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HomeMy WebLinkAboutBasketball Court at Cochran ParkELIZABETH 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 August 30, 2010 P J Corazzini Paul Corazzini Jr & Sons 3120 Albertson Lane Greenport, NY 11944 Dear Mr Corazzini: Congratulations. At the regular Town Board meeting held on July 13, 2010, the Town Board accepted the bid of Paul Corazzini Jr & Sons for the Basketball Court at, Jean Cochran Park. A certified copy of the resolution is enclosed. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk EBS. 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 sout holdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 30, 2010 Perry DeLalio, Jr DeLalio - South Fork Asphalt, Inc 224A North Main Street Southampton, NY 11968 Dear Mr. DeLalio, Jr: At the regular Town Board meeting held on July 13, 2010, the Town Board accepted the bid of Paul Corazzini, Jr. & Sons for Basketball Court at Jean Cochran Park. 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 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 August 30, 2010 Richard Corazzini, Jr Corazzini Asphalt, Inc PO Box 1281 Cutchogue, NY 11935 Dear Mr. Corazzini, Jr: At the regular Town Board meeting held on July 13, 2010, the Town Board accepted the bid of Paul Corazzini, Jr. & Sons for Basketball Court at Jean Cochran Park. A certified copy of the resolution is enclosed. Thank you for your bid. Ens. Very truly yours, Lynda M Rudder Deputy Town Clerk 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 August 30, 2010 Steve D'Augstino Fasco Asphalt Paving lnc 133 Old Northport Road Kings Park, NY 11759 Dear Mr. D'Augstino: At the regular Town Board meeting held on July 13, 2010, the Town Board accepted the bid of Paul Corazzini, Jr. & Sons for Basketball Court at Jean Cochran Park. A certified copy of the resolution is enclosed. Thank you for your bid. Ens. Very truly yours, Lynda M Rudder Deputy Town Clerk 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 August 30, 2010 Patricia Panchak KJB Industries 14 Center Drive Riverhead, NY 11901 Dear Ms. Panchak: At the regular Town Board meeting held on July 13, 2010, the Town Board accepted the bid of Paul Corazzini, Jr. & Sons for Basketball Court at Jean Cochran Park. A certified copy of the resolution is enclosed. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. Southold Town Board - Letter Board Meeting of July 13, 2010 RESOLUTION 2010-510 ADOPTED Item # 5.13 DOC ID: 5914 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-510 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 13, 2010: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Paul Corazzini Jr. & Sons in connection with the construction of a basketball court at Cochran Park, in the amount of $23,100, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 1] I~IOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Evans, Russell NAYS:Albert Krupski Jr. Generated August 17, 2010 Page 18 Southold Town Board - Letter Board Meeting of July 13, 2010 RESOLUTION 2010-509 ADOPTED Item # 5.12 DOC ID: 5913 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-509 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 13, 2010: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Paul Corazzini Jr. & Sons to construct a basketball court at Coehran Parlq in the amount of $23,100, all in accordance with the plans and specifications prepared by James Richter, RA, Office of the Town Engineer. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 1] HOVER: Christopher Talbot, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Evans, Russell NAYS:Albert Krupski .Ir. Generated August 17, 2010 Page 17 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 2010 Jean Cochran Park Basketball Court Bid Opening 5/6/10 10:00 A.M. DeLalio - South Fork Asphalt, Inc 224A North Main Street Southampton, NY 11968 Perry DeLalio, Jr 283-0037 Corazzini Asphalt, Inc PO Box 1281 Cutchogue, NY 11935 Richard Corazzini, Jr 734-5600 Fasco Asphalt Paving Inc 133 Old Northport Road Kings Park, NY 11759 Steve D'Augstino 544-4066 Paul Corazzini Jr & Sons 3120 Albertson Lane Greenport, NY 11944 P J Corazzini 765-2012 KJB Industries 14 Center Drive Riverhead, NY 11901 Patricia Panchak 727-5600 35,976.00 31,750.00 33,000.00 23,100.00 46,464.00 RECEIVED PROPOSAL FORM Southold Town Clerk BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: March 26, 2010, including bidding requirements, contract, general & 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: JEAN W. COCHRAN PARK, PECONIC, New York 11958 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: Basketball Court Project: D-1 THI~3..~. ~'I;.I~S,~T~I~I~.L INCLUDE THE EXCAVATION & REMOVAL OF THE EXISTING TOPSOIL AND ALL RELATED DEBRIS GENERATED BY CONSTRUCTION ACTIVITY. THE CONTRACTOR SHALL INSTALL NEW BASKETBALL COURT AS INDICATED BY THE PLANS AND SPECIFICATIONS AND SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO TWO BASKETBALL POLES WITH HOOPS AND BACKBOARD ASSEMBLIES INCLUDING ALL EXCAVATION AND GRADING TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE S,~U LATED "L U M/~ UM" OF:,~ (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 within the ten (10) days after notice of the acceptance of said proposal, that he shall be considered to have abandoned the contract. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period, The undersigned hereby acknowledges receipt of the following addenda: / Addendum Number: ~//'~ Dated: (If Any) Signature of Bidder: Telephone Number: Basketball Court Project: D-2 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: 1. 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: ;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 prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Represemadve of Bidder) Basketball Court Project: E-1 NON-DISCRIMINATION CLAUSE During 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 writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be 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 advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Basketball Court Project: F-1 E. The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and. Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. F. 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 OwnedContracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. G. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. H. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, 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 result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Basketball Court Project: F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore 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 prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ~i~r'~I~/t~'~C~t~. ofthe /~'~/~ ~Z~*M/'') ~.~']C (Name of signatory) (Name of Corporation) Authorized to sign and submit the bid or proposal of this corporation for the following Project: NEW BASKETBALL COURT CONSTRUCTION Peconic lane, Peconic, New York 11958 be and to include in such bid or proposal the certificate as to non-collusion requ!red 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 Co[poration at a meeting of the Board of Directors, held on the day of (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & Effective on September t, 1965. Signature Basketball Court Project: G-1 PROPOSALFORM MAY -6 2010 :: Southold Town Clerk Date: /'//~¢J///) 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 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: March 26, 2010, including bidding requirements, contract, general & 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: JEAN W. COCHRAN PARK, PECONIC, New York11958 and ail other work in conr~ection 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: Basketball Court Project: D-1 THIS ~OI~rRA(~T' sHALu INCLUDE THE EXCAVATION & REMOVAL OF THE EXISTING TOPSOIL AND ALL RELATED DEBRIS GENERATED BY CONSTRUCTION ACTIVITY. THE CONTRACTOR SHALL INSTALL NEW BASKETBALL COURT AS INDICATED BY THE PLANS AND SPECIFICATIONS AND SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT-LIMITED TO TWO BASKETBALL POLES WITH HOOPS AND BACKBOARD ASSEMBLIES INCLUDING ALL EXCAVATION AND GRADING TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF- And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail er neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town within the ten (10) days after notice of the acceptance of said proposal, that he shall be considered to have abandoned the contract. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: (If Any) Signature of Bidder: Telephone Number: Bidders Address: Date: Basketball Court Project: D-2 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 ~, ~' 'Z' ~ (Bidder) Certifies that: 1. 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: ; 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 prior to the award of any subcontractor under this contract the subcontractor ce~Bid Conditions. (Signature CAuth~)rized Representative of Bidder) Basketball Court Project: E-1 NON-DISCRIMINATION CLAUSE During 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 writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be 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 advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Basketball Court Project: F-1 E. The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. F. 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 OwnedContracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. G. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. H. The Contractor will include the provisions of clauses "a?, through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as OwnedContracting Agency may direct, 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 result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Basketball Court Project: F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fora 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 prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the pemon 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 (Name of signator,J) (Name of Corporation) Authorized to sign and submit the bid or proposal of this corporation for the following Project: NEW BASKETBALL COURT CONSTRUCTION Peconic lane, Peconic, New York 11958 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 inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by Corporation at a meeting of the Board of Directors, held on the day of /~j~ ,20 ! O. (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 75'1, Sec. 103-d, as amended & Effective on September 1, 1965. Basketball Court Project: G-1 PROPOSAL FORM RECEIVED Date: /¥J~.~ ~,~Oj3K~ (.J NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or freud, 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 contrect documents dated: March 26, 2010, including bidding requirements, contract, general & 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: JEAN W. COCHRAN PARK, PECONIC, New York11958 and all other work in connection therewith, in accordance with the contrect 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: Basketball Court Project: D-1 THIS GI~NTRACT SHA~_I' INCLUDE THE EXCAVATION & REMOVAL OF THE EXISTING TOPSOIL AND ALL RELATED DEBRIS GENERATED BY CONSTRUCTION ACTIVITY. THE CONTRACTOR SHALL INSTALL NEW BASKETBALL COURT AS INDICATED BY THE PLANS AND SPECIFICATIONS AND SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO TWO BASKETBALL POLES WITH HOOPS AND BACKBOARD ASSEMBLIES INCLUDING ALL EXCAVATION AND GRADING TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: ninwords) ~ ~ ~ # 5 99G- (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 within the ten (10) days after notice of the acceptance of said proposal, that he shall be considered to have abandoned the contract. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: (If Any) Signature of Bidder: Telephone Number: Bidders Address: ~,~,~ .~. k)O~'['~ ~m,O .~ Date: Basketball Court Project: D-2 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 :and, 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: L~.~oCz~ ~; 0o¢.~,'~,,---, ¢-~¢~.~.~u~ ~ C.~,~¢ ; 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 prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. ~' - (Signatur~/6f Authorized Representative of Bidder) Basketball Court Project: E-1 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national 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 ~abor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. C. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. D. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Basketball Court Project: F-1 E. The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these nomdiscrimination 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 verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. G. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. H. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, 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 result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Basketball Court Project: F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof 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 prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that d'~'t.~4 ~5,,'"'~"~J~.~'~a- of the ~"~)e.[~,.L.~o '~ .,~o~,~-~ ~roc,,f~ .J~'¢~- be (Na~le of signatory) (Name of Corporation) Authorized to sign and submit the bid or proposal of this corporation for the following Project: NEW BASKETBALL COURT CONSTRUCTION Peconic lane, Peconic, New York 11958 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 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 Co~poration at a meeting of the Board of Directors, held on the day of ¢[,~/~7 ,20 /O . (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 75t, Sec. 103-d, as amended & Effective on September 1, 1965. w / - ' Signature Basketball Court Project: G-1 RECEIVED MAY - 6 2010 PROPOSAL FORM 5outhold Town Clerk 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: March 26, 2010, including bidding requirements, contract, general & 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: JEAN W. COCHRAN PARK, PECONIC, New York11958 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: Basketball Court Project: D-1 THIS CONTRACT SHALL INCLUDE THE EXCAVATION & REMOVAL OF THE EXISTING TOPSOIL AND ALL RELATED DEBRIS GENERATED BY CONSTRUCTION ACTIVITY. THE CONTRACTOR SHALL INSTALL NEW BASKETBALL COURT AS INDICATED BY THE PLANS AND SPECIFICATIONS AND SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO TWO BASKETBALL POLES WITH HOOPS AND BACKBOARD ASSEMBLIES INCLUDING ALL EXCAVATION AND GRADING TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (Wr ~en in words) (~tten 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 within the ten (10) days after notice of the acceptance of said proposal, that he shall be considered to have abandoned the contract. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: (if Any) Signature of Bidder: Telephone Number: Date: Bidders Address: Basketball Court Project: D-2 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 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/~L'I'~ '~' ~"("'f'~'~ ;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 )rior to the award of any subcontractor under this contract the subcontractor ce, fication required by these Bid Conditions. (Signat 'e~f A~!o'~rized Representative of Bidder) Basketball Court Project: E-1 NON-DISCRIMINATION CLAUSE During 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 writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be 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 advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Basketball Court Project: F-1 E. The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. F. 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 verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. G. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. H. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as OwnedContracting Agency may direct, 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 result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Basketball Court Project: F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public depadment, 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 prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION .eso,vedthat o.he ' be /" ~(Name of signatory) (Name of C~rporafion) Authorized to sign and submit the bid or proposal of this corporation for the following Project: NEW BASKETBALL COURT CONSTRUCTION Peconic lane, Peconic, New York 11958 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 inaccuracies or miss-statements in such cedificate 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, t965 Ch. 75'1, Sec. 103-d, as amended & Effective on September 1, 1965. day of Basketball Court Project: G-1 RECd, cD PROPOSAL FORM Southold Town Clerk NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: March 26, 2010, including bidding requirements, contract, general & special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to fumish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: JEAN W. COCHRAN PARK, PECONIC, NewYork 11958 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: Basketball Court Project: D-1 THIS C(JNTRACT SHALL INCLUDE THE EXCAVATION & REMOVAL OF THE EXISTING TOPSOIL AND ALL RELATED DEBRIS GENERATED BY CONSTRUCTION ACTIVITY. THE CONTRACTOR SHALL INSTALL NEW BASKETBALL COURT AS INDICATED BY THE PLANS AND SPECIFICATIONS AND SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO TWO BASKETBALL POLES WITH HOOPS AND BACKBOARD ASSEMBLIES INCLUDING ALL EXCAVATION AND GRADING TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF' (Written'in words) (~t\OJ(%o~l~O~,~.$ (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 within the ten (10) days after notice of the acceptance of said proposal, that he shall be considered to have abandoned the contract. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty~five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: ~1~O ~ Dated: (If Any) Signature of Bidder: Telephone Number: Bidders Address: PO ~-~.~! I'~/ I,,1'?/ Date: Lo %0\0 I Basketball Court Project: D-2 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 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: ~ ~J/-O-~¢') ~O'r~l'~5 ; 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: 0 ~;2--¢~;¢~0 ~"-,/ bO~O 0 ~'-¢~r~' ;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 cedification required by these Bid Conditions. (S~re o~uf~d Representative of Bidder) / Basketball Coud Project: E-1 NON-DISCRIMINATION CLAUSE During 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 writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be 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 advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Basketball Court Project: F-1 E. The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. F. 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 verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. G. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. H. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as OwnedContracting Agency may direct, 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 result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Basketball Court Project: F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore 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 prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolvedthatl~.~_~,.-~Z¢C~.~'oJL'~-~.T~- ofthe COv"~.'~_iv~,, ~',~d)._~ [',',~.. be (Name of signatory) (Name of Corporation) Authorized to sign and submit the bid or proposal of this corporation for the following Project: NEW BASKETBALL COURT CONSTRUCTION Peconic lane, Peconic, New York 11958 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 inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by Corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, t965 Ch. 761, Sec. 103-<f, as amended & Effective on September 1, 1965. day of J/Y~ ~ ,20. 16. / '"'~Ji~'hat'~ Basketball Court Project: G-1 LEGAL NOTICE NOTICE TO BIDDERS PROJECT: New Basketball Court Jean W. Cochran PARK Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the construction of the Basketball Court Project in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, P O Box 1179, Southold, New York 11971, until 10:00 AM, 6 th , May 20 1..~0 Day Month Year A fee of ten dollars ($ 10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents/Specifications available at the Southold Town Clerk's Office There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informality, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Please advise if you intend to bid or not. Dated: April 6, 2010 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON April 22, 2010, 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 Dodge Reports Town Clerk's Bulletin Bd Construction Data News Town Board Members Brown's Letters Jim McMahon Town Attorney Burrelle's Info. Services James Richter INVITATION TO BID PROJECT: New Basketball Court Jean W. Cochran PARK Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southold will receive bids for fumishing all of the labor, materials and equipment as specified in the bid documents for the construction of the Basketball Court Project in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. 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, 6 th May 20 1_.~0 Day Month Year All specifications are provided herein: drawings to be attached. A fee of ten dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informality, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Please advise if you intend to bid or not. Dated: April 6, 2010 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Basketball Court Project: A-1 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 22nd day of April, 2010, Principal Clerk Sworn to before me this 2010. LEGAL NOTICE NOTICE TO BIDDERS PROJECT:. New Basketball Court Jean W. Cocbran PARK New York 11958 l~ae Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the construction of the Basketball Court Project in accordance with the Drawin~gs & Spe. cificatiom prepared by James A. Rinhtar, R.A., Southold Town Engineer- lng Department, Town Hall, 53095 Main Road, Southold' New York Bids will be received at the of the Southold Town Clerk, Southold Town Hall, 53095 Mai~ Road, P O Box 1179, Southold, New York 11971, until Day Month Year or check, made payable to the Town Southold will be required for one (1) copy of the Contract Documen~Speci- fications available at the Southold Town Clerk's Office There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for perfor- mance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest respon- sible bidder. The Town of Southold reserves the right to waive any informality, and to reject a~y or all bids, and to retain bids for 45 day~ from the date of receipt. The CONTRACTOR SHALL NOT with- draw his bid during this period. Please advise i~ you intend to bid or not. Dated: April 6, 2010 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk NOTARY PUBLIC-STATE OF NEW YORK No. 01-VO6105050 Quatified in Suffolk County My Commission Expires ~ebruaty 28, 2012 Invitation to Bid NEW BASKETBALL COURT CONSTRUCTION FOR Jean W. Cochran PABK PECONIC LANE PECONIC, NEW YORK 11958 Date: March 26, 2010 INVITATION TO BID PROJECT: New Basketball Court Jean W. Cochran PARK Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the construction of the Basketball Court Project in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. 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, 6 th , May 20 1_0_0 Day Month Year All specifications are provided herein: drawings to be attached. A fee of ten dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the ContraCt Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informality, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Please advise if you intend to bid or not. Dated: April 6, 2010 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Basketball Court Project: A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. 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 iri or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. C. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. D. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract will consist of the Towns Standard Contract Agreement Form. 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. E. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. Basketball Court Project: B-1 F. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular cedified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. G. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. H. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void. I. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set fodh by him in his Proposal, but not more than sixty (60) working days. END OF SECTION Basketball Cour[ Project: B-2 INDEX TO SPECIFICATIONS COVER SHEET BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form N.Y.S. Affirmative Action Certification Non-Discrimination Clause Statement of Non-Collusion GENERAL CONDITIONS A-lthrough A-1 B-lthrough B-2 C-lthrough C-1 D-lthrough D-2 E-lthrough E-1 F-lthrough F-2 G-lthrough G-1 AIA General Conditions Supplementary General Conditions Payroll Certification forms Prevailing Wage Rates Compliance with the Labor Law & Other Dept. of Labor Regulations CONSTRUCTION SPECIFICATIONS AIA Document # A201 H - I through H - 2 ! - 1 through I - 2 Section J M - 1 through M -8 Summary of Work Construction Facilities & Temporary Controls Site Preparation Earthwork Cast-in-Place Concrete (Limited Application) Hot-Mix Asphalt Paving Materials Textured Acrylic Color Surfacing for Play Areas CONSTRUCTION DRAWINGS Section 01010 Section 01500 Section 02100 Section 02200 Section 03000 Section 03200 Section 09600 SP-1 A-1 A-1 A-3 SITE PLAN BASKETBALL COURT LAYOUT PLAN BASKETBALL COURT LINE STRIPPING PLAN BACKBOARD INSTALLATION DETAILS & SPECIFICATIONS Basketball Courf Project: 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 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: March 26, 2010, including bidding requirements, contract, general & 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: JEAN W. COCHRAN PARK, PECONIC, New York11958 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: Basketball Court Project: D-1 THIS CONTRACT SHALL INCLUDE THE EXCAVATION & REMOVAL OF THE EXISTING TOPSOIL AND ALL RELATED DEBRIS GENERATED BY CONSTRUCTION ACTIVITY. THE CONTRACTOR SHALL INSTALL NEW BASKETBALL COURT AS INDICATED BY THE PLANS AND SPECIFICATIONS AND SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO TWO BASKETBALL POLES WITH HOOPS AND BACKBOARD ASSEMBLIES INCLUDING ALL EXCAVATION AND GRADING TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (Written in words) (Written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town within the ten (10) days after notice of the acceptance of said proposal, that he shall be considered to have abandoned the contract. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: (If Any) Signature of Bidder: Bidders Address: Telephone Number: Date: Basketball Court Project: D-2 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: 1. It intends to use the following listed construction trades in the work under the contract ; and, A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) Basketball Court Project: E-1 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national 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 writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate .against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. C. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. D. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Basketball Court Project: F-1 E. The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. F. 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 OwnedContracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. G. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. H. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, 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 result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Basketball Court Project: F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sotd 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 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 cedification, 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 be (Name of signatory) (Name of Corporation) Authorized to sign and submit the bid or proposal of this corporation for the following Project: NEW BASKETBALL COURT CONSTRUCTION Peconic lane, Peconic, New York 11958 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 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 Co~ooration at a meeting of the Board of Directors, held on the day of ,20 (SEAL OF THE CORPORATION) Laws of New York, t965 Ch. 75'1, Sec. 103-d, as amended & Effective on September 1, 1965. Signature Basketball Court Project: G-1 T H E A M E H I T E C T S R I C A N I N S T I T U T E 0 F A R C AIA Document A201 General Conditions of the Contract .for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS ~[ODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT Thi$ document has been app ovoa and e~dorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, © 1987 by The Amedcan Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. 1CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subje~ to legal prosecatioe. A201-1987 I INDEX Acc~o~nce of Nonconforming Wo~lc ......... 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 Acce$8 fo WoI~ ........................... 8.19,6.2.1, 12.1 Accident Prevention ..............................4.2.3, 10 AOsandOmissions ... 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, 4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Addenda ..................................... 1.1.1,3.11 Additional Cost, Claims for ......... 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Additional Inspections and Testing ....... 4.2.6,9.8.2, 12.2.1, 13.5 Additional Time, Claims for...: ......... 4.3.6, 4.3.8, 4.3.9, 8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3,4,9.4,9.5 Advertisement or Invitation to Bid ............. : ........ 1.1.1 Aesthetic Effect ............................... 4.2.13, 4.5.1 Allowances ........................................ 3.8 AU-risk Insurance ................................. 11.3.1.1 Appticatlons for Payment .. 4.2.5,7.3.7,9.2,9.$,9.4,9.5.1,9.6.3, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 11.1.3, 14.2.4 Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, 4.2.7, 9.3.2, 11.3.1.4, 13.4.2, 13.5 Arbitration ..................... 4.1.4,4.3.2,4.3.4,4.4.4,4.6, 8.3.1, 10.1.2, 11.3.9, 11.3.10 Architect .......................................... 4,1 Architect, Definition o f ............................... 4.1.1 Architect, Extent o f Authority ........ 2.4, 3.12.6, 4.2~ 4.3.2, 4.3.6, 4.4, 5.2, 6.3, 7.1.2, 7.2.1, 7.3.6, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8.2, 9.8.3, 9.10.1,9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 Architect, Limitations of Authority and Responsibility. 3.3.3,3.12.8, 3.12.11, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 4.3.2, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 Architect's Additional Services and Expenses .......... 2.4,9.8.2, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4' Archltecr 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 Work .... 3.5.1,4.2.6, 12.1.2, 12.2.1 Architect's Copyright ............. · ............... 1.3 Architect's Derisions .......... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 A rchit ect's Inspections ........... 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, 9.9.2, 9.10.1, 13.5 Architect's lnstnJctions.. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1,12.1,13.5.2 Architect's Interpretations ................. 4.2.11,4.2.12,4.3.7 Architect's On-Site Observations ........ 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Architect's Project Representative ..................... 4.2.10 Architect's Relationship with Contractor ....... 1.1.2,3.2.1,3.2.2, 3.3.3, 3.5.1, 3.7.3, 3.11, 3.12.8, 3.12.11, 3.16, 3.18, 4.2.3, 4.2.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Architect's Relationship with Subcontractors .... 1.1.2,4.2.3,4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect's Representations .................9.4.2,9.5.1,9.10.1 Architect's Site Vialts ........ 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.5 Asbestos .......................................... 10.1 Attorneys'Fees ........................ }.IB.I, 9.10.2, 10.1.4 Award o f Separate Cont facts ........................... 6.1.1 Award of 8ubcontmc-~ and Other Contracts for Pmtlon$ of the Work .............................. 5.2 Be$1c Deflnltlorm .................................... 1.1 Bidding Requirements ................ 1.1.1, 1.1~7, 5.2.1, 11.4.1 Boiler and Machinery Insurance ..................... 11.3.2 Bonds, Lien ...................................... 9.10.2 Bonds, Performance and Payment ..... 7.3.6.4, 9.10.3, 11.3.9, 11.4 Capltailzatlon ....................................... 1.4 Certificate o f Substantial Completion .................... 9.8.2 Certlflcate~ for Payment ....... 4.2.5, 4.2.9, 9.3.3, 9,4, 9.5, 9.6.1, Cert ~cate$ of Inspec0on, Testing or Approval ..... 3.12.11, 13.5.4 Cer0ficate~ of Insurance .................. 9.3.2,9.10.2, 11.1.3 Change Orders, De£mition of .......................... 7.2.1 Change~ ............................................ 7.1 CHANGES IN THE WORK .... 3.11,4.2.8,7,8.3.1,9.3.1.t,10.1.3 Claim, Dofinltlon of ................................. 4.3.1 Claims and Disputes ................ 4.$,4.4,4.5,6.2.5,8.3.2, Claims and Tlmaiy Assortlon of Claims ................ 4.5.6 Claims for Additlonai Cost ........ 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 Claims Subject to Athitration ................. 4.3.2,4.4.4,4.5.1 Clealltilg Up ................................... 3.16,6.3 Commencemsnt of Statutory Umlta~an peHnd .......... 15,7 Commencement of the Work, Conditions Relating to ....... 2.1.2, Commencement of the Work, Definition o f ............... 8.1.2 Communications Facilitating Contract Administration ........................ 3.9.1,4.2.4,5.2.1 Completion, Conditions Relating to ....... 3.11,3.15,4.2.2,4.2.9, COMPLETION, PAYMENTS AND .........................9 Completion, ~ubstarltial ......... 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, Concealed or Unknown Conditions ..................... 4.3.6 CondRions of the Contract .................. 1.1A, 1.1.7,6.1.1 Consent, Written .................. 1.3.1,3.12.8,3.14.2,4.1.2, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4,6 Construction Change Directive, Definition of .............. 7.3,1 Constmc~on Change Directives .... 1.1.1,4.2.8, 7.1, 7.3, 9.3.1.1 ConstrucOon Schedule~, Contractor's ............... 3.10,6.1.3 Contingent A~slgnment of Subcontracts ................ 5.4 Continuing Contract Perio~'~ance .................... 4.3.4 Contract, Definition of ............................... 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.7,5.4.1.1,14 Contract Administ ration ..................... 3.3.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to ...... 3.7.1, 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 Arbitration ............ 4.3.4,4.5.3 Contract Sum ................... 3.8,4.3.6,4.3.7,4.4.4,5.2.3, Conlract Sum, Definition of ............................ 9.1 Contract Time ................. 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3, Contract Time, Deflnltfon of_ .......................... 9,1,1 AIA DOCUMENT A201 · GENERAL CONDmONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION 2 A201-1987 ^~. * ©I987THEAMERICANINSTITUTEOFARCHITECTS, i735NEWYORKAVENUE, N.W.,WASHlNGTON, D.C. 20006 WARNING: Unlicensed photocopying v~istes U.S. copyright isws and is subject to legal prrmec~tlon. CONTRACTOR ....................................... 3 Contractor, Definition o f ........... ~ .............. 3.1,6,1.2 Contractor's Bid .................................... 1A.1 Contractor'. Constmctten Sclledula~ ............. 3.10, 6.1.3 Contractor's Employees ....... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2:1.1 Contractor's L.lab#lty Insu range ....................... 11.1 Contractor's Relationship with Separate Contractors and Owner's Force~ ...... 2.2.6, 3.12.5, 3.14.2, 4.2~4, 6, 12.2.5 Contractor's Relationship with Subcontractors ....... 1.2.4, 3.3.2, 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relationship with the Architect .... 1.1.2, 3.2.1,3.2.2, 3.3.3, 3.5.1, 3.7.3, 3.11, 3.12.8 3.16, 3.18, 4.2.3, 4.2.4, 4.2.6, 4.2.12, 3.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 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 of Contract Documents ...... 1.2.2,3.2,3.7.3 Contractor's Pdght to Stop the Work ..................... 9.7 Contractor's Right to Terminate the Contract .............. 14.1 Contractor's Submittals ....... 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.4.2, 11:4.3 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 ................. 1 I. 1.1.7, 11.2.1 Coordination anci Co r relation ............... 1.2.2, t.2.4, 3.3.1, 3.10, 3.12.7, 6.1.3, 6.2.1 Copie. s Furnished of Drawings and Specifications . .. 1.3,2.2.5,3.11 Correction of Work ..................... 2.3, 2.4, 4.2.1, 9~8.2, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Cost, Definition o f ............................ 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, 6.1.1, 6.2.3, 6.3, 7.3.3.3, 7.3.6, 7.3.7, 9.7, 9.8.2, 9. IO.2, 11.3.1.2, 11.3.1.3, 11.3.4, 11.3.9, 12.1, 12.2.1, 12.2.4, 12.2.5, 13.5, 14 Culling mhd Patching ........................... a.14, 6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Damage to theWork ..... 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 Damages for Delay .................... 6.1.1,8.3.3,9.5.1.6,9.7 Dat~ of Commencement of the Work, Definition of ......... 8.1.2 Date o f Substantial Completion, Delemition o f .............. 8.1.3 Day, DefilMtion of ................................... 8.1.4 Decisions of the Architect ...... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.15, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10. l.2, 13.5.2, 14.2.2, 14.2.4 D~N~ste~t~ to Withhold Csrsi;~stiOR .......... 9.5,9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of ............ 2.3,2.4,3.3.1,4.2.1, 4.2.6, 4.3.5, 9.5.2, 9.8.2, 9.9.1, 10.2.5, 12, 13.7.1.3 Defective Work, Definition of ......................... 3.5.1 Definitions ...... 1.1, 2.1.1,3.1, 3.5.1, 3.12.1,3.12.2, 3.12.3, 4.1.1, 4.3.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 7.3.6, 8.1, 9.1, 9.8.1 [}~y~ ired ~x't~lsIo{l$ of ~#11~ .......... 4.3.1,4.3.8.1,4.3.8.2, 6.1.1, 6.2.3, 7.2.1, 7.3.1, 7.3.4, 7.3.5, 7.3.8, 7.3.9, 8.1.1, 8,8, 10.3.1, 14.1.1.4 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, Definition of .............................. 1.1.5 Drawing~ and Specifications, U~e and Ownership,of ..... 1.1.1,.1.3, 2:2.5, 3.11, 5.3 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 Employees, 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 snd Intent of thc Contract Documents .......................... 1.2,3.7.1 Extensions of Time ............. 4.3.1, 4.3.8, 7.2.1.3, 8.3, 10.3.1 Failure o f Payment by Contractor .............. 9.5.1.3, 14.2.1.2 Failure o f Payment by Owner ................ 4.3.7, 9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Complallon Ired Flrml Pllyment ........ 4.2.1,4.2.9,4.3.2, Financial Arrangements, Owner's ....................... 2.2.1 Fire and Extended Coverage Insurance ................... 11.3 GENERAL PROVISIONS ................................ 1 Governing Law .................................... 13.1 Guarantees (~ee Warranty and Warranties) Hazardous Materials ............ ~ ............... 10.1,10.2.4 Identification of Contract Documents ................... 1.2.1 Identification o f Subcontractors and Suppliers ............. 5.2.1 Information and Sewices Required of the Owner ..... 2.1.2,2.2, In~/or Dam~e to Per. on o~ Pro~rt~ ................ 4.$.9 Inspections ......................... 3.3.3,3.3.4,3.7.1,4.2.2, Instructions to the Contractor .... 3.8.1,4.2.8, 5.2.1,7, 12.1; 13.5~2 Incurance. Bollar ~nd Machinery .................... 11.3.2 Insurance, Contractors Llab#1ly ...................... 11.1 Insurance, EffectiVe Date of ..................... 8.2.2, 11.1.2 Insurance, Owne¢$ Llab#lty .......................... 11.2 Itasursnoe, Prop~ty ........................... 10.2.5,11,3 1 nsu rance, Stored 10lat edals .................... 9.3.2, 11.3.1.4 INSURANCt= 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 .................. 4.2.11, 4.2.12, 4.3.7 Joinder and Consolidation of Claims Required ............. 4.5.6 Judgment on Final Award ................ 4.5.1, 4.5.4.1, 4,5,? Labor Dispute~ ..................................... 8.3.1 Laws and Regulations ....... 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.5.5, 4.5.7, Llmitatten on ConsolkJation or Jolnder ................ 4.5.5 Limitations, Statutes of ................... 4.5.4.2, 12.2.6, 13.7 WARNING: Unlicensed photocopying vlolatm; U.8. copyright laws and la sul~ect to lagal pro*ecution. A201-1987 3 Limitations o f Liab'dit y ..... 2.3, 3.2.1,3.5.1, 3.7.3, 3.12.8, 3.12.1 l, 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, LO~S of Use Ifl~urafl¢~ ............................. 11.3.8 Material Suppliers .............. 1.3.1,3.[2.1,4.2.4,4.2.6,5.2.1, Materials, Hazacdous ........................... 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 Construction .......... 3.3.1,4.2.3,4.2.7,9.4.2 Miflof Ch~ in th~ Wod( ........... 1.1.1,4.2.8,4.3.7,7.1,7.4 MISCELLANEOUS PROVISIONS ........................ 13 Modifications to the Contract ........... 1.1.1, 1.1.2, 3.7.3, 3.11, Mutual R~q}ofl$1blllty ................................ 6.2 Nonconforming Work, Acneptanee of .................. 12.3 Nonconforming Work, Rejection and Correction of ........ 2.3.1, Notice ............. 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8, Notice, Wflt~n ............... 2.3,2.4,3.9,3.12,8,3.12.9,4.3, Notice of Testing and Inspections ................ 13.5.1, 13.5.2 Notice to Proceed ................................... 8.2.2 Notlcse, Permits, Fees and ...... 2.2.3, 3,7, 3.13, 7.3.6.4, 10.2.2 Observations, Architect's On-Site' . ................ 4.2.2,4.2.5, Observations, Contractor's ....................... 1.2.2, 3.2.2 Occupancy ......................... 9.6.6,9.8.1,9.9, 11.3.11 On-SRe Inspections by the Architect .......... 4.2.2,4.2.9,4.3.6, On,its Observations by the Architect ......... 4.2.2,4.2.5,4.3.6, Orders, Written ............ 2.3, 3.9, 4.3.7, 7, 8.2.2, 11.3.9, 12.1, OWNER ............................................. 2 Owner, D~flnltlon o f ................................. 2.1 Owser, Iofocmatlon and Servtne~ Required of the ........ 2.1.2, Owner's Authority ......... 3.8.1, 4.1.3, 4.2.9, 5.2.1, 5.2.4, 5.4.1, Owner's Financial Capability ................... 2.2.1, 14.1.1.5 Owseea Ua~lity Insumnse .......................... 11.2 Owner's Loss of Use Insurance ........................ 11.3.3 Owner'$RelatlonshipwRhSubcontractor$ ....... .-..~. :.. 1.1.2, Owner's Right to Carry Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Owner's RIgM to Clean Up ............................ 6.3 Owner's RIgM to Perlonn Construction and to Award 8eparateCofltmcto ............... ::; ..... . . 6.1 Owner's Right to Stop the Work ................... 2.3, 4.3.7 Owncr'~ Right to Suspend the Work~. .................... 14.3 Owner's Right to Terminate the Contract ................. 14.2 Ownership ~nd Use of Archltecrs Drawings, Specifications and Other Docurnents ................ 1 .1.1, 1.3, 2.2.5, 5.3 ParUal OJ~ulmnoF or U~ ................. 9.6.6,9.9, 11.3.11 Patohlng, Cutting and .......................... 3.14,6.2.6 Patont$, Royaltle~ and .............................. 3.17 Payment, Appflca6ons for ................ 4.2.5,9.2,9.3,9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 Paym~lt~ ~r tlrk~lte~ for ........... 4.2.5,4.2.9,9.3.3,9.4,9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Paym~t, FIdlur~ Of .......................... 4.3.7, 9.5.1.3, 9,7, 9.10.2, 14.1.1.3, 14.2.1.2 Payment, Final ............ 4.2.1, 4.2.9, 4.3.2, 4.3.5, 9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1 Payment Bond, Pedormance Bond and .............. 7.3.6.4, 9.10.3, 11.3.9, 11.4 Payments, Progress .......................... 4.3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 PAYMENTS AND COMPLETION ...................... 9, 14 Payments to Subcontractors .................... 5.4.2,9.5.].3, 9.6.2, 9.6.3, 9.6.4, t 1.3.8, ]4.2.].2 PCB .............................................. lO.l Per formance Bond and Payment Bond .................7.3.6.4, 9.10.3, 11.3.9, 11.4 P~-'mit~, F~ end Notions ....... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlotinat ed Biphenyl ............................. 10.1 Product Data, Dei~mition of ........................... 3.12.2 Product D~ta and S~mples, Shop Drawings .... 3.11,3.12, 4.2.7 progr~".s and CompSetlon ................... 4.2.2,4.3.4,8.2 Progrese Payment. ............................ 4.3.4,9.3, 9,6, 9.8.3, 9.10.3, 13.6, 14.2.3 P robie't, Del'tuition o f the ............................. 1.1.4 Proj~J ~d, Definitinn of t he ......................1.1.7 Project Man~s .................................... 2.2.5 Project Representative$ ............................. 4.2.10 prop~/Irl~Ul~l~ ........................... 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 of Waivers anti Liens ......................... 9.lO.2 Representations ......................... 1.2.2, 3.5.1,3.12.7, 6.2.2; 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives.: .......................... 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Fh~olution of C~dnm and Dllq~uto~ .................. 4.4,4.5 Responsibility for Those Per forming the Work ............ 3.3.2, 4.2.3, 6.1.3, 6.2, 10 Retainage ............... 9.3.1, 9.6.2, 9.8.3, 9.9.1,9.10.2, 9.10,3. Review of Contract Documents snd Fleki Conditione by Contractor ............ 1.2.2,3.2,3.7.3,3.12.7 Review of Contractor's Submittals by Owner and Architect ............. 3.10.1, 3.10.2, 3.11, 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 factor ........................ 3.12.5 Rights snd Remndle$ ............. 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 Royalties and Patents ............................... 3.17 4 A201-1987 Rules and Notices for Arbitration ..................... 4.5.2 Safety af Persons aed property ....................... 10.2 Safety Precautions ~nd Programs ........... 4.2.3, 4.2.7, 10.1 Samples, DeFinition of .............................. 3.12.3 Samples, ShopDrawlngs, PreductDatsaed ... 3.11,3.12,4.2.7 S~mples at Ihe Site, Documents and ................... 3.11 Sch~lul~ of Valuns ............................. 9.2,9.3.1 Schedules, Construction .............................. 3.10 Separate Contracts and Contractors .......... 1.1.4,3.14.2,4.2.4, Shop Drawings, Der'tuition of ......................... 3.12.1 Shop Drawings, Product Dats and Samples .... 3.11,3.12, 4.2.7 Site, Use of .............................. 3.13,6.1.],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.], 13.5 Special Inspections and Testing ............. 4.2.6, 12.2.1, 13.5 SpeCifiCatiOns, Definition o f the ....................... 1.1.5 Stat ute~ of Limitations ..................4.5.4.2, 12.2.6, 13.7 Stoppingthe Work ............. 2.3,4.3.7,9.7, 10.1.2, 10.3, 14.1 Stored Materials .......... 6.2.1,9.3.2, 10.2.1.2, 11.3.1.4, 12.2.4 Subcontractor, Definition o f .......................... 5.1.1 SUBCONTRACTORS .................................. 5 Subcontractors, Work by .................. 1.2.4,3.3.2,3.12.1, 4.2.3, 5.3, 5.4 SUbCOnt ractsal Relations .............. 5.3, 5.4,9.3.1.2,9.6.2, aubstsnUal Completion ............. 4.2.9,4.3.5.2,8.1.1,8.1.3, Substantial Completion, Del~mition o f .................... 9.8.1 Substitution o f Subcontractors .................... 5.2.3,5.2.4 Substitution of t he Architect ........................... 4.1.3 Substitutions of Materiais ............................. 3.5.1 Sub-subcontractor, Definition o f ....................... 5.1.2 Subsur face Conditions ............................... 4.3.6 Succensora and Assigns ............................ 13.2 Superintendent ............................... 3.9, 10.2.6 SupervlMon ired ConstrdCUOn procedura~ ...... 1.2.4,3.3,3.4, 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 Ownsr for Convenience ............. 14.3 Suspension of the Work ............. 4.3.7,5.4.2, 14.1.1.4, t4.3 Suspension or Termination of the Contract ...... 4.3.7, 5.4.1.1, 14 Taxes ...................................... 3.5, 7.3.6.4 Termination by the Contractor ........................ 14.1 Termlnedon by the Ownsr for Cauns ............. 5.4.1.1,14.2 Termination o f thc Architect .......................... 4.].3 Termination of the Cont factor ........................ ]4.2.2 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 ............................................... 5 Time, Delays and Extensions of .............. 4.3.817.2.1,8.3 Time Limits, Specific ......... 2.1.2, 2.2.1,2.4, 3.]0, 3.11, 3.15.], Time Ll~hlts 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 CORRECTION OF WORK ............ 12 Uncovering of Work .............................. 12.1 U$e of Sits .............................. 3.13, 6.1.1,6.2A Valuns, 8¢h~lu~e of ............................ 9.2,9.3.1 Waiver of Claims: Final Payment ........... 4.3.5,4.5.1,9.10.3 Waiver of Claims by t he Architect .................... 13.4.2 Waiver of Claims by the Contractor ........ 9.10.4, 11.3.7, 13.4.2 Waiver of Claims by the Owner .............. 4.3.5, 4.5.1,9.9.3, Waiver of Liens .................................... 9.10.2 Waivers of Subroga0on .................. 6.1.1, 11.3.5, l 1.3.7 Warranty and Warranties ......................... 3.5, 4.2.9, Weather Delays ................................... 4.3.8.2 When Arbitration May Be Demanded .................. 4.5.4 Work, D~finition of ................................. 1.1.3 Written Interpretations ................... 4.2.11,4.2.12,4.3.7 Written Orders .............................. 2.3,3.9,4.3.7, Al& DOCUI~.NT A201 ,, GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIAs * ~ 1987 TN E AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N-W', WASHINGTON, D'C' 20006 A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the .~reement 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 an~ndment 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 Construction. 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 entided 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 fi.dflfi 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 arc 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 Specifications 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 famiF lar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.$ 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. 1.2.6, Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- anee with such recognized meanings. 1.3 OWNERSHIP AND U~E 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 shah 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 ah common law, statutory and other reserved rightsr in addition to the copyright. All copies of them, except the Contractor's record set, shah 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 fxtrnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 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. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are ti) 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- cles 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 inte~oretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner 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 "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall Famish 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, Famish to the Contractor reasonable evidence that financial arrangements have been made to Falfill 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 Wor/~.] 2.2.2 The Owner shaft Famish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.$ Except for permits and fees which arc,he 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 Famished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.$ Unless otherwise provided in the Contract Documents, the Contractor will be Famished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are 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 thc Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by 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<lay period after 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-day period give the Contractor a second written notice to correct such defi(tencies within a second seven-day period. If the Contractor within such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such 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 Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 3.1 CONTRACTOR DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. WARNING: Unlicensed photocopying violates U.S. copyright laws and is s~bject to legal prosecution. A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDI'HONS BY CONTRACTOR 3.2.1 The Contractor shall carefnlly stud7 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 Architect 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 ~ognized 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 carefufiy 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 SUPERVI$1ON AND CONSTRUCTION PRO(~DURE$ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form ~he Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's ' administration of the Contract, or by tests, inspections or appr6vals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABO~ AND MATERIAL5 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machineD/, water, heat, utilities, transportation, and other facilities and services nece~ary 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. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor sll~ill not permit employment of unfit persons o~ 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 free 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 iaw~l 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 promptly 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 regnlations 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 Doom~ents. 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. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of mateFmls and equipment delivered at the site and all required taxes, less applicable trade discounts; 8 A201-1987 AIA [X)CU~IT A~01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©1987 THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W.,WASHINGTON, D.C. 20006 .3 Commctor'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 allowances, the Contract Sum shall be adiusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.0.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. 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 after being awarded the Con- tract, shall prepare and submit for thc 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 ~md keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The contractor shall maintain at the site for the Owner one record copy of the Drawings, Specificatious, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during coustmction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, iustmctions, 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, Sampl~ 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.$ The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.0 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittal& 3.12.? 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. 3.12.0 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 wdtten 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 thercofi 3.12.0 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 endfled to rely upon the accuracy and completeness of such calculations and certifi- cations. 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 constmction 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® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ~01-1987 9 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 3.15 Ct. EANING UP 3.15.1 The Contractor shah keep the premises and surround- iffg area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project equipment, machinery and surplus materials. 3,15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shah 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 hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the 3.18 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 linaited to attorneys' fees, arising out of or resulting from per fornmance 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 itselt) 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. 3.13.3 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 indemnifica- tion obligation under this Paragraph 3.18 shah not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acSts, disability benefit acts or other employee benefit acts. ,. 3.15.3 The obligations of the Contractor under this Paragraph 3.18 shah not ex-tend 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 f~dlure to give directions or instructions by the Architect, 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 if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shah 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 shah 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 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during coustmction, (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 instrument in accordance with other provisions of the Contract. 4.3.2 The AYchitect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to cheek quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for coustmction 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 WARNING: Unlicensed photoc~ng violates U.S. copyright laws and Is subject to legal proseeuUon. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Adminlstm- tlon, Except as otherwise provided in the Contract Documents or when direct communications have been specially antho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect 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 with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's 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, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any constroction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 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. 4.2.6 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of f'mal completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.1.1 The Architect will interpret and decide matters concern- ing 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 promptness 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 [~finlflon. 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 Dec~-~a:m 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 beiween the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless o f (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 arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Clain~ 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 wili not be considered unless submitted in a timely manner. alk OO~OM~I~' ~,01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AiA® ~©~9~7THEAMER~~AN~N~T~TUTE~FARCH~TECTS~l735NEWY~RKAVENUE~N-W-`~ASH~NGT~N'D-C.2~~~6 A201-1987 1~ WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 4.3.4 ConUnulng C~buct Per.finance. Pending ~ reso- hition of ~ 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 Giail~: FinM Payment The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- lng out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.8.6 Clain~ for Oon~mkld or Unknown ~onditlon$. If con- dition$ are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif~ fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ 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.? Clelme ~ Addlllonel ~I. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grotmds, (~lairrl shall be ~-ded in accordance with the procedure established herein. 4.3.8 Claims fiat Additional Time 4.3.8.1 ff 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 noce~ary. 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 Pemon or Prope~/. If either party 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 fried as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF Ct. AIMS AND DISPUTES 4.4.1 Thc Architect wiU review CLaims and takc one or more of the following 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 the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. 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 Ifa 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 Ifa Claim has not been resolved after 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 lYmding on the parties but subject to arbitration. Upon exp'wation 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 end 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 Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendet~:l 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. 12 A201-1987 AIA DOCUME[~r A201 o GENERAL CONDITIONS OF THE C(~NTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * ©1987 THEAMERICANINSTITUTEOFARCHITECTS. 1735NEW YORK AVENUE, N.W.,WASHINGTON. D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 4.5.2 Rules and Notices for Arbitration. Claims between the 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 Construction Industry Arbitration Rutes of the American Arbitration Association cur- rentiy in effect, unless the parties mutually agree otherwxse. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Performance Dudng AColtra~on. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a lmm 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 final 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 final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5.5 Limitation on Cotur, o~tion or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing spedfic reference to the A4~ree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in A~icle 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration ora dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly conffented to by parties to the A4~reement shall be speciftcally enforceable under appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Asse~fon of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a partaz 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 ftnal, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereoL ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITION8 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an 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 the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall f~rnish in writing to the Owner through the Architect the names of persons or enti- 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 investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.: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 difference 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. &lA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * ©1987 THE AMERICAN[NSTITUTEOFARCHITECTS, 17~SNEWYORKAVENUE, 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 all 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 fights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the ben&fit of all 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-sob- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall shniiarly 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 rights of the surety, if 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 fight to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in cormeetion 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 ContFactor 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 Docdtnents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in 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's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this A~ticle 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- stmction 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 wrung- 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 question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 AIA DOCUMENT A20t * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENU£, 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. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .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 price:; 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 Order. 7.3.6 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 social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for ail 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 re~orded by preparation and execu- tion of an appropriate Change Order. 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 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 Thc Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1.1 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 unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the e~ence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 3.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 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 £ding of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's 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 recSvery 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 the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule'of values allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and support&d by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests 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 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 m 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 the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the 16 A201-1987 Owner a Certificate for Payment, with a copy to the Contrac- .tot, 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 provided in Subparagraph 9.5.1. 9.4.~ The issuance ora Certificate for Payment will constitute a representation by the Architect to th~ Owner, based on the Architect's observations at the site and the data comprising the Appgcation for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- 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 amount certified. However, the issuance ora Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account oftbe Contract Sum. 9.6 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 Owner. 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: 9.5.2 When the above reasons for withholding certification are 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. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish 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 afier 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 until 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 provided in Article 7. 9.8 SUBSTANTIAL COMPLETION .1 defective Work not remedied; 9.8.1 Substantial Completion is the stage in the progress of the .2 third party claims filed or reasonable evidence indicat- Work when the Work or designated portion thereof is surd- lng probable ~'fling of such claims; ciently complete in accordance with the Contract Documents .3 failure of the Contractor to make payments prop- so the Owner can occupy or utilize the Work for its intended erly to Subcontractors or for labor, materials or use. equipment; .4 reasonable evidence that 'the Work cannot be com- 9.8.2 When the Contractor considers that the Work, or a por- pleted for the unpaid balance of the Contract Sum; tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit .5 damage to the Owner or another contractor; to the Architect a comprehensive list of items to be completed .6 reasonable evidence that the Work will not be eom- or corrected. The Contractor shall proceed promptly to com- pleted within the Contract Time, and that the unpaid plete and correct items on the list. Failure to include an item on balance would not be adequate to cover actual or such list does not alter the responsibility of the Contractor to liquidated damages for the anticipated delay; or complete ail Work in accordance with the Contract Docu- .7 persistent failure to carry out the Work in accordance ments. Upon receipt of the Contractor's list, the Architect will with the Contract Documents. make an inspection to determine whether the Work or desig- AIA DOCUMENT A20~ · GENERAL CONDITI~)NS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® ~©~987THEAMER~CAN~NST~TUTE~~ARCH~TECTS~~735NEWY~RKAVENUE~N~W~~WASH~NGT~N~D~C~2~~~6 .~2o1-1987 17 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution, 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, maintenanc .e, 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 shal/ 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 retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed 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 part/al 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 r~ached, 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, parCml 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 ful/y 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 ten-ns 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 entilied 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, to the extent and in such form as may be designated by the Owner. Ifa 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 unsatisfied 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, aRer 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 final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of 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 ~201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® ' © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying v~olates 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- taining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site 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 wilting. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shalI indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and 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 indirectly 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. 10.2.3 The Contractor shah erect and maintain, as required by existing conditions and performance of the Contract, rea.son- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shah exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.6 The Contractor shall promptly remedy damage and loss (other 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 dan~age 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 E~F_RC, EN~IES 10.3.1 In an emet'gency affecting safety of persous 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 wi~ich 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 employee benefit acts which are applicable to the Work to be performed; WARNING: Unih~msed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 19 .2 claims for damages because of bodily injury, occopa- 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 persona/injury liability coverage which are sustained (1) by a person as a result of an offense directly or indir~ctiy 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 destruction 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 obligatious under Paragraph 3.18. 11.1 .~' 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 £mal payment and termination of any coverage required to be main- rained after Final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'8 UABItJTY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection oooairlst clallTIS 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 PROFERTY INSURANCE 11.3.1 Unle~ otherwise provided, the Owner shall purchase and maintain, in a company or compaqies lawfully authorized to do business in the jurisdiction in which the Proiect is located, property insurance in the amount of the initial Con- tract Sum as w¢il 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- talned, unless otherwise provided in the Comract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until f'mal payment has been made as provided in Paragraph 9.10 or until no person or eutity 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 against the perils of fire 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.~' If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the 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 are 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 in transit? 11.3.2 Boiler and Machinery Insurance, The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specLt'~cally 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 named insurers. 11.3.3 LOSS o! Use Insurance. The Owner, at the 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 lire 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 ~he Contractor by appropriate Change Order. 20 A201-1987 &lA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * ©I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENU£,N.W.,WASHINGTON, D.C. 20006 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the sitq by property insurance under polides separate 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 polities other than those insuring the Proj- ect daring 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. 11.3.6 Before an exposure to loss may occur, the Owner shall file 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, der'tui- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 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-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiducia~3,. 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 indirecdy, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.$ A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee danse 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.g 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 shaft deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award ~n 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. 11.3.1 0 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parries in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators sha~l 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. 11.3.11 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 the 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 eanse cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shaLl have the right to require thc Contrac- tor to hirnLsh 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 such 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 chite A~A IX)CUMENT 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. 20OO6 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 Contract Documents, the Contractor shall correct it prompfly 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 actdal 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 notic~e 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 C(~ntract 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 auclion or at private sale and shall account for the proceeds thereof, afi~er deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and ~ 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.$ The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- stroed to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the 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 proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its re~moval 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 covenants, agreements and obligations contained in the Con- tract Documents. Neither 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 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 18.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 15;4.2 No action or failure to act by the Owner, A~chitect 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 writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, 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- lng 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.$.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 AIA DOCUMEI~T A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AJA® · ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.$ 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. 13.6.6 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 mad 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 cornmeaqce to run 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 Comple~on and Final Certffi- cate for PaymenL As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the £mal Certifi- cate for Payment, any applicable statute of limitations shall commence to mn and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 Aff~ Flrml C~liflc~te for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the f'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 Paragraph 12.2, or the date of actual commission of any o~er 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 'I'HE 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 anthor- ity 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- bec of days scheduled for completion, or 120 days in any 3654ay period, whichever is less; or .$ the Owner has failed to fiirnish 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 14.1.3 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 XX~ork, 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 eanse exists to jus- AIA DOCUMENT A2(}1 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AiA® ~©~987THEAMER~CAN~NST~TUTE~FARCH~TECTS~~7~5NEWY~RKAVENUE~N.W~~WASH~NGT~N~D~C~2~~~6 A201-1987 23 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal per:mecution. 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- ely thereon owned by the Contractor; .~) 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 £mished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing 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 8haU sutx, ive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cansc, order the Comrac~or in writin§ to snspcnd, delay or interrupt the Work fu whole or in par~ for such period of time as the Owner may determine. 14.3.2 ~ adinsm~em sh~ bc made for inerc~es in the cost of performance of the Contract, inc]udin; profit on the increased cost o£ pcrfurmance, can~cd by snsp~r~ion, delay or intcrrup~ tion. No adinsr~ent shaJ] bc made to the exten~: .1 that [~rfurma~ce is, was or would h2ve been so sus- pended, delayed or interrupted by another cansc for which the Contractor is rc~ponsihle; or .2 r~tt an equitable adjnsr, ment is made or dc~¢d under another provision of tl~ Contract. 14.3.3 ^djns~ments made in the cost of performance may have ~ mutuaJ]¥ a;reed f'c<ed or l'~reenm~c fcc. ~ A201-1~7 WARNING: Unlicensed photocopying violates It, S. copyright laws and Is sub]eot to legal prosecution. ~87 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions ofthe 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 previsions 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) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. Basketball & Tennis Court Project: H-1 .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: Basketball Court Project: H-2 PAYROLL CERTIFICATION FORM (Name of Signatory Pa~y) (Title) do hereby state: 1. That I pay or supervise the payment of the persons employed by (Contractor or Sub-Contractor) on the ; that during the payroll period conunencing (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 Column 10 - Front of Form)t that no rebates have been or will be made either directly or indirectly to or on behalf of said contractor, from the full weekly wages earned by any person and that (Name of Signatory Party) no deductions have been made either directly or indirectly from the full wages earned by any person other than permissible deductions as defined by Regulation issued by the New York State 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 forth therein for each laborer, mechanic, journeyman, skilled and semi-skilled laborer and apprentice conform with work he performed. 3. That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the New York Bureau of Apprenticeship and Training, Department of Labor and Industry. 4. That:. (a). 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, payments 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 4 (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 [] payroll, has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in Section 4 (c) below. (c). EXCEPTIONS EXCEPTION (CRAFO EXPLANATION REMARKS: SIGNATURE N,~VtE and TITLE I SIGNATURE The willful falsification of any of the above statements may subject the contractor or sub-contractor to civil or criminaI prosecution. (NOTARY & SEAL) BASKETBALL COURT PROJECT I - 1 PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS (for Contractor and Sub-Contractor's use for Weekly and Final Certification) NAME OF [~ CONTRACTOR, OR D SUB-CONTRACTOR: 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 Number: 1. ~ 3. ~ 4. Day & Date 5. 6. 7. 8. 9. 10. ~ m S M T W T F S DEDUCTIONS NET Name, Address and ~ ;~ '~ ~ TOTAL RATE GROGS ~ ~ ~ Work WAGE aMOUNTS Social Security Number ~ ~ ~ HOURS OF AMOUN'I ~FITH- TOTAL PAID ~Og UNPAID Classification ~ ~ '~ ~ F I C A MOLDINI STATE DEDUC- WEEK ,of Employee Z ~ m ~ HOURS WORKED EACHDAY PAY EARNED TAX TIONS O S O S O S O S O S O S O S O S O S NEW YORK STATE DEPARTMENT OF LABOR PREVAILING WAGE DIVISION 0 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for Jean W. Cochran Park Basketball Court Construction Peconic Lane Peconic, New York 11958 Basketball Court Project: J-1 David A. Paterson, Governor Town of Southold James McMahon, Director, Public Works PO Box 1179 Southold NY 11971 Colleen C Gardner, Commissioner Schedule Yea[ 2009 through 2010 Date Requested 03/27/2010 PRC# 2010002742 Location Project ID# Project Type Jean Cochran Park Construction of a asphalt basketball courl PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2009 through June 2010. 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 attactied schedule, to the specifications for this project, when it is advertised for bids and/or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covedng Workers on Public Work Contracts" provided with this schedule, for the specific'details relating to other cesponsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name & Title of Representative: Phone: (518)457-5589 Fax: (518)485-1870 W. Averell Harrirnan 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, workem, or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and supplements (fringe benefits) in the locality where the work is performed. Responsibilities of the Department of Jurisdiction A Depadment 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 Inlormation" form (PW 39) to the Bureau of Public Work. Thb Prevailing Rate Schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract. Upon the awarding of the contract, the law requires that the Department of Jurisdiction (Contracting Agency) furnish the following information to the Bureau: the name and address of the contractor, the date the contract was let and the approximate dollar value of the contract. To facilitate compliance with this provision of the Labor Law, a copy of the Department's "Notice of Contract Award" form (PW 16) is provided with the original Prevailing Rate Schedule. · The Department of Jurisdiction (Contracting Agency) is required to notify the Bureau of the completion or cancellation of any public work project. The Department's PW 200 form is provided for that purpose. Hours No laborer, worker, or mechanic in the employ of a contractor or subcontractor engaged in the performance of any public work project shall be permitted to work more than eight hours in any day or more than five days in any week, except in cases of extraordinary emergency. The contractor and the Department of Jurisdicfion (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 current Prevailing Rate Schedule for the locality where the work is performed. If a prime contractor on a public work project has not been provided with a Prevailing Rate Schedule, the contractor must notify the Department of Jurisdiction (Contracting Agency) who in turn must request an odginal Prevailing Rate Schedule form the Bureau of PublicWork. Requests may be submitted by: mail to NYSDOL, Bureau of Public Work, State Office Bldg. Campus, Bldg. 12, Rm. 130, Albany, NY 12240; Fax to Bureau of Public Work (518)485-1870; or electronically at the NYSDOL website www.labor.state.ny.us. Upon receiving the original schedule, the Department of 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 expired, the contractor may obtain a copy of the new annual determination from the NYSDOL website www.tabor.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 penally 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, Houdy 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 of its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as tree 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 ora request, payroll records sworn to as their validity and accuracy for public work and private 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 ol business in New York State and the amount of the contract exceeds $25,000.00, payroll records and cedifications must be kept on the project worksite. The pdme 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 odginal schedule and any subsequently issued schedules, shall provide to such contractor a vedfied statement attesting that the subcontractor has received the Prevailing Rate Schedule and will pay or provide the applicable rates of wages and supplements specitied 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. An' corrections should be brought to the Department's attention immediately. It is the responsibility of the public work contractor to use the proper rates. If there is a question on the proper classification to be used, please call the district office located nearest the project. Any errors in the annual determination will be corrected and posted to the NYSDOL website on the first business day of each month. Contractors are responsible for paying these updated rates as well, retroactive to July 1st. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. To the extent possible, the Department posts rates in its possession that cover pedods of time beyond the July 1st to June 30th time frame covered by a particular annual determination. Rates that extend beyond that instant time period are informational ONLY and may be updated in fulure annual determinations that actually cover the then appropriate July 1st to June 30th time period. Withholding of Payments When a complaint is tiled with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract shall be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. When the Bureau of Public Work finds that a contractor or subcontractor on a public work project fa led to pay or provide the mClU s te preva ng 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 lhe Commissioner of Labor. The withholding continues until there is a final determination of the unde~aymeet by the Commissioner of Labor or by the court in the event a legal proceeding is instituted for review of the determination of the Commissioner of Labor. The Department of Jurisdiction (Contracting Agency) shall comply with this order of the Commissioner of Labor or of the court w~t"h 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 lhe public work project. The prevailing wage schedule must be encased in, or constructed of, materials capable of withstanding adverse .we.ather conditions and be tilled "PREVAILING RATE OF WAGES" in letters no smaller than two-(2) inches by two (2) inches. Every employer providing workers, compensafion insurance and disability benefits must pest notices of such coverage in the format prescribed by the Workers. Compensation Board in a conspicuous place on the jobsite. Every employer subject to the NYS Human Rights Law must conspicuously post at its offices, places of employment, or employment training centers, notices furnished by the State Division of Human Rights. .Employers liable for centributio~s 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 statawide building trade ratios promulgated by the Department of Labor and included with the Prevailing Rate Schedule. An employee listed on a payroll as an apprentice who is not registered as above or is performing work outside the classification of work for which the apprentice is indentured, must be paid the prevailing joumeyworker% 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 State. Persons wishing to verify the apprentice registi-ation of any pemon must do so in writing by mail, to the NYSDOL Office of Employability Development / Apprenticeship Training, State Office Bldg. Campus, Bldg. 12, Albany, NY '12240 or by Fax to NYSDOL Apprenticeship Training (518) 457-7154. All requests for verification must include the name and social security number of the person for whom thee information is requested. The only conclusive proof of individual apprentice registration is written verification from the NYSDOL Apprenticeship Training Albany Central office. Neither Federal nor State Apprenticeship Training offices outside of Albany can provide conclusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any person is registered in that procjram. Furthermore, the existence or possession of wallet cards, identification cards, or copies of state forms is not conclusive proof of the registration of any person as an apprentice. Interest and Penalties In the event that an underpayment of wages and/or supplements is found: Interest shall be assessed at the rate then in effect as prescribed by the Superintendent of Banks pursuant to section 14-a of the Banking Law, per annum from the date of underpayment to the date restitution is made. A Civil Penalty may also be assessed, not to exceed 25% of the total of wages, supplements, and interest due. Debarment Any contractor or subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded any public work contract or subcontract with any state, municipal corporation or public body for a period of five (5) years when: Two (2) willful determinations have been rendered against that contractor or subcontractor and/or its successor within any consecutive six (6) year period. There is any willful determination that involves the falsification of payroll records or the kickback of wages or supplements. Criminal Sanctions Willful violations of the Prevailing Wage Law (Articl~ 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 origin, sex, disability or marital status, No contractor, subcontractor 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 origin (NYS Labor Law, Article 8, Section 220- e(b) ). The Human Rights Law also prohibits discrimination in employment because of age, marital status, or religion. There may be deducted from the amount payable to the contractor under the contract a penalty of $50.00 for each calendar day 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, piaces 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 contract(~r who is awarded a public work contract must provide proof of workers' compensation coverage prior to being allowed to begin work. The insurance policy must be issued by a company authorized to provide Workers' compensation coverage in New York State. Proof of coverage must be on form C-105.2 (Cedificate of Workers' Compensation Insurance) and must name this agency as a certificate holder. If New York State coverage is added to an existing out-of-state policy, it Can only be added to a policy from a company authorized to write workers' compensation coverage in this state. The coverage must be listed under item 3A of the information page. The contractor must maintain proof that subcontractors doing work covered under this contract secured and maintained workers' compensation poticy for alt employees working in New York State. Every employer providing worker's compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers' Compensation Board in a conspicuous place on the jobsite. Unemployment Insurance Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the New York State Department of Labor. David A Paterson, Governor Town of Soulhold James McMahon, Director, Public Works PO Box 1179 Southold NY 11971 Colleen C Gardner, Commissioner Schedule Year 2009 through 2010 Date Requested 03/27/2010 PRC# 2010002742 Location Project ID# Project Type Jean Cochran Park Construction of a asphalt basketball court Notice of Contract Award New York State Labor Law, Article 8, Section 220.3a requires that certain information regarding the awarding of public work contracts, be furnished to the Commissioner of Labor. One "Notice of Contract Award" (PW 16, which may be photocopied), MUST be completed for EACH prime contractor on the above referenced project. Upon notifying the successful bidder(s) of this contract, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. Contractor Information All information must be supplied Federal Employer Identification Number: Name: Address: City: Amount of Contract: Approximate Starting Date: Approximate Completion Date: State: Zip: $ Contract Type: (01) General Construction (02) HeatingNentilation (03) Electrical (04) Plumbing (05) Other : Phone: (518) 457-5589 Fax: (518) 485-1870 W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 www.labor.st ale. 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 o! 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 percentage of the dollar value of such contracts that must be deposited into the Fund. This item also describes the roles of the following entities with respect to the Fund: New York State Department of Labor (DOL), The Office of the State of Comptroller (OSC), and State agencies and public benefit corporations. 2. Background and Statutory References: DOL uses the Fund to enforce the State's Labor Law as it relates to contracts for constructiOn or reconstruction as defined in subdivision two of Section 220 of the Labor Law. State agencies and public benefit corporations participating in such contracts are 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, imo 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 agenmes 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. 1o 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 if a contract is or is not exempt, they can call the Bureau of .Public Work at the number noted below for a determination. Payment by check or journal voucher is due to DOL within thirty days from the date of the billing. DOL will verify the amounts and forward them to OSC for processing. For those contracts which are not approved or administered by the Comptroller, monthly reports and payments for deposit into the Public Work Enforcement Fund must be provided to the Administrative Finance Bureau at the DOL within 30 days of the end of each month or on a payment schedule mutually agreed upon with DOL. Reports should contain the following information: Name and billing address of State agency or public benefit corporation; State agency or public benefit corporation contact and phone number; Name and address of contractor receiving the award; Contract number and effective dates; Contract amount and PWEF assessment charge (if contract amount has been amended, reffect increase or decrease to original contract and the adjustment in the PWEF charge); and Brief description of the work to be performed under each contract. Checks and Journal Vouchers, payable to the "New York State Department of Labor" should be sent to: Department of Labor Administrative Finance Bureau-PWEF [Init 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 - A.9052 - S6240 This provision is an addition to the existing prevailing wage rate law, Labor Law §220, paragraph a of subdivision 3-a. It requires contractors and subcontractors to provide written notice to all laborers, workers or mechanics of the prevailing wage rate for their particular job classification on each pay stub*. It also requires contractors and subcontractors to post a notice at the beginning of the performance of every public work contract on each job site that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers or mechanics of their right to contact the Department of Labor if he/she is not receiving the proper prevailing rate of wages and/or supplements for his/her particular job classification. The require, d notification will be provided with each wage schedule, may be downloaded from our website ~vw;.v. labor;:~'ta~e.~?.;~, or made available UlSOn request by contacting the Bureau of Public Work at 518-457-5589. * In the event that the required intbrmation will not fit on the pay stub, an accompanying sheet or attachment of the informatiofi will suffice. THIS IS A Chapter 629 of the Labor La ws 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. They a so be at If you feel that you have not received proper wages or benefits, please call our nearest office. * Albany Binghamton Buffalo Garden City New York City (518) 457-2744 (607) 721-8005 (716) 847-7159 (516) 228-3915 (212) 775-3568 Newburgh Patchogue Rochester Syracuse 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 Colleen C. Gardner, 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 lbr every public work contract of at least $250,000.00, contain a provision of this requirement. NOTE: The OSHA 10 Legislation does not apply to projects advertised for bid prior to Jul), 18, 2008 AND only applies to workers on a public work project that are required under Article 8 to receive the prevailing wage. Rules and regulations will be promulgated and posted on the NYSDOLw i ~, ., ~ r~'t~, , ebs te ~ ~vx~ .lal_ o...._ t,~,e, n~ .us when finalized. Page 1 of 2 Where to find OSHA 10-hour Construction Course NYS Department of Labor website for scheduled outreach training at: OSHA Training Institute Education Centers: Rochester Institute of Technology OSHA Education Center Rochester, NY Donna Winter Fax (58~) 475-6292 e-mail: .~j j.~ .rt.,..~.~ ~2'..r. i .r...e?. ~. (866) 385-7470 Ext. 2919 www ~4_t.edu/.Lnur~each/cnurse.php~,?Cou:.selD=5/~ Atlantic OSHA Training Center UMDNJ - School of Public Health Piscataway, NJ Janet Crooks Fax (732) 235-9460 e-mail: .c.r. 9. 9.~2 ~ j ~ .(.~.,..~3.g3~33 j: ~ .d..u' (732) 235-9455 http s://~ pim.:~.mdni .~du/wcou~c~,;ttShow$chednle.awf~?~.~.GP.O[~.-.AC~TCON-..lO~. Keene State College Manchester, NH Leslie Singleton e-mail: }s [ag i e t kn ,:[~ kee'_,~_e, ed u (80O) 449-6742 3. List of trainers and training schedules for OSHA outreach training at: 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 contracl for public work of $250,000.00 or more must contain a provision requiring that every worker employed in the performance of a public work contract shall be certified as having completed an OSHA 10 safety training course. The clem' intent of this provisiofl is to require that all employees of public work contractors receive such training "prior to the performing m~y work on the project." The Bureau will enforce the statute as follows: All contractors and sub contractors must attach a copy of proof of completion of the OSHA 10 course to the first certified payroll submitled to the contracting agency and on each succeeding payroll where any new or additional employee is first listed. Proof of completion may include but is not limited to: · copies of bona fide course completion card; · training roster, attendance record of other documentation from the certified trainer pending the issuance of the card. · other valid proof **A certification by the employer attesting that all employees have completed such course is not sufficient proof that the course has been completed. Any questions regarding this statute may be directed to the New York State Department of Labor, Bureau of Public Work at 518-485-5696. Page 1 of 1 WIt.KS Refor n 2008 RaJse,s the ~hrc;shOld ~or p. Jb~iC work project,';, Subject to ~e Wick~.~ Law requiring separate spac:ific, atioos and bidd~g far the.plumbing, h~afi~g and elecldc~i New York~ O~ee~s and ~chm0nd CdU~eS; $1.5'religion i~ Nassau, For pro~,:;¢ts bek:,w ih(: L~)or~,~.:E~ry th.~'eshoM, bidders must subf'cfit a sealed tist amount to be paid to each. The iisi may noi be. c~an~ed u~es~:~ pub!it owae~ Aiio'ws the ~?.t~ at:d Igc, at agencies 8nr. i a~borit~as to waive the Wicks Law :a~d use a PLA if it wi[I pfovMe i~ Dost work atthe ~west possible price. ~.a PLA is trades of Work it empioys th3f t~ave boon Approved by the [.),~pa~m'ent of L~bor - public owners for 8o~-compiia~c8. other nsw monetary f~hre, sholds. ~nd Simii~t.~ sea~i~,:J bi~d~fig for ~f~-V4'i~s Authority, Wes~cheste¢ County Heaith Care Association, Ns-ssau Cgunty He~th t'~edaces fr~rri 1 5 t,'.~ 7 days the pe41od in whk;i; cor;4.."acte.:s rr, ms~. PaY IMPORTANT INFORMATION Regarding Use of Form PW30R "Employer Registration for Use of 4 Day / 10 Hour Work Schedule" To use the '4 Day / 10 Hour Work Schedule': There MUST be a Dispensation of Hours (PW30) in place on the project AND You MUST register your intent to work 4 / 10 hoUr days, by completing the PW~,OR 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 I of i Instructions for Completing Form PW30R "Employer Registration for Use of 4 Day/10 Hour Work Schedule" Before completing Form PW30R check to be sure ... · There is a Dispensation of Hours in place on the project. · The 4 Day / 10 Hour Work Schedule applies to the Job Classifications you will be using. · The 4 Day / 10 Hour Work Schedule applies to the County / Counties where the work will take place. Instructions (Type or Print legibly): Contractor Information: Enter the Legal Name of the business, FEIN, Street Address, City, State, Zip Code; the Company's Phone and Fax numbers; and the Company's email address (if applicable) · Enter the Name of a Contact Person for the Company along with their Phone and Fax numbers, and the personal email address (if applicable) Proiect information: · Enter the Prevailing Rate Case number {PRC#) assigned to this project · Enter the Project Name / Type (i.e. Smithtown (:SD - Replacement of H$ Roof) · Enter the Exact Location of Project (i.e. Smithtown HS, 143 County Route #2, Smithtown,NY; Bldgs. 3. & 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- Bldg.12 - Rm.130, Albany, NY 12240 -OR- · Fax the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work at (518)485-1870 PW~OR-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 IBefore completing Form PW30R check to be sure ... There is a Dispensation of~louts 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. Please Type or Print the Requested Information Ihen completed ... Mail to NYSDOL Bureau of Public Work, SOBC, Bldg. 12, Rm.130, Albany, NY 12240 Fax to NYSDOL Burea~u of ~°~lic Work at (518) 485-1870 Company Name: Address: FEIN: City: State: Phone Number Fax Number: Email Address: Contact Person: Zip Code: Phone No: Fax No: Email: . L~i~ >~ ::::....::::::::::::::i :::::::.:::::::::-:::~;~:~.~;~;..~;.;-;-:~:.:~:~;~:; ~; ~ ~; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Project PRC#: Exact Location of Project: (If you are Subcontractor) Prime Contractor Name: Project Name/Type: County: Job Classification(s) to Work 4/10 Schedule: (Choose all that applJ/ on Job Classification Checklist - Paqes 2 & 3) ?. i i.i i. i. i i.i Name: Title: Date: PW-30R (07*09) 1 of 3 Job Classification Checklist (Place a checkmark by all classifications that will be usinl~ the 4/10 schedule) Cayuga, Chenango, Cortland, Herkimer, Madison, Oneida, 'Electrician 43 Onondaga, Oswego, Otsego, Tompkins, Wayne Genesee, Livingston, Monroe, Ontario, Orleans, Wayne, Electrician 86 Wyoming Albany, Allegany, groome, Cattaraugus' Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, ~ Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herklmer, Jefferson, Lewis, Uvingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putna'm, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Electrician Lineman 1249a Ulster, Warren, Washington, Wayne, Wyoming, Yates - ~,llegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, . Elevator Constructor 14 Drleans, Wyoming Albany, Clinton, Columbia, Essex, Franklin; Fulton, Greene, Hamiliton, Herkimer, Montgomery, Oneida, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, Elevator Constructor 35 Washington Jefferson, Lewis, Livingston; Monroe, Ontario, Seneca, St. Glazier 677.1 Lawrence, Wayne, Yates PW-30R (07-09) NYSDOL Bureau of Public V~rk 2 of 3 Job ClaSsification Checklist (Place a checkmark by all classifications that will be using the 4/~.0 schedule) ^llegany, Chemung, Genesee, Livingston, Monroe, Operating Engineer Heavy& Highway 832H Ontario, Schuyler, Steuben, Wayne, Yates I;~ih[i~i~: i: :i i:]:: i:i :i :ii : i: :::l~fSB:i ii: Painter 178 E Chemung, Schuyler, Steuben ~i~i~i~i~ i~ ~i ii : :.:: :. : :. :.: Cayuga, Herkimer, Lewis, Madison, Oneida, Onondaga, Painter 31 Ontario, Oswego, Seneca ~i~i~ 4-Buf, Nia, Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Painter Olean Livingston, Niagara, Orleans, Steuben, Wyoming ~i~i~ :.: : : : ~i~i~: ~!i~;!~::. :.: ~ Sheetmetal Worker 46 Livingston, Monroe, Ontario, Seneca, Wayne, Yates Allegany, Cayuga, Cortland, Seneca, Steuben, Tompkins, Team~er - Heavy&Highway 317a.hh Wayne, Yates PW-30R (07-09) NYSDOL Bureau of Public Wbrk 3 of 3 Prevailing Wage Rates for 07/01/2009 - 06/30~2010 Published by the New York State Depadment of Labor Last Published on Mar 01 2010 PRC Number 201000274? Introduction to the Prevailing Rate Schedule Information About Prevailing Rate Schedule This information is provided to assist you in lhe interpretation of padicular req uiremeuts for each classification of worker contained in the attached Schedule of Prevailing Rates. Classification It is the duty of the Commissioner of Labor to ma ke the proper classification of workers la king 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 responsibility of the public work contractor 1o use the proper rate. If there is a question on the proper classification to be used, please call the district office Iocaled nearest lhe project. District omce locations and phone numbers are lisledbelow. Prevailing Wage Schedules are issued separately for "General Construction Projects" and "Residential Construction Projects" on a ccuuty- by-counly bas~s. General Construction Rates apply to projects such as: Buildings, Heavy & Highway, and Tunnel and Water & Sower rates. Residenlial Construction Rates generally apply to construct on, reconstruct on, repair, alteration, or demolition of one family, two family, row housing, or rental type units intended for residential use. Some rates lisled in the Residential Construction Rate Scbedule have a very limited applicability listed along with the rate. Rates for occupations or locations not shown on lhe residenlial schedule must be obtained from the General Construction Rate Schedule. Please contact the local Bureau of Public Work ofgca before using Residential Rate Schedules, to ensure that the project meets Ihe required criteria. Paid Holidays Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not ~equired to perform work. If an emplovee works on a day lisled as a paid holiday, this remuneration is in addihon to payment of the required prevaihng rale for lbo work actualty performed, Overtime Al a .minimum, all work perfor,~med on ~ public work project in excess of eight hours in any one day or more than five days in any workweek is overbme. However, the specific oved~me requirements for each trade or occupation on a public work project may differ. Specific ovedime requirements for each trade or occupation are contained in the prevailing rale schedules. Dve~lime holiday pay is the premium pay that is requ red for work performed on specified holidays. It is only required where the employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME The required rate of pay for these covered holidays can be found in the OVERTIME PAY section st ngs for each classification. Supplemental Benefits Particular attenlion should be given to the suppemental benefit requ remonls. Although in most cases the payment or provision of supplem..enls is for each hour worked, some ctassifications require the payment or provision of supplements for each hour paid (including pe~dbehdays on which no work is performed) and/or may require supplements lo be paid or provided at a premium rate for premium hours worked. Effective Dates V~en you review the schedule for a ~)articular occ~paifea, your attention should be directed to the dates above the column of rates. These are the dales for whish a given set o~ rales is effechve. The rate listed is valid until the next effective rate change or uutJl the now annual determination which takes effect on July I of each year. A contractors and subcontractors are required to pay the current prevailing rales of wages and supplements. If you have any questions please contact the Bureau of Public Work or visit the New York Stale Departmenl of Labor website (www.laber.state.ny.us) for current wage rate information. Apprentice Training Ratios The following are the allowable ratios of registered Apprentices to Joumey-workera. For example, th~ ratio 1:1,1:3 indicates the a owab e initial ratio is one Apprentice to one Joumeyworkdr. The Joumeyworker must be in place on the project before an Apprentice is a owed. Then three additiona/Joumeyworkers are needed before a second Apprentice is allowed. The last ratio repeats indefinitely. Therefore, three more Joumeyworkem must be presenl before a third Apprenlica can be hired and so on. , Please call Apprentice Training Central Office at (518) 457-6820 if you have any questions. Trlle (Trade) Boilermaker (Construction) Boilermaker (Shop) Carpenter (Bldg.,H&H, Pile Driver/Dockbuilder) Carpenter (Residential) Electrical (Outside) Lineman Ratio 1:1,1:4 1:1,1:3 1:1,1:4 1:1,1:3 1:1,1:2 Pacle 24 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department ~ Labor Last Published on Mar 01 2010 PRC Nureber 2010002742 Electrician (Inside) 1:1,1:3 Elevator/Escalator Construction & Modernizer 1:1,1:2 Glazier 1:1,1:3 Insulation & Asbestos V~,rker 1:1,1:3 Iron Worker 1:1,1:4 Laborer 1:1,1:3 Mason 1:1,1:4 Millwright 1:1,1:4 Op Engineer 1:1,1:5 Painter 1:1,1:3 Plumber & Stearnfitter 1:1,1:3 Roofer 1:1,1:2 Sheet Melal Worker 1:111:3 Sprinkler Fitter 1:1,1:2 If you have any questions concerning the attached schedule or would like additional information, please contact the nearest BUREAU of PUBLIC WORK District Office or write to: New York State Department of Labor Bureau of Public Work Slale 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 - Newbu~h 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 V~rk - 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 518-486~1670 Page 25 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Publisbed by the New York State Department of Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County Suffolk County General Construction JOB DESCRIPTION Asbestos Worker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per hour: Abeslos Worker Removal & Abatement Only' 07/01/2009- 11/30/2009 $32.95 DISTRICT 9 12/01/2009- 11/30/2010 +Additional $3.00** NOTE: *On Mechanical Systems that are NO¥ to be SCRAPPED. **Increase to be allocated at a later date. SUPPLEMENTAL BENEFITS Abestos Worker Removal & Abatemenl Only $9.15 OVERTIME PAY See (B, B2, IO on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6)on HOLIDAY PAGE NO~E: Easter Paid al Time and One-half IF worked REGISTERED APPRENTICES Apprentice Removal & Abatement Only: 1000 hour lerme at lhe following percentage of Journeyman's rates. 1st 2nd 3rd 4th 78% 80% 83% 89% Supplemenlal Benefits: (per Hour worked) Apprentice Removal & Abatement Only $9.15 9-12a - Removal O~ JOB DESCRIPTION Boilermaker DISTRICT 4 ENTIRE COUNTIES Bronx, Dutchess~ Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester WAGES Per Hour: 07/01/2009 Boilermaker $ 45.89 Repairs & Renovation 45.89 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 BoilerMaker 48% of Hourly V~age Paid + $ 8.07 Repairs & Renovation* NOTE: "Houdy Wage Paid" shall include any and all premium(s) pay. *Same as Boilermaker (Includes replacement of paris and repaim & renovation of an existing unil). OVERTIME PAY Page 26 Prevailing Wage Rates for 07101/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on Mar 01 2010 PRC Ngrnher 2010002742 Suffolk County See (D, O) on OVERTIME PAGE HOLIDAY Paid: See (8, 16, 23, 24) on HOLIDAY PAGE Ovedime: See (5, 6, 11, 12, 15, 25) on HOLIDAY PAGE NOTE: *Employee must work in pay week lo receive Holiday Pay. **Boilermarker gets 4 times the houdy wage rate for working on Labor Day. *'*Repairs & Renovation see (B,E,Q) on HOLIDAY PAGE REGISTERED APPRENTICES (1/2) Year Terms al the following pecentage of Boilermaker's Wage 1st 2nd 3rd 4Ih 5th 6th 7th 8th 65% 65% 70% 75% 80% 85% 90% 95% Supplemental Benefits Per Hour: 07/01/2009 Boilermaker 48% of Hourly Apprentice(s) Wage Paid + $ 8.07 Repairs & Renovation* Apprentice(a) $48% of Hourly Wage Paid + $ 8.07 NOTE: "Houdy Wage Paid" shall include any and all premium(s) pay. *Includes replacemenl of pads and repairs & renovation of an existing unit. 4-5 JOB DESCRIPTION Carpenler DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Westchester PARTIAL COUNTIES Orange: South of but including the following, Waterloo Mills, SleteHitl, New Hampton, Goshen, Blooming Grove, Mountainvitle, east to the Hudson River. Putnam: South of but including Ihe following, Cold Spdng, TompkinsComer, Mahopac, Cmlon Falls, east to Connecticut border. Suffolk: West of Port Jefferson and Patchoque Road to Route 112 tothe Atlantic Ocean. WAGES Per hour: 07/01/2009 10/17/2009 Additional Core Drilling: Ddller $ 33.25 $ 2.21' Assistant Driller 27.22 1.94' Note: Hazardous Waste Pay Differential: For Level C, an additional 10% above wage rate per hour For Level B, an additional 10% above wage rate per hour For Level A, an additional 10% above wage rate per hour Note: When required 1o work on water: an additional $ 0.50 per hour. * May be allocated between wages and benefits. SUPPLEMENTAL BENEFITS Per hour paid: Ddller $15.31 Assistant 15.31 Page 27 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Last Published on Mar 01 2010 OVERTIME PAY OVERTIME: HOLIDAY HOLIDAY: Paid; Overtime: See (B,E,K*,P,R*~) on OVERTIME PAGE. See (5,6) on HOLIDAY PAGE. * See (5,6) on HOLIDAY PAGE. ** See (8,10,11,13) on HOLIDAY PAGE. Published by the New York State Department of Labor PRC Number2010002742 Suffolk County Assistant: One (1) year increments at lhe following percentage of Assislant wages. This is not an apprenticeship for D[iller. 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, Weetchester WAGES Per Hour: 07/01/2009 07/01/2010 Addilional Timberman $ 40.50 SUPPLEMENTAL BENEFITS Per hour paid: Timberman $ 40.62 *May be allocaled between wages and benefits. OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: $ 3.53* See (18,19) on HOLIDAY PAGE. Paid: for 1st & 2nd yr. Apprentices See (5,6,11,13,16,18,19,25) Ovedime: See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wages per hour is Pecentage of Joumeymans Wage. ( 1 ) year terms: 1st 40% DISTRICT 9 2nd 3rd 4th 50% 65% 80% Supplemenlal benefits per hour: Apprentices $ 25.14 9-1536 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2009 07/01/2010 Additonal Building Page 28 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County Millwright $ 44.24 'lVlay be allocated between wages and benefits SUPPLEMENTAL BENEFITS Per hour paid: Millwright $ 44.75 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (18,19) on HOLIDAY PAGE. Paid: for 1st & 2nd yr. Apprentices Overtime REGISTERED APPRENTICES Wages per hour is Pecectage of Journeymans wage (1) year terms: 1st. 2nd. 55% 65% $ 3.62* See (5,6,11,13,16,18,19,25) See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. 3rd. 4th. 75% 95% Supplemental benefits per hour: (1) year terms: 1st. 2nd. 3rd. 4th. $28.19 $31.29 $35.51 $40.62 9-740.1 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES 15er hour: 07/0~1/2009 Marine Construction: Marine Diver $ 56.32 MD.Tender 40.17 SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 40.86 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOUDAY Paid: Paid: for 1si & 2nd yr. Apprentices Overtime: REGISTERED APPRENTICES Wager per hour is Pemenlage of Joumeymans Wage 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. (1) year terms: Page 29 Prevailing VVage Rates for 07/01/2009 - 06/39/2010 Published by the New York State Department o~ Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County 1st 2nd 3rd 4Ih 40% 50% 65% 80% Supplemental benefits per hour: Apprentices $ 26.97 9-1456MC JOB DESCRIPTION Carpanler DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2009 Carpet/Resilient Floor Coverer $ 44.02 SUPPLEMENTAL BENEFITS Per hour paid: Floor Coverer OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: Paid: for 1si & 2nd yr. Apprentices Overlime: $ 38.58 See (18, 19)on HOLIDAY PAGE. See (5,6,11,13,1. 6,18,19,25) See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wage per hour is Pecentage of Journ~ymans Wage (1) year terms: 1st. 2nd. 40% 50% 3rd. 4th. 65% 80% Supplemental benefits per hour: Apprentices $ 25.83 9-2287 JOB DESCRIPTION Carpenler ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2009 07/01/2010 Additional Piledriver $ 44.61 $ 3.72* Dockbuilder 44.61 3.72* SUPPLEMENTAL BENEFITS Per hour paid: Page 30 DISTRICT 9 Prevailing VVage Rates for 07/01/2009 - 06/30/2010 Last Published on Mar 01 2010 Published by the New York State Department of Labor PRC Number 2010002742 Suffolk County Journeyman $ 40.86 * May be allocated belween wages and benefits. OVERTIME PAY See (B, E2, O) on OVERTIME PAGE HOLIDAY Paid: Paid: for 1si & 2nd yr. Apprentices Overtime: REGISTERED APPRENTICES VVages per houris Pecentage of Journeymans Wage (1)year terms: 1st. 2nd. 40% 50% 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. 3rd. 4th. 65% 80% Supplemental benefits per hour: Apprentices $ 2697 9-1456 JOB DESCRIPTION Carpenter- Building f Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2009 Building Carpenler Heavy Highway Carpenter SUPPLEMENTAL BENEFITS Per Hour: $ 37.21 $37.21 07/01/2009 Both Carpenter Categories $ 30.29 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (18, 19) on HOLIDAY PAGE Ovedime: See (5, 6, 16, 23, 24, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at lhe following pecenlage of Journeymans VVage 1st 2nd 3rd 4th 40% 55% 65% 75% Supplemental Boner, s Per Hour: 07/01/2009 All Apprentice Terms $17.38 4-R(ig.Council Nass/Suff Page 31 Prevailing VVage Rates for 07/01/2009 - 06/30/20t0 Published by the New York State Department ct Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: Tree Trimmer/ Line Clearance Specialist 07/01/2009 $ 26.46 DISTRICT 4 NOTE: This I~ate For Line Clearance Only. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 Tree Tdmmer/ Line Clearance Specialist 20.5% of Hourly Wage Paid'+ $ 5.48 NO'I~.: "Hourly VVage 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 lhe Hourly Rate plus Holiday Pay if Worked !~E[~ i~ti~:i~ir~ ii!i i!i i i iii!i i i::i !i! !!: i i i i! ii :,i :. ::i i iii :-i:. i i i :.ii :. :. :.!i ! !! :.!: i :.! JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: Telephone & Intergrated Tele- Data Sytems Electrician 07/01/2009- 06/01/2010 05/31/2010 $ 33.31 $ 34.22 DISTRICT 4 "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 call Nassau Offices at (516)228-3915 or Suffolk OfFices at (631)687-4882. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009- 06/01/2010 05/31/2010 Electrician 15.5% of Hourly 15.5% of Hourly VVage Paid + V'~age Paid + $14.89 $15.44 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOUDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE 4-25tela JOB DESCRIPTION Electrician DISTRICT 4 Page 32 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Last Published on Mar 01 2010 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: Published by the New York State Department of Labor PRC Number 2010002742 Suffolk County 07/01/2009- 06/01/2010 05/31/2010 Electrcian Electrical Maintenance $ 36.70 $ 37.70 "PLEASE NOTE" Applicablelo"EXlSTING ELECTRICAL SYSTEMS"including, butnollim~edtoTRAFFIC SIGNALS & STREETLIGHTING. Notueed~r addons. ** IMPORTANT NOTICE - EFFECTIVE 04/01/2009 ** Four (4), ten (10) hour days may be worked al straight time during 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 PVV30R; additionally, there must be a dispensation of hours in place on the project. SUPPLEMENTAL BENEFITS Per Hour: Electrcian 12% of Houdy 12% of Hourly Wage Paid + Wage Paid + $14.40 $14.94 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, E2, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Term(s) at the following Percentage of Journeyman(s) Wage: 1st Yr 2nd Yr 3rd Yr 4th Yr 5th Yr 40% 50% 60% 70% 80% Supplemental Benefits per hour Apprentice(s) 12% of Houdy Wage Paid + $12.46 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay 12% of Hourly Wage Paid + $12.65 4-';'5m JOB DESCRIPTION E~ctrician DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07101/2009 Electrician/VVireman $ 45.75 HVAC Controls 45.75 Fire Alarms 45.75 (Iow veil included) Page 33 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department o~ Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County PUMP & TANK WORK Electmian/Wimman $ 35.20 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 ElectmianNVimman (all catagories) 16.0% of Hourly V~ge Paid + $ 22.69 NOTE: "Hourly Wage Paid" shall include any and all premium(s) OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overlime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at lhe following Percetage of Journeyman(s) Wage 1si 2nd 3rd 4th 51h 6th 35% 40% 45% 50% 60% 70% Supplemental Benefits per hour . Apprentice(s) 1st Term 3% of Hourly Wage Paid + $ 4.,54 2nd Term 3%of Hourly Wage PaW + $ 6.79 3rd Term 16.0% of Hourly V~age Paid + $10.21 4th Term 16.0% of Hourly Wage Paid + $11.35 5th Term 16.0% of Hourly Wage Paid + $13.61 6th Term 16.0% of Hourly Wage Paid + $15.88 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay 4-25 ~i~:: :::::::::::::::::::::: ::ii:::::: i i!::i i!i i:::. i ii::i::!:.i i:. ili:.i i:-ii::!: i iiiili:i?, i:.i :::.i :::.::i i~i? i~i ii:. iii !i::!?::il i il ?i il ii il ii i~i i il i ii~iiiii ~i i! i :::.ii:: i ::i::i ::::::::::::::::::::: !i:::: !i ::i::iii::ifiiiiii:::: ~ ~ ~i JOB DESCRIPTION Electrician Lineman ENTIRE COUNTIES Nassau, Queens, Suffolk WAGES For Utilily Distribution & Transmission Line Construclion Per Hour: 07/01/2009- 04/03/2010 04/04/2010 DISTRICT 4 Page 34 Prevailing Wage Rates for 07/01/2009 - 06/3Q/2010 Last Published on Mar 01 2010 Published by the New York State OepaKment o~ Labor PRC Number 2010002742 Suffolk County Lineman/Splicer $ 43.35 $ 45.52 Maredal Man 37.71 39.60 Heavy Equip. Operator 34.68 36.42 Groundman 26.01 27.31 Flagman 1951 20.48 Undergrond Natural Gasline Mechanic (2" or Less) 0710112009- 05/3112010 Journeyman U.G.Mech. $ 35.77 06/01/2010 $ 37.92 ** IMPORTANT NOTICE - EFFECTIVE 04/01/2009 ** Four (4), ten (10) hour days may be worked al straight time during a week, Monday thru Thursday. NOTE - In order to use the '4 Daytl0 Hour Work Schedule,' you must submit an 'Empleyer Registration for Use of 4 Day/10 Hour Work Schedule,' form PVV30R; addilionally, there must be a dispensation of hours in place on lhe projecl. SUPPLEMENTAL BENEFITS Per Hour: Utility Distribution & Transmission Line Construction 07/01/2009- 04/03/2010 04~04/2010 All Classifications 24.5% of Hourly 25% of Hourly VVage Paid + Wage Paid + $ 6.95 $ 7.19 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay Underground Nalural Gas Mechanic Journeyman U.G.Mech. 07/01/2009- 06/01/2010 05/31/2010 $16.57 $17.97 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 al the following Percentage of Journeyman's Wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 60% 65% 70% 75% 80% 85% 90% 4-1049 Line/Gas JOB DESCRIPTION Elevator Constructor DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk PARTIAL COUNTIES Rockland: Entire County except for the Township of Stony Point Page 35 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Last Published on Mar 01 2010 Published by the New York State Department of Labor PRC Number 2010002742 Suffolk County VVestchesler: Entire County except for the Townships of Bedford, Lewisboro, Cortland, Mt. Kisce, North Salem, Pound Ridge, Somers and Yorktown. WAGES Per hour: 07/01/2009- 03/17/2010 03/16/2010 Elevator Constmclor $ 49'.78 $ 51.47 Elevator Mademization & Service/Repair SUPPLEMENTAL BENEFITS Per hour: Elevator Constructor $ 39.65 $ 40.93 07/01/2009- 03/17/2010 03/16/2010 $ 25.12 $ 26.44 Modernization & Service/Repair OVERTIME PAY Constructor. See ( C, O ) on OVERTIME PAGE. Modern./Service See ( B, H ) on OVERTIME PAGE. $ 24.56 $ 25.86 HOLIDAY Paid: See (5, 6, 9, 11, 15, 16, 25) on HOLIDAY PAGE Ovedime: See (5, 6, 9, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES WAGES: Per Hour 07/01/2009- 03/16/2010 One (1) year tem3s at the following Pementage of Elevator Constructor Hourly Rate 1st Term 50% 50% 2nd Term 55% 55% 3rd Term 65% 65% 4th Term 75% 75% Modernization & . Service/Repair: 1si Term 50% 50% 2nd Term 55% 55% 3rd Term 65% 65% 4th Term 75% 75% Supplemental Bener~s per hour paid: Elevator Conslmofor: 1st Term 2nd Term 3rd Term 4th Term Modernization & Service/Repair: 1st Term 2nd Term 3rd Term 4th Term $ 20.04 $20.96 $ 21.88 $ 22.70 $ 20.32 $ 20.66 $ 21.53 $ 22.39 Page 36 03/17/2010 $ 21.55 $ 22.14 $ 23.85 $ 24.05 $ 21.48 $ 21.82 $ 22.72 $ 23.61 9-1 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Last Published on Mar 01 2010 Published by the New York State Department of Labor PRC Number2010002742 Suffolk County JOB DESCRIPTION Glazier ENTIRE COUNTIES DISTRICT 9 Bronx, Dutchese, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulsler, V¥~stchester WAGES Per hour: 07/01/2009- 04/30/2010 Gla~ier $ 46.60 Scaffolding $ 47.60 Repair & Maintenance: 05/01/2010 Additional $ 3.45/hour* Additional $ 3.45/hour* Glazier $ 25.85 *Increase lo be allocated at a laler date Repair & Maintenance- All repair & maintenance work on a particular building, whenever performed, where lhe total cumulative contract value is under $100.000.00. SUPPLEMENTAL BENEFITS Per hour paid: Addifiona I $1.00/hour* Journeyman .... $ 24.69 $14.04 Glazier Repair & Mainlenance**: OVERTIME PAY OVERTIME: See (C*,D*O) on OVERTIME PAGE. * Denotes if an optional 8th hour is required same will be at the regular rate of pay. If 9th hour is worked then both houm or more ( 8th and 9th or mom ) will be at the double time rate of pay. l For Repair & Maintenance see ( B,F, P) on overtime page. OLIDAY Paid: Ovedime: See (1) on HOLIDAY PAGE See (5, 6, 16, 25) on HOLIDAY PAGE The Following are paid holidays for the Repair & Maintenance Class: New Years day, Presidents day, Memorial day, Independents day, Labor day, Thanksgiving day, Day after Thanksgiving, and Christmas day. REGISTERED APPRENTICES V~age per hour: (1) year terms at the following wage rates. 1 si term... $15.65 40% of Joumeymans wage 2nd term... $ 23.33 50% ............. 3rd tern1... $ 28.85 60% ........... 4th term... $ 37.29 80% .......... Supplemental Benefits: (Per hour wo~ed) I SI term .... $11.42 2nd term .... $16.63 3rd term .... $18.24 4th term .... $ 21.47 9-1281 (DC9 NYC) Page 37 Prevailing Vt/age Rates for 07t01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County JOB DESCRIPTION Insulator- Heat & Frost ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per hour: 07/01/2009- 01/06/2010 01/05/2010 Heat, Frost & Asbestos additional Insulator(s) $ 54.51 $ 2.00/hr DISTRICT 9 SHIFT WORK: 2nd Shift: Same wage and regular rate 3rd Shift: 14% premium on wage and benefils SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009- 01/05/2010 01/06/2010 Insulator(s) $ 24.11 OVERTIME PAY See (C, O, V) on OVERTIME PAGE V~age and benefils for 81h Hour to be paid at time and one half HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: Apprentice Insulator(s) 1 yea[ terms at the following percentage of Journeyman's rates. 1 sl 2nd 3rd 4t h 40% 60% 70% 80% $24.11 Supplemenlal Benefits per hour: Apprentice Insulator(s) for Wage of $24.11 9-12 JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Wages: (Per Hour) 07/01t2009 Parle 38 DISTRICT 9 Prevailing V~age Rates for 0710112009 - 06/30J2010 Published by the New York State Department of Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County Structural ..... $ 41.05 Riggers ..... $ 41.05 Machinery Movers ..... $ 41.05 Machinery Erectors ..... $ 41.05 SUPPLEMENTAL BENEFITS Per Hour: 07101/2009 $ 52.50 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 (gth) and tenth (101h) hours of work)and double time shall be paid for all work thereafter. ** Time and one-half shall be paid for all work on Saturday up to eight (8) hours and double time shall be paid for all work thereafler. HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6, 8, 18, 19) on HOLIDAY PAGE REGISTERED APPRENTICES VVages: (Per Hour) Six (6) month lerms at the following wage rate 1st 2nd $21.82 22.42 Supplemental ~enefits: (Per Hour) 3rd 4th 5th 6th 23.02 23.02 23.02 23.02 07/01/2009 $ 37.85 9-40/361-Sir JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Rockland: Southern Section WAGES Per hour: 07/01/2009 DISTRICT 9 Reinforcing & Metal Lathing... $ 49.87 SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 33.01 OVERTIME PAY See (*A, E, Q, **V) on OVERTIME PAGE OVERTIME: See (A*,E,Q,V**) on OVERTIME PAGE. *,** All overtime in excess often (10)hours shall be paid at double wage. Page 39 Prevailing Wage Rates for 07/0t/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County HOLIDAY Paid: Ovedime: REGISTERED APPRENTICES Wage per hour: (1) year terms at the following wage rates; 1st $ 28.55 Supplemental Benefils per hour paid: 1st $ 22.56 See (1) on HOLIDAY PAGE See (5, 6, 8, 11, 13, 18, 19, 25) on HOLIDAY PAGE 2nd 3rd $ 33.15 $ 38.21 2nd 3rd $ 24.21 $ 25.36 9-46Reinf JOB DESCRIPTION Ironwo'rker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2009 DISTRICT 9 Ornamental $ 39.85 Chain Link Fence $ 39.85 Guide Rail Installation $ 39.85 Shift Wad(: Minimum duration of 5 days. Monday thru Fdday: When k, vo or lhree shifts are employed, each shift shall work 7 hour days and be paid for 10 1/2 houm. Shifts not completing the full 7 houm shall be paid 1 1/2 times the straight-tithe rale for the hours werked. Monday thru Fdday: (Guardrail & Sign work only) When two or three shifts are employed, each shift shall work 7 hours and be paid for 9 hours. Shifts not completing the full 7 hours shall be .pa!d at 1 1/2 times the straight rate for hours worked. Saturday, Sunday, Holidays: When two or three shifts are employed, each shift shall work 7 hour days and be paid for 15 3/4 houm. Shifts not completing the full 7 shall be paid 2 1/,4 times the straight-time rate for the hours worked. SUPPLEMENTAL BENEFITS Per hour paid: 07/01/2009 Journeyman: $ 36.17 OVERTIME PAY OVERTIME: See (A*,D1,E**,Q,V) on OVERTIME PAGE. h0u. l *Time and one-half shall be paid for all v,~,rk in excess of seven (7) hours at lhe 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 ali work thereafter. **Time and one-half shall be paid for all work on Salurday up to seven (7) hours and double time shall be paid for all work lbereafter. HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES 1 st term represents first 1-4 months, thereafter (1/2) year terms at the following percentage of Journeyman's wage. APPRENTICES: 1 st 2nd 3rd 4th 5th 6th 50% 50% 55% 60% 70% 80% Supplemental Beneftts per hour paid: Page 40 Prevailing V'~ge Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on Mar01 2010 PRC Number 2010002742 Suffolk County 07/01/2009 APPRENTICES: 1st Term $ 28.69 2nd Term 28.69 3rd Term 29.41 4th Term 30.33 5Ih Term 31.55 6th Term 32.97 9-580-Or JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2009 Derrickman/Rigger $ 52.50 07/01/2010 Additional $1.50- DISTRICT 9 *Increase 1o be allocated at a laler date SUPPLEMENTAL BENEFITS Journeyman 07/01/2009 07/01/2010 OVERTIME PAY OVERTIME $ 27.03 See (A*,D1 ,E**,Q,V) on OVERTIME PAGE. $ 27.03 *-rime and one-half shall be paid for all Work in excess of seven (7) hours at the end of a work day 1o a maximum of two hours on any regular work day (the eighlh (Sth) 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) hours and double lime shall be paid for all work thereafter. HOUDAY 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 performed on this day, except in cases of emergency. Such work shall be done at double lime rate of pay. **Double 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 joumeyman's wage. I si 2nd 3rd 4Ih 5th 6th 50% 50% 70% 80% 90% 90% Supplemental benefits per hour paid: Regislered Apprentice 1st year All others 50% of journeyman's rate 75% of journeyman's rate 9-197D/R Page 41 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County JOB DESCRIPTION Laborer- Building ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: Building Laborer Asbestos Abalement Worker (Re-Roofing see Roofer) 07/01/2009 $ 31.85 $ 31.50 DISTRICT 4 SUPPLEMENTAL BENEFITS Per Hour: Building Laborer Asbestos Worker 07/01/2009 $ 22.51 $11.60 OVERTIME PAY See (A, E, Q) on OVERTIME PAGE HOLIDAY Paid: Soo (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Regular Hours Work Terms (NCt Available for Abatment Work) TERM #1 I hr to 1000hfs TERM #2 lO01hm Io 2000hrs TERM #3 2001hm 1o 300Ohm TERM #4 3001hm 1o 4000hfs Wages per hour: APPRENTICES (Not AIIovced on Abatment Work) TERM #1 $16.00 TERM #2 19,00 TERM #3 21.75 TERM #4 24.50 Supplemental Benefits per hour: APPRENTICES TERM #1 ~ 14.59 TERM #2 16.16 TERM #3 16.92 TERM #4 17.77 4-66 i~!i~':'~l~ '"'~:' '"' i i ! ii ! i i i i i:i :i:::i::~:: :: :i:: :::::: :::: :~:::::::: :: ::::: !!!i!i! iii~ !i!i!.' ": ............ : JOB DESCRIPTION Laborer- Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau. Suffolk WAGES Laborer (Heavy/Highway): GROUP # 1: Asphalt Rakers, Concrete Curb Forrnsetlers. GROUP # 2: Asphall Shovelers, Roller Boys and Tampers. GROUP # 3: Basic Laborer, Power Tool(Jackhammer), Landscape Construction, Traffic Control Personnel(flaggers). WAGES PER HOUR: 07/01/2009 Page 42 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County GROUP # 1 $ 33.89 GROUP # 2 $ 32.94 GROUP # 3 $ 30.05 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 ALL GROUPS $ 24.45 After Fort,/(40)paid Hours in a work Week $15.92 OVERTIME PAY See (B, E2, F) on OVERTIME PAGE NOTE: Premium Pay of 25% of wage for all Straight time hours on all New York State D.O.T. and other Goverment Mandaled Off-Shift Work NOTE: Hazardous Material Werk add an Additional 10% of Houdy Rate HOLIDAY Paid: See (1) on HOLIDAY PAGE Overlime: See (1) on HOLIDAY PAGE REGISTERED APPRENTICES One (1) Year Terms at the following Peceatage of the Journeyman's Wage 1st 2nd 80% 90% Supplemenlal Benefits per hour: APPRENTICES - $ 24.45 After Forty (40)paid Hours in a work Week $15.92 4-1298 JOB DESCRIPTION Mason ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07~)1/2009 BrickJBIocklayer $ 48.50 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 BricldBIock Layer $ 22.04 DISTRICT 9 OVERTIME PAY ' See (A, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overlime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES (800 hour) Terms at the following Percentage of Journeymans VVage: 1si 2nd 3rd 41h 51h 50% 60% 70% 80% 90% Page 43 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on Mar 01 2010 PRC Number 2D10002742 Suffolk County Supplemental Benefits per hour: All Apprentices $13.11 9-1Brk JOB DESCRIPTION Mason - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2009 Building: Tile Finisher $ 37.68 SUPPLEMENTAL BENEFITS Journeyrean $ 21.40 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) ( 750 hour ) terms at the following percentages of joumeyman's wage. 1si 2nd 3rd 4th 5th 6th 7th 8th 50% 55% 65% 70% 75% 85% 90% 95% Supplemenlal Benefits: (per hour paid) (750) hour lerms at the following percentages of journeyman's wage: Apprentices. I st 2nd 3rd 4Ih 5th 6Ih 7th 8th 50% 55% 65% 70% 75% 85% 90% 95% JOB DESCRIPTION Mason - Building ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2009 Building:Marble 'Restoration Marble, Stone, etc & Polisher $ 36.26 Marble, Stone, etc Finishers $18.94 SUPPLEMENTAL BENEFITS Journeyman: 07/01/2009 Polisher $19.80 Finisher 10.47 OVERTIME PAY See (A, E, Q, V) on OVERTIME PAGE HOLIDAY Paid: See (*5, 6, 11, 15) on HOLIDAY PAGE Ovedime: See (5, 6, 11, 15) on HOLIDAY PAGE Page 44 DISTRICT 9 Prevailing V~ge Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County * Journeymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance and 1ST lhree terms of Apprentices see ( 5, 6111, 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: Ist 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: 1~ 2nd 3~ 4th 5th 6th ~h Hours: 1- 751- 1501- 2251- 3001- 3751- 4501- 750 1500 2250 3000 3750 4500 5250 70% 74% 78% 82% 88% 96% 100% Supplememal Benefits: (per hour worked) Polisher: 07/01/2009 Term wage % of $6.50 plus $13.30 Finisher: $10.47 JOB DESCRIPTION Mason - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, ~stshester WAGES Per hour: 07/01/2009 Building: Tile Setters $ 46.83 Shift V~rk: 12:01am Monday- 12:00midnighl Friday $ 58.53 12:01am Saturday- 12:midnight Saturday $ 70.24 12:01am Sunday- 12:00midnight Sunday SUPPLEMENTAL BENEFITS Journeyman: OVERTIME PAY See (A, E, Q, *V) on.OVERTIME PAGE *Applicable to Shift Work ONLY HOLIDAY Paid: $ 93.66 $24.65 See (1) on HOLIDAY PAGE Page 45 Prevailing Wage Rates for 07t01/2009 - 06/30/2010 Last Published on Mar 01 2or0 Overtime: See (5, 6, 8, 10, 11, 15, 16) on HOLIDAY PAGE REGISTERED APPRENTICES V~age per hour: (750 hr)terms al the following wage rates. Term: 1st 2nd 3rd 4th Hours: 1- 751- 1501- 2251- 750 1500 2250 3000 Wages: $22.73 25.18 29.93 32.26 Published by the New York State Department of Labor PRC Number 2010002742 Suffolk County 5th 6th 7th 8th 9th 3001- 3751- 4501- 5251- 6001- 3750 4500 5250 6000 6750 34.72 39.47 41.82 44.10 45.32 Supplemental Beneffis per hour paid: Term: 14 2nd 3rd 4th 5th 6Ih 7Ih 8th 9th Hours: 1- 751- 1501- 2251- 3001- 3751- 4501- 5251- 6001- 750 1500 2250 3000 3750 4500 5250 6000 6750 Supps. $12.00 13.03 15.23 16.37 17.38 19.58 20.70 21.90 24.15 9-7/52 JOB DESCRIPTION Mason - Building ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Wastchester WAGES Building: 07/01/2009 Mosaic & Terrazzo Mechanic $ 42.14 Mosaic & Terrazzo Finisher $ 40.65 SUPPLEMENTAL BENEFITS Journeyman: $ 29.26 DISTRICT 9 OVERTIME PAY See (A, E, Q, V) on OVERTIME PAGE HOUDAY 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) lerms al the following percentage of the Terrazzo Mechanic's wage. 1 si 2nd 3rd 4Ih 5Ih 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) lerms al the following percentage of Terrazzo Mechanic's benefit. 7th 8th 4501- 5251- 5250 6000 90% 95% 14 2nd 3rd 41h 5th 6th ~h 6th 1- 751- 1501- 2251- 3001- 3751- 4501- 5251- 750 1500 2250 3000 3750 4500 5250 6000 50% 55% 65% 70% 75% 85% 90% 95% 9-7/3 JOB DESCRIPTION Mason - Building / Heavy&Highway DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Page 46 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department o~ Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County NOTE: Shall include but not limited to Precasl concrete slabs (London Walks) Marble and Granite pavem 2'x 2' or larger. Per Hour: 07/01/2009 Stone Selter $ 55.34 Stone Tender $ 36.68 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 Stone Setter $ 23.23 Stone Tender $15.28 OVERTIME PAY See (*C, **E, Q) on OVERTIME PAGE * On weekdays the eighth (Sth) and ninth (gih) hours are time and one-half all work thereafter is paid at double the hourly tale. ** The first seven (7) hours on Saturday is paid at time and one-half all work thereafter is paid at double the houdy rate. HOLIDAY Paid: See (8, 25) on HOLIDAY PAGE Ovedime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Per Hour: 07/01/2009 Stone Setter(750 hour) terms at the following wage rate per hour: 1~ 2nd 3rd 4th 5th 6th term term term term term term $27.71 $32.15 $36.58 $41.02 $45.45 $49.89 Supplemental Benef'~s for all terms 0710112009 $14.69 9-1Stn JOB DESCRIPTION Mason - Building / Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westche~ter WAGES Per hour: 07/01/2009 Marble-Finisher $ 41.30 SUPPLEMENTAL BENEFITS Journeyman $ 24.33 OVERTIME PAY See (C, O, V) on OVERTIME PAGE HOLIDAY Paid: See (*2) on HOLIDAY PAGE Ovedimo: See (5, 6, 8, 11, 15, 25) on HOLIDAY PAGE · 1/2 Day for Labor Day, REGISTERED APPRENTICES V~ages: 750 hour terms at lhe following percentage of Journeyman's wage. 1si 2nd 3rd 4th 5Ih 1- 751- 1501- 2251- 3001- 750 1500 2250 3000 3750 Page 47 6th 7th 8th 3751- 4501- 5251- 4500 5250 6000 DISTRICT 9 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the N~w York State Department of Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk COU,l[y 50% 55% 65% ' 70% 75% Supplemental Benefits: 07/01/2009 lsl-6th terms $14.50 + term wage % of $9.83 7th and 8th terms $24.33 85% 90% 95% 9-7/20-MR JOB DESCRIPTION Mason - Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2009 (MASON) Poinler, Cleaner & Caulkers $41.19 DISTRICT 9 SUPPLEMENTAL BENEFITS . Pointer, Cleaners & $ 21.32 Caulkers OVERTIME PAY See (B, E2, H) on OVERTIME PAGE HOMDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (Per hour) One (1) year-terms at the following wage rates. 1st 2nd 3rd 4th 07/01/2009 $ 22.16 $ 25.41 $ 30.14 $ 36.57 Apprentices Supplemental Beneffis: (per hour paid) 07/01/2009 1st 2nd 3rd 4Ih $ 3.15 $ 7.21 $10.21 $10.21 9-1PCC JOB DESCRIPTION Mason - Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2009 DISTRICT 9 Cement Mason $ 47.50 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 Cement Mason $ 26.61 OVERTIME PAY See (D, O, V) on OVERTIME PAGE Page 48 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Publish~ on Mar 01 2010 PRC Number 2010002742 Suffolk County HOUDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6, 8, 11, 13, 25) on HOLIDAY PAGE REGISTERED APPRENTICES ( 1 ) year terms at the following Percentage of Joumeymans V~age. 1st Term 50% 2nd Term 60% 3rd Term 70% Supplemenl Benefils per hour paid: Apprentices: 1si lerm $17.25 2nd term 19.13 3rd tern3 20.99 9-780 JOB DESCRIPTION Operating Engineer- Building ENTIRE COUNTIES Nassau, Suffolk WAGES BUILDING CATEGORIES: DISTRICT 4 CLASS "AA "CRANES: Crane, Truck Crane, Derrick, Dragline, Dredge, Crawler Crane, Tower Crane & Pile Driver. CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry Picker (over 50 Ions), Concrete Pump, Gradall, Grader, Hoist,Loading Machine (10 yds. or more), Milling Machine, Power Winch - Slone Setting/Structural Steel & Truck Mounted, Powerhouse, Road Paver, Scoop-Can~alI-Scraper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (self-propelled), Tank Wk~rk, Tower Crane Engineer. CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Chem/Picker (under 50 Tons), Conveyor-Multi, Dinkey Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine & Front Loader, Mulch Machine (Machine Fed), Power Winches (Not Included in Class "A'~, Asphalt Roller, Hydraulic Pump with Boring Machine, Scoop, Carryall, Scaper, Maintenance Man on Tower Crane, Trenching Machine, Vermeer Cutter, Work Boat. CLASS "C": Curb Machine, Ma!nlenance Engineer (Small Equip. & Well Point), Field Mechanic, Milling Machine (Smell), Pulvi Mixer, Pumps (all), Roller (did), Ridge Cutter, Vac-AII, Shotblaster, Striping Machine, Intedor Hoist, Concrete Finish Machine, ConcreteSpreader, Conveyer, Curing Machine, Hoist (one drum). CLASS "D": Concrete Breaker, Concrete Saw/Cutter, Fork Life or Walk Behind (power operated), Generator, Hydra Hammer, Compactors (mechanical or hand operaled), Pin Puller, Podable Healem, Power Booms, Power Buggies, Pump (double action diaphragm). CLASS "E": Balching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump (gypsum), Pump (single action diaphragm), Stump Chippe~, Track Tamper, Tractor (caterpiller or wheel), Vibrator, Deckhand on Workboat. 07/01,'2009 Class "AA" Cranes: Boom length over 100 feet add $1.00 per hour "150 .... $1.50"" "250" "$2.00"" "350" "$3.00"" $ 55.50 Class "A" *Add $3.50 for Hazardous Waste Work $ 46.04* Class "B" *Add $2.50 for Hazardous Waste Work $ 43.65* Page 49 Prevailing V~age Rates for 07/0112009 - 06/30/2010 Published by the New York State Department of I~abor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County Class "C" $ 42.06' *Add $1.50 for Hazardous Waste Work Class "D" $ 38.85 Class "E" $ 37.24 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 ALL CLASSES $ 28.19 NOTE: Overtime Rate $ 22.85 OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 8,'9, 1~, 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: 07/01/2009 1st Term $ 20.84 2nd Term 21.67 3rdTerm 22.33 Supplemenlal Benefits per hour: APPRENTICES $15.89 Note: OVERTIME AMOUNT 5.85 4-138 JOB DESCRIPTION Operating Engineer-Building/Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2009 Well Ddller $ 30.51 Well Ddller Helper $ 26.83 DISTRICT 4 Hazardous Waste Differential Added to Houdy Wage: Level A $ 3.00 Level B 2.00 Level C 1.00 Moniloi~ng Well Work Add Io Houri'/Wage: Level A $ 3.00 Level B 2.00 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 Page 50 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Last Published on Mar 01 2010 Published by the New York State Depadment of Labor PRC Number 2010002742 Suffolk County Well Ddller VVell Drller Helper (NOTE) OVERTIME PAY See (B, E, G, P) on OVERTIME PAGE HOLIDAY Paid: Overlime: $10% of straight time rate plus $ 9.95 Additional $3.00 for Premium ~me See (5, 6, 16, 23) on HOLIDAY PAGE See (5, 6, 16, 23) on HOLIDAY PAGE 4-138well JOB DESCRIPTION Operating Engineer- Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES ' Party Chief - One who directs a survey pady Instrument Man - One who mos the instrument and assists Party Chief Rodman - One who holds the rod and in general, assists the survey party Categories cover GPS & Under Ground Sun/eying DISTRICT 4 Per Hour: 07/01/2009 Heavy Highway/Building Parly Chief $ 5290 Instrument Man 39.64 Rodman 34.84 Steel Erection Parly Chief $ 53.26 Instrument Man 41.77 Rodman 28.43 SUPPLEMENTAL BENEFITS Per Hour: 0710112009 Heavy Highway/Building $ 24.20 Steel Erection $ 24.20 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, 25) on HOLIDAY PAGE Ovedime: See (5, 6, 8, 11, 12, 15, 25) on HOLIDAY PAGE 4-15D-N/S co. JOB DESCRIPTION Operating Engineer - Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES HEAVY/HIGHWAY CATEGORIES: CLASS "AA" CRANES: Crane, Truck Crane, Derdck, Dragline, Dredge, Crawler Crane, Tower Crane, Pile Driver. CI_/~SS "A": Page 51 Prevailing VVage Rat~s for 07)01/2009 - 06/30/2010 Last Published on Mar 01 2010 Published by the New York State Department of Labor PRC Number 2010002742 Suffolk County Asphalt Spreader, Backhoe Crawler, Boiler Chem/picker (over 50 tons), Concrele Pump, Grader, Gradall, Hoist Loading Machine 10 yds. or more), Milling Machine, Power Winch-Stone Sefting/Structural Steel or Truck Mounted, Powerhouse, Road Paver, Scoop-CarryalI-Scaper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (self propelled), Tank Workl Track Alignmenl Machine. CLASS "B": Backhoe, Boom Truck, Bulldozer, Bering 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 with Boring Machine, Scoop, Carryall, Scaper, Maintenance Man on Tower Crane, Trenching Machine, Vermeer Cutler, Work Boat. CL/~S "C": Curb Machine, Maintenance Engineer (Small Equip. & Wall Point), Field Mechanic, Milling Machine (Small), Pulvi-Mixer, Pumps, Roller (Dirt), Vac-AII, Welding/Burning, Compressor (Structural Steel & 2 or more Batteries), Concrete Finish Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (One Drum), Ridge Cutler, Sldping Machine, Welding Machine (structural Steel & Pile Work). CLASS "D": Compressor (Pile,Crane,Slone Setting), Concrete Saw Cutter/Breaker, Work Lift (Walk Behind,Power Operated), Generator (Pile Work),Hydra Hammer, Hand Operaled ComPactor, Pin Puller, Portable Heater, Powered Broom/Buggy/Grinder, Pump (Single Aclion-1 to 3 Inches/Gypsum/Double Action Diaphragm), Hand Trenching Machine, welding Machine. CLASS "E": Batching Plant, Generator, Gdnder, Mixer, Mulching Machine, Oiler, Pump (Centrifugal up to 3 In.), Root Cutler, Stump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand on Work Boat. 07/01/2009 Class "AA" Cranes: Boom Length over 100 feet add $1.00 per hour "150 .... $1.50 .... "250 .... $ 2.00 .... "350 .... $ 3.00"" $ 54.85 Class "A" *Add $3.50 for Hazardous Waste Work. $ 48.47* Class "B" *Add $2.50 for Hazardous Waste ~/Vork. $ 45.24' Class "C" *.Add $1.50 for Hazardous Waste Work $ 43.61' Class "D" $ 40.33 Class "E" $ 38.71 "NOTE": PREMIUM PAY of 25% on straight time hours for NEW YORK STATE- D.O.T. and other GOVERNMENTAL MANDA'TED off-shift work. SUPPLEMENTAL BENEFITS Per Hour: 07101/2009 ALL CLASSES $ 28.44 Note: OVERTIME AMOUNT $ 22.85 OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See ~, 6, 8, 9, 15, 25) on HOLIDAY PAGE Overtime: See to, 6, 8, 9, 15) on HOLIDAY PAGE "NOTE": Employee must be employed day before and day after a holiday to receive holiday pay. REGISTERED APPRENTICES One(l) Year Terms at the following Rate: 1st Term $ 20.84 2nd Term 21.67 3rd Term 22.33 Page 52 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Last Published on Mar 01 2010 Published by the New York State Department of Labor PRC Number 2010002742 Suffolk County APPRENTICES $15.89 Note: OVERTIME AMOUNT 5.85 4-138 JOB DESCRIPTION Operating Engineer-Marine Construction DISTRICT 4 ENTIRE COUNTIES Albany, Allegany, Bronx, Bmome, Caltaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinlon, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamillon, Herkimer, Jefferson, Kings, Lewis, Livingslon, Madison, Monroe,. Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Onfario, Orange, Orleans, Oswego, Oisego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullk, an, Tioga, Tompkins, Ulsler, Warren, Washington, V~yne, Westchester, VVyoming, Yales WAGES Per Hour: DREDGING OPERA~ONS 07/01/2009 CLASS A Operator, Leverman, Lead Dredgeman CLASS A1 Dozer, Front Loader Operator CLASS B Spider/Spill Barge Operator, Tug Operator(overl000hp), Operatorll, Fill Placer, Derrick Operator, Engineer, Chief Mate, Electrician, Chief Welder, Maintenance Engineer $ 32.89 To Confon'n Io Operating Engineer Prevailing Wage in Locality where Work is being Performed including Benefils. $ 28.49 Cedified Welder, $ 26.84 Boal Operator(licensed) CLASS C Drag Barge Operator, $ 26.14 Steward, Mate, Assistant Fill Placer, Welder (please add) $ 0.06 Boat Operator $ 25.29 CLASS' D Shoreman, Deckhand, $ 21.09 Rodman, Scowman, Cook, Messman, Porter/Janitor Oiler(please add) $ 0.09 SUPPLEMENTAL BENEFITS Per Hour: THE FOLLOWING SUPPLEMENTAL BENEFITS APPLY TO ALL CATEGORIES 07~1~009 All Classes A & B (ovedime hours add) $ 8.05 plu~ 7% of straighl time wage $ 0.63 Page 53 Prevailing V~ge Rates for 07/01/2009 - 06/30/2010 Last Published on Mar 01 2010 Published by the New York State Department of Labor PRC Number 2010002742 Suffolk County All Class C (ovedime hours add) $ 7.75 plus 7% of straight tirae wage $ 0.48 All Class D (ovedirae hours add) OVERTIME PAY See (B, F, R) on OVERTIME PAGE HOLIDAY $ 7.45 plus 7% of slraight lime wage $ 0.23 Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6, 8, 15, 26) gn HOLIDAY PAGE 4-25a-MarConst :~eral~lng:Engmee[:~:~renchl~ss:l~lpe:R~J;abi:i::::: ::~:::: ::: ::: ::::: :i i:i~i:i:: : :?:::!iii: JOB DESCRIPTION Operating Engineer - Trenchless Pipe Rehab ENTIRE COUNTIES Nassau, Suffolk WAGES DISTRICT 4 . IMPORTANT NOTE: Rates posled apply to Nassau and Suffolk counties only. Per Hour: 07/01/2009 DSET/DSSET Operalor $ 31.50 Robotic Unit Operator 31.50 DDCC Injection Operator 31.50 Technician/Equipment Operator 27.00 AM Liner/Hydra Seal Installer 27.00 Hobas Pipe, Polyethyene Pipe or Pull and Inflate Liner Inst. 27.00 SUPPLEMENTAL BENEFITS Per Hour Worked All Classifacations $11.34 OVERTIME PAY See (B, H) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Al One Year Terms (Per Hour) First Year Second Year ThirdYear Fou~h Year $16.00 16.75 17.25 18.00 Pane 54 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Last Published on Mar 01 2010 Published by the New York State Department o~ Labor PRC Number 2010002742 SuffolkCounty Supplemental Ben if'd (Per Hour Worked) All Terms $11.34 4-138TmhPReh JOB DESCRIPTION Painter ENTIRE COUNTIES Nassau, Suffolk WAGES Per hour: 07/0112009 D~/wall Taper $ 35.00 SUPPLEMENTAL BENEFITS Per hour worked: Journeyman $ 23.14 OVERTIME PAY See (A, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (4, 5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages(per Hour) 07/01/2009 DISTRICT 9 1~ Year $13.25 2nd Year 17.50 3rd Year 21.00 4th Year ' 28.00 Suppemental Benefits: (perHou~ 1~ year $10.27 2nd Year 13.50 3~ year 16.26 4th year 21.34 9-NYDCT9-DW'F JOB DESCRIPTION Painter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Weslchester WAGES (Per hour) 07/01/2009 Brush / Taper $ 35.00 Spray & Scaffold 38.00 Fire Escape 38.00 Decorator 38.00 PaperhangerANall Coverer 36.83 SUPPLEMENTAL BENEFITS ( per hour worked ) 07/01/2009 Paperhanger $ 27.25 All others 23.14 OVERTIME PAY See (A, H) on OVERTIME PAGE HOUDAY Page 55 DISTRICT 9 Prevailing VVage Rates for 07/01/2009 - 06/30/2010 Last Published on Mar01 2010 published by the New York State Department of Labor PR(; Number 2010002742 Suffolk County Paid: See (1) on HOLIDAY PAGE Ovedime: 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 term... 28.00 Spplemental benefis: (per Hour worked) Appr 1st term... $10.27 Appr 2nd term... 13.50 Appr 3rd term... 16.26 Appr 4th term... 21.34 9-NYDC9-B/S JOB DESCRIPTION Painter-Bridge&StructuralSleel DISTRICT 9 ENTIRE COUNTIES Albany, Bronx, Clinlon, Columbia, Dulchess, Essex, Franklin, Fulton, Greene, Ham Itoh, K ngs, Montgomery, Nassau, New York, Orange, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Suffolk, Sullivan, Ulster, Warren, Washington, Westchesler WAGES (Per Ho ur Worked) 07/01/2009 10/01/2009 t 0/01/2010 STEEL: Bridge Painting $ 45.25 $ 45.50 $ 46.25 Power Tool/Spray $ 51.25 $ 51.50 $ 52.25 Shift Work: Where project specifications and/or contract provide for night work oulside the regular hours of work, and said night work is performed on a second shift, which is separate from the first crew, the night shift employees shall be paid an additional 10% of the regular wage up to seven (7) hours, after which they shall be paid at time and one half lhe regular wage. If only a night shift is employed, the employees shall be paid at time and one half. Note: For Bddge Painting Contracts, ALL V~X)RKERS on and off the bddge (including Flagmen) are to be paid Painter's Rate; the contract musl be ONLY for Bridge Painting. SUPPLEMENTAL BENEFITS Per Hour Worked: Hourly Rate after 40 hours from May ls~ to Nov. 151h Hourly Rale after 50 hours from Nov. 16th to April 30th 0710112009 10/01/2009 10/01/2010 $ 28.31' $ 29.90* $ 31.04' $ 28.31'* $ 29.90** $ 31.04'* $5.00 only $6.00 only $6.75 only $5.00 only $6.00 only $6.75 only *For the period of May 1st to November 151h: This rate shall be paid up to maximun of foriy (40) hours worked per week. For all hours exceeding 40, lhe hourly rate shall drop to the houdy rate shown above by date. EXCEPT for the first and last week of employment on the project, and for the weeks of Memorial Day, Independence Day and Labor Day, this rule shall be paid for lhe aofual number of hours worked. **For the period of November 161h lo April 30th: This rate shall be paid up 1o a maximun of f'a~y (50) hours woYked per week. For all hours exceeding 50, the hourly rate shall drop to the hourly rate shown above by date. OVERTIME PAY See (A, F, R) on OVERTIME PAGE Page 56 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Last Published on Mar 01 2010 Published by the New York State Department of Labor PRC Number 2010002742 Suffolk County *Note: When calculating overtime pay for the Power Tool/Spray classification, add Six dollam to the hourly ovedime tale calculated for the "Bridge Painting" classification. HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (4, 6) on HOLIDAY PAGE REGISTERED APPRENTICES (wage per hour Whrked): (1) year terms at the following pementage of Journeyman's wage. Apprentices: . 1st 2nd 07/01/2009 40% 60% Supplemental Benefils: 1st Term: Same as Journeyman excluding the addilional $5.00 per hour paid. 2nd and 3rd term: Same as Journeyman 3rd 80% 9-DC-9/806/155-BrSS JOB DESCRIPTION Painter- Line Striping DISTRICT 9 ENTIRE COUNTIES Albany, Bronx, Clinton, Columbia, Dutchees, Essex, Franklin, Fulton, Greene, Hamilton, Kings, Montgomery, Nassau, New York, Orange, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Scheneclady, Schoharie, Suffolk, Sullivan, Ulster, Warren, Washington, V~stchester WAGES Per hour: Painter (St dping-Hig hway): 07/01/2009 Striping-Machine Operalar* Linerman Thermoplastic 25.53 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 protectien of Irafflc safety SUPPLEMENTAL BENEFITS Per hour paid: Journeyman: OVERTIME PAY See (B, E, P, S) on OVERTIME PAGE HOLIDAY Paid: Ovedime: 07/01/2009 $ 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-SA/28A-LS JOB DESCRIPTION Painter- Metal Polisher DISTRICT 9 ENTIRE COUNTIES Albany, Allegany, Bronx, Breeme, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinlon, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fullon, Geneaee, Greene, Hamillon, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Mooroe, 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, ~oga, Tompkins, Ulsler, Warren, Washinglon, Wayne, Westchester, Wyoming, Yales WAGES 07/01/2009 Metal Polisher $ 24.85* *Note: All workers 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 slanding scaffolds while working more lhan 34 feet offthe ground. Such premium are 1o be paid aa top of their s~raight time or ovedime, whichever is applicable. This also applies to employees erecting scaffolding. SUPPLEMENTAL BENEFITS Page 57 Prevailing V~,~ge Rates for 07/01/2009 - 06/30/2010 Last Published on Mar 01 2010 Published by the New York State Department of Labor PRC Number 2010002742 Suffolk County Per Hour: 07/01/2009 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 Overlime: See (5, 6, 9, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES 55% of Basic Polisher Rate 9-SN28A-MP JOB DESCRIPTION Plasterer ENTIRE COUNTIES Kings, Nassau, Queens, Suffolk PARTIAL COUNTIES New York: Includes work in all Islands in New York Cily, except Manhattan. WAGES Per hour: 07/01/2009 Building: Pla sterer/Traditlana I $ 35.53 SUPPLEMENTAL BENEFITS Per hour worked: Journeyman $ 21.80 DISTRICT 9 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 V~ages: (per hour) ( 1 ) year terms at the following % journeyman's wage rate. First year: 1st 6 months 2nd 6 months 40% 45% Second year: 1st 6 months 2nd 6 months 55% 60% Third year. 1st 6 months 2nd 6 months 70% 75% Supplemental Benef-ds: (per hour paid): (1) year term broken down inlo six month periods: 1 st year: 1si six months $ 8.37 2nd six months 9.35 3rd six months 11.35 4th six months 12.33 5th six months 14.33 6th six months 15.33 9-530-Z1 ~i~: ~ :.:: :.:.:.:.:.::.::: :.: :~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: . : .::: ::::::::::::::::::::::::::::::::::::: ~:.: :i::~:: :::: ::: ::: ::: ================================================================= :::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: i ~:t~1~0 ~ JOB DESCRIPTION Plumber Page 58 DISTRICT 4 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Last Published on 1~4ar 01 2010 Published by the New York State Depadment o¢ Labor PRC Number 2010002742 Suffolk County ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2009- 05/01/2010 04/30/2010 Plumber/ PUMP & TANK $ 42.24 $ 42.49 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009- 05/01/2010 04/3012010 Plumber $19.57 $ 20.82 OVERTIME PAY See (B, N, V) on OVERTIME PAGE (V) Sunday & Holidays Only. HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at the Following Wage Per Hour: 07/01/2009- 05/01/2010 04/30/2010 1st Term $ 9.77 $ 9.85 2nd Term 15.37 15.47 3rd Term 20.96 21.09 4th Tem~ 26.60 26.95 Supplemental Benet-ds per hour: 1si Term $ 8.39 $ 9.69 2nd Term 8.89 10.29 3rd Term 9.39 10.89 4th Term 9.64 11.24 4-200 Pump & Tank JOB DESCRIPTION Plumber DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 05/01/2010 07/01/2009- 04/31/2010 Plumber MAINTENANCE ONLY $ 28.07 $ 29.46 (NOTE) Maintenance: Correction of pmblem(s)with the existing fixture or group of fixtures, preventive repairs or servicing of said fixlures. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009- 05/01/2010 04/31/2010 Plumber $ 9.40 $ 9.65 Page 59 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department ~ Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County 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: 07/01/2009- 05/01/2010 04/31/2010 lsl term $14.29 $15.00 2nd term $15.38 $16.15 3rd term $16.53 $17,35 4th term $17,72 $18.61 5th term $18.96 $19.91 SUPPLEMENTS PERHOUR lslterm $ 7.90 $ 8.19 2ndterm $ 7.90 $ 8.19 3rdterm $ 7.90 $ 8.19 4thterm $ 7.90 $ 8.19 5thterm $ 7.90 $ 8.19 4-200 Maintance JOB DESCRIPTION Plumber ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: Plumber 07/01/2009- 04/30/2010 $47.73 05/01/2010 $ 47.73 DISTRICT 4 SUPPLEMENTAL BENEFITS Per Hour: Plumber $ 26.68 $ 27.93 OVERTIME PAY See (A, O, V) on OVERTIME PAGE CODE "V" is only far SUNDAYS and HOLIDAYS WORKED HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at the following percentage of Plumbers Rate: 1st Term 2nd Term. 3rd Term 4th Term 5th Term 30% 40% 50% 60% 70% Supplemenlal Bene0ts per hour: 07/01/2009- 04/30/2010 05/01/2010 Page 60 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Last Published on Mar 01 2010 Published by the New York State Department of Labor PRC Number 2010002742 Suffolk County 1st Term $13.37 $14.62 2nd Term 15.75 16.63 3rd Term 17.11 18.26 4lb Term 18.63 19.78 5th Term 20.21 21.36 4-200 JOB DESCRIPTION Roofer ENTIRE COUNTIES Nassau, Suffolk WAGES Rate Per Hour 07101/2009 DISTRICT 4 RooferNVaterproofer $ 37,50 . SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 RooferNVaterproofer $ 25.37 OVERTIME PAY Per Hour: NEW ROOF SEE (B,E,Q) RE-ROOF SEE (B,E,E2,Q) HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 13, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES (1) Year terms ~1 the following pecentage of Roofers/Vgaterpmufers V~ge 1st 2nd 3rd 41h 40% 50% 70% 80% Supplemental Benef~s per hour: 1st Term $ 2.00 2nd Tei'm 6.33 3rd Term 14.67 4th Term 19.96 4-154 JOB DESCRIPTION Sheelmelal V~rker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2009 Sheelmetal Worker $ 45.40 DISTRICT 4 Page 61 Prevailing V~ge Rates fo~ 07/01/2009 - 06/30/2010 Last Published on Mar 01 2010 Published by the New York State Department ~ Labor PRC Number 2010002742 SulfolkCounty For Temporary Operation or Maintenance of Fans is 80% of Above Wage Rate SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 Sheetmetal Worker $ 35.18 OVERTIME PAY See (A, O) on OVERTIME PAGE For Fan Maintenance See Codes B & O HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Per Hour: (1/2) Year Terms at the following percentage of journeyman's hourly wage: lsl 2nd 3rd 30% 35% 40% 4th 45% 5th 6th 7th 8th 50% 55% 60% 70% Supplemental Benefits per hour; 1st Term $14.56 2nd Term 16.32 3rd Term 1792 4th Term 19.50 5th Term 21.07 6th Term 22.53 7th Term 24.44 8th Term 28.13 JOB DESCRIPTION SheetmetalWorker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, V'~stchester WAGES Per Hour: 07/01/2009 DISTRICT 9 SIGN ERECTOR $39.70 *NOTE: Overhead Highway Signs and Structurally Supported Signs (See IRON WORKER CLASS) SUPPLEMENTAL BENEFITS PER HOUR 07/01/2009 $26.27 OVERTIME PAY See (A, F, S) on OVERTIME PAGE HOUDAY Paid: See (5, 6, 11, 12, 16, 25)'ce HOLIDAY PAGE Page 62 Prevailing Wage Rates for 07/01/2009 - 06/30J2010 Published by the New York State Department of Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County Ovedime: REGISTERED APPRENTICES V~age per hour: 07/01/2009 Half (1/2) year terms at the following rate(s): 1st 2nd 35% 40% See (5, 6, 10, 11, 12, 16, 25)'on HOLIDAY PAGE 3rd 45% 4th 50% 5th 55% 6th 7th 8th 9th 10th 60% 65% 70% 75% 60% Supplemental Beneffis per hour paid: Half (1/2) year terms at the following dollar amount 07/01/2009 1st $7.21 2nd $8.17 3rd $9.14 4th $10.10 5th $13.58 6Ih $15.41 7th $16.65 8th $1 7.92 9th $19.59 101h $21.19 9-137-SE JOB DESCRIPTION Steamfitter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour 07/01/2009- 12129/2009 1213012009 Steam Fitter $ 48.90 *Additional $ 2.50/Hr Sprinkler Fitter 48.90 *Additional $ 2.50/Hr $ 37.16 *Additional $ 2,50/Hr For Work on Temporary Heat & Air Conditioning *Increase to be allocated at a later date. SUPPLEMENTAL BENEFITS Per Hour Steamfitter $ 41.56 Sprinkler Fitter 41.56 DISTRICT 9 (For Work on Temporary $ 33.47 Heat & Air conditioning). 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 Page 63 Prevailing Wage Rates for 07t01/2009 - 06/30/2010 Published by the New York State Department o¢ Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES V~ges per hour worked: ( 1 ) year terms at the following pementage of Journeyman's wage. Apprentices: 1st 2nd 3rd 40% 50% 65% Suppelmenlal Benefits: (1) year term at lhe following dollar amounts: Apprentices: 1 st 4th 5th 80% 85% 07101/2009 '$17.17 2nd 3rd 4th 5Ih $21.24 $27.34 $33.43 $35.47 9-638A-StmSpFtr JOB DESCRIPTION Steamrdter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: Steamfitt er//Vlainlenance & AC Service Work 07/01/2009- 01/01/2010 12/31/2009 $ 34.55 *Additional $1.00/Hr. DISTRICT 9 Refrigeration, NC, Oil Bumer and Stoker Service and Repair. Refrigeration Compressor installation up to 5hp (combined). Air Condition / Heating Compressor installalion up to 10hp (combined). *Increase 1o be allocaled at a later date SUPPLEMENTAL BENEFITS Per Hour Stean~fifler/Maintenance & AC Service V~k)rk $10.52 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. Ovedime:..,. *(2,6,9, 15, 17) ** ( 10, 11, 26, Memorial Day ) 9-638B-StmFtrRef JOB DESCRIPTION Survey Crew Consulling DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, VVestchester PARTIAL COUNTIES Dutchess: Oflly the podion south of the north city line in Poughkeepsie. WAGES Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a Consulting Engineer agreement. Categories cover GPS & underground surveying. Page 64 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County WAGES; (per hour) Survey Rales: 07/01/2009 Party Chief ..... $ 33.70 Instrumenl Man** $ 28.38 Rodman .......... $ 25.02 SUPPLEMENTAL BENEFITS Per Hour Alt Crew Members: $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, 1'~, 16) on HOLIDAY PAGE Overtime: See (5, 6, 7, 11, 16) on HOLIDAY PAGE 9-15dconsu~ JOB DESCRIPTION Teamster-Asphalt Deliven/ ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2009 DISTRICT 4 Heavy Construction Work: Shall include the supply of Asphalt for construction, improvement and modification of all or any part of Streets, Highways, Bridges, Tunnels,Railroads, Canals, Dams, Airports, Schools, Power Generation Plants. "TRUCK DRIVER" Asphalt Delivery $ 33.90 bight Construction Work: Shall include the supply of Asphalt for construction of Single & Multi Family Homes, Town Houses, Apartment Buildings, including Driveways, Streets and Curbs within thoge projects. Parking Lots, Offica Buildings. "TRUCK DRIVEt~" Asphalt Delivery SUPPLEMENTAL BENEFITS Per Hour: "H~avy Construction Work" "TRUCK DRIVER" Asphalt Delivery $ 20.00 07/01/2009 $ 30.87 "Light Construction Work" "TRUCK DRIVER" Asphalt Delivery $13.75 OVERTIME PAY See (B, *B2, E, ~*l, P, ***R, ****U) on OVERTIME PAGE (NOTE) PREMIUM PAY of 25% on straight time hours for New York Slate QO.T. and or olher GOVERNMENTAL MANDATED off shift work. NOTE: (B,E,P,T&*U) Apply to Heavy Construction. NOTE: (B2,1,T&*U)Apply to Light Construction. Page 65 Prevailing Wage Rates for 07t01/2009 - 06/30/2010 Published by the New York State Department ~ Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County NOTE: (*U) Only applies after 8 hours worked on holiday. HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6, '16, **25) on HOLIDAY PAGE . NOTE:(*16) Paid at Double if Worked. (**25) Paid at Double if Worked. 4-282 AD JOB DESCRIPTION Teamster - Building ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2009- 06/30/2010 Truck Driver (Building Demolition & Debds) Trailers $ 28.85 Straight Jobs 28.55 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009- 06/30/2010 07/01/2010 $ 29.85 29.55 07/01/2010 DISTRICT 4 All Classifications $ 23.15 $ 24.35 OVERTIME PAY See (B, L, S, S1) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 7, 8, 11, 12, 26) on HOLIDAY PAGE 4-282 i:!:i i i i!! i i:iii ! ;: i: :i: : : :!: ? :i: :? :::::: ::::::::::: JOB DESCRIPTION Teamster - Delivery of Concrete ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2009 DISTRICT 4 "TRUCK DRIVER" Concrete Delivery $ 35.51 Ligh! Denslruetion Work: Shall include the supply of Really-Mix Concrete for construction of Single & Multi Family Homes, Town Houses, Apartment Buildings, including Driveways, Streets and Curbs within those pmjecls. Parking Lots and Office Buildings. "TRUCK DRIVER" Concrete Delivery SUPPLEMENTAL BENEFITS Per Hour: 'Heavy Construction V~rk' Concrete Delivery "Light Construction ~'~rk" 23.00 07/01/2009 28.45 Page 66 Heavy Construction Work: Shall Include the supply of Ready-Mix Concrete for construction, improvmeet and modification of all or any parl of Streets, Highways, Bridges, Tunnels, Railroads, Canals, Dams, Airpods, Schoels & Power Generetion Plants Prevailing V~age Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County Concrete Delivery $14.50 OVERTIME PAY See (B, E, *1, P) on OVERTIME PAGE NOTE: (B,E & P) Apply only to Heavy Constmcllen Work. (*1) Applies only to Light Construction V~rk. HOLIDAY Paid: Soo (1) on HOLIDAY PAGE Overtime: See (5, 6, '16, **25) on HOLIDAY PAGE NOTE:(*16) Paid at Double if Worked. (**25) Paid at Double ~f Worked. 4-282ns JOB DESCRIPTION Teamster- Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2009- 06/30/2010 Truck DrivedChauffer (Debds Removal) Trailers $ 28.85 Straight Jobs $ 28.55 SUPPLEMENTAL RENEFITS Per Hour: 07f01/2009- 06/30/2010 07/01/2010 $ 29.85 $ 29.55 07/01/2010 DISTRICT 4 All Classifications $ 23.15 $ 24.35 OVERTIME PAY See (B, L, S, S1) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 7, 8, 11, 12, 26) on HOLIDAY PAGE 4-282 JOB DESCRIPTION Teamster-Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2009 DISTRICT 4 Heavy Constmctlen ~,~,rk: Shall include the construction, improvement or modiflealion of all or any part of streets, highways, Bridges, Tunnels, Railroads, Canals, Dams, Airports, Schools, Power Generation Plants. Site Excavating (Chauffeurs) $ 33.90 Light Construction Work: Shall include the conslnJction, improvment and modification of Single & Multi Family Homes, Town Houses, Apartment Buildings, including driveways, Streets and Curbs within those projects. Parking Lots and Office Buildings. Site Excavating (Chauffeurs) $ 20.00 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 Heavy Conslmction V~,rk Chauffeurs $ 30.87 Paae 67 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on Mar 01 2010 PRC Number 2010002742 Suffolk County Lighl Construction Work Chauffers $13.75 OVERTIME PAY See (B, *B2, E, **1, P, *'~R, '*'~U) on OVERTIME PAGE (NOTE) PREMIUM PAY of 25% on straight time hours for NEW YORK STATE D.O.T. and or other GOVERMENTAL MANDATED off shift work. NOTE: (B,E,P,T & *U) Apply to Heavy Construction. NOTE: (B2,I,T & *U) Apply to Light Construction. NOTE: (*U) Only applies after 8 hours work on holiday HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, '16, **25) on HOLIDAY PAGE NOTE:(*16) Paid at Double if Warked. (**25) Paid at Double if Worked. 4-282 JOB DESCRIPTION Welder DISTRICT 1 ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Caftaraugus, Cayuga, Chautauqua, Chemung Chenango, Clinton, Columbia, Cortland, De aware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingslon, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Reeseelaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, V~/oming, Yates WAGES Per hour 07/01/2009 Welder (To be paid lhe same rate of the mechanic performing Ihe work) OVERTIME PAY HOLIDAY 1-As Per Trade PaGe 68 Prevailing V~ge Rates for 07/01/2009 - 06/30/2010 Last Published on Mar 01 2010 Published by the New York State Department of Labor PRC Number 2010002[42 Overtime Codes Following is an explanation of the code(s) listed in the OVERTIME section of each class~ication contained in lhe attached schedule. Additional requirements may also be listed in lhe HOLIDAY section. (A) (AA) (B) (81) (82) (C) (C1) (D) (D1) (E) (El) (E3) (E2) (E4) (F) (H) (~) (J) (K (L (M (N (o (P (Q (R (S (Sl (T) Time and one half of the hourly rate after 7 houm per day Time and one half of the hourly rate after 7 and one half hours per day Time and one half of lhe hourly rate after 8 hours per day Time and one half of lhe hourly rate for the 9th & 10th hours week days and the 1st 8 hours on Saturday. Double the hourly rate for all additional hours Time and one half of the hourly rate after 40 hours per week Double the houri,/rate after 7 hours per day Double the houri,/rate after 7 and one half hours per day Double the hourly rate after 8 hours per day Double the hourly tale after 9 hours per day Time and one half of lhe hourly rate on Saturday Time and one half 1st 4 hours on Saturday Double the beudy 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 dudng lhat 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 straighl time when a day is lost during lhat 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 wealber Time and one half of Ibe hourly rate on Saturday and Sunday Time and one half of lhe hourly rate on Saturday and Holidays Time and one half of lbe hourly rate on Saturday, Sunday, and Holidays Time and one half of lhe houHy rate on Sunday Time and one half of the hourly rate on Sunday and Holidays Time and one half of the hourly rate on Holidays Double the hourly rate on Saturday Double the hourly rale on Saturday and Sunday Double the hourly rale on Saturday and Holidays Double the hourly rale on Saturday, Sunday, and Holidays Double the hourly rate on Sunday Double the hourly rale on Sunday and Holidays Double the hourly rale on Holidays Two and one half times the houdy rate for Holiday~, if worked Two and one half times the hourly rate the first 8 hours on Sunday or Holidays One and one half times the hourly rate all additional hours. Triple the hourly rate for Holidays, if worked Page 69 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on Mar 01 2010 ,PRC Number 2010002742 ( U ) Four times the hourly [ale for Holidays, if worked (V) Including benefits at SAME PREMIUM as shown for ovedime (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 70 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Last Published on Mar 01 2010 Published by the New York State Department of Labor PRC Number 2010002742 Holiday Codes PAiD Holidays: Paid Holidays are days for wh ch an eligible employee receives a regular day's pay but is not required to perform work. If an employee works on a day lister~ as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. OVERTIME Holiday Pay: Ovedime holiday pay is the premium pay that is reguired for work performed on specified holida.y,,s. It is only required where the employee actua ly performs work on such holidays. The apphcable holidays are listed under HOLIDAYS: uVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained in lhe attached schedule. The Holidays as listed below are to be paid al the wage rates at which the employee is normally classified. (1 (2 (3 (4 (5 (6 (7 (8 (9) (10) (11) (12) (13) (14) i15) (16) (17) (20) (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, Thanksgiving, and Christmas Lincoln's Birthday, Washington's Birthday, and Veterans Day Geed Friday Lincoln's Birthday Washin¢on's Birthday Columbus Day Election Day Presidential Election Day 1/2 Day on Presidential Election Day Veterans Day Day after Thanksgiving July 4th 1/2 Day before Christmas 1/2 Day before NewYears Thanksgiving New Year's Day Christmas Day before Christmas Day before New Year's Presidents' Day Martin Luther King, Jr. Day Page 71 BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION: REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Fax (518) 485-1870 or mail this form for new schedules or for determination for additional occupations. THIS FORM MUST BE TYPED SUBMITTED BY: [] CONTRACTING AGENCY (CHECK ONE) [] ARCHITECT OR ENGINEERING FIRM [] PUBLIC WORK DISTRICT OFFICE DATE: A. PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertaining to Contracting Agency) 1. Name and complete address ( [] check if newor change): Telephone: ( ) Fax: 2. NY State Units (see Item 5) E-Matt: SEND REPLY TO ![] check if new or change) Na me and complete address: Telephone: ( ) Fax: ( ) E-Math B. PROJECT PARTICULARS Project Title Description of Work Contract Identification Number Nnte: For NYS units, the OSC Contract No. 7. Nature of Project - Check One: [] 1. New Buildin~q [] 2. Addition to Existing Structure [] 3. Heavy and Highway Construction (New and Repair) [] 4. New Sewer or Waterline [] 5. Other New Construction (Explain) [] 6. Other Reconstruction, Maintenance, Repair or Alteration [] 7. Demolition [] 8. Building Service Contract 9. Name and Title of Requester [] 01 DOT [] 02 OGS [] 03 Dormitory Authority [] 04 State University Construction Fund [] 05 SUNY/Colleges [] 06 Mental Hygiene Facilities Corp. [] 07 OTHER N Y STATE UNIT [] O8 City [] 09 Locat School District [] 10 Special Local District, i.e., Fire, Sewer, Water District [] 11 Village [] 12 Town [] 13 County [] 14 Other Non-N Y State (Describe) 4. SERVICE REQUIRED, Check appropriate box and provide project information [] New Schedule of Wages and, Supplements. IAPPROXIMATE BID DATE: [] Additional Occupation and/or Redetermination PRC NUMBER ISSUED PREVIOUSLY FOR THIS PROJECT: OFFICE USE ONLY 6 Location of Project: Loc~tion on Site Route No/Slreet Address Village or City Town County. OCCUPATION FOR PROJECT: [] Construction (Building, Heavy Highway/Sewer/Water) [] Tunnel [] Residential [] Landscape Maintenance [] Elevator maintenance [] Exterminators, Fumigators Signature [] Guards, Watchmen [] Janitors, Poders, Cleaners [] Moving furniture and equipment [] Trash andrefuse removal [] Window cleaners [] Other (Describe) OFFICE USE ONLY Locality Designations: ~t-~ Io$- o7) 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 contract/sub-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) pedod 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, i~ 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 Distdct 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 abor state ny us/EDList/searchPage.do COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: 1. The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthw!th be physically amended to make such inclusion. Specifically, Section 220oE, 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 award 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): Basketball Court Project: M-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 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but 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. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) 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. (4) The contractor will comply with all provisions of Executive Order No. 1'1246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further 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. Basketball Court Project: M-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract 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 contrac{or and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or 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 (1) 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 or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the 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. Basketball Court Project: M-3 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset 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 subc6ntract 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 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. Basketball Court Project: M-4 ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. 100 Stock Number 7540-926-2049 Title Equal employment opportunity employer information report. 1-'12.805.4 PROCUREMENT STANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for 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. Basketball Court Project: M-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 GrantorAgency 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 or reported violations are promptly investigated. Basketball Court Project: M-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they 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 bythe Stateor 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; Basketball Court Project: M-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the 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. Basketball Court Project: M-8 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: A. The work in this project includes the Excavation of the existing Grass & Topsoil as needed or required. This will include the verification and location of all underground utilities. All utilities, such as electrical lines shall be located and protected by the contractor to prevent damage during new construction. B. The work in this project covers the construction of a new 60' x 94' Asphalt Pad to be used as a Basketball Court for Jean W. Cochran Park. All new work shall be in full accordance with the contract Plans & Specifications. C. 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. C. This contract includes ail site work necessary for the installation of two (2) Basketball Posts, Nets & Backboards as supplied by the Town of Southold. Support Posts shall be securely anchored in concrete footings that shall be finished true and level with the final asphalt surface and shall be in full accordance with the mfg's. Specifications and these contract documents. D. The contractor shall re-grade all disturbed areas as needed or required. The contractor shall be responsible for the placement of approved fill and the re-grading of all grass areas with clean Topsoil to provide a uniform surface that is ready for Seeding. (Seeding by Others) 1.02 WORK BY OTHERS The following will be provided by other: 1. The Owner will provide and pay for the following: A. The supply of two (2) Basketball Posts, Nets & Backboards. B. All Seeding of adjacent Grass Areas after Construction is complete. END OF SECTION Basketball Court Construction 1010-1 Section 1500 - CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 1.01 b. ordinances, 1.02 UTILITIES A. 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 BARRIERS A. 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 Basketball Court Construction 1500 - 1 DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions 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 Codes. B. The location of all existing underground electrical lines and utilities to remain shall be verified by the contractor. The contractor shall provide protection of these locations and devise a plan to protect and/or stay away from these utilities. All damage sustained by these utilities as a result of construction activities shall be fixed at the Contractors expense. 3.02 EXCAVATION: A. The Grass & Topsoil shall be excavated and removed by the contractor. The contractor shall be responsible for the protection of all existing underground utilities that are to remain. 3.03 DISPOSAL: A. All grass, debris and excess topsoil generated from the excavation of the basketball court shall be stockpiled in an approved location designated by the Town. This material shall be removed by the contractor prior to final completion of the project. END OF SECTION Basketball Court Construction: 2100-1 Section 2200 - EARTHWORK Part 1 GENERAL 1.01 DESCRIPTION: A. Provide earthwork in an ama immediately adjacent to the new Asphalt Pad 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. B.Related Work Specified Elsewhere: 1. Site Preparation - 2100 .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. open excavations is excess of 24 inches deep shall be posted with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. The Contractor shall protect all existing structures, utilities, sidewalks, pavements and other facilities to remain from damage or other hazards created by earthwork operations. Part 2 - PRODUCTS 2.01 SOIL MATERIALS: A. Definitions: t. 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. 2. 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. 3. 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. Basketball Court Construction 2200-1 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. Percentage of Maximum Density Requirements: Compact 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. Asphalt Pad: Compact top 12" of sub grade and each layer of backfill orfill 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 Asphalt Pad, use satisfactory excavated or borrow material. 2. In Grass Areas around New Asphalt Pad, use satisfactory Topsoil 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 Contractors Expense. END OF SECTION Basketball Court Construction: 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 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete work as indicated or required. 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. AC1318 "Building Code Requirements for Reinforced Concrete". Part 2 - PRODUCTS 2.01 Bo Architect. C. CONCRETE MATERIALS: A. Portland Cement: ANSI/ASTM C 150, Type I, unless otherwise acceptable to the Architect. Use one brand of cement throughout project, unless acceptable to the Air-Entraining Admixture: ANSI/ASTM 260. Part 3 - EXECUTION 3.01 FORMS: A. Design, erect, support, brace and maintain form-work to support vertical and lateral loads that might be applied until such loads can be supported by concrete structure. Construct form-work so concrete members and structures are of correct size, shape, alignment, elevation and position. B. Design form-work to be readily removable without impact, shock or damage. 3.02 FINISH OF FORMED SURFACES: A. Float Finish: Apply float finish to all concrete slab to receive trowel finish. B. Trowel Finish: Apply trowel surface to all concrete slabs exposed to view. END OF SECTION Basketball Court Construction: 3000-1 Section 3200 -ASPHALT PAVEMENT MATERIALS 1.01 DESCRIPTION: A. The Contractor shall be responsible for the compaction, patching and repairing of all excavated pavement within the limits of existing pavement areas. 1.02 BASE COURSE FOR ASPHALT PAVEMENTS OVER EXCAVATED AREAS: A. The base course shall consist of three-fourths-inch stone blend or crUshed concrete compacted to a four-inch depth. Crushed concrete ' shall be a clean recycled concrete aggregate material that is free of hazardous or regulated waste product. Any material deemed to be construction and demolition (C&D) debris by the Town's Inspector shall be rejected. All reJected C&D debris material shall be removed from the site at the contractor's expense. If clay or other unsuitable material is found below the base course, it shall be removed and replaced with 12 of compacted bank run containing 15% or more of gravel. The twelve-inch replacement depth may be modified according to existing conditions as approved by the Engineer. B. The soil fill in all excavation areas shall be compacted to the satisfaction of the Engineer and shall be smooth, parallel to and at the required depth below the base co. urse. The soil base shall not be in a muddy or frozen condition before placing base course material. C. The base course material shall be deposited on the prepared grade by means of dump truck, spreader, tailgate or other approved methods of deposition. Spreading the stone blend base course material shall be done by approved spreading equipment. After the loose material has been spread evenly so that it will have the required thickness after compaction, correct grade for succeeding courses, segregation of any large or fine particles corrected, it shall be rolled with approved rollers weighing not less than 10 tons. Rolling must begin at the sides and continue toward the center and shall continue until there is no movement of the course ahead of the roller. A minimum of four passes of rollers will be required. Approved vibratory rollers may be used at the option of the contractor. Where the use of a roller is impractical, approved vibration plate compactors or impact rammers shall be used to compact the base material. D. Upon the completion of the base course within the limits of all excavated areas, the contractor shall request an inspection by the Engineer or Inspector and shall not proceed with the application of the final asphalt base "binder" material until such inspection has been made and the work approved. 1.03 ASPHALT BINDER COURSE MATERIAL: A. The binder course shall be 2 1/2 inches in compacted depth. The material shall be local sand and gravel pit run, passing the three- fourths-inch screen with filler added. The filler material shall be local fine sand. The combined materials shall show the following composition: Basketball Court Construction 3200-1 1.04 ASPHALT BINDER COURSE MATERIAL: (2) (3) (4) (5) (6) (7) (8) Passing the three-fourths-inch square sieve: 100%. Passing the No. 4 sieve: 75% to 90%. Passing the No. 10 sieve: 50% to 75%. Passing the No. 40 sieve: 25% to 50%. Passing the No. 80 sieve: 12% to 20%. Passing the No. 100 sieve: 4% to 12%. Asphalt cement grade AC-20: 6% to 8%. Temperature range placing: 225° to 275° F. The binder course shall be placed on the stabilized base course when it has been satisfactorily completed and approved by the Engineer or Inspector. The material shall be placed only when the surface to be covered is dry, clean and weather conditions, in the opinion of the Engineer, are suitable. All defective areas in the base course shall be repaired as directed. The bituminous course shall be placed with an approved finishing paver or other approved equipment, capable of placing material to such appropriate loose depth that when the work is completed, the required compacted thickness will have been met. The course shall be compacted with ten-ton tandem steel wheel rollers or vibratory rollers of a type as approved by the Engineer. During the initial rolling, rollers shall travel parallel to the center line beginning at the edge and working toward the center, overlapping on successive passes by 1/2 of the roller wheels. A minimum of four passes of rollers will be required. The temperature of the material, when placed, shall not be less than 225° F. No material shall be placed when the air and surface on which the material is to be placed is below 40° F. ASPHALT WEARING COURSE MATERIAL: A. The wearing course shall be I 1/2 inches in compacted depth. The coarse aggregate shall consist of crushed stone, the fine aggregate sand and mineral filler. The mineral filler shall consist of limestone dust, cement or silica sand. The combined materials shall have the following composition: Screen Sizes General Limits Job Mix (percent passage) (pement passage) 1 inch 100 + 0 1/2 inch 95 - 100 + 5 1/4 inch 65 ~ 85 + 7 1/8 inch 32 -65 + 7 20 15 - 39 + 7 40 7-25 +7 80 2-12 +4 200 2 -6 +2 % asphalt cement grade AC-20 5.8 - 7.0 + 0.4 Basketball Court Construction 3200-2 The wearing course shall be placed on the binder course when it has been satisfactorily completed and approved by the Engineer or Inspector. The material shall be placed only when the surface to be covered is dry, clean and weather conditions, in the opinion of the Engineer, are suitable. All defective areas in the base course shall be repaired as directed. The bituminous course shall be placed with an approved finishing paver with screed heating equipment, capable of placing a fourteen-foot width and to such appropriate loose depth that when the work is completed the required, compacted thickness will have been met. The course shall be compacted with ten-ton tandem steel wheel rollers or vibratory rollers of a type as approved by the Engineer. During the initial rolling, rollers shall travel parallel to the center line beginning at the edge and working toward the center, overlapping on successive passes by 1/2 of the roller wheels. A minimum of four passes of rollers will be required. The temperature of the material, when placed, shall not be less than 225° F. No material shall be placed when the air and surface on which the material is to be placed is below 40° F. END OF SECTION Basketball Court Construction 3200-3 DIVISION NINE - FINISHES 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 9600 - TEXTURED ACRYLIC COLOR SURFACING FOR PLAY AREAS Part 1 - GENERAL 1.01 DESCRIPTION: A. Textured acrylic surfacing for asphalt basketball court and similar play areas. B. The Contractor shall Provide Acrylic Surfacing System over the new Asphalt Basketball Court Pad. This Surfacing System shall be installed with three coats to provide a tough durable finish. The first two coats shall contain pure silica sand for a uniformed textured surface. C. Final surface Color shall be Green. D. The Contractor shall be responsible for the installation of all lines and Basketball Court delineation as indicated in these specifications. E. The Contractor shall also be required to install two (2) standard Backboards, Rims, Nets & Posts as supplied by the Town of Southold. 1.02 QUALITY ASSURANCE: A. Surfacing shall conform to the guidelines of the ASBA for planarity. B. All surface coatings products shall be supplied by a single Mfg. C. The contractor shall record the batch number of each product used on the site and maintain it through the warranty period. D. The contractor shall provide the inspector, upon request, an estimate of the volume of each product to be used on the site. E. The installer shall be an authorized applicator of the specified system. F. The manufacturer's representative shall be available to help resolve material questions. .03 RELATED SECTIONS: A. Related work: 1. Section 3200 - ASPHALT PAVEMENT MATERIALS B. References: 1. National Asphalt Paving Association (NAPA) 2. United States Tennis Association (USTA) 3. International Tennis Federation (ITF) 4. American Sport Builders Association (ASBA) .4 SUBMITFALS A. Manufacturer specifications for components, color installation instructions. B. C. D. chart and Authorized Applicator certificate from the surface system manufacturer. ITF classification certificate for the system to be installed. Reference list from the installer of at least 5 projects of similar scope done in each of the past 3 years. Current Material Safety Data Sheets (MSDS). Basketball Court Construction 9600-1 1.5 MATERIAL HANDLING AND STORAGE A. Store materials in accordance with Mfg's specifications and MSDS. B. Deliver product to the site in original unopened containers with proper labels attached. C.All surfacing materials shall be non flammable. 1.6 GUARANTEE A. Provide a guarantee against defects in the materials and workmanship for a period of one year from the date of substantial completion. 1.7 INSTALLER QUALIFICATIONS A. Installer shall be regularly engaged in construction and surfacing of acrylic tennis courts, play courts or similar surfaces. B. Installer shall be an Authorized Applicator of the specified surface system. C. installer shall be a builder member of the ASBA. 1.8 MANUFACTURER QUALIFICATIONS A. System manufacturer shall provide documentation that the surface to be installed has been classified by the ITF as a medium pace surface. B.System manufacturer shall be a US owned company. C.System manufacturer shall be a member of the ASBA. Part 2 - PRODUCTS 2.01 MANUFACTURERS A. California Products Corp., Andover, MA. 01810 / DecoTurf, www.decoturf, com B. Substitutions: Submit requests at least 7 days prior to the bid date with a complete type written list of proposed substitutions with sufficient data, drawings, samples and literature to demonstrate to the owners satisfaction that the proposed substitution is of equal quality and utility to the specified product. Information must include a QUV test of at least 1000 hours illustrating the UV stability of the system. The system shall have an ITF pace rating in Category 2. Under no circumstance may the final color surface contain silica sand added at the job site. 2.2 MATERIALS A. Patching Mix (California Court Patch Binder) - for use in patching cracks, holes, depressions and other surface imperfections. B.Crack Filler (California Crack Filler) - for use in filling fine cracks. C. Acrylic Filler Course (California Acrylic Resurfacer) - for use as a filler for new or existing asphalt surfaces. The 100% acrylic filler shall be blended with approved silica sand at the job site. D. Acrylic Color Playing Surface (DecoColor MP/DecoBase I) - for use as the finish color and texture. DecoColor MP and DecoBase I are blended at the job site to achieve the correct surface texture. *DecoColor Plus may be used as an alternative material. E. Line Paint (California Line Paint) - for use as the line marking on the court/play surface. F.Clear Glo - shall be used as a sealer in heavy traffic areas G.Water- for use in dilution/mixing shall be clean and potable. Basketball Court Construction 9600-2 2.3 MATERIAL SPECIFICATIONS A. Court Patch Binder- 100% acrylic resin blended with Portland Cement and silica sand. 1. Percent solids by weight (minimum) 46% 2. Weight 8.7-8.9 lbs./gallon B. California Crack Filler - 100% acrylic resin heavily filled with sand. 1. Percent solids by weight (minimum) 85% 2. Weight 15 lbs./gallon C. California Acrylic Resurfacer - 100% acrylic resin (no vinyl copolymerization constituent). The product shall contain less than 3.5% attapulgite. 1. Percent solids by weight (minimum) 26.7% 2. Weight 8.7-8.9 lbs./gallon D. DecoColor MP - 100% acrylic resin (no vinyl copolymerization constituent) with selected light fast pigments. Green shall contain less than 10% chrome oxide. 1. Percent solids by weight (minimum) 43.0% 2. Weight 10.5./gallon E. DecoBase I Neutral - 100% acrylic resin (containing no vinyl copolymerization constituent). Contains not more than 63% rounded silica sand. 1. Percent solids by weight (minimum) 71% 2. Weight 12.0 lbs./gallon F. California Line Paint- 100% acrylic resin (containing no alkyds or vinyl constituents). Texturing shall be rounded silica sand. 1. Percent solids by weight (minimum) 60.5% 2. Weight 12-12.3 lbs./gallon G. Clear Glow - t00% clear acrylic sealer. 1. Percent solids by weight (minimum) 38.4% 2. Weight 8.7 lbs. All surfacing materials shall be non-flammable and have a VOC content of less than lO0g.lltr. Measured by EPA method 24. Local sands are not acceptable in the color playing surface. Sands must be incorporated at the manufacturing location to insure quality and stability. Part 3 - EXECUTION 3.01 WEATHER LIMITATIONS: A. Do not install when rainfall is imminent or extremely high humidity prevents drying. B. Do not apply unless surface and air temperature are 50°F and rising. C. Do not apply if surface temperature is in excess of 140°F. Basketball Court Construction 9600-3 3.02 PREPARATION FOR ACRYLIC COLOR PLAYING SYSTEM A. Clean surfaces of loose dirt, oil, grease, leaves, and other debris in strict accordance with manufacturer's directions. Pressure washing will be necessary to adequately clean areas to be coated. Any areas previously showing algae growth shall be treated with Clorox or approved product to kill the organisms and then be properly rinsed. B. Holes and cracks: Cracks and holes shall be cleaned and a suitable soil sterilant, as approved by the owner, shall be applied to kill all vegetation 14 days prior to use of Court Patch Binder according to manufacturer's specifications. C. Depression: Depressions holding enough water to cover a five cent piece shall be filled with Court Patch Binder Patching Mix: 3 gallons of Court Patch Binder, 100 lbs. 60-80 silica sand, I gallon Dry Portland Cement (Type I). This step shall be accomplished prior to the squeegee application of Acrylic Resurfacer. The contractor shall flood all the courts and then allow draining. Define and mark all areas holding enough water to cover a nickel. After defined areas are dry, prime with tack coat mixture of 2 parts water/I part Court Patch Binder. Allow tack coat to dry completely. Spread Court Patch Binder mix true to grade using a straight edge (never a squeegee) for strike off. Steel trowel or wood float the patch so that the texture matches the surrounding area. Never add water to mix. Light misting on surface and edges to feather in is allowed as needed to maintain work ability. Allow to dry thoroughly and cure. NO WORK FROM THIS STAGE ON SHALL COMMENCE UNTIL AN INSPECTOR HAS ACCEPTED THE SURFACE. Filler Course. (Acrylic Resurfacer): Filler course shall be applied to the clean underlying surface in one application to obtain a total quantity of not less than .06 gallon per square yard based on the material prior to any dilution. Acrylic Resurfacer may be used to pre-coat depression and crack/hole repairs to achieve better planarity prior to filler course application. 1. Over a properly repaired surface of asphalt on existing courts, apply one coat of Acrylic Resurfacer according to the following mix: Acrylic Resurfacer 55 gallons Water 20 - 40 gallons Sand 600-800 pounds / 60-80 mesh Liquid Yield 112-138 gallons 2. On new asphalt, two coats of Acrylic Resurfacer shall be used to properly fill all voids in the asphalt surface. Use clean, dry 50-60 mesh sand and clean, potable water to make mixes. The quantity of sand and water in the above mix may be adjusted within above limits to complement the roughness and temperature of the surface. a. Mix the ingredients thoroughly using accepted mixing devices and use a 70 Durometer rubber bladed squeegee to apply each coat of Acrylic Resurfacer as required. b. Allow the application of Acrylic Resurfacer to dry thoroughly. Scrape off all ridges and rough spots prior to any subsequent application of Acrylic Resurfacer or subsequent cushion or color surface system. NOTE: D. Basketball Court Construction 9600-4 3.03 3.04 3.05 3.6 3.7 APPLICATION OF ACRYLIC COLOR PLAYING SURFACE A. All areas to be color coated shall be clean, free from sand, clay, grease, dust, salt or other foreign matters. The Contractor shall obtain the Engineer's approval, prior to applying any surface treatment. B. Blend DecoBase I and DecoColor MP with a mechanical mixer to achieve a uniform mixture. The mix shall be: DecoBase I 55 gallons DecoColor MP '15 gallons Water 23 gallons Application shall be made by 50 durometer rubber faced squeegees. The mixture should be poured on to the court surface and spread to a uniform thickness in a regular pattern. A total of 2 applications of textured DecoColor MP shall be made to achieve a total application rate of not less than .10 gal./sy. No application should be made until the previous application is thoroughly dry. A single finish coat of DecoColor MP shall then be mixed and applied in the same manner as the texture coats at a rate of .04 gal/sy. The mix shall be: DecoColor MP 55 gallons Water 38 gallons LINE PAINTING A. Line shall be 2" wide unless otherwise noted on the drawings. Lines shall be carefully laid out in accordance with ASBA and USTA guidelines. The area to be marked shall be taped to insure a crisp line. The California Line Paint shall have a texture similar to the surrounding play surface. Application shall be made by brush or roller at the rate of 150-200 sf./gal. (3~4 gal. per tennis court). APPLICATION OF HEAVY DUTY TOP COAT A. Multi Sport play areas with concentrated wear areas such as basketball alleys SHALL receive an extra coat of a clear sealer to extend life expectancy. PROTECTION A. Erect temporary barriers to protect coatings during drying and curing. B. Lock gates to prevent use until acceptance by the owner's representative. CLEAN UP A. Remove all containers, surplus materials and debris. Dispose of materials in accordance with local, state and Federal regulations. B. Leave site in a clean and orderly condition. END OF SECTION: Basketball Court Construction 9600-5 m o,,,~ ~ i~'-~ · .~' APPROXIMATE LOCATION OF !1· J ~--25 ~n--'r...,i,iQ"<~l'l~ I NEW BASKETBALL COURT ~ LO · ~'~'~ Fronk UOZZel & RitO Uozzer Graphic Scale: TOTAL LENGTH ASPHALT PAD 6'o0" ~ 84'-0" TOTAL LENGTH INSIDE LINES . , 6'-0" -Typical~ - ,Typical- 42'.0' INSIDE END LINES TO MIDDLE OF CENTER LINE 42'.0' INSIDE END LINES TO MIDDLE OF CENTER LINE ~:~ EDGE OF ASPHALT PAVEMENT EDGE O~ ASPHALT PAYMENT ~ EDGE O~: ASPHALT pAVEMENT BASKETBALL COURT PLAN Scale: 1/16" -- t'-0" A-"I EDGE OF ASPHALT PAVEMENT FREE THROW LINE ' ~ ~ /~REE' POINT UN BASKETBAI,L COURT LINE STRIPING PLAN Scale: 118" = 1'-0" A-2 BACKBOARD SUPPORT POST SEE MFG. FOR INSTALLATION SPECIFICATIONS. --~ I SECTION DETAIL BACKBOARD SUPPORT FOUNDATION PLAN Scare: tl2" = 1%0" NEW ASPHALT PAVEMENT 1.5" ASPHALT TOP COURSE 2.5"ASPHALTBASE COURSE 4" R.C.A./STONE BLEND EXISTING GRASS AREAS TO REMAIN NEW 3,000 P.S.I. CONCRETE FOOTING SEE MANUFACTURER FOR INSTALLATION INSTRUCTIONS. BACKBOARD SUPPORT POST SEE MFG. FOR INSTALLATION SPECIFICATIONS. NEW 3,000 P.S.I. CONCRETE FOOTING SEE MANUFACTURER FOR INSTALLATION INSTRUCTIONS. A-3 RESOLUTION 2010-266 ADOPTED DOC ID: 5813 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-266 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 6, 2010: 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 a basketball court at Cochran Park, Peconic Lane, Peconic~ NY, all in accordance with the plans & specifications prepared by James Richter, RA, Office of the Town Engineer. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 1] MOVER: Vincent Orlando, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Evans, Russell NAYS: Albert Krupski Jr. RESOLUTION 2010-265 ADOPTED DOC ID: 5824 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-265 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 6, 2010: RESOLVED that the Town Board of the Town of Southold hereby increases the General Fund 2010 budget as follows: Revenues: A.2025.00 Appropriations: A. 1620.2.500.825 Special Recreation Facility Cochran Park Improvements Basketball Court Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 1] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Evans, Russell NAYS: Albert Krupski Jr. $25,000 $25,000