originally con- tempiated 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 .3 the extent of the adjustment in the 'Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include 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 adjusted 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 for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly 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 agreed upon by the parties and a mutually acceptable fixed or percent- 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 Orden 7.9.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment 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 labor, including sociaI 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 consumed; .3 rental costs of machinery and equipment, 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 supervision and field office person- nel directly attributable to the change. 7.3.7 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 covering related Work or substitutions are 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 not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter- mination 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 preparation and execu- tion of an appropriate Change Order. 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, DC 20006 WARNING: Unlicensed photocopying violates U.S, copyright laws and is subject to legal prosecution. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 Thc Architect will have authority to order minor changes in the Work not involxCmg 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 term "day" as used in the Contract Documents shall mean calendar day u~nless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a 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 corn menee operations on the site or elsewhere prior to the effective date of insurance required by Article 11 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 f'fling 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 dispute, s, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, 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, includ- ing authorized adjustments, is the total amount payable by thc Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 ~CHEDULE OF VALUES 9.2.1 Before the first Application for Payment, thc 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 the Contractor's Applica- tions fc~r 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 right to payment as the Owner or Architect may require, such as copies of requisitions fi.om Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for 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 reason. 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. 9.3.3 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 all 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, claims, security interests or encumbrances in favor of thc 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 16 A201-1987 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. 2C006 WARNING: Unlicensed photocopying violates U.S. COl~yright laws and is subject to lc(iai ~rosecuflon. Owner a Cerlificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as proWlded in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment v/ti 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 be. st of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions 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 deviations 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 mount certified. However, the issuance ora Certificate for Pay- ment will not be a mpresenration that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Wot'k, (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 CERTIFICATION 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 notify 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 Ownei'. The Archi- tect 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 in 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; .6 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 .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.6.2 When the above reasons for withholding certification am removed, certification will 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 time provided in the Contract Documents, and shall so notify the Architect. :3.6.2 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 Subeontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.:3 The Architect will, on request, fumish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may 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 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work umil payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in thc progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Dooaments so the Owner can occupy or utilize the Work for its intended use. 9.6.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately,, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 * GENERAL CONDITI~)NS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 17 nated 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, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for 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- stantial 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 Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.9.3 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 retalnage, 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- tlally completed portion 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 Subparagraph 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, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the 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, if 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 jointly 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 receipt 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 final 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 final 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 entitled 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 (less 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 force after final payment is currently 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 obligations, 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. If a Subcon- tractor refuses 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 unsatislled after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting Final completion, and the Architect so confirms, 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 retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for 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 t'mal 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 claims by that payee except those previously made in writing and identified by 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. 18 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ~)1987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASHINGTON, D.C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 10 . PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- raining 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 material 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 condition 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 poIychlorinated biphenyl (PCB) and has no~ been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by wrkten 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 HOt be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychiorinated 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, dmnages, losses and expenses, 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 polychlorinated 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 itsel0 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 indirecdy employed by the Owner or anyone for whose acts the Owner 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 Subparagraph 10.1.4. 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 designated 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.$ 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 :md other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and udlities. 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 exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (oiher than damage or loss insured under property insurance required by the Contract 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 damage 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 are in addition to the Contractor's obligations under 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 shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or 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 the 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 empIoyee benefit acts which are applicable to the Work to be performed; AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ~)I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASHINGTON, D.C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 19 .~ 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 indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruct/on of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising 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 11.1.1 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 paymem and termination of any coverage required to be main- tained after Final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be Fried 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 promptness in accordance with the Contractor's information and belief. 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 ot~er insurance for self- protection against 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 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the iurisdiction 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 soch insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable 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 and Sub-subcontractors in the Work. 11~3.1.1 Property insurance shall be on an all-risk policy form and shall insure agsmst the perils of fke and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, 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. 11.3.1.2 1~ 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 Contractor, Subcontractors 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. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles axe identified in the Contract Docu- 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 cover 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 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 installation 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 n[tmed insureds. 11.3.3 Loss of Use Insurance. The Owner, at ttie 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 hazards however caused. 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included 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 AIA® · ©1987 THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W..WASHINGTON. DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.$.$ If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by:property insurance under policies sevarate from those insuring the Project, or if after final 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 Subparagraph 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. 1 1 .$.6 Before an exposure to loss may o~cur, the Owner shall f'fle with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, def'mi- tious, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontvactors~ agents and employees, for · damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable tO the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 1 1.3.$ A loss insured under Owner's property insurance shall be adjusted by thc Owner as fiduciary and made payable to the Owner as fiduciary for the insurers, 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 in similar 11.3.9 If required in writing by a party in interest, the Owner as fiduciary 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 against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- reeds 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 covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless One of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; ff such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.$.11 Partial occupancy 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 tl/e Contractor shall take reasonable steps to obtain consent of the insurance company or companies 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 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be 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 to the Architect's request or to requirements specifically expressed 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 Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of st~ch costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the d~te AIA DOOJMENT 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 21 for commencement of warranties established under Sub- paragraph 9.9.1, or 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 Comract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has 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- tial Completion and the acttial 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 notice promptly after dis- covery of the condition. 12.2.3 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 with paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials 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 Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall acdount for the proceeds thereof, after deducting costs and damages that should have been bome 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 reduced by the deficiency. 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 beat 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 contained 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 die Contractor 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 procecdinga may be commenced to establish the Contractor's liability with respect to the Con~ tracior's obligations o~her 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 requiting 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 The Contract shall be governed by the law of the place where the Project is located~ 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them* selves, their partners, successors, assigns and legal' representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenmats, agreements and obligations contained in the Con- tract Documents~ Neithe~ party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEH 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 off'tcer 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 Docu- ments and tights 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 failure 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 in a breach thereunder, except as may be specifically agreed in wtiting. 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, ordiw nances, rules, regulations 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 Architect 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 written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * ©I987THEAMERICANINSTITUTEOFARCH[TECTS, 1735NEWYORKAVENUE, N.W.,WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and I~ subject to legal prose¢utlon. The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 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 established by the Contract Documents, the Contractor shall bear all costs made necessary by such fiKlure including those of repeated procedures and compensation for the Architect's services and expenses. '13.5.4 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 Axchitect. 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, where practicable, at the normal place of testing. 13.5.6 Tests or inspections 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 Before 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 accrued 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 After Final CerUflcata for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the t'mal Certificate for Payment, any appli- cable 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 any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Para. graph 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 THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- lty having jurisdiction; .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-day period, whichever is less; or .5 the Owner has failed to furnish 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, including reasonable overhead, profit and 14.1.a If the Work is stopped 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 from 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 the 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 agreements between the Contractor and the Subcontractors; .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 IDO~UMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C 20006 WARNING: Unlicensed photocopying ,doiates U.S. copyright laws and Is subject to legal prosecution. A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by 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 terminates 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 £1nished. '14.2.~, If the unpaiti balance of the Contract Sum exceeds costs of t'mishLqg the Work, including compensation for the Archi- tect's services and expenses made necessary 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 cause, 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 extent: .1 that performance is, was or would have been so sus- pended, delayed or intermpted 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. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 AIA DOCUMENT A20! · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® ~, ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECT~, 1735 NEW YORK AVENUE, N W, WASHINGTON, D.C 20006 WARNING: Unlicensed photocopying violates U,S. copyright laws and Is subject to legal ixosecution. 3/87 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any Paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 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) 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. Construction of a New Concrete Foundation & Floor Slab System .2 .3 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; BrOad form Property Damage): Bodily Injury: $1,.000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum 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: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 thrOugh ARTICLE 14 No Changes END OF SECTION: Construction of a New Concrete Foundation.& Floor Slab System F-2 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for Construction of a New Concrete Foundation And Floor Slab System AT Southold Town Compost Facility 6155 Cox Lane Cutchogue, New York 11935 (Attach Wage Rate Information Here) Construction of a New Concrete Foundation & Floor Slab System Section H David A. Paterson, Governor Southold Town Solid Waste Dist James Bunchuck, Solid Waste Coordinator PO Sox 962 6155 Cox Lane Cutchogae NY 11935 Schedule Year . Date Requested PRC~ M~ Patricia Smith. Commissioner 2008 through 2009 05/20/2009 2009004638 Location Project ID# Project Type Southold Town Compost Site A reinforced concrete foundation and slab floor for a 42'x30'x14' metal building (to be erected by Agency staff) PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly. supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to tt~e schedule(s)for your project. The schedule is effective fro.m July 2008 through June 2009. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC,~ at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and/or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Cove[lng Workers on Public Work Contracts" provided with this scheduJe, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name & Title of Representative: Phone: i518) 457-5589 Fax: (518) 485-1870 W. Averell Harfiman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 www.labor.state.ny.us. PW 200 PWAsk@labor.state.ny.us General Provisions of Laws Covering Workers on Article 8 Public Work Contracts Introduction The Labor Law requires public work contractors and subcontractors to pay laborers, workers, or mechanics empleyed in the performance of a public work contract not less than the prevailing rate of wage and supplements (fringe benefits) in the locality where the work is performed. Responsibilities of the Department of Jurisdiction A Department of Jurisdiction (Contracting Agency) includes a state department; agency, board or commission: a county, city, town or village; a school district, board of education or board of cooperative educational services; a sewer, water, fire, improvement and other district corporation; a public benefit corporation; and a public authority awarding a public work contract. The Department of Jurisdiction (Contracting Agency) awarding a public work contract MUST obtain a Prevailing Rate Schedule listing the hourly rates of wages and supplements due the workers to be employed on a public work project. This schedule may be obtained by completing and forwarding a "Request for wage and Supplement Information" form (PW 39) to the Bureau of Public Work. The Prevailing Rate Schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract. Upon the awarding of the contract, the law requires that the Department of Jurisdiction (Contracting Agency) furnish the following information to the Bureau: the name and address of the contractor, the date the contract was let and the approximate dollar value of the contract. To facilitate compliance with this provision of the Labor Law, a copy of the Department's "Notice of Contract Award" form (PW 16) is provided with the odginal Prevailing Rate Schedule. The Department ef Jurisdiction (Contracting Agency) is required to notify the Bureau of the completion or cancellation of any public work project. The Department's PW 200 form is provided for that purpose. Hours No laborer, worker, or mechanic in the employ of a contractor or subcontractor engaged in the performance of any public work project shall be permitted to work more than eight hours in any day or more than five days in any week, except in cases of extraordinary emergency. The contractor and the Department of Jurisdiction (Contracting Agency) may apply to the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular public work project. Wages and Supplements The wages and supplements to be paid and/or provided to laborers, workers, and mechanics employed on a public work project shall be not less than those listed in the currant Prevailing Rate Schedule for the locality where the work is performed. If a prime contractor on a public work project has not been provided with a Prevailing Rate Schedule, the contractor must notify the Department of Jurisdicfion (Contracting Agency) who in turn must request an original Prevailing Rate Schedule form the Bureau of Public Work. Requests may be submitted by: mail to NYSDOL, Bureau of Public Work, State Office Bldg. Campus, Bldg. 12, Rm. 130, Albany, NY 12240; Fax to Bureau of Public Work (518) 485-1870; or electronically atthe NYSDOL website www.labor, state.ny.us. Upon receiving the original schedule, the Department of Jurisdiction (Contracting Agency) is REQUIRED to provide complete copies to all prime contractors who in turn MUST, by law, provide copies of all applicable county schedules to each subcontractor and obtain from each subcontractor, an affidavit certifying such schedules were received. If the original schedule expiredl the contractor may obtain a copy of the new annual determination from the NYSDOL website www.labor.state.ny, us. The Commissioner of Labor makes an annual determination of the prevailing rates. This determination is in effect from July 1st through June 30th of the following year. The annual determination is available on the NYSDOL website www.labor.state:ny.us. Payrolls and Payroll Records Every contractor and subcontractor MUST keep original payrolls or transcripts subscribed and affirmed as true under pe..n.alty of perjury. Payrolls must be maintained for at least three (3) years from the project's date of completion. At a minimum, payrolls must show the following information for each person employed on a public work project: Name, Social Security number, Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid or provide~ and Daily and weekly number of hours worked in each classification. Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within .thirty (30) days after issuance o fits first payroll and every thirty (30) days thereafter, a transcript of the odginal payrolls, subscribed and affirmed as true under penalty of perjury. The Department of Jurisdiction (Contracting Agency) shall receive and maintain such payrolls. In addition, the Commissioner of Labor may require contractors to furnish, with ten (10) days of a request, payroll records sworn to as their validity and accuracy for public work and pdvate work. Payroll records include, by are not limited to time cards, work description sheets, proof that supplements were provided, cancelled payroll checks and payrolls. Failure to provide the requested information within the allotted ten (10) days will result in the withholding of up to 25% of the contract, not to exceed $100,000.00. If the contractor or subcontractor does not maintain a place of business in New'York State and the amount of the contract exceeds $25,000.00~ payroll records and certifications must be kept on the project worksite. The prime contractor is responsible for any underpayments of prevailing wages or supplements by any subcontractor. All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8, Section 220-a of the Labor Law. All subcontractors engaged by a public work project contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules, shall provide to such contractor a verified statement attesting that the subcontractor has received the Prevailing Rate Schedule and will pay or provide the applicable rates of wages and supplements specified therein. (See NYS Labor Laws, Article 8. Section 220-a). Determination of Prevailing Wage and Supplement Rate Updates Applicable to All Counties The wages and supplements contained in the annual determination become effective July 1st whether or not the new determination has been received by a given contractor. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the public work contractor to use the proper rates. If there is a question on the proper classification to be used, please call the district office located nearast the project. Any errors in the annual determination will be corrected and posted to the NYSDOL website on the first business day of each month. Contractors ara responsible for paying these updated rates as well, retroactive to July 1st. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. To the extent possible, the Department posts rates in its possession that cover pedods of time beyond the July ~lst to June 30th time frame covered by a particular annual determination. Rates that extend beyond that instant time ped0d ara informational ONLY and may be updated in futura annual determinations that actually cover the then appropriate July 1st to June 30th time pedod. Withholding of Payments When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract shall be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. When the Bureau of Public Work finds that a contractor or subcontractor on a public work praject failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b of the Labor Law to so notify the financial officer of the Department of Jurisdiction (Contracting Agency) that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until there is a final determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding i? instituted for review of the determination of the Commissioner of Labor. The Department of Jurisdiction (Contracting Agency) shall comply with this order of the Commissioner of Labor or of the court with respect to the release of the funds so withheld. Summary of Notice Posting Requirements The current Prevailing Rate Schedule must be posted in a prominent and accessible place on the site of the public work project. The prevailing wage schedule must be encased in, or constructed of, materials capable of withstanding adverse weather conditions and be titled "PREVAILING RATE OF WAGES" in letters no smaller than two (2) inches by two (2) inches. . Every employer providing workers, compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers. Compensation Board in a conspicuous place on the jobsita. Every employer subject to the NYS Human Rights Law must conspicuously post at its offices, places of employment, or employment training centem, notices furnished by the State Division of Human Rights. Employers liable for conthbutions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the NYS Department of Labor. Apprentices Employees cannot be paid apprentice rates unless they are individually registered in a prOgram registered with the NYS Commissioner of Labor. The allowable ratio of apprentices to joumeyworkers in any craft classification can be no greater than the statew[de building trade ratios promulgated by the Department of Labor and included with the Prevailing Rate Schedule. An employee listed on a payroll as an apprentice Who is not registered as above or is performing work outside the classificafion of work for which the apprentice is indentured, must be paid the prevailing journeyworker's wage rate for the classification of work the employee is actually performing. NYSDOL Labor Law, Article 8, Section 220-3, require that only apprentices individually registered with the NYS Department of Labor may be paid apprenticeship rates on a public work project. No other Federal or State Agency of office registers apprentices in New York Stats. Persons wishing to verify the apprentice regi'stration of any person must do so in wdfing by mail,.to the NYSDOL Office of Employability Development / Apprenticeship Training, State Office Bldg. Campus, Bldg. 12, Albany, NY 12240 or by Fax to NYSDOL Apprenticeship Training (518) 457-7154. All requests for vedficafion must include the name and social secudty number of the person for whom the information is requested. The only conclusive proof of individual apprentice registration is written verification from the NYSDOL Apprenticeship Training Albany Central office. Neither Federal nor State Apprenticeship Training offices outside ~)f Albany can provide conclusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any person is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards, or copies of state forms is not conclusive proof of the registrafion of any person as an apprentice. Interest and Penalties In the event that an underpayment of wages and/or supplements is found: Interest shall be assessed at the rate then in effect as prescribed by the Superintendent of Banks pursuant to section 14-a of the Banking Law, per annum from the date of underpayment to the date restitution is made. A Civil Penalty may also be assessed, not to exceed 25% of the total of wages, sup01ements, and interest due. Debarment Any contractor or subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded any public work contract or subcontract with any state, municipal corporation or public body for a pedod of five (5) years when: Two (2) willful determinations have been rendered against that contractor or subcontractor and/or its successor within any consecutive six (6) year pedod. There is any willful determination that involves the falsification of payroll records or the kickback ~)f wages or supplements. Criminal Sanctions Willful violations of the Prevailing Wage Law (Article 8 and Article 9 of the Labor Law] constitute a misdemeanor punishable by fine or imprisonment, or both. Discrimination No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national odgin, sex, disability or marital status. No contractor, subconti'actor nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex 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 (NYS Labor Law, Article 8, Section 220-e(a)). No contractor, subcontractor, nor any person acting on its' behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex, or national odgin (NYS Labor Law, Article 8, Section 220, e(b) ). The Human Rights Law also prohibits discrimination in employment because of age, marital statu~, or religion. There may be deducted from the amount payable to the contractor under the contract a penalty of $50.00 for each calendar day dudng which such person was discriminated against or intimidated in violation of the provision of the contract (NYS Labor Law, Article 8, Section 220-e(c) ). The contract may be cancelled or terminated by the State or municipality. All monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of the anti-discrimination sections of the contract (NYS Labor Law, Article 8, Section 220-e(d) ). Every employer subject to the New York State Human Rights Law must conspicuously post at its offices, places of employment, or employment training centers notices furnished by the State Division of Human Rights. Workers' Compensation In accordance with Section 142 Of the State Finance Law, the contractor shall maintain coverage during the life of the contract for the benefit of such employees as required by the provisions of the New York State Workers' Compensation Law. A contractor who is awarded a public work contract must provide proof of workers' compensation coverage pdor to being allowed to begin work. The ~insurance policy must be issued by a company authorized to pmvid~ workers' compensation coverage in New York State. Proof of coverage must be on form C-105.2 (Certificate of Workers' Compensation Insurance) and must name this agency as a certificate holder. If New York State coverage is added to an existing out-of-state policy, it can only be added to a policy from a company authorized to wdta workers' compensation coverage in this state. The coverage must be listed under item 3A of the information page. The contractor must maintain proof that subcontractors doing work covered under this contract secured and maintained a workers' compensation policy for all employees working in New York State. Every employer providing worker's compensation insurance and disabilit~ benefits must post notices of such coverage in the format prascdbed by the Workers' Compensation Board in a conspicuous place on the jobsite. Unemployment Insurance Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices fumished by the New York State Department of Labor. David A. Paterson. Govemor Southold Towr~ Solid Waste Dist James Bunchuck. SctidWasteCoordinator PO Box962 6155 Cox Lane Cutchogue NY 11935 M. Pat~cia Smith, Commissioner Schedule Year 2008 through 2009 Date Requested 05~20~2009 PRC~ 2009004638 Location Project ID# Project Type Southold Town Compost Site A reinforced concrete foundation and slab floor for a 42'x30'x14' metal building (to be erected by Agency staff) Notice of Contract Award New York State Labor Law, Article 8, Section 220.3a requires that certain information regarding the awarding of public work contracts be furnished to the Commissioner of Labor. One "Notice of Contract Award" IPW 16, which may be photocopied), MUST be completed for EACH pdme contractor on the above referenced project. Upon notifying the successful bidder(s) of this contract, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. Contractor Information All information must be supplied Federal Employer Identification Number: Name: Address: City: State: Zip: Amount of Contract: ~ Contract Type: [ ] (01) General Construction Approximate Starting Date: ! ! [ ] (02) HeatingNentilafion [ ] (03) Electrical Approximate Completion Date: ! ! [ ] (04) Plumbing [ ] (05) Other Phone: (518) 457-5589 Fax: (518) 485-1870 W. Averell Hardman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 www.labor, state.ny.us. PW 16 PWAsk@labor. state.ny.us IMPORTANT NOTICE FOR CONTRACTORS & CONTRACTING AGENCIES Social,Security Numbers on Certified Payrolls The Department of Labor is cognizant of the concerns of the potential for misuse or inadvertent disclosure of social security numbers. Identity theft is a growing problem and we are sympathetic to contractors' concerns with regard to inclusion of this information on payrolls if another identifier will suffice. For these reasons, the substitution of the use of the last four di.qits of the social security number on certified payrolls submitted to contracting agencies on public work projects is now acceptable to the Department of Labor. NOTE: This change does not affect the Department's ability to request and receive the entire social security number from employers during the course of its public work / prevailing Wage investigations. To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND Budget Policy & Reporting Manual B-610 Public Work Enforcement Fund effective date December 7, 2005 1. Purpose and Scope: This Item describes the Public Work Enforcement Fund (the Fund, PWEF) and its relevance to State agencies and public benefit corporations engaged in construction or reconstruction contracts, and announces the recently-enacted increase to the pementage of the dollar value of such contracts that must be deposited into the Fund. This item also describes the roles of the following entities with respect to the Fund: New York State Department of Labor (DOL), The Office of the State of Comptroller (OSC), and State agencies and public benefit corporations. 2. Background and Statutory References: DOL uses the Fund to enforce the State's Labor Law as it relates to contracts for construction or reconstruction as defined in subdivision two of Section 220 of the Labor Law. State agencies and public benefit corporations participating in such contracts are required to make payments to the Fund. Chapter 511 of the Laws of 1995 (as amended by Chapter 513 of the Laws of 1997, Chapter 655 of the Laws of 1999, Chapter 376 of the Laws of 2003 and Chapter 407 of the Laws of 2005) established the Fund. 3. Procedures and Agency Responsibilities: The Fund is supported by transfers and deposits based on the value of contracts for construction and reconstruction, as defined in subdivision two of Section 220 of the Labor Law, into which all State agencies and public benefit corporations enter. Chapter 407 of the Laws of 2005 increased the amount required to be provided to this fund to .10 of one-percent of the total cost of each such contract, to be calculated at the time agencies or public benefit corporations enter into a new contract or if a contract is amended. The provisions of this bill became effective August 2, 2005. To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND OSC will report to DOL on all construction-related ("D") contracts approved during the month, including contract amendments, and then DOL will bill agencies the appropriate assessment monthly. An agency may then make a determination if any of the billed contracts are exempt and so note on the bill submitted back to DOL. For any instance where an agency is unsure ifa contract is or is not exempt, they can call the Bureau of Public Work at the number noted below for a determination. Payment by check or journal voucher is due to DOL within thirty days from the date of the billing. DOL will verify the amounts and forward them to OSC for processing. For those contracts which are not approved or administered by the Comptroller, monthly reports and payments for deposit into the Public Work Enforcement Fund must be provided to the Administrative Finance Bureau at the DOL within 30 days of the end of each month or on a payment schedule mutually agreed upon with DOL. Reports should contain the following information: Name and billing address of Stato agency or public benefit corporation; State agency or public benefit corporation contact and phone number; Name and address of contractor receiving the award; Contract number and effective dates; Contract amount and PWEF assessment charge (if contract amount has been amended, reflect increase or decrease to original c6ntmct and the adjustment in the PWEF charge); and Brief description of the work to be performed under each contract. Checks and Journal Vouchers, payable to the "New York State Department of Labor" should be sent to: Department of Labor Administrative Finance Bureau-PWEF Unit Building 12, Room 464 State Office Campus Albany, NY 12240 Any questions regarding billing should be directed to NYSDOL's Administrative Finance Bureau-PWEF Unit at (518) 457-3624 and any questions regarding Public Work Contracts should be directed to the Bureau of Public Work at (518) 457-5589. NEW LEGISLATION Effective February 24, 2008 WORKER NOTIFICATION- A9052 - S6240 This provision is an addition to the existing prevailing wage rate law, Labor Law §220, paragraph a of subdivisiotl 3-a. It requires contractors and subcontractors to provide written notice to all laborers, workers or mechanics of the prevailing wage rate for their particular job classification on each pay stub*. It also requires contractors and subcontractors to post a notice at the beginning of the perfoimance of every public work contract on each job site that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers or mechanics of their right to contact the Department of Labor if he/she is not receiving the proper prevailing rate of wages and/or supplements for his/her particular job classification. The required notification will be provided with each wage schedule, may be downloaded from our website www. labor, state, nv. us or made available uPon request by contacting the Bureau of Public Work at 518-457-5589. * In the event that the required information will not fit on the pay stub, an accompanying sheet or attachment of the information will suffice. THIS IS A PUBLIC WORK PROJECT' Chapter 629 of the Labor Laws of 2007 Contractor Name: Any worker, laborer, or mechanic employed on this project is entitled to receive the prevailing wage and supplements rate for the classification at which he/she is working. These wages are set by law and must be posted at the work site. They can also be found at www. labor, state, ny. us If you feel that you have not received proper wages or benefits, please call our nearest office. * Albany (518) 457-2744 Newburgh Binghamton (607) 721-8005 Patchogue Buffalo (716) 847-7159 Rochester Garden City (516) 228-3915 Syracuse New York City (212) 775-3568 Utica White Plains (845) 568-5398 (631) 687-4886 (585) 258-4505 (315) 428-4056 (315) 793-2314 (914) 997-9507 * For New York City government agency construction projects, please contact the Office of the NYC Comptroller at (212) 669-4443, www. comptroller, nyc. gov - click on Bureau of Labor Law. Project. Location: STATE OF NEW YORK David A. Paterson, Governor DEPARTMENT OF LABOR M, Patricia Smith, Commissioner NEW LEGISLATION Effective July 18, 2008 OSHA 10-hour Construction Safety and Health Course- S1537-A This provision is an addition to the existing prevailing wage .rate law, Labor Law §220, section 220-h. It requires that on all public work projects of at least $250,000.00, all laborers, workers and mechanics working on the site, be certified as having successfully completed the OSHA 10-hour construction safety and health course. It further requires that the advertised bids and contracts for every public work contract of at least $250,000.00, contain a provision of this requirement. NOTE: The OSHA 10 Legislation does not apply to projects advertised for bid prior to July 18, 2008 AND only applies to workers on a public work project that are required under Article 8 to receive the prevailing wage. Rules and regulations will be promulgated and Posted on NYSDOL website wWW.labor.state.ny.us when finalized. the Page 1 of 2 Where to find OSHA 10-hour Construction Course 1. NYS Department of Labor website for scheduled outreach training at: www.labor.state.ny.us/workerprotection/safetyhealth/DOSH ONSITE CONSULTATION.shtm 2. OSHA Training Institute Education Centers: Rochester Institute of Technology OSHA Education Center Rochester, NY Donna Winter Fax (585) 475-6292 e-mail: dlwtpo(~rit.edu (866) 385-7470 Ext. 2919 www.rit, edu/---outreach/course.php3 ?CourseID=54 Atlantic OSHA Training Center UMDNJ - School of Public Health Piscataway, NJ Janet Crooks Fax (732) 235-9460 e-mail: erooksj e(~,umdni.edu (732) 235-9455 https://ophp.umdni edu/weonnec~/ShowSchedule.awp?~GROUP-AOTCON~l 0- Keene State College Manchester, NH Leslie Singleton e-mail: lsin ~letin(~,,keene. edu (800) 449-6742 www.keene.edu/courses/print/courses osha.erin 3. List of trainers and tra'ming schedules £or OSHA outreach training at: www. OutreachTr'dmers.org Page 2 of 2 Requirements for OSHA 10 Compliance Chapter 282 of the Laws of 2007, codified as Labor Law 220-h will take effect on July 18, 2008. The statute provides as follows: The advertised specifications for every contract for public work of $250,000.00 or more must contain a provision requiring that every worker employed in the performance ora public work contract shall be certified as having completed an OSHA 10 safety training course. The clear intent of this provision is m require that all employees of public work contractors receive such training "prior to the performing any work on the project." The Bureau will enforce the statute as follows: All contractors and sub contractors must ~ttach a copy of proof of completion of the OSHA 10 course to the fn-st certified payroll submitted to the contracting agency and on each succeeding payroll where any new or additional employee is first listed. Proof of completion may include but is not limited to: · copies of bona fide course completion card; · trmmng roster, attendance record of other documentation from the certified trainer pending the issuance of the card. · other valid proof **A cer~i~'fication by the employer attesting that all employees have completed such course is not sufficient proof that the course has been completed. Any questions regarding this statute may be directed to the New York State Department of Labor, Bureau of Public Work at 518485-5696. Page I of I IMPORTANT INFORMATION Re§ardin§ Use of Form PW30R "Employer Registration for Use of 4 Day / 10 Hour Work Schedule" To use the '4 Day / 10 Hour Work Schedule': There MUST be a Dispensation o. fHours (PW30) in place on the project AND You MUST register your intent to work 4 / 10 hour days, by completing the PW30R Form, REMEMBER... The '4 Day / 10 Hour Work Schedule' applies ONLY to Job Classifications and Counties listed on the PW30R Form. (Please note: For each Job Classification check the individual wage schedule fOr specific details regarding their 4/10 hour day posting.) PW3OR-Notice NYSDOL Bureau of Public Work lofl Instructions for Completing Form PW30R "Employer Registration for Use of 4 Day/10 Hour Work Schedule" Before completing Form PW30R check to be sure ... · There is a Dispensation of Hours in place on the project. · The 4 Day / 10 Hour Work Schedule applies to the Job Classifications you will be using. · The 4 Day / 10 Hour Work Schedule applies to the County / Counties where the work will take place. Instructions (Type or Print legibly): Contractor Information: · Enter the Legal Name of the business, FEIN, Street Address, City, State, Zip Code; the Company's Phone and Fax numbers; and the Compahy's email address (if applicable) · Enter the Name of a Contact Person for the Company along with their Phone and Fax numbers, and the personal email address (if applicable) Project Information: · Enter the Prevailing Rate Case number (PRC#) assigned to this project · Enter the Project Name / Type (i.e. 5mitht0wn CSD- Replacement of H$ Roof) · Enter the Exact Location of Project (i.e. Smithtown H$, 143 County Route #2, Smithtown, NY; Bldgs. 1 & 2) · If you are a Subcontractor, enter the name of the Prime Contractor for which you work · On the Checklist of Job Classifications- o Go to pages 2 and 3 ofthe form o Place a checkmark in the box to the right of the Job Classification you are choosing o Mark all Job Classifications that apply Requestor Information: · Enter the name of the person submitting the registration, their title with the company, and the date the registration is filled out Return Completed Form: · Mail the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work, SOBC- BIdg.12- Rm.130, Albany, NY 12240. -OR- · Fax the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work at (5:18)485-1870 PW3OR-Instructions NYSDOL Bureau of Public Work I of I New York State Department of Labor Bureau of Public Work W. Averell Harriman State Office Campus Building 12 - Room 130 Albany, New York 12240 Phone - (518) 457-5589 Fax - (518) 485-1870 Employer Registration for Use of 4 Day/.10 Hour Work Schedule Please Type or Pdr~t Company Name: Address: FEIN: City: Phone Number Contact Person: Fax Number: State: Email Address: Zip Code: Phone No: Fax No: Email: Project PRC#: Exact Location of Project: Project Name/Type: (If you are Subcontractor) Prime Contractor Name: County: Job Classification(s) to Work 4/10 Schedule: (Choose all that apply on Job Classification Checklist- Paaes 2 & 3) Name: Title: Date: PW*30R (03-09) I of 3 Job Classification Checklist (Place a checkmark by all classifications that will be using the 4/10 schedule) Electrician 43 Cayuga, Chenango, Cortland, Herkimer, Madison, Oneida, Onondaga, Oswego, Otsego, Tompkins, Wayne Electrician 86 Senesee, L'v'ngston, Monroe, Ontario, Orleans, Wayne, :lectrician Lineman 124ga ~lba ny, AIlegany, Broome, Cattaraugus, Cayuga, Chautauqua, :hemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, ns, Oswego, Otsego, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, Yates 14 f, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, Wyoming Elevator ConstructOr 35 Albany, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Hamiliton, Herkimer, Montgomery, Oneida, Otsego, Rensselaer, Saratoga; Schenectady, Schoharie, Warren, Washington Glazier 677.1 ston, Monroe, Ontario, Seneca, St. Lawrence, Wayne, Yates PW~30R (03-09) NYSDOL Bureau of Public Work 2 of 3 Job Classification Checklist (Place a checkmark by all classifications that will be using the 4/10 schedule) Yates PW-30R (03-09) NYSDOL Bureau of Public Work 3 of 3 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 IntrOduction to the Prevailing Rate Schedule Information 'About Prevailing Rate Schedule This information is provided to assist you in the interpretation of particular requirements fof each classification of worker contained in the attached Schedule of Prevailing Rates. Classification It is the duty of the Commissioner of Labor to make the proper classification of workers taking into account whether the work is heavy and highway, building, sewer and water tunnel work.or residential and to make a determination of wages and supplements to be paid or provided. It is the responsibilit-/.of the public work contractor to use the p~oper rate. If there is a question on the proper classification fo be used, please call the district omca located nearest the project. District omce 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 Turlnel and Water & Sewer rates. Residential Construction Rates generally apply to construction reconstruction repair, alteration, or demolition of one family, two family, row hous ng, or renta type un ts ntended for resident a use. Some rates listed in the Residential Construction Rate Schedule have a very limited aRplicability listed along with the rate. Rates for Occupations or locations not shown on the residential schedule must be obtained from me General Construction Rate Schedule. Please contact the local Bureau of Public Work office before using Residential Rate Schedules, to ensure that the project meets the required criteria. Paid Holldays Paid Holidays are days for which an eligible employee receives a [~gular day's pay, but is not required to per[orm work. If an employee works on a day listed as a paid holiday, this remuneration is in eddihon to payment of the required prevaihng rate for the work actually performed. Overtlroe At a minimum, all work performed on a public work project in excess of eight hours in any one day or more than five days in any workweek is overtime. However the specific overtime requirements for each trade oi' OCCupation on a public 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 holida~(s are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. Supplemental Benefits Particular attention should be given to the supplemental benefit req..uirements. Although in most cases the payment or provisien of supplements is for each hour worked, some ctassifications require the payment or provision of suRplements for each hour paid (including paid holidays on which no work is Performed) and/or may require, supplements to be paid or prowded at a premium rate for premium hours worked. Effective Dates When you rewew the schedule for a j3articular occupahon, your attention should be directed to the dates above the column of rates. These are the dates for which a given set or rates is effective. The rate listed is valid until the next effective tale change or until the new annual determination which takes effect on July I of each year. All contrac~rs and subcontractors are required to p. ay the current prevailing rates of wages and supplements. If you have any questions please contact the Bureau of Public Work or visit the New York State Department of Labor website (www.laber:stste.ny.us) for current wage rate information. Apprentice Training Ratios The following are the allowable ratios of registered Apprentices to Journey-workers. For example, the ratio 1:1,1:3 indicates the allowable initial ratio is one Apprentice to one Joumeyworker. The Joumeyworker must be in place on the project before an Apprentice is allowed. Then three additiona/Joumeyworkers are needed before a second Apprentice is allowed. The last ratio repeats indefinitely. Therefore, three more Joumeyworkers must be present before a third Apprentice can be hired, and so on. Please call Apprentice Training Central Office at (518) 457-6820 if you have any questions. Title (Trade) Ratio Boilermaker 1:1,1:3 Mason 1:1,1:4 ~arpenter 1:1,1:4 Electrical (Outside) Lineman 1:1,1:2 Electrician (Inside) 1:1,1:3 Page 23 Prevailing Wage Rates for 07101/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Elevator/Escalator Construction & Modernizer 1:1,1:2 Glazier 1:1;1:3 Insulation & Asbestos Worker 1:1,1:4 Iron Worker 1:1,1:6 Laborer 1:1,1:3 Op Engineer ' 1:1,1:5 Painter 1:1,1:3 Plumber & Steamfitter 1:1,1:3 Roofer 1:1,1:2 Sheet Metal Worker 1:1,1:3 Sprinkler Fitter 1:1,1:2 If you have any questions concerning the attached sched[;le or would like additional information, please contact the nearest BUREAU of' PUBLIC WORK Distdct Office or write to: New York State Department of Labor Bureau of Public Work State Office Campus, Bldg. 12 Albany, NY 12240 District Office Locations: Bureau of Public Work - Albany Bureau of Public Work - Binghamton Bureau of Public Work - Buffalo Bureau of Public Work - Garden City Bureau of Public Work - Newburgh Bureau of Public Work - New York City Bureau of Public Work - Patchogue Bureau of Public Work - Rochester Bureau of Public Work - 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 631-687-4883 585-258-4505 315-428-4056 315-793-2314 914-997-9507 518-457-5589 FAX # 518-485-0240 607-721-8004 716-847-7650 516-794-3518 845-568-5332 212-775-3579 631-687-4904 585-258-4708 315-428-4671 315-793-2514 914-997-9523 518-485-1870 Page 24 Pm/ailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New Yonk State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County Suffolk County General Construction JOB DESCRIPTION Asbestos Worker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per hour:. 0710112008 Abestos Worker Removal & Abatement Only* $28.00 NOTE: *On Mechanical Systems that ara 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 Bener~: (per Hour worked) Apprantice Removal & Abatement Only $10.65 9-12a - Removal Only JOB DESCRIPTION Boilermaker DISTRICT 4 ENTIRE COUNTIES Bronx, Dut?hesa, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, WestcheSter WAGES Per Hour: 07/01/2008 01/01/2009 12/31/2008 06/30/2009 Boilermaker $ 44.98 $ 45.89 Repairs & Renovation $ z~4.98 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 12/31/2008 $ 45.89 01/01/2009 06/3012009 BoilerMaker 48% of Hourly 48% of Hourly Wage Paid + Wage Paid + $ 8.09 $ 8.33 Repaim & Renovation* NOTE: "Houdy Wage Paid" shall include any and all pramium(s) pay. *Same as Boilermaker (Includes replacament of parts and repairs & renovation of an existing unit). OVERTIME PAY See (D, O) on OVERTIME PAGE Page 25 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New Yon~ State Deparlment of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County HOLIDAY Paid: See (8, 16, 23, 24) on HOLIDAY PAGE Overtime: See (5, 6, 11, 12, 15, 25) on HOLIDAY PAGE NOTE: *Employee must work in pay week to receive Holiday Pay, **Boilermarker geta 4 times the houdy wage rate for working on Labor Day. ***Repaim & Renovation see (B,E,Q) on HOLIDAY PAGE REGISTERED APPRENTICES (1/2} Year Terms at the following pecentage of Boilermaker's Wage 1st 2nd 3rd 4th 5th 6th 7th 8th 65% 65% 70% 75% 80% 85% 90% 95% Supplemental Benefits Per Hour: 07/0112008 01/01/2009 12/31/2008 06/30/2009 Boilermaker 48% of Hourly 48% of Hourly Apprentice(s) Wage Paid + Wage Paid + $ 8.09 $ 8.33 Repairs & Renovation* Apprentice(s) $48% of Houdy Wage Paid + $8.O9 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 Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York Queens, Richmond, Rockland, Westahester PARTIAL COUNTIES Orange: South of but including the following, Watafloo Mills. SlataHill, New Hampton, Goshen, Blooming Grove, Mountainville, east to the Hudson River. Putnam: South of but including the following, Cold Spring, TompkinsComer, Mahopac, Croton Falls, east to Connecticut border. Suffolk: West of Port Jefferson and Patchoque Road to Route 112 tothe Atlantic Ocean. WAGES Per hour: 07/01/2008 Care Drilling: Ddller $ 29.56 Assistaht Driller 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 par hour Note: When mClUired to work on water: an additional $ 0.50 per hour. SUPPLEMENTAL BENEFITS Per hour pah:l: Ddller $10.36 Assistant 10.36 OVERTIME PAY OVERTIME: HOLIDAY See (B,E,K*,P,R**) on OVERTIME PAGE. Page 26 Prevailing Wage Rates fo~ 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County HOLIDAY: Paid: See (5~6) on HOLIDAY PAGE. Overtime: * See (5,6) on HOLIDAY PAGE. · * See (8,10,11,13) on HOLIDAY PAGE. A~sistant: 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 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester -WAGES Per Hour:. 07/01/2008 Timbe~nan $ 39.50 SUPPLEMENTAL BENEFITS Per hour paid: Timberman $ 38.14 OVERTIME PAY See (B, E, E2, Q)on OVERTIME PAGE HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprentices Overtime: REGISTERED APPRENTICES Wages per hour: ( 1 ) year terms: 1st 40% See (18,19) on HOLIDAY PAGE. See [5,6,11,13,16,18,19,25) See I5,6,11,13,16,18,19,25) on HOLIDAY PAGE. DISTRICT 9 2nd 3rd 4th 50% 655 80% Supplemental benefits per hour: Apprentices $ 25.14 9-1536 JOB DESCRIPTION Carpenter ENTIRE COUNTIES Bronx, Kings, Nassau, New York. Putnam, Queens, Richmond, Rockland, Suffolk, WestcheSter WAGES Per hour. 07/01/2008 Building Millwright $ 43.69 SUPPLEMENTAL BENEFITS Per hour paid: Millwdght $ 42.35 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE Page 27 DISTRICT 9 Prevailing Wage Rates for 07/01/2008 - 06/3012009 Published by the New York State Depadment of Labor Last Published On May 01 2009 PRC Number 2009004638 Suffolk County HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprentices Overtime REGISTERED APPRENTICES Wages per hour: (1) year termsi 1st. $24.02 Supplemental benefits per hour: (1) year terms: 1st. $25.32 See (18,19) on HOLIDAY PAGE. See (5;6,11,13,16,18,19,25) See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. 2nd. 3rd. 4th. $28.39 $32.76 $41.50 2nd. 3rd. 4th. $28.07 $31.82 $36.36 9-740.1 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/0112008 Marine Construction: Marine Diver $ 54.63 M.D.Tender 39.18 SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 38.14 OVERTIME PAY See (B, E, E2, Q) on OVERTIME'PAGE HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprentices Overtime: 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: Page 28 Prevailing Wage Rates for 07/0112008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County Apprentices $ 25.11 9-1456MC JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam; Queens, Richmond, Rockladd, Suffolk, Westchester WAGES Per hour: 07/01/2008 Carpet/Resilient Floor Coverer $ 43~02 SUPPLEMENTAL BENEFITS Per hour paid: Floor Coverer $ 36.04 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (18, 19)on HOLIDAY PAGE. Paid: for 1st & 2nd yr. Apprentices See (5,6,11 ~13,16,18,19,25) Overtime: See (5,6,11,13,16,18,~19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wage per hour. (1) year terms: 1st. 2nd. 3rd. $17.21 $21.51 $27.96 4th. $34.42 Supplemental benefits per hour: Apprentices $ 24.26 9-2287 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchestar WAGES Per hour: 07/01/2008 Pileddver $ 43.08 Dockbuilder $ 43.08 SUPPLEMENTAL BENEFITS Per hour paid: J9umeyman $ 36.04 Page 29 Pmvailing Wage Rates for 07101/2008 - 06/30/2009 Published by the New York State Department of Labor Last published on May 01 2009 ' PRC Number 2009004638 Suffolk Couniy 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: (1)yearterms: 1st. 2nd. 3rd. 4th. $17.23 $21.54 $28.00 $34.46 Supplemental benefits per hour: Apprentices $ 23.10 9-1456 JOB DESCRIPTION Carpenter- Building / Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: Building Carpenter Heavy Highway Carpenter SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 $ 36,63 $ 36.63 07/01/2007 Both Carpenter Categories $ 30.62 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (18, 19) on HOLIDAY PAGE Overtime: See (5, 6, 16, 23, 24, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) year Terms at the following pecentage of Joumeymans Wage 1st 2nd 3rd 4th 40% 55% 65% 75% Supplemental Benefits Per Hour: 07/01/2008 All Apprentice Terms $17.07 4-Reg. Council Nass/Suff JOB DESCRIPTION Electacian ENTIRE COUNTIES Nassau, Suffolk WAGES Page 30 DISTRICT 4 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Label: Last Published on May 01 2009 PRC Number 2009004638 Suffolk County Per Hour: 07/01/2008- 01/01/2009 ~ 12/31/2008 Tree Trimmer/ Line Ctaamnce Specialist SUPPLEMENTAL BENEFITS Per Hour: Tree Trimmer/ ' Line Clearance Specialist $ 25.57 $ 26.46 07101/2008- 01/01/2009 12/31/2008 19.0% of Houdy 20.5% of Hourly Wage Paid + Wage Paid + $ 5.3:~ $ 5.48 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, E, P) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 8, 16, 23, 24, 25, 26) on HOLIDAY PAGE NOTE: Time and One Half the Houdy Rate plus Holiday Pay if Worked 4-1049/Tree JOB DESCRIPTION Electrician DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour. 07/01/2008 Telephone & Intargratad Tele- Data Sytems Electrician $ 31.80 "PLEASE NOTE" This rate classification applies to ALL Voice,Data & Video work.: Excluding Fire Alarm Systems and Energy Managment Systems (HVAC Controls), in those cases the regular Electrician rate applies. To ensure proper use of this rate please cell the Garden City Distdct Office at (516)228-3915. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Electrician 47.5% of Hourly Wage Paid + $ 3.90 NOTE: "Hourly 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 Oveltime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE 4-25tela JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau. Suffolk WAGES Per Hour:. 07/01/2008 Electrcian Electrical Maintenance $ 34.90 Page 31 DISTRICT 4 Prevailing Wage Rates fer 07/01/2008 - 06/30/2009 Published by the New York State Deparlment of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County "PLEASE NOTE" Appficeble to "EXISTING ELECTRICAL SYSTEMS" including, but not limited to TRAFFIC SIGNALS & STREET LIGHTING. Not used for addons. ** IMPORTANT NOTICE - EFFECTIVE 04/01/2009 ** Four (4), ten (10) hour days may be worked at straight time dudng a week, Monday thru Thursday, with one-half (1/2) hour allowed for a lunch period. NOTE - In order to use the '4 Day/10 Hour Work Schedule', you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule', form PW30R; additionally, there must be a dispensation of hours in place on the project. SUPPLEMENTAL BENEFITS Per Hour: 07/01/20~8 Electrcian 35,5% of Houdy Wage Paid + $ 5.28 NOTE: "Hourly Wage Paid" shall include any and all preereium(s) pay OVERTIME PAY See (B, E2, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(1 ) Year Term(s) at the following 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'preereium(s) pay 4-25m ' JOB DESCRIPTION Electrlcia~ DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008- 04/25/2009 04/24/2009 Electrician $ 44.75 $ 45.75 Fire Alarm $ 44.75 $ 45.75 HVAC Contrcts $ 44.75 $ 45.75 PUMP & TANK WORK Electrcian $ 35.20 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008- 04/25/2009 04/24/2009 Electmian 28.0% of Hourly 16.0% of Houdy Wage Paid + Wage Paid + Page 32 Prevailing Wage Rates for 07101/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Nurnbor 2009004638 Suffolk County $16,31 $ 22.69 NOTE: "Hourly Wage Paid" shall include any and all premium(s) OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOUDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at the following Percetage of Journeyman(a) Wage 1st 2nd 3rd 4th 5th 6th 35% 40% 45% 50% 60% 70% Supplemental Benefits per hour Apprentice(s) 1st Term 15% of Hourly 3% of Houdy Wage Paid + Wage Paid + $ 2.36 $ 4.54 2nd Term 15% of Hourly 3% of Hourly Wage Paid + Wage Paid + $ 4.30 $ 6.79 3rd Term 28.0% of Hourty 16.0% of Hourly Wage,Paid + Wage Paid + $ 7.34 $10.21 4th Term 28,0% of Hourly 16.0% of Hourly Wage Paid + Wage Paid + $ 8,17 $11.35 5th Term 28.0% of Hourly t6.0% of Hourly Wage Paid + Wage Paid + $ 9.78 $13.61 6th Term 28.0% of Hourly 16.0% of Hourly Wage Paid + Wage Paid + $11.42 $15.88 NOTE: "Houdy Wage Paid" shall include any and all premium(s) pay 4-25 JOB DESCRIPTION Electrician Lineman ENTIRE COUNTIES Nassau, Suffolk WAGES For Utility Distribution & Transmission Line Construction DISTRICT Per Hour: 07101/2008 Lineman/Splicer $ 39.50 Marerlal Man 34.37 Heavy Equip. Operator 31.60 Groundman 32.70 Flagman 17.78 Undergrend Natural Gasline Mechanic (2" or Less) Page 33 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County 0~01~008 Journeyman U.G.Mech. $ 31.81 ** IMPORTANT N~)TICE - EFFE(~TIVE 04/01/2009 ** Four (4), ten (10) hour days may be worked at straight time during a week. Monday thru Thursday. Friday may be used as a make-up day. NOTE - In order to use the '4 Day/10 Hour Work Schedule,' you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30R; additionally, there must be a dispensation of hours in place on the project. SUPPLEMENTAL BENEFITS Per Hour: Utility Distribution & Transmission Line Construction 07/01/2008 All Classifications 24% of Hourly. Wage Paid + $ 6.40 Underground Natural Gas Mechanic Journeyman U.G.Mech. 07/01/2008 12% of Hourly Wage Paid + $ 5.96 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, Q) on OVERTIME PAGE See (B,G,P)for Natural Gas Mechanic HOLIDAY Paid: See (5, 6, 8, 16, 23, 25, 26) on HOLIDAY PAGE Overtime: See (1) on HOLIDAY PAGE REGISTERED APPRENTICES 1000 hour Periods at the fctlowing'Percentage of Journeyman's Wage. 1st. 2nd. 3rd, 4th, 5th. 6th. 7th. 60% 65% 70% 75% 80% 85% 90% 4-1049 Line/Gas JOB DESCRIPTION Elevator.Constructor DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk PARTIAL COUNTIES Rockland: Entire County except for the Township of Stony Point Westchester: Entire County except for the Townships of Bedford, Lewisboro, Cortland, Mt. Kisco, North Salem, Pound Ridge, Sorners and Yorktown. WAGES Per hour: 07/01/2008 Elevator Constructor $ 48.19 Elevator Constructor Page 34 Prevailing Wage Rates for 07/01/2008 - 06/3012009 Published by Ihe New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County Modem. & Service $ 38.46 SUPPLEMENTAL BENEFITS Per hour:. 07/01/2008 Elevator Constructor $ 21.82 Modern./Service $ 21.67 OVERTIME PAY , Constructor. See ( C, O ) on OVERTIME PAGE. Modem./Service See ( B, H ) on OVERTIME PAGE. When a service contract requires two 8-hour shifts, Mort-Sat, worker assigned to each of the double shifts shall work 8 hours per day, 6 days per week for a total of 48 hours. Worker shall be paid for 52 hours at single rate. Any worker who works less than 48 hours shall have his premium prorated. HOLIDAY Paid: See (5, 6, 9, 11, 15, 16, 25) on HOLIDAY PAGE Overtime: See(5, 6, 9, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES WAGES: Per Hour 07/01/2008 One (1) year terms at the following rate Elevator Constructor 1st Term $ 21.66 2nd Term $ 26.51 3rd Term $ 31.32 4th Term $ 36.14 Modern./Service 1st Term $ 21.15 2nd Term $ 21.66 3rd Term $ 25.00 4th Term ~ 28.85 Supplemental Benefits per hour paid: One (1) year term at the following dollar amount Elevator Constructor. 1st Term $18.18 2nd Term $18.55 3rd Term $19.28 4th Term $ 20.01 Modern/& 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: Glazier Scaffolding Repair & Maintenance: 07/01/2008- 05/01/2009 04/30/2009 $ 45.05 Additional $ 3,40/hour $ 46.05 Additional $ 3.40/hour Page 35 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Debertment of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County Glazier $ 25.85 Additional $1.25/hour Repair & Maintenance- All repair & maintenance work on a particular building, whenever performed, where the total cumulative contract value is under $100,000.00. SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 22.84 Glazier Repair & Maintenance**: OVERTIME PAY OVERTIME: $12.79 See [C*,D*O) on OVERTIME PAGE. * Denotes if an optional 8th hour is required same will be at the regular rate of pay. If 9th hour is worked then both hours or more ( 8th and 9th or more ) will be at the double time 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 Reeair & Maintenance Class: New Years day, Presidents day, Memodat day, Independents day, Labor day, Thanksgiving day, Day after Thanksgiving. and Christmas day. REGISTERED APPRENTICES Wage per hou~ (1) year terms at the following wage rates 1st term... $15,25 40% of Journeymans wage 2nd term... $ 22.55 50% .... 3rd term... $ 28.25 60% ...... 4th term.,. $ 36.05 80% ...... Supplemental Benefits: (Per hour worked) 1st term .... $10.57 2nd term .... $15.71 3rd term .... $17.13 4th term .... $19,99 9-1281 [DC9 NYC) JOB DESCRIPTION Insulator- Heat & Frost DISTRICT 9 ENTIRE COUNTIES Bronx. Kings, Nassau. New York, Queens, Richmond Suffolk WAGES Per hour: 07/01/2008 Heat. Frost & Asbestos Insulator(s) $ 46.86 SUPPLEMENTAL BENEFITS Per Hour: Insulator(s) OVERTIME PAY See (C, O, V) on OVERTIME PAGE $27.11 Page 36 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk Coun[y HOUDAY 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 percentage of Journeyman's rates. 1 st 2nd 3rd 4th 40% 60% 70% 80% Supplemental Benefits per hour: Apprentice Insulator(s) Same % as for Wage of $27.11 9-12 JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Wages: (Per Hour) 07~1~008 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 (9th) and tenth I10th) hours of work)and double time shall be pah:l for all work thereafter. ** Time and one-half shall be paid for all work on Saturday up to eight (8) ~ours and double time shall be paid for ali work therealter. HOUDAY Paid: See [1) on HOLIDAY PAGE Overtime: See [5, 6, 8, 18, 19) on HOLIDAY PAGE REGISTERED APPRENTICES Wages; (Per Hour) Six (6) month terms at the following wage rate. 1st 2nd 3rd 4th 5th 6th $20.42 21,02 21.02 21.62 21.62 '21.62 Page 37 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County Supplemental Benefits: (Per Hour) Applies to all Apprentices. $ 36.00' JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Rockland: Southern Section WAGES Per hour. 07/0112008 Reinforcing & Metal Lathing... $ 45.57 Shift Work: Off-hour shifts must begin after 3:30pm. and end before 7:00am Wage: $ 57.57 DISTRICT 9 SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 30.96* * Only $19.50 of the total Supplemental Benefits Amount subject to time one half or double time as per overtime code "V"). OVERTIME PAY OVERTIME: See (A',E',Q,V) on OVERTIME PAGE * All overtime in excess of ten (lO)hours shall be paid at double wage. HOMDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 18, 19, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour. (1) year terms at the following wage rates: 1st 2nd 3rd $ 26.90 $ 30.97 $ 35.50 Supplemental Benefits per hour paid: 1si 2nd 3rd 23.33 $ 24.88 $ 25.93 JOB DESCRIPTION Ironworker ENTIRE COUNTIES · Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchsster WAGES Per hour: 07/01/2008 DISTRICT 9 Page 38 9-40/361-Str 9-46Reinf Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County Ornamental $ 39.15 Chain Link Fence $ 39.15 Guide Rail Installation $ 39.15 Shift Work: Minimum duration of 5 days. Monday thru Fdday: When two or three shifts are employed, each shift shall work 7 hour days and be paid fcr 10 1/2 hours. Shifts not completing the full 7 hours shall be paid 1 1/2 times the straight-time rate for the hours worked. Saturday, Sunday, Holidays: When two or three shifts are employed, each shiff shall work 7 hour days and be paid for 15 3/4 hours. Shifts not cempleting the full 7 hours shall be paid 2 1/4 times the straight-time rate for the hours worked. SUPPLEMENTAL BENEFITS Per hour paid: OVERTIME PAY OVERTIME: 07/01/2008 $ 38.32 See (A*,D1,E**,Q,V) on OVERTIME PAGE. *Time and one-hail shall be paid for all wort( in excess of seven (7) hours at the end of a work day to a maximum of two (2) hours on any regular work da (Sth & 9th hours of work) and double time shall be paid for all work thereafter. **Time and one-half shall be paid for all work on Saturday up to seven (7) hours and double time shall be paid for all work thereafter. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES 1st term represents first 1-4 months, thereafter (112) year terms at the following percentage of Journeyman's wage. APPRENTICES: 1st 2nd 3rd 4th 5th 6th 60% 65% 70% 80% 85% 95%. 07101/2008 Supplemental Benefits per hour paid: I st Term $ 23.92 2nd Term $ 25.72 3rd Term $ 27.52 4th Term $ 31.12 5th Term $ 32.92 6th Term $ 36.52 9-580-Or JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour. 07/01/2008 DerrickmardRigger $ 48.00 SUPPLEMENTAL BENEFITS Journeyman $ 27.38 DISTRICT 9 OVERTIME PAY Page 39 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New Yon~ State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk Counly 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) houm at the end of a work day to a maximum of two hours on any regular work day (the eighth (8th) and ninth (9) hours of work) and double time shall be paid for all work thereafter. **Time and one-half shall be paid for all work on Saturday up to seven (7) houm and double time shall be paid for ali work thereafter. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 10) on HOLIDAY PAGE HOLIDAY: Paid: ........ See (1) on HOLIDAY PAGE. Overtime:....See (5*, 6', 8**, 24***, 25**) on HOLIDAY PAGE. *No work shall be pen~ormed on this day, except in cases of emergency. Such work shall be done at double time rate of pay. **Doubta time rate 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 percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 50% 70% 80% 90% 90% Supplemental benefits p~r hour paid: Registered Apprentice 1 st year All others 50% of journeyman's rate 75% of journeyman's rate 9-197D/R JOB DESCRIPTION Laborer- Building DISTRICT 4 ENTIRE COUNT]ES Nassau, Suffolk WAGES Per Hour: 07/01/2008 Building Laborer Asbestos ,~;batement Worker (Re-Roofing see Roofer) $ 28.75 $ 29;00 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Building Laborer $ 23.42 Asbestos Worker $11.10 OVERTIME PAY See (A, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Regular Hours Work Terms (Not Available for Abatment Work) TERM #1 I hr to 1000hfs TERM #2 1001hm to 2000hrs TERM #3 2001hrs to 3000hrs TERM ~ 3001hrs to 4000hrs Page 40 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New Yon~ State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County Wages per hour: APPRENTICES (Not Allowed on Abatment Work) TERM #1 $16,00 TERM fl2 18.75 TERM ~ 21.25 TERM #4 24.00 Supplemental Benefits per hour: APPRENTICES TERM #1 $11.83 TERM #2 13.33 TERM #3 14.11 TERM ~t 14.61 4-66 JOB DESCRIPTION Laborer- Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Laborer (Heavy/Highway): GROUP # 1: Asphalt Rakers and Formsetters. GROUP # 2: Asphalt Shovelers, Roller Boys and Tampers. GROUP # 3: Basic Laborer, Power Tool, Trackm~n, 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 SUPPLEMENTALBENEFITS PerHour: 07~1D008 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 Straight time hours on New York State D.O.T. and other Goverment Mandated Off-Shift Work NOTE: Hazardous Material 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 Joumeyman's Wage 1 st 2nd 80% 90% Supplemental Benefits per hour: Page 41 Prevailing Wage Rates for 071Q1/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk Coun[y APPRENTICES $ 22.83 After Forty (40)paid Houm in a work Week $14.62 4-1298 JOB DESCRIPTION Mason ENTIRE COUNTIES Bronx. Kings, Nassau, New York, Queens, Richmond: Suffolk WAGES Per Hour: 07/01/2008 BricldBIocklayer $ 44,99 SUPPLEMENTAL BENEFITS Per Hour: Brick/BIockLayer . 07/01/2008 $ 20.61 DISTRICT g 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 4tl~ 5th 500hm $21.76 $25.79 $29.82 $33.86 $37.89 ~h 500hm $39.91 Supplemental Benef~s per hour: All AppmnUces $11.38 9-1Brk JOB DESCRIPTION Mason - Building DISTRICT g ENTIRECOUNTIES Bronx. Kings, Nassau, New York. O~ange. Putnam. Queens. Richmond, Rockland. Suffolk. Westnhester WAGES Per hour:. 07/01/2008 Building: Tile Finisher $ 36.77 SUPPLEMENTAL BENEFITS Journeyman $ 20.65 OVERTIME PAY See (A, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE - Overtime: See (5, 6, 8, 10, 11, 15, 16) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (per hour paid) 12/01/2008 $ 37.68 $ 21.40 ( 750 hour ) terms at the following percentages of journeyman's wage. Page 42 Prevailing Wage Rates for 07101/20(~8 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County 1st 2nd 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. 1st 2nd 3rd 4th 5th 6th 50% 55% 65% 70% 75% 85% 7th 90% 7th 90% 8th 95% 8th 95% 9-7~8~ ,JoB DESCRIPTION Mason - Building ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/0112008 Building:Marble Restoration MaFole, Stone, etc & Polisher $ 36.36 Marble, Stone, etc Finishers $18.91 SUPPLEMENTAL BENEFITS Joumeymam 07/01/2008 DISTRICT 9 01/01/2009 $ 36.26 $18:94 01101/2009 Polisher $19.20 $19~80 Finisher $ 8.50 $10.47 OVERTIME PAY See (A, E, Q; V) on OVERTIME PAGE HOLIDAY Paid: See (*5, 6, 11, 15) on HOLIDAY PAGE Overtime: ~ See (5, 6, 11, 15) on HOLIDAY PAGE * Journeymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance pnd 1 ST three terms of Apprentices see ( 5, 6, 11, 15 )on HOLIDAY PAGE. All others See ( 1 ) on HOLIDAY PAGE. REGISTERED APPRENTICES Wages: (per hour worked) Polisher:. ~ 900 hour terms at the following percentage of Journeyman's wage. Term: 1st 2nd 3rd 4th Hours: 1- 901- 1801- 2701- 900 1800 2700 3600 70% 80% 90% 100% Finisher:. 750 hour terms at the following percentage of Journeyman's wage. Term: I st 2nd 3rd 4th 5th 6th 7th Hours: 1- 751- 1501- 2251- 3001- 3751- 4501- 750 1500 2250 3000 3750 4500 5250 70% 74% 78% 82% 88% 96% 100% Supplemental Benefits: (par hour worked) Polishe~ 07/01/2008 01/0112009 Page 43 Prevailing Wage Rates for 07701/2008 - 06/30~2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk Counly Term wage % of $6.50 plus $12.70 Term wage % of $6.50 plus $13.30 Finisher: $ 9.50 $10.47 9-7~24 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 1~/01/2008 Building: Tile Setters $ 45.32 $ 46.83 Shift Work: 12:01am Monday- 12:00midnight Friday $ 56.65 $ 58.53 12:01am Saturday- 12:midnight Saturday $ 67.98 $ 70.24 12:01am Sunday- 12:00midnight Sunday $ 90.64 $ 93;66 SUPPLEMENTAl. BENEFITS Journeyman: $ 24.15 $ 24.65 OVERTIME PAY See (A, E, Q, *V) on OVERTIME PAGE *Applicable to Shift Work ONLY HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 10, 11, 15, 16) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per Imur: (750 hr)terms at the following wage rates. Term: I st 2nd 3rd 4th 5th 6th Hours: 1- 751- 1501- 2251- 3001- 3751- 750 1500 2250 3000 3750 4500 7th 4501- 5250 8th 5251- 6000 9th 6001- 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: 1~ 2nd 3rd 4th 5th 6th 7th Hours: 1- 751- 1501- 2251- 3001- 3751- 4501- 750 1500 2250 3000 3750 4500 5250 8th 5251 - 6000 Supps. $12.00 13.03 15.23 16.37 17.38 19.58 20.70 21.90 9th 6001 - 6750 24.15 9-7/52 JOB DESCRIPTION Mason - Building ENTIRE COUNTIES Bronx, Kirks, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Page 44 DISTRICT 9 Prevailing Wage Rates for 07/01/2008 - 06/3012009 Published by the New York State Deparfl~ent of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County Building: 07101/2008 Mosaic & Terrazzo Mechanic $41.72 Mosaic & Terrazzo Finisher $40.26 SUPPLEMENTAL BENEFITS Journeyman: $28.26 01/01/2009 $ 42.14 $ 40.65 $ 29.26 OVERTIME PAY See (A, E, Q, V) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: (750 Hour) terms at the following percentage of the Terrazzo Mechanic's wage. 1st 2nd 3rd 4th 5th 6th 1- 751- 1501- 2251- 3001- 3751- 750 1500 2250 3000 3750 4500 50% 55% 65% 70% 75% 85% Supplemental benefits per hour paid: (750 hour) terms et the following percentage of Terrazzo Mechanic's benefit. 1 st 2n¢ 3r¢ 4th 5th 6th 1- 751- 1501- 2251- 3001- 3751- 750 1500 2250 3000 3750 4500 50% 55% 65% 70% 75% 85% 7th 8th 4501- 5251- 5250 6000 90% 95% 7th 8th 4501- 5251- 5250 6Q00 90% 95% 9-7/3 JOB DESCRIPTION Mason - Building / Heavy&Highway DISTRICT g ENTIRE COUNTIES Bronx, Kings, Nassau, New York. Queens, R. ichmond, Suffolk WAGES NOTE: Shall include but not limited to Precast concrete slabs (London Walks) Marble and Granite pavem 2'x 2' or larger. Per Hou~ 07/0112008 Stone Setter $ 56.34 Stone Tender $ 35.63 SUPPLEMENTAL BENEFITS Per Hour; Stone Setter 07/01D008 $22.03 $16.33 ** The first seven (7) houm on Saturday is paid at time and one-half all work thereafter is paid at double the hourly rate. HOLIDAY Paid: See (8, 25) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE · REGISTERED APPRENTICES Per Hour: 07/01/2008 Page 45 Stone Tender 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 hourly rate Prevailing Wage Rates for 07101/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County Stone Setter(750 hour) terms at the following wage rate per hour: 1 st 2nd 3rd 4th 5th 6th term term term term term term $28.34 $32.78 $37.33 $41.87 $46.42 $48.69 Supplemental Benefits for all terms 07~1~008 $13.86 9-1Stn JOB DESCRIPTION Macon - Building / Heevy&Highway DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Shall include but not limited to: fired day brick pavers, pressed concrete pavers, cobble stone, asphatt pavers. "mi Ragging, Granite, Marble and Conrete Slabs 2'x2'or larger see Stone Macon Classification." WAGES: (per hour) 07/01/2008 Journeyman $44.99 SUPPLEMENTAL BENEFITS Journeyman $20.61 OVERTIME PAY See (A. E, E2, Q) on OVERTIME PAGE HOMDAY 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 2n¢ 3rd 4th 5th 500hrs $ 21,76 $ 25.79 $ 29.82 $ 33.86 $ 37.89 6th 500hrs $ 39.91 Supplemental Benefit Per Hour: All Apprentice Terms $ 20.61 9-1 Paver JOB DESCRIPTION Mason - Building / Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2008 Marble-Finisher $ 40.75 SUPPLEMENTAL BENEFITS Jeurneyman $ 23.73 OVERTIME PAY See (C, O, V) on OVERTIME PAGE Page 46 01101/2009 $ 41.30 $24.33 DISTRICT 9 Prevailing Wage Rates for 07101/2008 - 06/3012009 Published by the New York State Department of Labor Last Published o~ May 01 2009 P~RC Number 2009004638 S~ffolk County HOLIDAY Paid: See (*2) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 15, 25) on HOLIDAY PAGE * 1/2 Day for Labor Day. REGISTERED APPRENTICES Wages: 750 hour terms at th~ following percentage of Journeyman's wage. I st 2nd 3rd 4th 5th 6th 7th 8th 1- 751- 1501- 2251- 3001- 3751- 4501- 5251- 750 1500 2250 3000 3750 4500 5250 6000 50% 55% 65% 70% 75% 85% 90% 95% Supplemental Benefits: I st-6th terms 07/01/2008 01101/2009 $13.90 + term $14.50 + term w~ge % of $9.83 wage % of $9.83 7th and 8th terms $23.73 $24.33 9-7/20-MR JOB DESCRIPTION Mason - Heavy&Highway DISTRICT 9 ENTIRE COUNTIES ' Bronx, Kings, Nassau, New York, Queens. Richmond. Suffolk WAGES Per Hour: 07/01/2008 (MASON) Pointer, Cleaner & Caulkers $ 37.39 SUPPLEMENTAL BENEFITS Pointer, Cleaners & $ 20.11 Caulkers OVERTIME PAY See (B, E2, H) ~n OVERTIME PAGE HOMDAY Paid: See (1) on HOLIDAY PAGE Overtime: Sea (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (Per hour) One (1) year terms at the following wage rates. 1st 07/01/2008 $19.61 2nd $ 22.72 Apprentices Supplemental Benefits: (per hour paid) 3rd $ 27.95 4th $ 34.38 07101/2008 1st 2nd 3rd 4th $ 2.80 $ 7.00 $ 9.50 $ 9.50 ~IPCC JOB DESCRIPTION Mason - Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Page 47 DISTRICT 9 Prevailing Wage Rates for 07101/2008 - 06/30/2009 Published by the New Yod( State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County Per Hour: 07/01/2008 Cement Mason $ 47.50 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Cement Mason $ 26.80 OVERTIME PAY See (C, O, v) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 25) on HOLIDAY PAGE REGISTERED APPRENTICES ( 1 ) year terms at the following wage rates. 1st Term $ 23.75 2nd Term $ 28.50 3rd Term $ 33.25 Supplement Benefits per hour paid: Apprentices: I st term $ 20.84 2nd term $ 23.44 3rd term $ 26.02 9-780 JOB DESCRIPTION Operating Engineer- Building ENTIRE COUNTIES Nassau Suffolk WAGES BUILDING CATEGORIES: DISTRICT 4 CLASS "AA "CRANES: Crane. Track Crane. Derrick, Dragline, Dredge, Crawler Crane. Tower Crane & Pile Ddver. CLASS Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine. Cherry Picker (over 50 tons), Concrete Pump, Gradall, Grader, Hoist,Loading Machine (10 yds. or more), Milling Machine. Power Winch - Stone Setting/Structural Steel & Truck Mounted, Powenhouse. Road Paver. Scoop-CanyalI-Scra per in Tandem. Shovel. Sideboom Tractor. Stone Spreader (self-propelled), Tank Work. Tower Crane Engineer. CLASS "B": Backhoe, Boom Truck, Bulldozer. Boring Machine/Auger, Cherry Picker (under 50 Tons), Conveyor-Multi, Dinkey Locomotive, Fork Lift. Hoist (2 DnJm), Loading Machine & Front Loader, Mulch Machine (Machine Fed), Power Winches (Not Included in Class "A"), Asphalt Roller, Hydraulic Pure0 with Boring Machine, Scoop, Carryall, Soaper, 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 (dirt), Ridge Cutter, Vac-AII. Shotb[aster, Stdping Machine, Intedor Hoist. Concrete Finish Machine, CencreteSpreader. Conveyer, Curing Machine. Hoist [one drum). CLASS "D": Concrete Breaker. Concrete Saw/Cutter, Fork Life or Walk Behind (power operated), Generator. Hydra Hammer. Compactors (mechanical or hand operated), Pin Puller. Portable Heaters. Power Booms. Power Buggies, Pump (double action diaphragm). CLASS "E": Batching Plant. Generator, Gdnder. Mixer. Mulching Machine. Oiler. Pump (gypsum), Pump (single action diaphragm), Stump Chipper. Track Tamper, Tractor (caterpiller or wheel), Vibrator. Deckhand on Workboat. 07101/2008 Class"AA" $ 52.28 Cranes: Boom length overl00feetadd $1.00 perhour "150 ' ' $1.50 '" Page 48 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York Slate Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County "250" "$2.00"" "350 · "$3.00"" Class "A" $ 46.04' *Add $3.50 for Hazardous Waste Work Class 'B" $ 43,65* *Add $2.50 for Hazardous Waste Work Class "C" $ 42.06* *Add $1.50 for Hazardous Waste Work Class "D" $ 38.85 Ciasa "E" $ 37.24 SUPPLEMENTAL BENEFITS Per Hour:. 07/01/2008 ALL CLAsSEs $ 28.29 NOTE: Overtime Rate $ 23,05 OVERTIME PAY See (D, O) on OVERTIME PAGE HOMDAY 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: 07/01/2008 I st Term $ 20.84 2nd Term 21.67 3rd Term 22.33 Supplemental Benefits per hour: APPRENTICES $15.89 Note: OVERTIME AMOUNT 5.85 4-138 JOB DESCRIPTION Operating Engineer- Building/Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008- 08/01/2008 07/31/2008 Well Driller $ 29.00 $ 29.00 + $1.16 Well Driller Helper 25.52 25.52 + $1.03 Hazardous Waste Differential Added to Hourly Wage: Level A $ 3.00 $ 3.00 Levol B 2.00 2.00 Level C 1.00 1.00 Page 49 Prevailing Wage Rates to~ 07/01/2008 - 06/30/2009 Published by the New Yod( State Deparlment of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County Mon[torieg Well Work Add to Hourly Wage: Level A $ 3,00 $ 3.00 Level B 2,00 2.00 SUPPLEMENTAL BENEFITS Per Ho'ur: 07/01/2008- 07/31/2008 08/01/2008 Well Driller Well Driler Helper $10% of sbaight time rote plus $9.55 10% of straight time rate plus $ 9,55 (NOTE) Additional $2.25 for Additional $ 2.88 for Premium Time Premium Time OVERTIME PAY See (B, E, G. P) on OVERTIME PAGE klOLIDAY Paid: See 5, 6, 15, 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 Party Chief-One who directs a survey party Instrument Man - One who runs the instrument and assists Party Chief Rodman - One who holds the rod and ir general, assists the survey party Categories cover GPS & Under Ground Surveying Per Hour: 07/01/2008 Heavy Highway/Building Party Chief $ 49.11 + $3.41/Hr Instrument Man 37.01 + $2.83/Hr Rodman 32,63 + $2.62/Hr Steel Erection Party Chief $51.03 + $2.63 Instrument Man 40.30 + $2.25 Rodman 27.86 -~ $1.80 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Heavy Highway/Building $ 21.64 Steel Erection $ 22.58 OVERTIME PAY See (B, *E, Q) on OVERTIME PAGE · Doubletime paid on the 9th hour on Saturday. HOLIDAY Paid: See (5, 6, 8, 11, 12, 15, 251 on HOLIDAY PAGE Overtime: See [5, 6, 8, 11, 12, 15, 25] on HOLIDAY PAGE 4-15D-N/S co. JOB DESCRIPTION Operating Engineer- Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk Page50 Prevailing Wage R~tes for 07101/2008 - 06/3012009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County WAGES HEAVY/HIGHWAY CATEGORIES: CLASS "AA" CRANES: Crane, Truck Crane, Derrick, Dragline, Dredge, Crawler Crane, Tower Crane, Pile Driver. CLASS "A': Asphalt Spreader, Backhee Crawler, Boiler Cherrypicker (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-Camjall-Scaper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (self propelled), Tank Work, Track Alignment Machine. CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker (under 50 tons), Conveyor-Multi, Dinky Locomotive, Fork Lift, Hoist (2 drum), Loading Machine & Front Loader, Mulch Machine (machine fed), Power Winches (all others not included in CLASS A), Asphalt Roller, Hydraulic Pump wlth Boring Machine Scoop Can'yall 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 (SmalJ), Pulvi-Mixer. Pumps, Roller (Dirt), Vac-All, Welding/Buming, Compressor (Structural Steal & 2 or moro Batteries), concrete Finish Machine, Concrete Spreader, conveyor, Curing Machine, Fireman, Hoist (One Drum), 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 Opera[~acl), Generator (Pile Work),Hydra Hammer, Hand Operated Compactor. Pin Puller. Portable Heater, Powered Broom/Buggy/Grinder, Pump (Single Action~l to 3 Inches/Gypsum/Double Action Diaphragm), Hand Trenching Machine, Welding Machine. CLASS "E": Batching Plant, Generator, Grinder Mixer, Mulching Machine, Oiler, Pump (Centrifugal up to 3 In.), Root Cutter. Stump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand on Work Boat. 07/01/2008 Cranes: Boom Length over 100 feet add $1.00 per hour "150" ' $1.50 '" "250" "$2.00 '" ' 350" "$3.00 '" $ 53.56 Class "A" *Add $3.50 for Hazardous Waste Work. $ 47.31 * Class "B" *Add $2.50 for Hazardous Waste Work. $ 44.14' Class "C" *Add $1.50 for Hazardous Waste Work $ 42.54* Class "D" $ 39.33 Class "E" $ 37.74 "NOTE": PREMIUM PAY of 25% on straight time hours for NEW YORK STATE- D.O.T. and other GOVERNMENTAL MANDATED off-shift work. SUPPLEMENTAL BENEFITS Per Hour. 07/01/2008 ALL CLASSES $ 27.39 Note: OVERTIME AMOUNT $ 23.05 OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See (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. Page 51 Prevailing Wage Rates for 0710112008 - 06/3012009 Published by the New Yon~ State Del~ortment of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County REGISTERED APPRENTICES One(1 ) Year Terms at the following Rate: 1st Term $ 20.84 2nd Term 21.67 3rd Term 22.33 APPRENTICES $15.89 Note: OVERTIME AMOUNT 5.85 4-138 JOB DESCRIPTION Operating Engineer- Madne Construction DISTRICT 4 ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Colun~bia, Cortlan.d., Delaware, Dutchess, Erie Essex Franklin, Fulton, Genesee, Greene, Hamilton, Herklmer, 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, Tmga, Tompkins, Ulster, Warren, Washington, Wayne. Westchester, Wyoming, Yates WAGES Per Hour:. DIPPER, CLAMSHELL DREDGES 07/01/2008- 10/01/2008 & HYDRAULIC DREDGES 09/30/2008 CLASS A Operator, Leverman, Lead Dredgeman 32.09 $ 32.89 CLASS B Spider/Spill Barge Operator. Tug Operator(overl00Ohp), Operatorll, Fill Placer, Derrick Operator, Engineer. Chief Mats, Electrician. Chief Welder. Maintenance Engineer Certitied Welder, Boat Operator(licensed) $27.94 $ 28.49 $ 26.29 $ 26.84 CLASS C Drag Barge Operator, Steward, Mate, Assistant Fill Placer, Welder (please add) Boat Operator 25,49 $ 26.14 $ 0.51 $ 0.06 24.79 $ 25.29 20,64 $ 21.09 $ 0.09 $ 0,09 CLASS D Shoreman. Deckhand. Rodman. Scowman, Cook Messman. Porter/Janitor Oiler(please add) SUPPLEMENTAL BENEFITS Per Hour: THE FOLLOWING SUPPLEMENTAL BENEFITS APPLY TO ALL CATEGORIES 07/01/2008- 10/0112008 09/30/2008 $ 7.80 p~us $ 8.05 plus Page 52 All Classes A & B Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Numbe[ 2009004638 Suffolk County (overtime houm add) 7% of straight 7% of straight time wage time wage $ 0.63 $ O.63 All Class C (overtime houm add) $ 7.50 plus $ 7.75 plus 7% of straight 7% of straight time wage time wage $ 0.48 $ 0.48 Ail Class D · (overtime houm add) OVERTIME PAY See (B, F, R) on OVERTIME PAGE $ 7.20 plus $ 7.45 plus 7% of ~traight 7% of straght time wage time wage $ O.23 $ O,23 HOLIDAY Paid: See ('1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 15, 26) on HOLIDAY PAGE 4-25a-MarConst JOB DESCRIPTION Opera~ng Engineer- Tmnchless Pipe Rehab DISTRICT 4 ENTIRE COUNTIES Albany, Ailegany, Bronx, Brcome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franldin, 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, U ster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES Per Hour; 07/01/2008 DSET/DSSET Operator $ 31.50 Robotic Unit Operator 31.50 ' DDCC Injection Operator 31~50 Technician/Equipment Operator 27.00 AM Liner/Hydra Seal Installer Hobas Pipe, Polyethyene Pipe or Pu~l and Inflate Liner Inst. 27.00 27.00 SUPPLEMENTAL BENEFITS Per Hour Worked Ail C~assifacetions $11.34 OVERTIME PAY See (B, H) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE REGISTERED APPRENTICES At One Year Terms (Per Hour) First Year $16.00 Second Year 16.75 Third Year 17.25 Page 53 Prevailing Wage Rates for 07101/2008 - 06/3012009 Published by Ihe New Yon~ Slate Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County Fourth Year 18.00 Supplemental Benifit (Per Hour Worked) All Terms $11.34 ~138TrchPReh JOB DESCRIPTION Painter ENTIRE COUNTIES Nassau, Suffolk WAGES Per hour: DrYwall Taper SUPPLEMENTAL BENEFITS Per hour worked: 07/01/2008 $ 35.00 Joumeyman $ 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 3rd Year 21.00 4th Year 28.00 Suppemental B~nefits: (per Hour) I st year $ 9.82 2nd Year 12.32 3rd year 14.74 4th year 19.42 9-NYDCT9-DWT JOB DESCRIPTION Painter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester 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 ) 07/0112008 Paperhanger $ 24.15 Ail others 20.94 OVERTIME PAY See (A, H) on OVERTIME PAGE Page 54 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County 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 1st term,,, $13.25 Appr 2nd term... 17.50 Appr 3rd term.., 21.00 Appr 4th ten~... 28.00 Spplemental benefls: (per Hour worked) Appr 1st term... $ 9.82 Appr 2nd term... 12.32 Appr 3rd term,., 14.74 Appr 4th term... 19.42 ~NYDC9-~S JOB DESCRIPTION Painter- Heavy&Highway DISTRICT ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008- 10101/2008 09/30/2008 Structural Steel $ 44,00 $ 45.25 Bddge Painting 44.00 45.25 Power Tcol/Compressor 50.00 51,25 "NOTE" 8ddge Painting Contracts. ALL WORKERS on and off the bridge(including flagmen) ara to be paid Painting Rate. The Contract must be ONLY for Bridge Painting, SUPPLEMENTAL BENEFITS Per Hour:. 07/01/2008- 10/01/08 09/30/2008 Painters/ /MI Classirmations $ 27.66 $ 28.31 OVERTIME PAY See IA, 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(l) Year Terms at the following Percentage of the Joumeymanls) Wage: 1st Term 40% 2nd Term 60% 3rd Term 80% Supplemental Beneffis per hoar: Apprentice(s) Ist Term $ 27.66 $ 28.31 2nd Term 27.66 28.31 3rd Term 27.66 28.31 Page 55 4-DCg/NS-BrSS Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New YeP4 State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk county JOB DESCRIPTION Painter- Line Stdping DISTRICT 9 ENTIRE COUNTIES Albany Bronx, Clinton, Columbia Dutchess, Essex, Franklin, Fulton, Greene, Hamilton, Kings, MontgomeP/, Nassau, New York, Orange, Putnam, Queens, Rensselaer, Richmond, Rock and, Saratoga, Schenectady, Schohade, Suffo k, Sullivan, Ulster, Warren, Washington, Westchester WAGES Per hour: Painter (Stfiping~Highway): 07/01/2008 Striping-Machine Operator* $ 25.53 Linerman Thermoplastic $ 30.79 Note: * Includes but is not limited to: Positioning of cones and directing of traffic using hand held devices. Excludes the Driver/Operator of equipment used in the maintenance and protection of traffic safety SUPPLEMENTAL BENEFITS Per hour paid: Journeyman: OVERTIME PAY See (B, E, P, S) on OVERTIME PAGE HOLIDAY Paid: Over, in, e: 07/01/2008 $ 9.97 + 7% of wage See (5, 20) on HOLIDAY PAGE 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 Albany Al egany Bronx, Breome Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fu ton, Genesee, Greene, Ham ton, Herk mer, Jefferson, Kings, Lewis, Liv ngston, Mad son, Monroe, MontgomerY, Nassau New York, N agara, Oneida, Onondaga, Ontado Orange Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond,Roddand, Saratoga, Schenectady, Schohade, Schuy er, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES 07/01/2008 Metal Polisher $ 23.10' *Note: All wort(ers shall be paid an additional premium in an amount equal to twenty (20%) percent of their basic straight time rate of pay for all time worked on hanging scaffolds and on standing scaffolds while working more than 34 feet off the ground. Such premium are to be paid on top of their straight time or overtime, whichever is applicable. This also applies to employees erecting scaffolding~ SUPPLEMENTAL BENEFITS Per Hour:. 07/01/2008 Journeyman: $11.02 OVERTIME PAY See (B, E, Q, T) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE Overtime: See (5, 6, 9, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES 55% of Basic Polisher Rate 9-8A/28A-MP JOB DESCRIPTION Plasterer ENTIRE COUNTIES Kings, Nassau, Queens, Suffolk PARTIAL COUNTIES New York: Includes work in all Islands in New York City, except Manhattan. Page 56 DISTRICT 9 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New Yod( State Deparlment of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County WAGES Per hour: Building: Plasterer/Traditional SUPPLEMENTAL BENEFITS Per hour worked: Journeyman 07/01/2008 $ 35.53 $ 21.80. OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (per hour) ( 1 ) year terms at the following % journeyman's wage rate. First year:. 1st 6 months 2nd 6 months 40% 45% Second year: 1 st 6 months 2nd 6 months 55% 60% Third year:. 1 st 6 months 2nd 6 months 70% 75% Supplemental Benefits: (per hour paid): (1) year term broken down into six month periods: I st year: 1st six months $ 8.37 2ed six months 9.35 3rd s~x monks 11.35 4th six months 12.33 5th six months 14.33 6th six months 15.33 9~530-Z1 JOB DESCRIPTION Plumber DISTRICT 4 ENTIRE COUNTIES Nassau. Suffork WAGES Per Hour:. 07/01/2008 Plumber/ PUMP & TANK $ 42.24 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Plumber $18.57 OVERTIME PAY See (B, N, V)on OVERTIME PAGE (V) Sunday & Holidays Only HOLIDAY Paid: See (1) on HOLIDAY PAGE Page 57 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County Overtime: See (5, 6, 16~ 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at the Fcttowing 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 Plumber DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 05/01/2009 07/01/2008- 04/31/2009 Plumber MAINTENANCE ONLY $26.73 28.07 (NOTE) Maintenance: Correction of pmblem(s)with the existing fixture or group of fixtures, preventive repaim or servicing of said fixtures. SUPPLEMENTAL BENEFITS Per Hour:. 07/01/2008- 05/01/2009 04/31/2009 Plumber $9.00 MAINTENANCE ONLY OVERTIME PAY See (B, J) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms, WAGES Per Hour as Follows: 07/01/2008- 04/31/2009 $9.40 05101/2009 lstterm $13.61 $14.29. 2nd term ~14.65 $15.38 3rdterm $15.74 $16.53 4thterm $16:88 $17.72 5thterm $18.06 $18.96 SUPPLEMENTS PER HOUR 1st term $7,55 $7.90 Page 58 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New Yon~ State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County 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 Maintance JOB DESCRIPTION Plumber ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour. Plumber 07/01/2008- 10/31/2008 $ 46.98 11/01/2008 $ 47.73 DISTRICT 4 SUPPLEMENTAL BENEFITS Per Hour: Plumber $ 24.88 $ 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 et the following pementage of Plumbers Rate: 1st Term 2nd Term 3rd Term 4th Term 5th Term 30% 40% 50% 60% 70% Supplemental Benefits per hour. 07/01/2008- 10/31/2008 1st Term $12,8g $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 Roofer ENTIRE COUNTIES Nassau. Suffolk WAGES Rate Per Hour Roofer/Waterprcofer 07/01/2008- 09/30/2008 $ 37.75 10/01/2008 addl $2.50 DISTRICT 4 Page 59 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County SUPPLEMENTAL BENEFITS Per Hour: Reefer/Waterproofer 07/01/2008- 09/30/2008 $ 22.62 10/01/2008 22.62 OVERTIME PAY Per Hour. NEW ROOF SEE (B,E,Q) RE-ROOF SEE (B,E,E2,Q) HOEDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 13, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES (1) Year terms at the following pecentage of Reefers~Vateri3reefem Wage 1st 2nd 3rd 4th 40% 50% 70% 80% Supplemental Benefits per hour: 1st Term $ 2.00 2nd Term 6.00 3rd Term 12.35 4th Term 17.3~ JOB DESCRIPTION Sheetmetal Worker DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York. Queens, Richmond. Suffolk WAGES Per Hour:. 07/01/2008- 08/01/2008- 02/01/2009 07/31/2008 01/31/2009 $ 43.69 $ 45.44 $ 46.44 Sheetmelal Worker For Temporary Operation or Maintenance of Fans is 80% of Above Wage Rate SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008- 07/31/2008 08/01/2008- 02/01/2009 01/31/2009 Sheetmetal Worker $ 35.26 $ 35.26 $ 36.01 OVERTIME PAY See [A, Ol 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 Page 60 Prevailing Wage Rates for 07/01/2008; 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County REGISTERED APPRENTICES Per Hour: (1/2) Year Terms at the following percentage of journeyman's hourly 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 JOB DESCRIPTION Sheetmetal Worker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens. Richmond, Rockland, Suffolk. Westchester WAGES Per Hour: 07/01/2008- 07/16/2008 07/15/2008 SIGN ERECTOR $36.80 $38.25 DISTRICT 9 *NOTE: Overhead Highway Signs and Structurally Supported Signs (See IRON WORKER CLASS) SUPPLEMENTAL BENEFITS PER HOUR 07/01/2008- 07/16/2008 07/15~2008 $23.59 25.20 OVERTIME PAY See (A, F, S) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 11, 12, 16, 25) on HOLIDAY PAGE Ore.me: See (5. 6. 10, 11.12. 16. 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: 07/01/2008 Half (1/2) year terms at the following rate(s): 1st 2nd 3rd 35% 40% 45% 6th 7th 8th 60% 65% 70% Sapp{emental Benefits per hour paid: Half (1/2) year terms at the following oollar amount 07/01/2008- 07/16/2008 07/15/2008 4th 50% 9th 75% 5th 55% 10th 80% Page 61 Prevailing Wage Rates for 07/01/2008 - 06/3012009 Publishsd by the New Yod( State Depadment of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk Courtly 1st $6.77 $7.21 2nd $7.67 $8.17 3rd $8.58 $9.14 4th $9.47 $10.10 5th' $12.79 $13.58 6th $14.66 $15.41 7th $15.84 $16.65 8th $17.04 $17.92 9th $18.65 $19.59 10th $20.19 $21.19 9-137-SE JOB DESCRIPTION Steamfitter ENTIRE COUNTIES Bronx, 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 Heat & Air Conditioning 34.32 SUPPLEMENTAL BENEFITS Per Hour steamr~er $ 39.88 Sprinkler Fitter 39.88 DISTRICT 9 (For Work on Temporary Heat & Air conditioning). $ 29.02 OVERTIME PAY See (C, *D, O, V) on OVERTIME PAGE (*D) ON ALL HVAC AND MECHANICAL CONTRACTS THAT DO NOT EXCEED $15,000,000.00 and ON ALL FIRE PROTECTION/SPRINKLER CONTRACTS THAT DO NOT EXCEED $1,500.00.00 HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour worked: ( 1 ) year terms at the following percentage of Journeyman's wage. Apprentices: 1 st 2nd 3rd 40% 50% 65% Suppelmental Benefits: (1) year term at the following dollar amounts: Apprentices: I st 2nd 07/01/2007 $15.79 $19.53 4th 5th 80% 85% 3~ $25.15 4th $30.75 5th $32.63 9-638A-StmSpFtr JOB DESCRIPTION Steamfitter ENTIRE COUNTIES Bronx, Kings, Nassau, New York. Queens. Richmond, Suffolk Page 62 DISTRICT 9 Prevailing Wage Rates fo~ 07101/2008 - 06/30/2009 Published by the New Yon~ State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County WAGES Per Hour: 07/01/2008 Steamfltter/Maintance $ 32.45 Refrigeration, NC, Oil Burner and Stoker Service and Installations, limited on Refrigeration to combined compressors up to five (5) horsepower, and on NC Heating and Air Cooling to combined compressors up to ten (10) horsepower. SUPPLEMENTAL BENEFITS Per Hour 07/01/2008 Steamfitter/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 PAGE. Overtime:.... * ( 2, 6, 9; 15, 17 ) · * ( 10, 11, 26, Memorial Day ) 9-638B~StmFtrRef DISTRICT 9 JOB DESCRIPTION Survey Crew Consulting ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Dutchess: Only the portion south of the north city line in Poughkeepsie. WAGES Feasibility and preliminary design surveying, line and grade surveying for inspection ar supervision of construction when performed under a Consulting Engineer agreement. Categories cover GPS & underground surveying. WAGES: (per hour) 07/01/2007 Survey Rates: Pady Chief. .... $ 29~82 Instrument Man.. $ 25.01 Rodman .......... $ 21.95 SUPPLEMENTAL BENEFITS (per hour paid) Journeyman ...... $11.70 OVERTIME PAY OVERTIME:.... See ( B, E*, Q, V ) 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 9-15dcensult JOB DESCRIPTION Teamster - Building / Heavy&Highway ENTIRE COUNTIEs Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2008 Track Ddver, Chauffeur Page 63 DISTRICT 4 Prevailing Wage Rates for 07101/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County Trailem $ 26.33 Straight Jobs 26.03 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 All Classifications $19.20 OVERTIME PAY See lB, L, S, Sl) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 7, 8, 11, 12. 26) on HOLIDAY PAGE Employee must work Two(2) Days in Holiday Week 4~82.Demo JOB DESCRIPTION Teamster - Delivery of Asphalt & Concrete ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008 "TRUCK DRIVER" Asphalt Deliver/ $ 32.885 Concrete Delivery 32.885 ADDITIONS Per Day: Three(3) Axle Tractors and Trailers: $10.00 Heavy Equipment and Tag-Along Trailers: 10.00 Boom Truck Ddvers: 8.00 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 "TRUCK DRIVER" All Classifications $ 27.05 OVERTIME PAY See (B, E, Q, R, T) on OVERTIME PAGE (NOTE) PREMIUM PAY of 25% on straight time hours for New York State D.O.T. and or other GOVERNMENTAL MANDATED off shift work. HOLIDAY Paid; See (5, 6, 11, 12, 15, 25) on HOLIDAY PAGE Overtime: See (11, 12. 15. 25) on HOLIDAY PAGE Employee must Work TWO(2) Days in Holiday Week. 5,6,13 Paid at Triple if Worked. DISTRICT 4 4-282ns JOB DESCRIPTION Welder DISTRICT 1 ENTIRE COUNTIES Albany Ailegany, Bronx, Broome, Cattaraugus Cayuga Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Ham ton, Herk mer, Jefferson, Kings, Lew s, Livingston, Mad son, Monroe, Montgomery, Nassau, New York Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Renss?aer. Richmond, Rockland, Saratoga, Schenectady, Schoharie. Schuyler, Seneca, St. Lawrence, Steuben, Suffo k, Su ivan. Toga, Tompkms Ulster, Warren, Washington, Wayne. Westchester, Wyoming, Yates WAGES Per hour 07/01/2008 Welder (To be Daid the same rate of the mechanic performing the work) Page 64 Prevailing Wage Rates for 07101/2008 ~ 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Suffolk County OVERTIME PAY HOLIDAY 1-AsPerTmde Page 65 Prevailing Wage Rates for 07101/2008 - 06/30/2009 Pub§shed by the New York State Department of Labor Last Published on May 01 2099 PRC Number 2009004638 Overtime Codes Following is an explanation of the coders) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may Also be Iismd in the HOLIDAY section. (A) (AA) (S) (B1) (B2) (c) (Cl) (D) (D1) (E) (El) E3 ) (E2) (E4) (F) (G (H (~ (J (K (L (M (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 half of the houdy rate after 8 hours per day Time and one half of the hourly rate for the 9th & 10th hours week days and the 1st 8 hours on Saturday. Double the houdy rate for all additional hours Time and one half of the h0udy rate after 40 hours per week Double the houdy rate after 7 hours per day Double the houny rate after 7 and one half hours per day Double the houny rate after 8 hours per day Double the hoedy rate after 9 hours per day Time and one half of the hourly rate on Saturday Time and one half 1st 4 hours on Saturday Double the hourly rate all additional Saturday hours Between November 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather, provided a given employee has worked between 16 and 32 hours that week Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather Time and one half of the hourly rate on Saturday and Sunday Time and one half of the hourly rate on Saturday and Holidays Time and one haft of the houdy rate on Saturday, Sunday, and Holidays Time and one half of the houdy rate on Sunday Time and one half of the hoedy rate on Sunday and Holidays Time and one half of the hourly rate on Holidays Double the houd, rate on Saturday Double the houd, rate on Saturday and Sunday Double the houd ~ rate on Saturday and Holidays Double the houd ~ rate on Saturday, Sunday, and Holidays Double the hoed ~ rate on Sunday Double the heed f rsrs on Sunday and Holidays Double the houdy rate on Holidays TWO and one half times the houdy rate fo~ Holidays, if worked Two and one half times the houdy rate the first 8 hours on Sunday or Holidays One and one half times the houdy rate all additional hours. Tdpts the houdy rate for Holidays, if worked Page 66 Prevailing Wage Rstes for 07101/2008 - 06/30/2009 Published by the New York State Deeart~nt of Labor Last Published on May 01 2009 PRC Number 2009004638 ( U ) Four times the hourly rate for Holidays, if worked ( V ) Including benefits at SAME PREMIUM as shown for over~ime ( W ) Time and one half for benefits on all overtime hours. NOTE:BENEFITS are PER HOUR WORKED.for each hour worked, unless otherwise noted Page 67 Prevailing Wage Rates for 07/0112008 - 06/30/2009 Published bY the New Yod( State Department of Labor Last Published on May 01 2009 PRC Number 2009004638 Holiday Codes PAID Holidays: Paid Hol days are days for which an eligible employee receives a regular day's pay, but is not required to j)er[orm work. If an employee works on a day listed- as a paid holiday, this remuneration is in addihon to payment of the requ red prevaihng rate for the work actually pen'ormed. OVERTIME Holiday Pay: Overt me ho iday pay is the premium pay that is re§uired for work performed on specified holida~.s. It Ls .o.nl_y_m. quired ?h.ere.the.empl.oyee actua y performs work on such holida~vs. The .a~hcable holidays are h.s. ted u. nder H. OL. IDA~S: ?VER/IMI:./ne reqmree ram or pay for these covered hol days can be found tn the OVERTIME PAY section I~shngs for eacn c~ass ncat on. Fol ow ngs an explanat on of the code s) listed in the HOLIDAY section of each classific~,,tion, ce~tai .ned in the attached schedule. The Ho days as sted below are to be paid at the wage rates at which the emp oyee s norma y c assi~le(]. (1) (2) (3) (4) (5) (5) (7) (8) (9) (10) (11) (12) (13) (14) (is) (17) (18) (19) (2O) (21) (22) (23) (24) (25) (26) None Labor Day Memorial Day and Labor Day Memorial Day and July 4th Memorial Day, July 4th, and Labor Day New Year's, Thanksg~wng, and Christmas Lincoln's Birthday, Washington's Birthday. and Veterans Day Good Friday Lincoln's Birthday W~shington's Birthday Columbus Day Election Day Presidential Election Day 1/2 Day on Presidential Election Day Veterans Day Day after Thanksgiving Ju~y 4th 1/2 Day before Christmas 1/2 Day before New Years Thanksgiving New Yea~s Day Christmas Day before Christmas Day before New Year's Presidents' Day Martin Luther King, Jr. Day Page 68 BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION: REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Fax (5'18) 485-'1870 or mail this form for new schedules or for determination for additional occupations. THIS FORM MUST BE TYPED SUBMITTED BY: [] CONTRACTING AGENCY [] PUBLIC WORK DISTRICT OFFICE DATE: (CHECK ONE) [] ARCHITECT OR ENGINEERING FIRM A. PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertaining to Contracting Agency) 1. Name and complete address ( [] check if new or change) Telephone: ( ) Fax: ( E-Mail: 2. NY State Units (see Item 5) [] 01 DOT [] 02 OGS [] 03 DormitoPj Authority [] 04 State University Construction Fund [] 05 SUNY/Colteges [] 06 Mental Hygiene Facilities Com. [] 07 OTHER N.Y. STATE UNIT [] 08 Cb [] 09 Local School Distdct [] 10 Spedal Local District, Le., Fire. Sewer. Water District [] 11 Village [] 12 Town [] 13 County [] 14 Other Non-N.Y. State (Desc~be) 3. SEND REPLY TO [] check if new or change) Name ana compiete address Telephone: ( ) Fax:( ) E-Mail: B. PROJECT PARTICULARS 5. Project Title Description of Work Contract Idenflfmation Number Note: For NYS units, the OSC Contract No. 7. Nature of Project - Check One: [] 1. New Building [] 2. Addition to Existing Structure [] 3. Heavy and Highway Construction [New and Repair) [] 4. New Sewer or Waterline [] 5. Other New Construction (Explain) [] 6. Other Reconstruction. Maintenance. Reeair or Alteration [] 7. Demolition [] 8. Building Service Contract 9. Name and TAle of Requester 4. SERVICE REQUIRED. Check appropriate box and provide projec~ information. [] New Schedule of Wages and Supplements. IAPPROXIMATE BID DATE: [] Additional Occupation and/or Redeterrnination IPRC NUMBER ISSUED PREVIOUSLY FOR I THIS PROJECT: OFFICE USE ONLY 6. Location of Project: LocatiQn on Site Route No/Street Address Village or City Town Coun~ 8 OCCUPATION FOR PROJECT: [] Construction [Building, Heavy [] Guards, Watchmen Highway/Sewer/Water) [] Janitors, Porters, Cleaners [] Tunnel [] Mo~ing furniture and [] Residential equipment [] Landscape Maintenance [] Trash and refuse removal [] Elevator maintenance [] Window cteaners [] Exterminators. Fumigaters [] Other (Descdbe) Signature OFFICE USE ONLY Locality Designations: PW-39 (03- 07J SEE PAGE TWO FOR LAWS RELATING TO PUBLIC WORK CONTRACTS NEW YORK STATE DEPARTMENT OF LABOR Bureau of Public Work - Debarment List LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Under Article 8 and Article 9 of the NYS Labor Law, a contractor, sub-contractor and/or its successor shall be debarred and ineligible to submit a bid on or be awarded any public work or public building service contractJsub-contract with the state, any municipal corporation or public body for a period of five (5) years from the date of debarment when: · Two [2) final determinations have been rendered within any consecutive six-year (6) period determining that such contractor, sub-contractor and/or its successor has WILLFULLY failed to pay the prevailing wage and/or supplements · One [1 ] final determination involves falsification of payroll records or the kickback of wages and/or supplements NOTE: The agency issuing the determination and providing the information, is denoted under the heading 'Fiscal Officer'. DOL = NYS Dept. of Labor; NYC = New York City Comptroller's Office; AG = NYS Attorney General's Office; DA = County District Attorney's Office. A list of those barred from bidding, or being awarded, any public work contract or subcontract with the State, under section 141-b of the Workers' Compensation Law, may be obtained at the following link, on the NYS DOL Website: https://dbr.labor.state ny us/EDL stJsearchPa,qe.do PAYROLL CERTIFICATION FORM (Name of Signatory Party) do hereby state: That I pay or supervise the payment of the persons employed by (Title) (Contractor or Sub-Contractor) that during the payroll period commencing on the (Project or Work) on the day of ,20 __, and ending the day of ,20 __, all persons employed on said project have been paid the full weekly wates earned (except as noted Coltunn 10 - Front of Form ), that no rebates have been or will he 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 Pa~ty) no deductions have been made either directly or indirectly from the full wages earned by any person other than permissible deductions as'defined by Regniation issued by the New York State Department 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 contract required to be submitted for the above period are correct and complete; that the wage rates for laborers, mechanic, journeymen, skilled and semi-skilled laborer and apprentices contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set froth 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 abpve 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. (a). WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS OR PROGRAMS In addition to the basic hourly wage rates paid to each laborer, mechanic, journeyman, skilled and simi-skilled laborer and [] apprentice listed in the above referenced payroll, paymen~ of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employee, except as noted in Section ¢ (c} below. (b). WHERE FRINGE BENEFITS ARE PAID IN CASH Each laborer, mechanic, journeyman, skilled and simi-skilled laborer and apprentice listed in the above referenced [~ Payr~il~hasbeenpaid~asindicated~nthepayr~il~anam~untn~t~essthanthesum~ftheapp~icab~ebasich~urfywage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in Section 4 (c) below. (c). EXCEPTIONS REMARKS: SIGNATURE NAME and TITLE ] SIGNATURE The willful falsification of any of the above statements may subject the contractor or sub<ontractor to civil or criminal prosecution. (NOTARY & SEAL) Construction of a New Concrete Foundation & Floor Slab System PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS (for Contractor and Sub-Contractor's use for Weekly and Final Certification) NAME OF ["[ CONTRACTOR, OR [--[ SUB-CONTRACTOI~ ADDRESS OF CONTRACTOR OR SUB-CONTRACtOR: DATE WAGE DUE & PAID: Telephone No. Week Ending or Final Certification: Project Name & Location: Prevailing Wage Serial Number. Agency Project Numbe~. 1. ?~ ~ 3. [~ 4. Day & Date 5. 6. 7. 8. 9. 10~ ~.~o~ ~n S M T W T F S DEDUCTIONS 'NET Name, Address and ~ :~ '~ ~ TOTAL RATE GROSS Social Security Number S ~ ~ Classification ~.' HOURS OF AMOUNT WITH- TOTAL PAID FOR UNPAID of Employee Z ~ '~ O ~OURS WORKED ~ACH DAY PAY EARNED P I C A HOLDINC STATE 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 DEPARTMENr~ OF LABOR PREVAILING WAGE DMSION · COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: 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. 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 by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in 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 facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this 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 a~vard of subcontracts exceeding $ 10,000 which 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): Construction of a New Concrete Foundation & Floor Slab System J-1 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 - which is not exempt from the provisions of the 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 t8 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) (2) (3) (4) (5) (6) '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 not be 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. 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, creed, color, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a 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. 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. 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. 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 Government 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 order of the Secretary of Labor, or as otherwise provided by law. Construction of a New Concrete Foundation & Floor Slab System J-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 or 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 and 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 160 (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 first-tier subcontractor; and (iv) has a contract, sub- contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which 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) (1). (2) Each person required by subparagraph (t) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has 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 orthe 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 Director, 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. Construction of a New Concrete Foundation & Floor Slab System J-3 1-12.805.4 Reports an.d 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 bi.d or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: (2) "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained In section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror or 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 Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. Construction of a New Concrete Foundation & Floor Slab System J-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 for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (t8 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 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 required 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 in excess of the standard work day or work week Is permissible provided that the worker is compensated at a rate of not less than 1- 1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 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, hazardous, or dangerous to his health and safety as determined*under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Construction of a New Concrete Foundation & Floor Slab System J-5 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 provision 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 $ 2,500, 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. All 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 declares that 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-grantees and to assure that suspected o'r reported violations are promptly investigated. Construction of a New Concrete Foundation & Floor Slab System J-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 are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any 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 of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e, which requires provisions by which 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 contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to 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; Construction of a New Concrete Foundation & Floor Slab System J-7 So '8. (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 commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the reqUirements of Section 222 concerning 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; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 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 stipulation 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 customarily 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 or national origin. Construction of a New Concrete Foundation & Floor Slab System J-8 NON-DISCRIMINATION CLAUSE Dudng the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice. to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in wdting, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national odgin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be gwen by the Contractor, and such written agreement shall be made by ,such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall ~)romptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspmuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a."' and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advedisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Construction of a New Concrete Foundation & Floor Slab System K-1 so The Contractor will comply with the provision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sectior~s of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner roprosentatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non- discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with'these non-discrimination clauses and after a vedfied complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly beforo three members on. the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause '~.", in addition to other rights of the Owner provided in this contract upon its broach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material e(~u~pment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in ar~ amount sufficient for this purpose and rocourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such -a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may diroct, including sanctions or remedies for non-compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a rosult of such diroction by the Contraction Agency/ Owner, the Contractor shall promptly so notify the Owner's reprosentatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Construction of a New Concrete Foundation & Floor Slab System K-2 DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: The work in this project includes the excavation of all footings and the bracing and forming of all excavated areas as needed or required to accommodate the new work. The Town of Southold shall be responsible for and shall coordinate the removal of the existing RCA Pad and Filter Cloth prior to beginning the new work. All materials generated by this excavation work will be placed in a designated area of the Town property for re-use by the Contractor where necessary. The work in this project also covers the construction of a new 30' x 42' reinforced concrete foundation and floor slab system, in full accordance with the contract documents. The intent of the Contract Documents is for the work to be completed and finished in 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 execution of the work as called for on the drawings, specified herein or as may be reasonably inferred there from. This contract includes all site work necessary for the completion of work. The Town of Southold will supply all required Building Permits. The contractor shall obtain and pay for all other applicable fees and charges not specifically excluded from this contract. 1.02 WORK BY OTHERS The following will be provided by other: 1. The Owner will provide and pay for the following: A. All related building permits. END OF SECTION Construction of a New Concrete Foundation & Floor Slab System 1010-1 Section 1500 - CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 1.01 UTILITIES TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades during construction and shall pay for all electrical power used. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and ventilation during construction to prevent freezing 'of materials, reasonable comfort for the workmen, and proper conditioning for installing finish materials. TEMPORARY WATER: The Contractor shall provide a temporary potable water supply for all trades 'during the construction period. TEMPORARY SANITARY FACILITIES: The Contractor shall provide and maintain temporary toilets in accordance with local health ordinances. 1~02 BARRIERS Barricades shall be provided around all excavations and other hazardous areas during construction and shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION Construction of a New Concrete Foundation & Floor Slab System 1500-1 Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to all propossd substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: For products specified with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect. For products specified by naming only one product or manufacturer, unless otherwise indicated, the Contractor may Submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the product was used when requested by the Architect. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be corn plete in all respects. 4. He waives all claims for additional costs related to substitution which subsequently becomes apparent. 1.04 APPROVAL OF SUBSTITUTIONS A. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. Construction of a New Concrete Foundation & Floor Slab System 1600-1 The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. Substitutions which require a substantial revision of the Contract Documents will not be considered. 1.05 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed. END OF SECTION Construction of a New Concrete Foundation & Floor Slab System 1600-2 DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions, Supplementary General conditions and the General requirements of these specifications. Section 2100 - SITE PREPARATION Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall include the entire site. B. Related Work SpeCified Elsewhere: 1. Earthwork 2200 Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION: A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 SURVEYING: A. The Town of Southold will provide the Survey work as needed to properlY layout the foundation location and establish grade elevations. 3.03 DISPOSAL: A. All excess material generated from the excavation of the new foundation system shall be stockpiled in an approved location designated by the Town. This material shall be removed by Town Personnel at no cost to the Contractor. B. Burning of material on the site will not be permitted. C. Removal of construction Debris: 1. Material to be removed shall be removed from the site daily as it accumulates. D. Dumping: 1. Construction & Demolition material generated by this project shall be dumped ata designated section of the Southold Town Transfer Station at no cost to the Contractor. END OF SECTION Construction of a New Concrete Foundation & Floor Slab System 2100-1 Section 2200 - EARTHWORK Part 1 GENERAL 1.01 DESCRIPTION: A. Provide earthwork in area inside and outside the building limit to obtain required finish elevations. Earthwork includes, but is not limited to: 1. Excavation of unsuitable material to be replace with controlled fill material. 2. Backfilling of trenches within building lines. Limit of work under this contract shall include the entire site. Related Work Specified Elsewhere: 1. Site Preparation ' - 2100 1.02 QUALITY ASSURANCE: A. Code and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.03 JOB CONDITIONS: A. Protection of Persons and Property: 1. Barricade open excavations occurring as part of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. Part 2 - PRODUCTS 2.01 SOIL MATERIALS: A. Definitions: 1. Satisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes, as GW, GP, GM, SW, SP, SM, & SC with no more than 20 percent by weight finer than No. 200 sieve. Unsatisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposed, as ML, CL, OL, MH, CH, OH, & PT and those soils classified as satisfactory which do not meet the gradation requirements specified above. Construction of a New Concrete Foundation & Floor Slab System 2200-1 Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. Part 3 - EXECUTION 3.01 EXCAVATION: A. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. 'B. Unauthorized excavation consists of removal of materials beyond indicated sub grade elevations or dimensions without specific direction of the Architect. Unauthorized excavation, as well as remedial work directed by the Architect shall be at the Contractor's expense. 3.02 COMPACTION: A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. B. Percentage of Maximum Density Requirements: Corn pact soil to not less than the following percentage of maximum dry density for soils which exhibit a well-defined moisture density relationship determined in accordance with ASTM D 698; and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture density relationship. C. Structures: Compact top 12" of sub grade and each layer of backfill or fill material at 95°/~ maximum dry density. D. Building Slabs and Paved Areas: Compact top 12" of sub grade and each layer of backfill or fill material at 95% maximum dry density. 3.03 BACKFILL AND FILL: A. Place acceptable soil material in layers to required sub grade elevations, for each area classification listed below. 1. Under Building Slabs, use satisfactory borrow material. 3.04 GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. 3.05 DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debris shall be disposed of at the SOuthold Town Transfer Station at no cost to the Contractor. END OF SECTION Construction of a New Concrete Foundation & Floor Slab System 2200-2 DIVISION THREE - CONCRETE All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 3000 - CONCRETE WORK Part I - GENERAL 1.01 DESCRIPTION: A. Provide all concrete work as shown or indicated on the Drawing. 1.02 QUALITY ASSURANCE: A. Codes and Standards: Comply with provisions of the following Codes, Specifications and Standards, except where more stringent requirements are shown or specified: 1. ACI 318 "Building Code Requirements for Reinforced Concrete". SECTION 03100 - CONCRETE FORM WORK SCOPE The work under this heeding shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all concrete form work, including but not limited to the following: Forms and centering. All forms required for the work in this Section. Setting and building of all anchors, inserts, hangers, supports, ties, frames, bolts, sockets, sleeves, lintels, etc., required to be built into concrete work, except where otherwise specified. FORMS~ CENTERING AND FORM WORK AFFECTING WORKMANSHIP Forms shall conform with the lines, dimensions and shapes of concrete indicated on the Drawings, for the members for which they are provided. They shall be tight to prevent any possibility of movement after concrete is poured and shall insure safety to workmen and the public. On concrete exposed to view, metal ties where used shall be detached 1-inch back from surface of exposed side and holes filled with cement mortar and robbed immediately after removal of forms. Construction of a New Concrete Foundation & Floor Slab System 3100-1 Forms for concrete work shall be plywood or composite of smooth line construction, that will produce straight, dense surface free from honeycombs, bulges and depressions. If any material is used to coat formwork to facilitate its removal, this material shall be of such nature as not to stain or injure the concrete or cause injury t6 finish to be applied on exposed surfaces on concrete. Forms shall be thoroughly cleaned before reusing. All wood form work, including that used in void spaces, pockets and other similar places, shall be removed. Forms shall not be disturbed until the concrete has adequately hardened. Care shall be taken to avoid spalling concrete surface. WORK IN CONNECTION WITH OTHER SECTIONS AND/OR CONTRACTS Box out for pipes as directed and fill up to pipe sleeves with concrete after same are in place. Build in anchors, inserts or slots as required for proper anchorage. Set in concrete all sleeves furnished under other sections or contracts, in proper alignment and location. Cooperate with other trades. Build in concrete all forms furnished by other trades and required to be built into concrete. END OF SECTION 03100 - CONCRETE FORM WORK Construction of a New Concrete Foundation & Floor Slab System 3100-2 SECTION 03200 CONCRETE REINFORCEMENT SCOPE The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all concrete reinfoming. SHOP DRAWINGS Ao Complete and accurate shop drawings shall be submitted to the Engineer for review before any work is executed. Drawings shall show framing plans, details, bending diagrams, sizes and spacing of members, relationship to contiguous work, scale elevations of all reinforced concrete walls, and all other pertinent information. Details shall be carded out in accordance with the A.C.I. roles. Contractor shall submit one black and white print and one reproducible with each submission. Cost of all prints required from the reproducible, including prints required by the Engineer, shall be bome by this Contractor. MATERIALS Deformed reinforced steel shall conform with SPECIFICATIONS FOR NEW BILLET-STEEL BARS FOR CONCRETE REINFORCEMENT, ASTM A-615, GRADE 60. Deformations on deformed bars shall conform with SPECIFICATIONS FOR DEFORMATIONS OF DEFORMED STEEL BARS FOR CONCRETE REINFORCEMENT, ASTM A-305. C. Welded wire fabric shall comply with ASTM A-185~ PLACING OF REINFORCEMENT Ao C. D. E. Metal supports, ties and spacers for reinforcement shall be rustproof of proper size, and strength to ensure against displacement during pouring operations. For structural slabs placed on ground, provide legs of slab bolsters and continuous high chairs with continuous plates. All reinforcement shall be bent cold. Minimum radius of bend shall be four diameters for bars 5/8 inch round or less, and six diameters for larger bars. At intefsections, rods shall be securely wired together. Contractor shall exercise extreme care to prevent discoloration of exposed concrete surfaces by reinforcement. All reinforcement shall be inspected in the forms before concreting starts by the Engineer. Contractor shall notify the Engineer at least 24 hours prior to any pour. END OF SECTION 03200 CONCRETE REINFORCEMENT ConstrUction of a New Concrete Foundation & Floor Slab System 3200-1 SECTION 03300 - CAST-IN-PLACE CONCRETE REFERENCES Except as shown or specified otherwise, the Work of this Section shall conform to the requirements of Specifications for Structural Concrete for Buildings ACI 301-89 of the American Concrete Institute. QUALITY ASSURANCE Concrete batching plant shall be currently approved as a concrete supplier by the New York State Department of Transportation. pROpORTIONING (Amendments to ACI 301, Chapter 3): A. Compressive Strength: Minimum 3000 psi, Refer to Drawing S0.1 Concrete Notes. Weight: Normal weight as indicated, Lightweight Concrete (for floor fills): Air-dry unit weight between 95 and 115 lb/cu Durability: 1. Concrete shall be air-entrained. Design air content shall be 6 percent by volume, with an allowable tolerance of plus or minus 1.5 percent for total air content. Entrained air shall be provided by use of an approved air-entraining admixture. Air-entrained cement shall not be used. D. Slump: 3000 psi Normal Weight Concrete: Between 2 inches and 3 inches. Admixtures: Do not use admixtures in concrete unless specified or approved in writing by the Engineer. Selection of Proportions: Concrete proportions shall be established on the basis of previous field experience or laboratory trial batches, unless otherwise approved in writing by the Engineer. Proportion mix with a minimum cement content of 564 pounds per cubic yard for 3000 psi concrete and 611 pounds per cubic yard for 4000 psi concrete. REINFORCEMENT (Amendments to ACI 301, Chapter 5): Bar Reinforcement: ASTM A 615, Grade 60, deformed steel bars. Fabric Reinforcement: ASTM A 185, welded wire fabric, fabricated into flat sheets tmiess otherwise indicated. Bar Supports: Galvanized steel or AISI Type 430 stainless steel, and without plastic tips. Tie Wire: Black annealed wire, 16-1/2 gage or heaVier. Construction of a New Concrete Foundation & Floor Slab System 3300-1 PRODUCTION (Amendments to ACI 301, Chapter 7} A~ Provide ready-mixed concrete, either central-mixed or truck-mixed. EXAMINATION AND PREPARATION A. Do not use items of aluminum for mixing, chuting, conveying, forming or finishing concrete, except magnesium alloy tools may be used for ~ishing. B. Keep excavations free of water. Do not deposit concrete in water~ C. Hardened concrete, reinforcement, forms, and earth which will be in contact with fresh concrete shall be free from fros~ at the time of concrete placement. D. Prior to placement of concrete, remove all hardened concrete spillage and foreign materials from the space to be occupied by the concrete. FORMWORK {Amendments to ACI 301~ Chapter 4} A. Chamfer all exposed external corners of concrete. PLACING REINFORCEMENT (Amendments to ACI 301~ Chapter 5} A. At the time concrete is placed, reinforcement shall be free of mud, oil, loose rust, loose mill scale, and other materials or coatings that may adversely affect or reduce the bond. PLACING CONCRETE (Amendments to ACI 301~ Chapter 8} A. Operation of truck mixers and agitators and discharge limitations shall conform to the requirements of ASTM C 94. B. Do not allow concrete to free' fall more than 4 feet. FINISHING FORMED SURFACES (Am6ndments to ACI 301~ Chapter 10) A. Finish Schedule: Except where indicated otherwise'on the Drawings, provide the finishes below: 1. 'Rough Form Finish for concrete surfaces not exposed to view. 2. Smooth Form Finish for concrete surfaces exposed to view. 3. Smooth Rubbed Finish for exterior concrete surfaces exposed to view. 4. Grout Cleaned Finish for interior concrete surfaces exposed to view. Construction of a New Concrete Foundation & Floor Slab System 3300-2 FINISHING SLABS (Amendments to ACI 301~ Chapter 11) A. Slabs On Grade: Provide key type joints unless otherwise shown. Tool exposed joints. Finish Schedule: Except where indicated otherwise on the Drawings, provide the finishes below: 1. Broom Firiish for exterior slabs. Texture as approved by the Engineer. Finishing, General: Provide monolithic f'mishes on concrete floors and slabs without the addition of mortar or other filler material. Finish surfaces in tree planes, true to line, with particular care taken during screeding to maintain an excess of concrete in fi'ont of the screed so as to prevent low spots. Screed and darby concrete to tree planes while plastic and before free water rises to the surface. Do not perform finishing operations during the time free water (bleeding) is on the surface. CURING AND PROTECTION (Amendments to ACI 301, Chapter 12) Maintain concrete surfaces in a moist condition for at least 7 days after placing, except where otherwise indicated. For surfaces of exterior slabs (on grade), apply chemical curing and anti-spalling compound in accordance with the recommendations of the manufacturer. FIELD QUALITY CONTROL (Amendments to ACI 301~ Chapter 16) The Contractor shall make (2) two test cylinders per truck load of concrete'delivered to the site for testing by a testing lab. One sample shall be taken at the start of the pour and the second at the end of the pour. The Contractor shall be responsible for fumishing the Engineer with the test resuhs of each concrete test cylinder tested at 7 and 14 days for each truck load. LABORATORY TESTS The Contractor shall be responsible for arranging and coordinating of all testing. All laboratory costs in establishing the design_ mix and testing of cylinders shall be borne by the Contractor. END OF SECTION 03300 - CAST-IN-PLACE CONCRETE Construction of a New Concrete Foundation & Floor Slab System 33000-3 #9306 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 21st dayof May1 2009. //~'/~L .~1 Clerk Sworn to before me this ~ dayof ~~ 2009. accordance with the ~ of Sec- tion 103 of the General Municipal Law, that se~l~l bl~ m~ ~ght m~l request- Town Compost F~-'ility. Sped~cat~m 53~$'$ Main Road, Soathoki, New Ym-k :~-l~e~, sonth~l, ~w ¥o~, un~i~ r~ ahy aud all bids and waive any a~l cnv¢lol~¢s plainly ma~ked ~BId om Re~m- fo~-'~ Concr~e I~o~lsge~" auct sub- ~'"-~' ' A VOLINSKI CHRiS'TiN NOTARY pUBLiC-STATE OF NEW YoRK NO, 01.¥06105050 Qualified in Sut~o~k Gount¥ LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for a reinforced concrete foundation and floor slab for a clear-span metal building to be erected at the Southold Town Compost Facility. Specifications and bid proposal form may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, PO Box 1179, 53095 Main Road, Southold, New York 11971. The sealed bid, together with a Non-collusive Bid Certificate and bank draft or certified check in the amount of $100.00, will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, June 4, 2009 at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Reinforced Concrete Foundation", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: May 19, 2009 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON May 21~ 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 Suftblk Times Town Board Members Town Attomey Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board Solid Waste Coordinator Bunchuck RESOLUTION 2009-385 ADOPTED DOC ID: 5002 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-385 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 19, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the construction of the cement foundation for the new comoost ba~,~,in~ building, for the Solid Waste Management District, in accordance with specifications provided by the Town Engineer. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Thomas H. Wickham