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HomeMy WebLinkAboutRoller Hockey Rink Resurfacing at Cochran Park9782 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 20th day of May, 2010. Sworn to before me this LEGAL NOTICE INVITATION TO BID PROJECT: ~he reconstruction and resnrfacinl[ of a Roller Hockey Rink Facility located at Cochran Park on Pe- conic Lane in Peconic, New York. The Town Board of the Town of Southold will receive bids for furnishing all materials and equipment as specified in the bid documents for the reconstruc lion and resurfacing of existing Roller Hockey Rink at Cochran Park all in ac cordance wilh the Drawings & Specifi- cations which may be obtained from the Southold Town Clerk's Ot~ce, Monday through Friday. 8:00 a.m. to 4:00 p.m. The sealed bids, together with a Non- Collusive Bid Ccrfificate must be re- ceived by the Southold Town Clerk, at Southold Town Hall, 53095 Main Road, PO Box 1179, Southold. New York 11971, until 10.'00 a.m. 3rd June 2010. All bids must be signed and sealed in envelopes plainly marked "Bid for Roller Hockey Rink," and submitted to the Town Clerk. The proposal price shall not include any tax, federal, state, or Io cai. from which die Town of Southold is exempt. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for perfok mance of the project. Should the Town of Southotd decide to award a contract. it shall be awarded to the lowest respon- sible bidder. lhe Town of Southold reserves the right to waive any informality, and to rejecl any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT with- draw his bid during this period. Please advise if you intend lo bid or Dated: April 20, 2010 BY ORDER OFTHE SOUTHO[.D TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk 9782- IT 5/20 day of Principal Clerk J~HRIST~NA VOLINSKI NOTARY pUG~C-STA;E OF NEW YORK N~ 8i v,~6105050 LEGAL NOTICE - INVITATION TO BID PROJECT: The reconstruction and resurfacing of a Roller Hockey Rink Facility located at Cochran Park on Peconic Lane in Peconic, New York. The Town Board of the Town of Southold will receive bids for furnishing all materials and equipment as specified in the bid documents for the reconstruction and resurfacing of existing Roller Hockey Rink at Cochran Park all in accordance with the Drawings & Specifications which may be obtained from the Southold Town Clerk's Office, Monday through Friday, 8:00AM to 4:00 PM. The sealed bids, together with a Non-Collusive Bid Certificate must be received by the Southold Town Clerk, at Southold Town Hall, 53095 Main Road, PO Box 1179, Southold, New York t 1971, until 10:00 AM, ro June 2010 Day Month Year All bids must be signed and sealed in envelopes plainly marked "Bid for Roller Hockey Rink", and submitted to the Town Clerk. The proposal price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. 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 20,2010 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON May 20, 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: Suffolk Times Data Construction Burrelle's Information Services James Richter Town Board Members Town Attorney Dodge Reports Brown's Letters Town Clerk's Bulletin Board J. McMahon STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being dulyswom, says that on the /~ dayof~5/F_,,.d>_~,2010, she affixed a notice of which the annexed printed notice is a tree copy, inc~proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Roller Hockey Elizabeth A. Neville Southold Town Clerk Sworn before me this __ day of ,2010. Notary Public Page I of 1 Cooper, Linda From: Sent: To: Legals [legals@timesreview.com] Thursday, May 13, 2010 2:07 PM Cooper, Linda Subject: RE: Roller Hockey Rink Hi Linda, I have received the bid and we are §ood to §o for next week. Thanks and have a §reat evening!! Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Thursday, May 13, 2010 1:36 PM To: Suffolk Times Legals Subject: Roller Hockey Rink Hi, Please confirm reciept of this Legal Notice of a Bid for the 5/20/10 edition of the ST. Thanks! Icoop 5/13/2010 INVITATION TO BID PROJECT: The reconstruction and resurfacing of a Roller Hockey Rink Facility located at Cochran Park on Peconic Lane in Peconic, New York. The Town Board of the Town of Southold will receive bids for furnishing all materials and equipment as specified in the bid documents for the reconstruction and resurfacing of existing Roller Hockey Rink at Cochran Park all in accordance with the Drawings & Specifications contained herein. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 3rd June 2010. Day Month Year All specifications are provided herein: drawings "SP-I" to be attached. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any 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 20, 2010 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION A-1 Invitation to Bid and Bmrllelll of Belier geekev Blnk at Cochran Park Town of Southold Date: Peconic Lane, PECONIC, NEW YORK April 27, 2010 SOUTHOLD TOWN ENGINEERING DEPARTMENT SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD LEGAL NOTICE - INVITATION TO BID PROJECT: The reconstruction and resurfacing of a Roller Hockey Rink Facility located at Cochran Park on Peconic Lane in Peconic, New York. The Town Board of the Town of Southold will receive bids for furnishing all materials and equipment as specified in the bid documents for the reconstruction and resurfacing of existing Roller Hockey Rink at Cochran Park all in accordance with the Drawings & Specifications which may be obtained from the Southold Town Clerk's Office, Monday through Friday, 8:00AM to 4:00 PM. The sealed bids, together with a Non-Collusive Bid Certificate must be received by the Southold Town Clerk, at Southold Town Hall, 53095 Main Road, PO Box 1179, Southold, New York 11971, until 10:00 AM, 3''d , June 2010. Day Month Year All bids must be signed and sealed in envelopes plainly marked "Bid for Roller Hockey Rink", and submitted to the Town Clerk. The proposal price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. 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 o£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 20, 2010 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON May 20, 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: INVITATION TO BID PROJECT: The reconstruction and resurfacing of a Roller Hockey Rink Facility located at Cochran Park on Peconic Lane in Peconic, New York. The Town Board of the Town of Southold will receive bids for furnishing all materials and equipment as specified in the bid documents for the reconstruction and resurfacing of existing Roller Hockey Rink at Cochran Park all in accordance with the Drawings & Specifications contained herein. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 3rd ,. June 2010. Day Month Year All specifications are provided herein: drawings "SP-I" to be attached. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the dght 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 20, 2010 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION A-1 INVITATION TO BID PROJECT: The reconstruction and resurfacing of a Roller Hockey Rink Facility located at Cochran Park on Peconic Lane in Peconic, New York. The Town Board of the Town of Southold will receive bids for furnishing all materials and equipment as specified in the bid documents for the reconstruction and resurfacing of existing Roller Hockey Rink at Cochran Park all in accordance with the Drawings & Specifications contained herein. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 13th , May 2010 Day Month Year All specifications are provided herein: drawings "SP-1" to be attached. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any 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 pedod. Please advise if you intend to bid or not. Dated: April 20, 2010 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall writein ink, both in words & numerals, the price for which he proposed: to furnish ail Labor, materials, plant, equipment, tools or other facilities, & to supply all materials in stdct 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 in these specifications. B. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. C. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. D. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a pedod of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the dght to waive any technical error, to accept any bid, or to reject any or all bids. ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION B-1 The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract as stipulated herein. 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. 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 having interlineations, erasure or corrections may be rejected. H. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within two weeks of signed contracts, or the date stipulated in the notice to proceed given to him by the Town of Southold. END OF SECTION ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION B-2 INDEX TO SPECIFICATIONS COVER SHEET BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form Statement of Non-Collusion A-lthrough A-1 B-lthrough B-2 C-lthrough C-1 D-lthrough D-2 E-lthrough E-1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions Prevailing Wage Rates Payroll Certification forms Compliance with the Labor Law & Other Dept. of Labor Regulations CONSTRUCTION SPECIFICATIONS AIA Document # A201 F - 1 through F - 2 H - 1 through H - 1 T - I through :1: - 2 M - 1 through M -8 Summary of Work References Asphalt Pavement Restoration Court Resurfacing & Pavement Markings Section 01010 Section 01420 Section 02500 Section 02700 DRAWINGS SP - 1 .......... SITE LOCATION REFERENCE PLAN - Scale: 1" = 130' ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION C-1 PROPOSALFORM Date: NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in-all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: April 27, 2010, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct,, perform and complete the work for: Reconstruction and Resurfacing of Roller Hockey Rink at Cochran Park. 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: ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION D-1 GENERAL CONSTRUCTION FOR COCHRAN PARK ROLLER HOCKEY RINK REPAIR; CONTRACTOR SHALL PROVIDE THE RESTORATION, REPAIR, RECONSTRUCTION AND RESURFAClNG OF EXISTING ASPHALT ROLLER HOCKEY RINK IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS NECESSARY FOR RECONSTRUCTION & RESURFACING AS REQUIRED TO PROVIDE A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED WORK WILL BE COMPLETED FOR A STIPULATED "LUMP SUM" OF: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him atthe address given in the proposal, that he shall be considered to have abandoned the contract. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Telephone Number: Date: Bidders Address: ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 193-d General Municipal Law, effective September f, 1966, every bid or proposal hereafter made to a political s u bdivision 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. Bysubmission 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 of the (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Reconstruction and Resurfacing of Roller Hockey Rink at Cochran Park. and to include in such bid or proposal the certificate as to non-collusion required by section one- hundrad-three-d (103-(I) 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 ,20 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Signature ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION E-1 H E A M £ R I C A N I N S T I T U T E 0 F A R C H I 'T E T S AIA L~gcument A201 General Conditions of the Contract .for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS I~IODIFICATION 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 CORRECT,ION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This docure~mt has been approved and e~dorsed by the Associated General Contractors of America. Copyt~ight 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, t970, 1976, ©1987 by The American lnstRute of Arcffltects, I'/35 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of i~ provisiorts y~ithout written pen'ni~ion of the AIA violates the copyright laws of the United States and will be ~ubject t6 legal prosecutions. CAUTION: 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. JM~ [X)CU~t~T,A2~I · GENEEAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDFTION AIAe · ©1987 THEAMEEICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVE-NuE, N.~z.,WASHINGTON,D.C.20006 A201-1987 '1 INDEX Acceptance of Nonconfol'ml~g Work ......... ~.6.6, 9.9.3,12.3 Acceptance of Work ........... 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 ACcess 1o Work ........................... 3.16,6.2.1, 12.I Accident Prevention ..............................4.2.3, 10 Acts and Omissions ... 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, Additional Cost, Claims for ......... 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Additional lnspecrions and Testing ....... 4.2.6,9.8.2, 12.2.1, 13.5 Addi0onal 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 Aestheric Effect ............................... 4.2.13,4.5.1 Allowances ........................................ 3.8 Applications for Payment .. 4.2.5, 7.3.7, 9.2, 9.3, 9.4, 9.5.1,9.6.3, Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, AeoltraUon ..................... 4.1.4, 4.3.2, 4.3.4, 4.4.4, 4.5, Architect ........................................ 4.1 Architect, Definirion of ............................. 4.1.1 Architect, Extent o f Authority ........ 2.4, 3.12.6, 4.2; 4.3.2, 4.3.6, Architect, Limitations o f Authority and Responsibility. 3.3.3,3.12.8, Architect's Additional Services and Expenses .......... 2.4,9.8.2, Archltecr $ Administration of the Contrect .......... 4.2, 4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect'$Approvals 2.4, 3.5.1,3.10.2, 3.12.6, 3.12.8, 3.18.3, 4.2.7 Architect's Authority to Re}ect Work .... 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright ................................. 1.3 Architect's Decisions .......... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, Architect's Inspections ........... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, Architect's Instructions.. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1, 12.1,13.5.2 Architect's lnterpretario ns ................. 4.2.11,4.2.12, 4.3.7 Architect's On-Site Observations ........ 4.2.2,4.2.5,4.3.6,9.4.2, Architect's Project Representative ..................... 4.2.10 Architect's Relationship with Contractor ....... 1.1.2, 3.2.1,3.2.2, Architect's Relationship with Subcont factors .... 1.1.2,4.2.3,4.2.4, Architect's Represen rations ................. 9.4.2,9.5.1,9.10.1 Architect's Site Visits ........ 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, Asbestos .......................................... 10.1 Attorneys' Fc'~ ........................ 3.18.1,9.10.2, 10.1.4 Award of Separate Contracts ........................... 6.1.1 Avmixl of Subcontrects and Other Contrects for PocUofls of lhe Woflk .............................. 5.2 Bnsle Definitions .................................... 1.1 Bo6er and Macldnefy Insurance ..................... 11.3.2 Bonds, Ucn ...................................... 9.10.2 Bonds, Performance and Payment ..... 7.3.6.4, 9.10.3, 11.3.9, l 1.4 Capitalization ....................................... 1.4 Certificate o f Substantial Completion .................... 9.8.2 Certificates for Payment ....... 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1, Cerrificates of Inspection, Testing or Approvai ..... 3.12.11, 13.5.4 Certificates of Insurance .................. 9.3.2,9.10.2, 11.1.3 Change Orders, Definition o f .......................... 7.2.1 Clmn~e$ ........................................... 7.1 CHANGES IN THE WORK .... 3.11,4.2.8, 7, 8.3.1,9.3,1.1, 10.1.3 Claim, Definition of .......................... : ...... 4.3.1 Claims and DIsputns ................ 4.3,4.4,4.5,6.2.5,8.3.2, Claims &nd Timely A~erUon of Claims ................ 4.5.6 Clldm$ for Addit~o~d Cost ........ 4.3.6,4.3.7, 4.3.9, 6.1.1, 10.3 CJaim$ for Additional Time ............ 4.3.6,4.3.8,4.3.9,8.3.2 Claims for Coocealed 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 Arbirtation ................. 4.3.2,4.4.4,4.5.1 Cleanlr~l Up ................................... Commeflcement of Statutory Limitation period .......... 13.7 Commencement of the WOrk, Conditions Relating to ....... 2.1.2, Commencement of the Work, Definirion o f ............... 8.1.2 Communications Fadlitating Contract Administration ........................ 3.9.1,4.2.4,5.2.1 COMPLETION, PAYMENTS AND .........................9 Complcrion, ~ub$tanrial ......... 4.2.9, 4.3.5.2, 8.1.1,8.1.3, 8.2.3, Concealed or Unknown Condirions ..................... 4.3.6 Conditions of the Cont tact .................. 1.1.1, 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 Const ruction Schedules, Contractor's ............... 3.10,6.1.3 Con6ngent AsMgnment of Sul:~-ontracts ................ 5.4 Conflnuln~ Conttect performance .................... 4.3.4 Contract, Definition of ............................... 1.1.2 CONTRACT, TERMINATION OR SU~N$1ON O~ THE .................. 4.3.7,5.4.1.1,14 Cont tact Admin~tration ..................... 3.3.3, 4, 9.4, 9.5 Contract Award and Execurion, Conditions Relating to ...... 3.7.1, Contract Documents, The .................... ~ ;. 1,4, E2,,7 Contract Documents, Copins Furnished and Usc of... 1.3,2.2.5,5.3 Contract Documents, Definition of ..................... I.l.l Contract Performance Durlng Arbit ration ............ 4.3.4, 4.5.3 Contract Sum ................... 3.6, 4.3.6, 4.3.7, 4.4.4, 5.2.3, Contra~t Sum, DeFinition of ............................ 9.1 Contract Thee ................. 4.3.6, 4.3.8, 4.4.4, 7.2.1.3, 7.3, Contract Time, Definition of. .......................... 6.1.1 2 A201-1987 AIA DOCUMENT A~01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCNITECTS, 1735 NEW YORK AVEN1JE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocop~ng violates ILS. cof~ laws and is snl~ect to legal prosecution. CONTRACTOR ........ Contractor, Definition of ........... , .............. 3.1, 6.1.2 Contractor' s Constmctk)n Schedules ............. 3.10,6.1.3 Cont racto r's Empioyees ....... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 4.2.3, Contractor'a Liability Insurance ....................... 11.1 Contractor's Reiationship with Separate Contractors and Owner's Forces ...... 2.2.6, 3.12.5, 3.14.2, 4.2~4, 6, 12.2.5 Contractor's Relationship with Subcontctctors ....... 1.2.4,3.3.2, Contractor's Reiationship with the A~chitect .... 1.1.2,3.2.1,3.2.2, Contractor's Representations.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.5.3 Contractor's Responsibility for Those performing thc Work ................. 3.3.2, 3.18, 4.2.3, IO Contractor's Review of Contract Documents ...... 1.2.2,3.2,3.7.3 Contractor's Right to Stop the Woth ..... ................. 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, Contractor's Superintendent ...................... 3.9, 10.2.6 Contractor's Supervision and Construction Procedures ...... 1.2.4, 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Contractual Liability Insurance ................. 11.1.1.7, 11.2.1 Coordioation and Cot relation ............... 1.2.2,1.2.4,3.3.1, Copies Furuished of Drawings and Sped8cations. ·: 1.3, 2.2.5, 3.11 Correction of Work ..................... 2.3,2.4,4.2.1,9,8.2, Cost, Defulition of ............................ 7.3.6, 14.3~5 Cutting ~lld Pe~hlog ........................... 3.14,6.2.6 Damage to ConstnloJon of Owner or Scp~u'ate Contractors 3.14.2; ~ to the Work ..... 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.3, Damage$, Clatms for .. 3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2, 10,1.4 ~ for Deiay .................. 6.1.1,8.3.3,9.5.1.6,9.7 Date of Conmaencement of thc Work, Definition of ......... 8.1.2 Date of 8ub~antial Completion, Dgfinition of .............. 8.1.3 I~ty, Definition of ................................... 8.1.4 Deciaion$ o f t he fixchit ect ...... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, D~:lak~ to Withhold Cer tH~8~m .......... 9.5,9.7, 14.1.1.3 Defccth, c or Nonconforming Work, Acceptance, Rejection and Correction of ............ 2.3, 2.4, 3.5. ], 4¢2.1, DefecOvc Work, l~finltion of ......................... 3.5.1 De~ ired Ex't~q$1on$ of Time .......... 4.3.1,4.3.8.1,4.3.8.2, Disputes ............ 4.1.4, 4.3, 4.4, 4.5, 6.2.5, 6.3, 7.3.8, 9.3.L2 Doounent$ and Sarnples at the Site ...................... 3.11 Drawiog~, Dcfluition of .............................. 1.1.5 Dl~wing$ and Specifications, Use and O wnel~hip'~ f ..... 1.1.1,.I .3, Duty to Review Comract Documents and Field Conditions ..... 5.2 Effective Date of Ir~-urance ...................... 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 .I .3, 1.2.3, 3.2, 3.4.1, Execution, Correlation and Intent of thc Contract Documents .......................... 1.2, 3.7.: Failure of Payment by Contractor .............. 9.5.1.3, 14.2.1.2 Failure of Payment by Owner ................ 4.3.7,9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final P~yment ........ 4.2.1,4.2.9,4.3.2, Finandal Arrangements, Owner's ....................... 2.2.: Fire and Extended Coverage insurance ................... 11.!~ GENERAL PROVI$1ON~ ................................ '1 Governing Law .................................... 13.'1 Guarantees (See Warranty and Warranties) Hazardous Idatcrials ............................ lO.I, 10.2.,I Identification of Contract Documents ................... 1.2.1 Identification of Subcontractors and Suppliers ............. 5.2A information and Services Required of the Owner ..... 2.1.2,2.2, Irqury or Danmge to Person or Prope~y ................ 4.3.!} 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 Insurance, Bo#er and Machinery .................... 11.3.2 Insurance, C~i LlablSty ...................... 11.1 Insnsance, E ffecti-;'c Date o f ..................... 8.2.2, I1.1.Z Insurance, Owner'a Liability ...................... ~... 11.2 In~mnce, Property ............................ 10.2.5,11.3 Insurance, Stored Marerials .................... 9.3.2, 11.3.1.~[ INSURANCE AND BONDS .............................. 1'1 Insueancc Companies, Consent to partial Occupancy.. 9.9.1, 11.3.11 Insurance Companies, Settlement with ................. 11.3.10 Intent of thc Contract Documents ................ 1.2.3,3.12.4, Inte~ ........................................... 13.6 Interpretations, written .................. 4.2.11,4.2.12,4.3.'7 julnder and ComoUdation o f Claims Required ............. 4.5.6 Judgment on Final Award ................ 4.5.1, 4.5.4.1, 4-5.7 LIibot'lmd Matedlds, Equipment .... 1.1.3, 1.1.6,3.4, 3.5.1;3;8.2, Labor Disputes ..................................... 8.3.1 Laws and Regulations ....... 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.5.5, 4.5.7, Limitation on Consolidation or dolnder ................ 4.5.5 Limitations, Statutes of ................... 4.5.4.2, 12.2.6, 13.'7 Limitatio ns o f Authoi~it y .................... 3.3.1,4.1.2,4.2.1, A[A [X)OJ~=NT A2~1 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCT[ON · FOURTEENTH EDITION AiA® · ©i9BTTHEAMERiCANiNSTiTLr.fEOFARCHiTECTS, 1735NEW YORKAVE]NUE, N.W.,W/~HINGTON, D.C. 20006 A201-1987:3 Limitations of Time, General ........... 2.2.1,2.2.4,3.2.1,3.7.3, Limitations of Time, Specific ......... 2.1.2,2.2.1,2.4,3.t0,3.11, LOSS of Use Insurance .............................: 11.3.3 MaterLal Suppliers .............. 1.3.l,3.12.1,4.2.4,4.2.6,5.2.l, Materials, Hazardous ....................... 10.1, 10.2.4 Mat erials, Labor, Equipment and 1.1.3,1.1.6,3.4,3.5.1,3.8.2, Means, Methods, Techniques, Sequences a-qd Procedures o f Construction .......... 3.3.1,4.2.3, 4.2.7, 9.4.2 Mino~ Changes in the Work ...... ... I 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 Responsibility ................................ 6.2 Nonconforming Work, Acesptence of .................. 12.3 Noncon forming 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, Written ............... 2.3, 2.4, 3.9, 3.12,8, 3.12.9, 4.3, Notice o f Testing and Inspections ................ 13.5.1, 13.5.2 Notice to Proceed ................................... 8.2.2 Noti~m, Psrm{te, F~es and ...... 2.2.3,9.?,3.13,7.3.6.4,1o.2.2 Observations, Architect's On-Site ................. 4.2.2, 4.2.5, Observations, Contractor's ....................... 1.2.2, 3.2.2 Occupancy ......................... 9.6.6, 9.8.1,9.9, 11.3.11 On-Site Inspections by the Architect .......... 4.2.2,4.2.9,4.3.6, On*Site Observations by the Architect ......... 4.2.2,4.2.5,4.3.6, Orders, Written ............ 2.3, 3.9, 4.3.7, 7, 8.2.2, 11.3.9, 12.1, OWNER ............................................. 2 Owner, Definition of ................................. 2.1 Owner, Inlomlation snd Services Required of the ........ 2.1.2, Owner's Authority ......... 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1, Owner's Financial Capability ................... 2.2.1, 14.L1.5 Owner' s Uabllity Insuranes .......................... 11.2 Owner's Loss of Use Insurance ........................ 11.3.3 Owner's Relationship with Subcontractors ............... 1.1.2, Owner's Right to CarryOut the Work ........ 2.4, 12.2.4, 14.2.2.2 OwneCs Right to Ckran Up ............................ 6.3 Owner's Right to Psrform Construction and to Award Separate Contracts ...................... 6.1 Owner's Right to Step the Work ................... 2.3,4.3.7 Owner'~ Right to Suspend the Work . .................... 14.3 Owner's Right to Terminate the Contract ................. 14.2 Ownership and Use of ArchHect's Drawings, Specifications and Other Doesments ................ l.l.I, 1.3, 2.2.5~ 5.3 ParUal Occupancy o~' Uss ................. 9.6.6, 9.9, 11.3.11 Patching, Cutting and ........................ 3.14, 6.2.6 Patente, RoyMties and .............................. 3,17 Paynl~lt, Applications for ................ 4.2.5,9.2,9.3,9.4, Payment, Certiflcatss for ........... 4.2.5, 4.2.9, 9.3.3,9.4, 9.5, Psym~Nlt, Fa#ute of .......................... 4.3.7,9.5.t.3, Payment, Final ........... 4.2.1, 42.9, 4.3.2, 4.3.5, 9.10, 11.1.2, Payment Bond, Performance Bond and ........... 7.3.6.4, Payments, Progress ...................... 4.3.4, 9.3, 9.6, PAYMENTS AND COMPLET{ON .................. 9, 14 Payments to Subcontractors ................. 5.4.2, 9.5.1.3, Per formance Bond and Payment Bond ............... 7.3.6.4, P~nTdte, Fees aRd NCt{c4~ ....... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ........... 10 Polychlorinat ed Biphen yl ............................. IO. 1 Product Data, Dei~mition of ........................... 3.12.2 Product Date and Samples, Shop Drawings .... 3. I 1,3.12, 4.2.7 Pru~ru~$ and Comp~tion ................... 4.2.2, 4.3.4, 8.2 Peogr~ss Psyments ............................ 4.3.4, 9.3, Proj~ Definition of the ............................. 1,1.4 ProOf Ms,Iai, Definitinn of the ...................... 1.1.7 Project Manuals .................................... 2.2.5 Project Represen taiives ............................. 4.2.10 Prope~/Insurmme ........................... 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and Laws ............ 1.3, 3.6, 3.7, 3.13, 4.1. I, 4.5.5, Rejection of Work ......................... 3.5.1,4.2.6, 12.2 Reieases o f WalYers and Liens ......................... 9.10.2 Representations ......................... 1.2.2, 3.5.1, 3.12.7, Representatives. ~ .......................... 2.1.1, 3.1.1,3.9, Resolution of Claims and Disputes .................. 4.4, 4.5 Responsibility for Those Per fo~ming thc Work ............ 3.3.2, Retalnage ............... 9.3.1,9.6.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3. Cortdltions by Contractor ............ 1.2.2,3.2, 3.7.3, 3.12.7 Review of Contractor's Submittals by Review of Shop Drawings, Product Data and Samples by Contractor ........................ 3.12.5 Righte snd Rsm®d{ss ............. 1.1.2,2.3,2.4,3.5.1,3.15.2, Royaltie~ and Patents ............................... a.l? 4 A201-1987 Rules and Notices for AColtration ..................... 4.5,2 Safety of Pemons and Property ...... . ................. 10.2 Safe~/precautions and Prograres ........... 4.2.3, 4.2.7,10.1 aainplcs, Definition of .............................. 3.12.3 Samples, Sh~pDrawlngs, Product Data and ... 3.11,3.12,4.2.7 Samples at the Site, Documents and ................... 3.11 Schedule of Values ............................. 9.2, 9.3.! Schedules, Con~truet ion .............................. 3AO Separate Contracts and Contractors .......... 1.1.4, 3.14.2, 4.2.4, 4.5.5, 6, 11.3.7, 12.1.2, 12.2.5 Shop Drawings, Definition of ............. · ........... 3.12.1 Shop Drawings, product Data and Samples .... 3.11, 3.12, 4.2.7 Site, Use of .............................. 3.13,6.1.1,6.2.1 Site Inspections ... 1.2.2, 3.3.4, 4.2.2, 4.2.9, 4.3.6, 9.8.2, 9.10.1, 13.5 Sit e Visits, Archit act's ................. 4.2.2,4.2.5,4.2.9,4.3.6, 9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10:1, 13.5 Special Inspections and Testing .............. 4.2.6, 12.2.1, 13.5 Sp~l{~811oR$, Definition o f the ....................... 1.1.6 S~, Th~ .......... 1.1.1,1.1.6, 1.1.7, 1.2.4, 1.3,3.11 Statutes of Limitations .................... 4.5.4.2, 12.2.6, 13.7 Stopping the Work ............. 2.3,4.3.7,9.7, 10.1.2, 10.3, 14.1 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 Subcontractual Relations .............. 5.3, 5.4,9.3.1.2,9.6.2, 9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14,2.1.2, 14.3.2 Submittals ......... 1.3,3.2.3,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.1.3 SubroglOon, Waleers of ................. 6.1.1, 11.3.5,11.3.7 Substantial Completion ............. 4.2.9, 4.3.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.1, 122.2, 13.7 Substantial Completion, De£mitton o f .................... 9.8.1 Substitution of Subcontractors .................... 5.2.3,5.2.4 Sub~itutlon of the Architect ........................... 4.1.3 Substitutions o f Mat eriala ............................. 3.5.1 Sub-subcontractor, Definition of ....................... 5.1.2 Subsurface CondJtion~ ............................... 4.3.6 Succe~so~ ~nd Aaxlgns ............................ 13.2 Supe~lntend~lt ............................... 3.9, 10.2.6 Sup~nd~on Ired Constmc~on Prooedut~S ...... 1.2.4,3.3,3.4, 4.2.3, 4.3.4, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, I0, 12, 14 Su~ty ............... 4.4.1,4.4.4,5.4.1.2,9.10.2,9.10.3, 14.2.2 Surety, Con~ent of ....................... 9.9.1,9.10.2,9.10.3 Surveys ..................................... 2.2.2,3.18.3 Suspension by the Owner for Convenience ............. 14.3 Suspension of the Work ............. 4.3.7, 5.4.2, 14.1.1.4, 14.3 Suspension or Termination of the Contract ...... 4.3.7, 5.4.1.1, l,i Taxes ...................................... 3.6, 7.3.6.,i Teflulnatton by tt~ Contractor ........................ 14.1[ Tenninatlo~ by the Owlaet' 1or Cause ............. 5.4.1.1, t4.;! Termination of the Architect .......................... 4.1.3 Termination of the Contractor ........................ 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Te~ts aM Inspections ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12.2.1,13.5 TIME ............................................... 6 Time, Delays and Extensions of .............. 4.3.8,7.2.1,8.3 Time Limits on ~lalms ......... 4.3.2, 4.3.$, 4.3.6, 4.3.9, 4.4, 4.5 Title to Work ........... : ..................... 9.3.2, 9.3.!5 UNCOVERING AND CORRECTION OF WORK ............. 12 Uncovering of Wo~ ............................... 12:1 Unforeseen Conditions ..................... 4.3.6, 8.3.1, 10.1 Velees, Schedule of ............................ 9.2, 9.3. [ Walve¢ of Claims: Final Payment ........... 4.3.5, 4.5.1,9.10. ~ Waiver of Claims by thc Architect ...................... 13.4.2 Waiver of Claim$ by the Contractor ......... 9.10.4, 11.3.7, 13.4.:.~ Waive£ of Claims by the Owner .............. 4.3.5,4.5.1,9.9.3, Waiver of Liens .................................... 9.10.2 Waivers of Subrogation ................... 6.1.1, 11.3.5, 11.3.7 Wtlrrarlt~ and Warranties ......................... $-5t 4.2.9, Weather Delays ................................... 4.3.8.Z When Arbttratlo~ May Be Demanded .................. 4.5.4 Work, Definition of ................................. 1.1.3 Written Interpretations ................... 4.2.11,4.2.12,4.3.7 Written Orders .............................. 2.3, 3.9, 4.3.7, &lA [~IIdENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH ~ITION A[A® · ©19~7 THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, H.W.,WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates RS. copyright laws and is sub{act to legal prosecution. A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASK~ DE~Nr~NS 1,1.1 THE CONTRACT DOCtJMENTS The Contract Documents consist of the .A4~reement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Dray/rags, 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- carion is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes pdor negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modif~:ation. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (I) between the Architect and Con. tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or O) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means thc construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWlI~,9 The Drawings are the graphic and plcuarial 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- dies and diagrams. 1.1.6 THE SPECIi~3ATIOf~ 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 rehted services. 1.1.7 THE PROJECT MANUAL Thc Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Spedficatlons and other documents prepared by the Architect, and unless otherWise indicated the Architect shall be deemed the author of them and will retain all common law, Statutory and other reserved rightar in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents pr~ by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 AIA [}OCUMI~IT A~01 · GEHERAL CONDITIONS OF THE CObFI'RACT FOR CONSTRUCTION · FOUR']['EEI~'TF[ EDITION AIA~ · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., wASmNGTON, D.C. 20006 Work without the specific written consem of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors ;md nmteri~ or equipment suppliers are gr3nted a limin;d license to use ;nd reproduce applicable portions of the Draw- ings, Specifications ;nd other documents prepltred by the Architect 2ppropriate 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 ;nd 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 1.4 CAI~T.N..IZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to paragraphs, Subpara- graphs ;nd 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- quendy omit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or :tn article is absent from one statement and appears in another is ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as lfslngular nnumber. Theterm Owner mca the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary ;nd relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien ri4~hts. Such information shall include a correct srate~'nent of the record legal title to the property on which the Project is located, usually refereed 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 tide, recorded or unrecorded. 2,2 INFORM~TK)N AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence tlmt fittanclal arrangements have bee~ made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasonable evidence were furnished on request.Orior to t~e execution of tbe Agreement, '~tbe prospective con~ractor would not be required to execute the Agreement or to commetwm the Work.] 2').~ The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for tim site of the Project, and a legal description of the site. 2.~.3 Except for permits and fees which are~the responsibility of the Contractor under the Contract Documents, the Ovaler shall secure and pay for nece~ry approvals, easements, assess- ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness tc avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents. the Contractor will be furnished, free of charge, such copies o~ Drawings and Project Manuals as ate reasonably necessary for execution of the Work. 2.2.5 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein ;nd especially those in respect to Alticle 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) ;nd Article 11 (Insurance and Bonds). 2.3 OWHER'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 Document~; as required by Para4~raph 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 Wonk 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 OWHER'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 ;nd faikl within a seven4ay period after receipt of written notice from the Owner to commence and continue correction of sueh default or neglect with diligepce and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such degciendes within a seconri 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 he issued deducting from payments then or thereafter due the Contractor the cost of correcting such deft- ciencie$, 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 theft or thereafter due the Contractor are not sul~cient to cover such amounts, the Contractor shall pay th,~ difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 ~ 3.1.1 Thc 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. A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 Thc Contractor shall carefully study and compare the Contract Documents with each other and with infommrion furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, ieconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resnlting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 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 the 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 LABOR AND MATERIALS 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 machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. $.4.2 The Contractor shall enforce strict discipline and good order arnoog the Contractor's employees and other persons carrying out the Contract. The Contractor sfiMl not permit employment of unfit persons ox 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 lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and roles 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 regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the ~tttibutable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shah be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and ail required taxes, les$ applicable trade discounts; 8 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH I~[TION ArAe · ©1987THEAMEP, ICANlNSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASHlNGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to leg;d prosecution. .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other e~ 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 adjusted accordingly by change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINT'ENDEHT 3.9,1 me 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- lng. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly ~er bern8 a~ded the Con- tract, shall prepare and submit for the Owner's and Axchitec~'s information a Contractor's construction ~chedule for the Work. The schedule shall not exceed time limits current under the contract Documents, shall be revised at appropriate intervals ~ required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for tile 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 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor ~ m~intaJ~ at the altc for the Owner Change Orders and other Modifications, in good order arid marked O2rrentiy to record chaises and selectious made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar ~-q. nired submittals. These shall be a-,milahk~ to the Architect and shall be delivered to the Ardli- tect for submittal to the Owner upon completion of the Work. 3.12.1 Shop Drawings are drawings, diagrams, schethfles 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 illnstrafions, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the contractor to illustrate materials or equipment for some portion of the Work. 3.12.3Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Sampl~ and similar sub- mittals are not Contract Documents. The puqx)se of their sub- mittal is to demonstrate for those portions of the Work tbr 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. $.12.$ 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 remmed without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submRtals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, ot will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not'be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be: relieved of responsibility' for errors or omissions in Shop Draw. logs, Product Data, Samples or similar submittals by the Archi. tect's approval thereoL 3.12.9 The Contractor shall direct spedfic 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 not expected to take responsive action may be so identified irt the Contract Documents. 3.12.1:l Xv/h~l professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rdy upon th{: accuracy and comple~neas of such calculations and cecifi- 3.13 USE OF SiTE 3.13.1 The ¢oo~ctor shafi con~e oDcratious at the sRc to areas permitted by law, ordinances, permits and the Contract Documents and shall not .unreasonably encumber the site with materials or equipmen). 3.14 CUTTING AND PATCHING - 3.14.1 Thc Conu'ac~or ~ be responsible for tutti;, fiLtIz~; Or patchi~ requ~ed ~o cotnpic;e the Work or to make its fi~ to~ther properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of tl~: Owner or separate contractors by cutting, patching or other- wise altering sue_l, construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the 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 photoc~g violates U.S. copyright ~n~ts and is subject to legal p~osecution. A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shag not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- lng area free from accumulation of waste materials or rubbish caused l~y operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.16,2 If the Contractor fails to dean up us provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct ora particular manufacturer or manufacturers ks required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such doss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fi~llest extent permitted by law, the Contract(~r shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or e~ is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (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 om~ious 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. 3.16.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica~ tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. ' ~ 3.13.3 The obligations of the Contractor-under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them ari~in~ out of(l) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the 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 practiee architecture or an entity lawfully practicing architecture iden- tdied 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 shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION 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 construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, u nle.cs otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The A~chitect 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 construction means, methocis, techniques, .sequences or procedures, or for ,safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 AIA DOCUMENT A201 * GENERAL CONDr~IONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * ©I987THEAM£RtCANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying v~olates U.S. copyright laws and is subject to legal prosecution. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Adrnlnistra- lion. Except as otherwise provided in the Contract Documents or whexa direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nicatioias by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and wRh separate contractors shall be through the Owner. 4.2.$ 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.$ 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, neRher 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- . lng 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 activitins 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 requli~l 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 construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an asselnbly of which the Rem is a componem. 4.2,$ The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct it{spections to determine the date or dates of Substantial Completion and the dam of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents requited 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 Archit~ect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibiliries 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. 4.2.11 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 requil~l 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 f~[- 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 botil 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 th,: Contract Documents. 4.3 CLAIMS AND D~SPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract t~rms, 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 ~ of Al'~hlt~L Claims, including those alleging an error or oral,ion by the Architect, shall be referred inidally to the Architect for action as provided in Para4graph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of(l) 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 Claim has been referred to the Ardxitect or (5) the Claim relateS- to a mechanic's lien. 4.8.3 Time I.Imtia on {~dm$. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely mamler. SMA DO(i~JM~NT ~201 - GENERAL CONDITION~ OF THE CONTRACT FOR CONSTRUCTION · FOURTEF~NTH EDITION AIA® * © 1987 THE AMERICAN IHSTITUTE OF ARCHITECTS, 1735 NL°~ YORK AVENUE, N.W. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. co~wHght laws and Is subject to legal prosecution. A201-1987 11 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim induding arbitration, unless otherwise agreed in writing the Contractor shall proceed diligendy with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final PaymenL The making of rmal payment shall constitute a waiver of Claims by the Owner except those arising from: ..1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.8 Clalm$ for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ mated 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 exit 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 Ai-chitect 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 Owr~r 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.$.? Claims ~ Addi~olis! CosL If the Contractor wishes to make Claim for an increase in the Contract Sum, written notlee as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's snspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established he. rein. 4.3.8 Claims for additional Tlma 4.3.8.'1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary-. 4.$.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either 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 filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the 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 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days alter 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 Aw. hitect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written riecision 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 Cc~,b~er~k~ and Claims Subject to Arbitration. Rny 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 rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either pasty. Arbitration may be commenced when 45 days have passed after a Claim has been referto:l to the Architect as provided in Paragraph 4.3 and no decision has been rendered. 12 A201-1987 AIA DOOJMENT A201 * GI~ERAL CONDITIONS OF THE C(~NTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©]gB7THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEWYORKAVENUE, N.W., WASHINGTON, D.C. 20006 4.5.2 Rul~ and Notle~ ~or AflallraUon. 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 Rules of the American Arbitration Kssociation cur- rently in effect, unless the parties mutually agree otherwise. Notice of dear)and 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.$ Contract P~,~)mmn¢o During Afl)itmlion. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.6.4 Wlmn Adaitr~ion ~ Bo Oom=n(a~d. Demand for arbi- tration of any Claim may not be made until the earlier of(l) the date on which the Architect has rendered a finai written deci- sion on the Claim, (2) the tenth day after the parties have pre- rented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a £u'ual written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.$,.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a dea'nand 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. 4.6.4.2 A demand for arbitration shall be made within the time limits specified in Subparagrapbs 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. 4.6.5 UmltaUon on Oonso6d~lon or Joindor. No arbitration arising out of or relating to the Contract ~ts shall include, by consolidation or joinder or in any other ~er, the Architect, the Architect's employees or consultants, except by written consent contaimn~ specific reference to the Agree- ment and st4gned 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, pasties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially Involved In a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be Included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional l:)evaon or entity shall not constitute consent to arbitration of a dispute not descoax'd therein or with a person or entity not named or described therein. The fore- going ag~,ement to arbitrate and other agreements to arbitrate with an additional person or entity duly concerted to by parties to the Agreement shall be specifically eofot~able under appli- cable law In any court having jurisdiction thereof. 4.5.6 (Palms and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand ail Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgmerlt oil FIfNil Awsrd. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law In any court having jurisdiction thereoL ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITION~ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an anthofized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.9 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 refesred 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 Doo. tments or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to fumish ma~riais 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 rca- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.$ If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall prolx~ 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 chan~e unless the Contractor has acted promptly and responsively In submittIng names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AIA DOCOMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * © 19~7 THE AMERICAN INSTITUTE OF AECHITECTS,1735 NEar YORK AVENUE' N'W' WASHINGTON' D'C' 20006 WARNING: Urdisensed photocopying stlolnte$ U.S. copyright laws and Is subject Io legal prosecution. 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- menU, 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 rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor shall make available to each pro posed Subcontractor, 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 similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SIJ~CONTRACTS 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, obggated under bond relating to the Contract. $.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shaft be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where In the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site. the term "Contractor" in the Contract Docaments 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 Comractor 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 Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBIUTY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and stora4~e 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 coustmction 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 results~ Failure of the Contractor so to report shah 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 shah be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Pam~,raph 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 :md 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 respousibility under their respective contracts for maiotainin4g the premises and surround- ing area free from waste materials and rubbish as described in Pam4~aph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of th~: Contract, and without invalidatin~ 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 Di~ctive 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. ?.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 agreetnent upon all of the following: .l a change in the Work; .2 the amount of the adjustment in the Contract Sam, 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 CHN4GE DIRECTNES 7.3.1 A Construction Change Direetive 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 C~ange Directive shall be used in the absence of total agreement on the lerms of a Chan~e Order. 7.3.3 If the Construction Change Directive provides for an adjnstmerft to the Contract Sum, the adjustment shall be based on one of One following methods: .1 mutual acceptance of a lump sum properly itemized and supported by suffident substantiating data to per- mit evaluation; ~' .2 unit prices stated in the Contract Documents or sub- sequentiy ag~ed 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 shah 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.$ 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.-q.6 If the Contractor does not respond promptly or disa~ees 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 secudiy, 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 trausportation, whether inentporated or consumed; .3 rental costs of m;!chinery and equipment, exclusive of hand tool& whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .6 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- famed 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 fi~oured on the basis of net increase, ff 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 dctet'- 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 ~--'orded by preparation and execu- tion of an appropriate Change Order. WARNING: Unlicensed photocopying v'mlates U.S. copyright laws and is subject to ~egal pro--on. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 3.1.3 The date of Substantial Completion is the date certified by the Architect in accord~lce 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 essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be fumished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely f'fling of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor 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. 3.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Para~raph 8.3 does not preclude recovery of dam- age~ for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, indud- 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 APPUCATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions 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 ora dispute or other 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.$.3 The Contractor warrants that title to all Work covered by an Application for PaYment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of th~ Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after rcx:eipt of the Contractor's Application for Payment, either issue to the 16 A201-1987 AIA DOCUMENT A201 · GENEKAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AiA~ · ©lg87THEAMERICANINSTITUTEOFARCHITECT$, 1735HEWYORKAVENUE, N.W.,WASHINGTON. D.C. 20006 WARNING: Unl;censed photocopyfng violates U.S. copyright laws and Is subject to legal peosecuflon. Owner a Certificate for Payment, with a copy to the Comrac- ,tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding cettificaffon in whole or in part as provided in Subparagraph 9.5.1. 9.4.~ The issuance of a Certificate for Payment will constitute a representation by the Architect to th~ Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- 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 Comract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will forther 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, sequencea or procedures. (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certilicate 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 paymem 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 a~ree on a revised amoum, the Architect will promptly issue a Certiftcate 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 subsequ{mtl¥ discovered evidence or subc~xtuent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessa~ in the Architect's opinion to protect the Owner from loss because of: .'{ defective Work not remedied; .2 third patty claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Coniractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; A re=sortable evidence that 'the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to thc Owner or another contractor; .5 reasonable evidence that the Work will not be com- plcted within the Contract Time, and that thc unpaid balance would not be adequate to cover actual or liquidated damages for the antielp,'tted delay; or .? persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. g,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 shah 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 percentage.~ 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, fomish 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. 9.5.6 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 nse or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Doctmmnts the amount cer- tiffed 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 as provided in Article 7. 9.8 SUSSTAN'I1AL COMPLETION 9.9.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suifi- cienfly complete in accordance with the Contract Documents an the Owner can occupy or utili~ thc Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a por- tion there'of which the Owner agt~s to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed prontpfly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or de$ig- AL~ DO(~lME{kef 1~.~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ', FOURTEEI, rI'H EDITION AIAe · ©1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORKAVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 17 nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance wRh the requirements of the Contract Documents, the Contrac- tor shali, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish ail items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub mitred to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.8.3 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, seco rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall he determined by written agree- merit between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to he used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, parC~ 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 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 i~mds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a ftnal Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said fatal Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the contractor submits to the Architect (1) an affidavit that payrolls, bilis for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might he 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 finai 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 £mal payment and (5), if required by the Owner, other data establ{shing 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, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the contractor or by issuance of Change Orders affec~g final completion, and the Architect so confirms, the Owner shall, upon application b~ 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 boncis 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 he submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall he made under u:rms and eondifions governing final payment, except that it shall not constliute a waiver of claims. The making of final payment shall . eonstltute 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 k20J · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAH INSTITUTE OF ARCH [TECTS. 1735 NEW YORK AVENUE, N.W. WASHINGTON. D.C. 2000~ WARNING: Unlicensed photocopying violates U.S. copytJgta laws and is sub]ect to legal proseJ:~tion. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, ma/n- raining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 in the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated · biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or 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 harmlec-s; by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on whk:h arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, ArchRect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, iosses and expenses, includ- ing bur not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact tbe material is asbestos or polychinrinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sicimess, 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 lo this Subparagraph 10.1.4. ? 10.2 SA~t:l T OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, in}ur/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 incoqx)- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Cootractor's Subcontractors or Sub-subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, sram'utes and utilities not designated for removal, relo- cation or ;c-placement in the course of construction. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawf~Jl orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, iocindlng 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 shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (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 Cianses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10-2.? The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or propecty, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or 1o~. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency sh~ll 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 iawfuHy 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 yf.hich 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'a compensaOon, disability benefit and other similar employee benefit acts which are applicable to the Work to be perfon-ned; AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION Ats· * © 19~7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W-, WASHINGTON, D-C- 20006 .2 claims for damages becanse of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of art offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .$ claims for damages, other than to the Work itself, because of injury to or destruction of tangible prol~ erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .? claims involving contractual liability insurance appli cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Con tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of t'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 t~luired to remain in force after final payment and are reason- ably available, an additional certificate evidencin~ continuation of such covera~ge shall be submitted with the tmal Application for Payment as required by Subparagraph 9.10.2. information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11,2 OWNER'S I_IABIMTY 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 a~ainst clalffls 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 Pm:X'EqTY INSU~,~ 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or compa~des lawfully authorized to do business in the jurisdiction in which the Project is located, prope~y insurance in the mount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cnst basis without vol- untary deductibles. Such property insurance shall be main- rained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons anti entities who are beneficiaries of such insurance, until t'mal payment has been made as provided in paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insunmce shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11.3.1.1 Property insurance shaft be on an all-risk p~licy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandali~sm, malicious mischief, collapse, false- work, temporary buildings and debris removal induding demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for ArchReet's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with ali 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 ail 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 ~ and Machln~y IltsUraROe. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Doo. unents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in the Work, and the Owner and Contractor shall be niimed insureds. 11.3.:3/o~$ Of {JOe [RSUrance. 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 fire or other hazards, however caused. The Owner waives all fights of action again.~ 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 he.in or for other special haz- ards be included in the property insurance policy, the Owner shall, if [X)c, Sible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 20 A201-1987 WARNING: Unlicensed photoc~lng violates ILS. coF/dght laws and b sub~ect to legal prosecution. 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the sit~ by :property insurance under policies 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 policies other than those insuring the Proj- ect during the construction period, the Owner shall waive ail rights in accordance with the terms of Subparagraph I 1.3.7 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 fac with the Contractor a copy of each policy that indudes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Wahines of $ubro~m. 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 fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors descflbed in Article 6, if any, and the subcontrac- tors. sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally requi~xl for validity, similar waivers each in favor of other parties enum- erated herein. 'I:he policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a peesun or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance pre~nium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.6 A loss insured under Owner's property insurance shall be adjusted by th~ Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, ~bject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors theft just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where !~lly l~-quired for validity, shall require Subcontractors to mai~e payments to their Sub-sfibcontractors in similar manocr. 11.3.9 If required in writing by a paRy 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 cha~ed against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- reeds so received, which the Own~ shall ~te in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award ~0 which case the procedure shall be as provided in Paragraph 4.5. ff after such loss no other special agreement is made, mphcen'lent of dam- aged property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 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 cause cancellation, lapse or reduction of insurance, 11.4 PERFORMANCE BONO AND PAYMENT BONO 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential heneficiary 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 tohe 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, he 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 h~ not specifically reclUested to observe prior to its being covered, the Architect may request to see such Work and it shall he uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- lng and replacemen~ 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 he responsible for payment of such costs. 12.2.1 The Contractor shall prompdy correct Work rejcgted 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 fabticat~l, installed or completed. The Contractor shall bear costs of correcting such rej~.'cted Work, including additional testing and inspec- tions and compensation for the Arc'hitect's services and expenses made necessary thereby. 1'~.2.2 If, within one year after the date of Substantial Comp!e- tion of the Work or designated portion thereof, or after the d:lte A201-1~7 21 for commencement of wartantie~ 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 th~ requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the acttlal performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which axe not in accordance with the requirements of the Cqntract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor flails 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 nonconformifig Work within a reason- able time Fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall 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 ~-rnoval of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Pm_graph 12.2 shall be con~ st. rued 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 rhe 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~m.,..oval and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effe~cted 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~ rives 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 ofiqcer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu ments and 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. 1314.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in wtiting~ 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nanees, 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 rehted costs of tests, inspections and approvals. The Contractor sha]l give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon written authorization from the Owner, instmct 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 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 thc poRions of the Work to comply with requirements established by the Contract Documents, th~ Contractor shall ~ all costs made necessm~ by such failure induding those of ~'peated 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. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at sud~ 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 COMM~ENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 B~ffore Sul~tantlal Completfon. As to acts or failures to act occurrLng prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to run alxt 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 Betw~n Substantial Completion and final CerUr~ cate for Payment. A~ to acts or faliure~ to act occur- ring suhsequent to thc relevant date of Substantial Completion and prior to issuance of thc firml Certili- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause nf action shall be deemed to have accrued in any and all events not Later than the date of issuance of thc final Certificate for Payment; and .3 After Final Cerliflca~ fo~ Payment. As to acts or failures to act occurrin; after thc relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations ,emil commence to run and any alleged cause of action shall be deemed to have scored in any and all events not later than thc date of any act or failure to act by thc Contractor pursuant to any warranty provided und~ Pasagraph 3.5, the date of any con~ectfon of thc Work or failure to correct thc Work by thc 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 thc Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may temaioatc 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-sobcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- 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 ff repeated suspensipns; delays or interruptions by the Owner as desetibed in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365~1ay period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and 14.1.3 If the Work is stopped fol' a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or e~npioyees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fiflfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contracto# may, upon seven additional days' written notice to the Owner and the Architect, temainaxe the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMIN&TION BY ~ 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 t~ 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- ufations 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 abo~'e reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to ins- A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of thc surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient, 1 4.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not ~e entitled to receive f~rther payment until the Work is finished. 1 4.2.4 If the unpaid balance of the Contract Sum exceeds costs of f'mishing the Work, including compensation for the Ai'chi- 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 Ov~er, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment ~hall sur~lve termina- tion of the Contract. 14,3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the inctL'ased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed FLxed or percentage fee. 24 A201-1987 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEEIWFH EDITION © 1987 THE AMERICAN INSTITIJTE OF ARCHrFECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying vi~ates U.S. cop~-ight laws and Is sub,ct to legal pzosecution. 3/87 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE I 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) (s) (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. ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION I::-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: ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION F-2 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for Reconstruction & Resurfacinq of Roller Hockey Rink at COCHRAN PARK Town of Southold New York State Department of Labor wage rates Apply to this specification as if they were fully incorporated herein. ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION H-1 N¥SDOL.- Prevailing Wages (View PRC) Page 1 of 1 ~6~ ^, P~t~son New York State Department of Lab0r ~*,emo, Prove[ling Wage Unemployment Career Business Workforce NY Workforce & Worker Benefits Services Services Partners Industry Data Protection Col!eon C. Gard~ler Commissio~er Forms and Home Publications PRC#: Unassigned Reference Number: 481559 Type of Contracting Agency: Town Acceptance Status: Requires Attenlion Contracting Agency Send Reply To Town of Southold James McMahon Director, DPW PO Box 1179 Southold NY 11971 (631) 765-1283 (631) 765- 9015 Fax James. McMahon@town. Southo*d NY.US =reject Information Project Title Description of Work Contract id NO, Project Locations(s) Route No / Street Address Village I City Town State / Zip Nature of Project Approximate Bid Date Checked Occupation(s) Cochran Park Hockey Rink Resudace 1he Roller Hockey rink and re-line the playing surface of the rink Cochran Park Peconic Lane Peconic Southold NY 11958 Heavy and Highway Construction (New and Repair) 05120/2010 Construction (Building, Heavy & Highway, Sewer, Water, Tunnel) ~,pplicable Counties Suffolk J htto://wnn.lahor ~tate nv ~m/wnn/rtnPnhl;~'NJmxrPrni>~.t rl~ c /~ ~ t,a~ ~ ~ McMahon, James From: Sent: To: Subject: PWrates@iabor.state.ny.us Tuesday, May 11, 2010 12:31 PM McMahon, James Project Accepted - PRC# 2010004185 The "Request for Wage and Supplement Information" (PW 39) you have submitted has been accepted, and a Prevailing Rate Case Number (PRC# 2010004185) has been assigned to the project. To view the PDF file of your schedule, click on http://wpp.labor.state.ny.us/v/pp/publicViewProject.do?method=showIt&id=481559 or copy and paste into your browser David A. Paterson, Governor Town of Sou/hold James McMahon, Director, DPW PO Box 1179 Southold NY 11971 Schedule Year Date Requested PRC# Colleen C. Gardner, Commissioner 2009 through 2010 05/11/2010 2010004185 Location Project ID# Project Type Cochran Park Resurl'ace the Roller Hockey rink and re-line the playing surface of the rink 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 attached schedule, to the specifications for this project, when it is advertised for bids and/or !o forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name & Title of Representative: Phone: (518)457-5589 Fax: (518)485-1870 W..Averell Hart man State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 www,labor.state.ny.us. PW 200 PWAsk@labor.state.ny.us General Provisions of Laws Covering Workers on Article 8 Public Work Contracts Introduction The Labor Law requires public work contractors and subcontractors to pay laborers, workers, or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and supplements (fringe benefits) in the locality where the work is performed. Responsibilities of the Department of Jurisdiction A Department of Jurisdiction (Contracting Agency) includes a state department, agency, board or commission: a county, city, town or village; a school district, board of education or board of cooperative educational services; a sewer, water, fire, improvement and other district corporation; a public benefit corporation; and a public authority awarding a public work contract. The Department of Jurisdiction (Contracting Agency) awarding a public work contract MUST obtain a Prevailing Rate Schedule listing the hourly rates of wages and supplements due the workers to be employed on a public work project. This schedule may be obtained by completing and forwarding a "Request for wage and Supplement Information" form (PW 39) to the Bureau of Public Work. The Prevailing Rate Schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract. Upon the awarding of the contract, the law requires that the Department of Jurisdiction (Contracting Agency) furnish the following information to the Bureau: the name and address of the contractor, the date the contract was let and the approximate dollar value of the contract. To facilitate compliance with this provision of the Labor Law, a copy of the Department's "Notice of Contract Award" form (PW 16) is provided with the original Prevailing Rate Schedule. The Department of Jurisdiction (Contracting Agency) is required to notify the Bureau of the completion or cancellation of any public work project. The Department's PW 200 form is provided for that purpose. Hours No laborer, worker, or mechanic in the employ of a contractor or subcontractor engaged in the performance of any public work project shall be permitted to work more than eight hours in any day or more than five days in any week, except in cases of extraordinary emergency. The contractor and the Department of Jurisdiction (Contracting Agency) may apply to the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular public work project. Wages and Supplements The wages and supplements to be paid and/or provided to laborers, workers, and mechanics employed on a public work project shall be not less than those listed in the 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 JurisdicUon (Contracting Agency) who in turn must request an original Prevailing Rate Schedule form the Bureau of Public Work. Requests may be submitted by: mail to NYSDOL, Bureau of Public Work, State Office Bldg. Campus, Bldg. 12, Rm. 130, Albany, NY 12240; Fax to Bureau of Public Work (518) 485-1870; or electronically 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 pdme 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.labor.state.ny.us. The Commissioner of Labor makes an annual determination of the prevailing rates. This determination is in effect from July 1st through June 30th of the following year. The annual determination is available on the NYSDOL website www.labor.state.ny.us. Payrolls and Payroll Records Every contractor and subcontractor MUST keep original payrolls or transcripts subscribed and affirmed as true under penalty 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 Secudty 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 odginal payrolls, subscribed and affirmed as true under penalty of perjury. The Depadment of Judsdicfion (Contracting Agency) shall receive and maintain such payrolls. In addition, the Commissioner of Labor may require contractors to furnish, with ten (10) days of a request, payroll records sworn to as their validity and accuracy for public work and 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 of business in New York State and the amount of the contract exceeds $25,000.00, payroll records and certifications must be kept on the project worksite. The prime contractor is responsible for any underpayments of prevailing wages or supplements by any subcontractor. All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8, Section 220-a of the Labor Law. All subcontractors engaged by a public work project contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules, shall provide to such contractor a verified statement attesting that the subcontractor has received the Prevailing Rate Schedule and will pay or provide the applicable rates of wages and supplements specified therein. (See NYS Labor Laws, Article 8. Section 220-a). Determination of Prevailing Wage and Supplement Rate Updates Applicable to All Counties The wages and supplements contained in the annual determination become effective July 1st whether or not the new determination has been received by a given contractor. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the public work contractor to use the proper rates. If there is a question on the proper classification to be used, please call the district office located 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 1 st. 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 periods 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 future annual determinations that actually cover the then appropriate July 1st to June 30th time period. Withholding of Payments When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract shall be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b of the Labor Law to so notify the financial officer of the Department of Jurisdiction (Contracting Agency) that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau as suff~cient to satisfy the unpaid wages and supplements, including interest . and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until there is a final determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding is instituted for review of the determination of the Commissioner of Labor. The Department of Jurisdiction (Contracting Agency) shall comply with this order of the Commissioner of Labor or of the court with respect to the release of the funds so withheld. Summary of Notice Posting Requirements The current Prevailing Rate Schedule must be posted in a prominent and accessible place on the site of the public work project. The prevailing wage schedule must be encased in, or constructed of, materials capable of withstanding adverse weather conditions and be titled "PREVAILING RATE OF WAGES" in letters no smaller than two (2) inches by two (2) inches. Every employer providing workers, compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers. Compensation Board in a conspicuous place on the 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 contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the NYS Department of Labor. Apprentices Employees cannot be paid apprentice rates unless they are individually registered in a program registered with the NYS Commissioner of Labor. The allowable ratio of apprentices to journeyworkers in any craft classification can be no greater than the statewide 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 journeyworker's wage rate for the classification of work the employee is actually performing. NYSDOL Labor Law, Article 8, Section 220-3, require that only apprentices individually registered with the NYS Department of Labor may be paid apprenticeship rates on a public work project. No other Federal or State Agency of office registers apprentices in New York State. Persons wishing to verify the apprentice registration of any person must do so in wdting by mail, to the NYSDOL Office of Employability Development / Apprenticeship Treining, 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 the information is requested. The only conclusive proof of individual apprentice registration is written verification from the NYSDOL Apprenticeship Training Albany Central office. Neither Federel 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 progrem. Furthermore, the e~istence or possession of wallet cards, identification cards, or copies of state forms is not conclusive proof of the registration of any pemon as an apprentice. Interest and Penalties In the event that an underpayment of wages and/or supplements is found: Interest shalt be assessed at the rate then in effect as prescribed by the Superintendent of Banks pureuant 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 corporetion or public body for a period of five (5) yeare when: Two (2) willful determinations have been rendered against that contractor or subcontractor and/or its successor within any consecutive six (6) year pedod. There is any willful determination that involves the falsification of payroll records or the kickback of wages or · supplements. Criminal Sanctions Willful violations of the Prevailing Wage Law (Article 8 and Article 9 of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment, or both. Discrimination No employee or applicant for employment may be discdminated against on account of age, race, creed, color, national origin, sex, disability or marital status. No contrector, subcontrector nor any person acting on its behalf, shall by reason of rece, 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 contrector, subcontractor, nor any pereon acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of rec, e, creed, color, disability, sex, or national odgin (NYS Labor Law, Article 8, Section 220- e(b) ). The Human Rights Law also prohibits discrimination in employment because of age, madtal status, or religion. There may be deducted from the amount payable to the contractor under the contract a penalty of $50.00 for each calendar day during which such person was discriminated against or intimidated in violation of the provision of the contract (NYS Labor Law, Article 8, Section 220-e(c) ). The contract may be cancelled or terminated by the State or municipality. All monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of the anti-discrimination sections of the contract (NYS Labor Law, Article 8, Section 220-e(d) ). Every employer subject to the New York State Human Rights Law must conspicuously post at its offices, places of employment, or employment training centers notices furnished by the State Division of Human Rights. Workers' Compensation In accordance with Section 142 of the State Finance Law, the contractor shall maintain coverage during the life of the contract for the benefit of such employees as required by the provisions of the New York State Workers' Compensation Law. A contractor who is awarded a public work contract must provide proof of workers' compensation coverage prior to being allowed to begin work. The insurance policy must be issued by a company authorized to provide workers' compensation coverage in New York State. Proof of coverage must be on form C-105.2 (Certificate of Workers' Compensation Insurance) and must name this agency as a certificate holder. Ir New York State coverage is added to an existing out-of-state policy, it can only be added to a policy from a company authorized to write workers' compensation coverage in this state. The coverage must be listed under item 3A of the information page. The contractor must maintain proof that subcontractors doing work covered under this contract secured and maintained a workers' compensation policy for all employees working in New York State. Every employer providing worker's compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers' Compensation Board in a conspicuous place on the jobsite. Unemployment Insurance Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the New York State Depadment of Labor. David A. Paterson, Governor Town of Southold James McMahon, Director, DPW PO Box 1179 Southold NY 11971 Colleen C. Gardner, Commissioner Schedule Year 2009~rough 2010 Date Requested 05/11~010 PRC# 2010004185 Location Project ID# Project Type Cochran Park Resurface the Roller Hockey rink and re-line the playing surface of the rink 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 Hardman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 www.labor, state.ny, us. PW 16 PWAsk@labor. state.ny.us IMPORTANT NOTIC FOR CONTRACTORS & CONTRACTING AGENCIES Social Security Numbers on Certified Payrolls The Department of Labor is cognizant of the concerns of the potential for misuse or inadvertent disclosure of social security numbers. Identity theft is a growing problem and we are sympathetic to contractors' concerns with regard to inclusion of this information on payrolls if another identifier will suffice. For these reasons, the substitution of the use of the last four diqits 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, into which all State agencies and public benefit corporations enter. Chapter 407 of the Laws of 2005 increased the amount required to be provided to this fund to .10 of one-percent of the total cost of each such contract, to be calculated at the time agencies or public benefit corporations enter into a new contract or if a contract is amended. The provisions of this bill became effective August 2, 2005. To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND OSC will report to DOL on all construction-related ("D") contracts approved during the month, including contract amendments, and then DOL will bill agencies the appropriate assessment monthly. An agency may then make a determination if any of the billed contracts are exempt and so note on the bill submitted back to DOL. For any instance where an agency is unsure ifa contract is or is not exempt, they can call the Bureau of Public Work at the number noted below for a determination. Payment by check or journal voucher is due to DOL within thirty days from the date of the billing. DOL will verify the amounts and forward them to OSC for processing. For those contracts which are not approved or administered by the Comptroller, monthly reports and payments for deposit into the Public Work Enforcement Fund must be provided to the Administrative Finance Bureau at the DOL within 30 days of the end of each month or on a payment schedule mutually agreed upon with DOL. Reports should contain the following information: Name and billing address of State agency or public benefit corporation; State agency or public benefit corporation contact and phone number; Name and address of contractor receiving the award; Contract number and effective dates; Contract amount and PWEF assessment charge (if contract amount has been amended, reflect increase or decrease to original contract and the adjustment in the PWEF charge); and Brief description of the work to be performed under each contract. Checks and Journal Vouchers, payable to the "New York State Department of Labor" should be sent to: ' Department of Labor Administrative Finance Bureau-PWEF Unit Building 12, Room 464 State Office Campus Albany, NY 12240 Any questions regarding billing should be directed to NYSDOL's Administrative Finance Bureau-PWEF Unit at (518) 457-3624 and any questions regarding Public Work Contracts should be directed to the Bureau of Public Work at (518) 457-5589. NEW LEGISLATION Effective February 24, 2008 WORKER NOTIFICATION - A9052 - S6240 This provision is an addition to the existing prevailing wage rate law, Labor Law §220, paragraph a of subdivision 3-a. It requires contractors and subcontractors to provide written notice to all laborers, workers or mechanics of the prevailing wage rate for their particular job classification on eachpay stub*. It also requires contractors and subcontraCtors to post a notice at the beginning of the performance of every public work contract on each job site that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers or mechanics of their right to contact the Department of Labor if he/she is not receiving the proper prevailing rate of wages and/or supplements for his/her particular job classification. The required notification will be provided with each wage schedule, may be downloaded from our website www. labor, state, ny. us or made available upon request by contacting the Bureau of Public Work at 518-457-5589. * In the event that the required information will not fit on the pay stub, an accompanying sheet or attachment of the information will suffice. THIS IS A PUBLIC WORK PROJECT Chapter 629 of the Labor Laws of 2007 Contractor Name: Any worker, laborer, or mechanic employed on this project is entitled to receive the prevailing wage and supplements rate for the classification at which he/she is working. These wages are set by law and must be posted at the work site. They can also be found at www. labor, state, n¥.us If you feel that you have not received proper wages or benefits, please call our nearest office. * Albany (518) 457-2744 Newburgh Binghamton (607) 721~8005 Patchogue Buffalo (716) 847-7159 Rochester Garden City (516) 228-3915 Syracuse New York City (212) 775-3568 Utica White Plains (845) 568-5398 (631) 687-4886 (585) 258-4505 (315) 428-4056 (315) 793-2314 (914) 997-9507 * For New York City govemment agency construction projects, please contact the Office of the NYC Comptroller at (212) 669-4443, www. comptroller, nyc.gov- click on Bureau of Labor Law. Project Location: 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 for every public work contract of at least $250,000.00, contain a provision of this requirement. NOTE: The OSHA 10 Legiskttion does not apply to projects advertised for bid prior to July 18, 2008 AND only applies to workers on a public work project that are required under Article 8 to receive the prevailing wage. Rules and regulations will be promulgated and posted on the NYSDOL website www.labor.state.ny.us when finalize~k Page 1 of 2 Where to find OSHA 10-hour Construction Course I. NYS Department of Labor website for scheduled outreach training at: www.labor.state.n¥.us/workerprotection/safetyhealth/DOSH ONS[TE CONSULTATION.shtm 2. OSHA Training Institute Education Centers: Rochester Institute of Technology OSHA Education Center Rochester, NY Donna Winter Fax (585) 475-6292 e-mail: dlwtpo ~(~.rit.edu (866) 385-7470 Ext. 2919 www.rit.edu/-o utreach/course.php3 ?CourselD--54 Atlantic OSHA Traiuing Center UMDNJ- School of Public Health Piscataway, NJ Janet Crooks Fax (732) 235-9460 e-mail: crooksie~umdni.edu (732) 235-9455 https ://ophp.umdni.edu/wcormectYShow Schedule.awp%-~43ROUP-AOTCON_ 10- Keene State College I~lanchester, NH Leslie Singleton e-mail: lsingletin _(~keene.edu (800) 449-6742 www.keene.edu/courses/prinffcourses osha. cfm List of trainers and training schedules for OSHA outreach training at: www. OutreachTrainers.orE Page 2 of 2 Requirements for OSHA 10 Compliance Chapter 282 of the Laws of 2007, codified as Labor Law 220-h will take effect on July 18, 2008. The statute provides as follows: The advertised specifications for every contract for public work of $250,000.00 or more must contain a provision requiring that every'worker employed in the performance of a public work contract shall be certified as having completed an OSHA 10 safety training course. The clear intent of this provision is to require that all employees of public work contractors receive such training "prior to the performing any work on the project." The Bureau will enforce the statute as follows: All contractors and sub contractors must attach a copy of proof of completion of the OSHA 10 course to the first certified payroll submitted to the contracting agency and on each succeeding payroll where any new or additional employee is first listed. Proof of completion may include but is not limited to: · copies of bona fide course completion card; · training roster, attendance record of other documentation 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 l WICKS Reform 2008 (For all contracts advertised or solicited for bid on or after 7/1/08 Raises the threshold for public work projects subject to the Wicks Law requiring separate specifications and bidding for the plumbing, heating and electrical work. The total project's [hreshold would inCrease from $50,000 to: $3 million in Bronx, Kings, New York, Queens and Richmond counties; $1.5 million in Nassau, Suffolk and Westchester counties; and $500,000 in all other counties. For projecls below the monetary threshold, bidders must submit a sealed list naming each subcontractor for the plumbing, HVAC and electrica! work and the amount to be paid to each. The list may not be changed unless the public owner finds a legitimate construction need, including a change in specifications or costs or use ora Project Labor Agreement (PLA), and must be open to public inspection. Allows the state and local agencies and authorities to waive the Wicks Law and use a PLA if it will provide the best work at the lowest possible price. If a PLA is used, all contractors shall participate in apprentice training programs in the trades of work it employs that trove been approved by the Department of Labor (DOL) for not less than three years. They shall also have at [east one graduate in the last three years and use affirmative efforts to retain minority apprentices~ PLA's would be exempt from Wicks, but deemed robe public wo[k subject to prevailing wage enforcement. The Commissioner of Labor shall have the power to enforce separate specification requ foments on Projects, and may issue step-bid orders against public owners for non-compliance. Other new m~ne~r':/thresholds, and Similar sealed bidding for non-Wicks projectsi would :apply to certain public authorities including municipal housing authorities, NYC Construction Fund, Yonkers Educational ~nstruction Fund, NYC Mun!Opal water Finance Authority, Buffalo Municipal Water Finance AUthority, westchester County Hea th care AssoCiation, Nassau COunty Health Care Corp, Clifton-Fine Health Care Corp., Ede County Medical Center Corp., NYC Solid Waste Management Facilities, and the Dormitory Authority. Reduces from 15 to 7 days the period in which contractors must pay subcontractors. 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 o/Hours (PW30) in place on the project AND You MUST register your intent to work 4 / 10 hour days, by completing the PW30R Form. REMEMBER... The '4 Day / 10 Hour Work Schedule' applies ONLY to Job Classifications and Counties listed on the PW30R Form. (Please note: For each Job Classification check the individual wage schedule for specific details regarding their 4/10 hour day posting.) PW3OR-Notice N¥SO0/Bureau of Public Work :1 of ! 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 Le§al 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) Project Information: · Enter the Prevailing Rate Case number (PRC#) assigned to this project · Enter the Project Name / Type (i.e. Smithtown CSD - Replacement of HS Roof) · Enter the Exact Location of Project (i.e. Smithtown HS, 143 County Route #2, Smithtown,NY; Bldgs. ! & 2) · If you are a Subcontractor, enter the name of the Prime Contractor for which you work · On the Checklist of Job Classifications - o Go to pages 2 and 3 of the form o Place a checkmark in the box to the right of the Job Classification you are choosing o Mark all Job Classifications that apply Requestor Information: · Enter the name of the person submitting the registration, their title with the company, and the date the registration is filled out Return Completed Form: · Mail the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work, SOBC - Bldg.12 - Rm.130, Albany, NY 12240 -OR- · Fax the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work at (518)485-'(870 PW3OR-Instructions NYSDOL Bureau of Public Work ! of 1 New York State Department of Labor Bureau of Public Work W. Averel[ 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 D/spensat/on 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 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 Bureau of Public Work at (518) 485-1870 Company Name: Address: FEIN: City: State: Zip Code: Phone Number Fax Number: Email Address: Contact Person: Phone No: Fax No: Email: Project PRC#: Exact Location of Project: Project Name/Type: (if you are Subcontractor) Prime Contractor Name: County: Job Classification(s) to Work 4/10 Schedule: (Choose all that apply on Job Classification Checklist - Paqes 2 & 3) Name: Title: Date: PW-30R (05-10) 1 of 3 Job Classification Checklist (Place a checkmark by all classifications that will be using the 4/10 schedule) Electrician 25m Nassau, SUffblk Cayuga, Chenango, Cortland, Herkimer, Madison, Oneida, Electrician 43 Onondaga, Oswego, Otsego, Tompkins, Wayne E ectr dan 8~0Te!~i~ ~a~ug~;~b~a~a;~t~i0ise~e~; Wa~ Yal~eS ~enesee, Livingston, Monroe, Ontario, Orleans, Wayne, ~tectrician 86 Nyoming Electricia~ Lineman ~0~gLinff/Ga~ NaSsau; su[fol~ Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Electrician Lineman 1249a Ulster, Warren, Washington, Wayne, Wyoming, Yates ~elUm~ia' Delaware~ Du~cEess' Greene; Orange; Putnam~ :levator C0nst~ctor ; 138 ~llegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Elevator Constructor 14 :Orleans, Wyoming Albany, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Hamiliton, Herkimer, Montgome~, Oneida, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, Elevator Constructor 35 Washington Elevator Constructor Jefferson, Lewis, Livingston, Monroe, Ontario, Seneca, St. ~lazier 677.1 Lawrence, Wayne, Yates Insulator ~ Neat & F~b~ PW-30R (05-10) NYSDOL Bureau of Public Work 2 of 3 Job Classification Checklist (Place a checkmark by all classifications that will be usin§ the 4/10 schedule) F~nkli~; ~:s~i ]effe~i ~i~i LiVi~g~t0~ ~o~roe, Oecons~rUcti0n, Demolition 601 Wy0~!~g, Y~b~ ::: Allegany, Chemung, Genesee, Livingston, Monroe, Operating Engineer - Heavy& Highway 832H Ontario, Schuyler, Steuben, Wayne, Yates Painter 178 B Broome, Chenango, Tioga Painter 178 E Chemung, Schuyler, Steuben Painter 178 O Delaware, Otsego Cayuga, Herkimer, Lewis, Madison, Oneida, Onondaga, Painter 31 Ontario, Oswego, Seneca o,,e,o 4-guf, Nia, Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Painter Olean Livingston, Niagara, Orleans, Steuben, Wyoming Sheetmetal Worker 46 Livingston, Monroe, Ontario, Seneca, Wayne, Yates ~eamste~: ~,Heavy~High~y :; ~9~/h ~g't~ ~llegany, Cayuga, Cortland, Seneca, Steuben, Tompkins, Teamster -Heavy&Highway 317a.hh Wayne, Yates PW-30R (05-10) NYSDOL Bureau of Public Work 3 of 3 Prevailing Wage Rates for 07/01/2009 06/30/2010 Published by the New York State Depadmen[ of Labor Last Pubtished on May 01 2010 PRC Number 2010004185 Introduction to the Prevailing Rate Schedule Information About Prevailing Rate Schedule This information is provided 1o assist you in the interpretation of padicular requirements for each classification of worker contained in the attached Schedule of Prevailing Rates Classification It is the duty of the Commissioner of Labor to nake the proper classification of workers taking into account whether lhe work is heavy and highway, building, sewer and water tunne work, or res den a, and to make a determination of wages and supplements lo be paid or provided It is the responsibilityof the public work con fac or o use the proper rate. If there is a uestion on the ro er classifi ' used, please cafi the district office located nearest the project District office locations and phoneq numbers are lisPle~below cabon to be Prevailing Wage Schedules are issued separately tor "General Construction Projects" and "Residential Construction Projecls" on a county- by county basis. General Construclion Rates apply to projecls such as: Buildings, Heavy & Highway, and Tunnel and Water & Sewer rates. Residential Construction Rates general y app y to cons ruc on reconstruction, repa r, aeration or demolition of one family, two tamily, row housing, or rental type units intended tor resident a use ' Some rates listed in the Residential Cons uc on Ra e $chedu e have a very limited appficabili y listed along with the rate Rates for occupations or locations not shown on the residential schedu e must be obtained from the General Conslruction Rate Schedule Please contacl the local Bureau of Public Work office before using Residential Rate Schedules, to ensure that the project meets the required criteria Paid Holidays Paid Holidays are days for which an eligible emp oyee rece yes a regular day's pay but is not requ red to perform work. ff arq emplo ee works on a day listed as a pa d holiday this remuneration is in addition to payment of the required prevailing rate for the work actually performed ' Overtime At a I~inlmum all work performed on a public work project in excess of eight hours in any One day or more than five days in any workweek s overtime. However the specific over ] e requiremen s for each trade or ocoupa on on a public work project may differ. Specific overtime requirements for each trade or occupation are contained in the prevailing rate schedules. Ovedime holiday,pay is the premium pay a is required for work performed on specified holidays. It is only required where the employee actually performs work on such holidays OVERTIMEThe applicable PAY holidays section are listings listed for under each HOLIDAYS classification. OVERT ME The required rate of pay for these covered holidays can be found in the Supplemental Benefits Particular attention should be given to the supp emental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some c assifications require he payment or provision of supplements for each hOUr paid (including pa~(] holidays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. Effective Dates When you review lhe schedule for a particular occupation your attention shou d be directed to the dates above the column of rates T ~ar..e,..t?~e.da,t..e_s fo,r w,hi,ch, a giv.e.n set o( rates is effective. Ti~e rate lis ed s valid unlil the next effective rate chanqe or until the n~w u~t~/lllll]a[Ion W[llCf] (aKes en'ect on July 1 of each ear All contract r ............ of wa es and su I - y ' o s and subcontractprs are reqqlr~d to ay the current prevailin rales . . g . . . pp ements. If you have any ques ons please contact the Bureau of Public Work or visit the I~ew York State Departr~gent of LaDOr weus~te (www.labor.state.ny.us) for current wage rate information. Apprentice Training Ratios The following are the allowable ratios of registered Apprentices to Journey-workers. For example the ratio 1:t 1:3 ind ca es the al owab e n t al ratio is one Apprentice to one Journeyworker. The Joumeyworker must be in place on the project before an Appren ice is a owed Then three additiona/Journeyworkers are needed before a second Apprentice s allowed. The last ratio repeats indefinitely. Therefore, three more Journeyworkers must be present before a third Apprentice can be h red aqd so on. . Please call Apprentice Training Central Office at (518) 457-6820 if you have any questions. Title (Trade) Boilermaker (Construction) Boilermaker (Shop) Carpenter (BIdg.,H&H, Pile DrivedDockbuilder) Carpenter (Residential) Electrical (Outside) Lineman Ratio Page 24 Prevailing Wage Rates for 07/0112009 - 06130/2010 Last Published on May O1 2010 Published by the New York State Depar[ment of Labor PRC Number 2010004185 Electrician (Inside) 1:1,1:3 Elevator/Escalator Construction & Modernizer 1:1,1:2 Glazier 1:1,1:3 Insulation & Asbestos Worker 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 & Steamfitter 1:1,1:3 Roofer 1:1,1:2 Sheet Metal Worker 1:1,1:3 Sprinkler Fitter 1:1,1:2 If you have any questions concerning the attached schedule or would like addifional information, please conlact the nearest BUREAU of PUBLIC WORK District Office or write to: New York State Department of Labor Bureau of Public Work State Office Campus, Bldg. 12 Albany, NY 12240 District Office Locations: Bureau of Public Work - Albany Bureau of Public Work - Binghamton Bureau ol Public Work - Buffalo Bureau of Public Work - Garden City Bureau of Public Work - Newburgh Bureau of Public Work - New York City Bureau of Public Work - Patchogue Bureau of Public Work - Rochester Bureau of Public Work - Syracuse Bureau of Public Work - Utica Bureau of Public Work - White Plains Bureau of Public Work - Central Office Telephone # 518~457-2744 607-721-8005 716-847-7159 516-228-3915 845-568-5287 212-775-3568 631-687-4883 585-258-4505 315-428-4056 315-793-2314 914-997-9507 518-457-5589 FAX# 518-485-0240 607-721-8004 716-847-7650 516-794-3518 845-568-5332 212-775-3579 631-687-4904 585-258-4708 315-428-4671 315-793-2514 914-997-9523 518-485-1870 Page 25 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County Suffolk County General Construction Asbes{os Worker 05/0112010 JOB DESCRIPTION Asbestos Worker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per bour: 07/01/2009- Abestos Worker Removal & Abatement Only* 11/30/2009 $32.95 DISTRICT 9 12/01/2009 11/30/2010 +Additional $3.00'* NOTE: *On Mechanical Systems that are NOT to be SCRAPPED **Increase to be allocated at a later date SUPPLEMENTAL BENEFITS Abestos Worker Removal & Abatement Only $9.15 OVERTIME PAY See (B, B2, K) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overlime: See (5, 6) on HOLIDAY PAGE NOTE: Easter Paid at Time and One-half IF worked REGISTERED APPRENTICES App:entice Removal & Abatement Only: 1000 hour terms at the following percentage of Journeyman's rates. 1st 2nd 3rd 4th 78% 80% 83% 89% Supplemental Benefits: (per Hour worked} Apprentice Removal & Abatement Only $9.15 9-12a - Removal Only Boilermake~ : 05i0~i~0~0 WAGES Per Hour: Boilermaker Repairs & Renovation SUPPLEMENTAL BENEFITS Per Hour: BoilerMaker JOB DESCRIPTION Boilermaker DISTRICT 4 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rock,and, Suffolk, Sullivan, Ulster, Westchester 07/01/2009 $ 45.89 45.89 07/01/2009 48% of Hourly Wage Paid + $ 8.07 Repairs & Renovation* NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay. ame as Boilermaker (Includes rep acement of pads and repairs & renovation of an existing unit). OVERTIME PAY Page 26 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Last Published on May 01 2010 Published by the New York State Depariment of Labor PRC Number 2010004185 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 to receive Holiday Pay. **Boilermarker gets 4 times the hourly wage rate for working on Labor Day. ***Repairs & Renovation see (B,E,Q) on HOLIDAY PAGE REGISTERED APPRENTICES (1/2) Year Terms at the following pecentage of Boilermaker's Wage 1st 2nd 3rd 4th 5th 6th 7th 8th 65% 65% 70% 75% 80% 85% 90% 95% Supplemental Benefits Per Hour: 07t01/2009 Boilermaker 48% of Houdy Apprentice(s) Wage Paid + $ 8.O7 Repairs & Renovation* Apprentice(s) $48% of Hourly Wage Paid + $ 8.07 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay. *Includes replacement of pads and repairs & renovat on of an existing unit. 4-5 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Westchesler PARTIAL COUNTIES Orange: South of but including the following, Waledoo Mills, SlateHill, New Hamplon, Goshen, Blooming Grove, Mountainville, east to the Hudson River. Putnam: South of but including the following; Cold Spring, TompkinsComer, Mahopac, Croton Falls, east to Conneclicut border. Suffolk: West of Pod Jefferson and Patchoque Road to Route 1t2 tothe Atlantic Ocean. WAGES Per hour: 07/01/2009 10/17/2009 Additional Core Drilling: Driller $ 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 to work on water: an additional $ 0.50 per hour. * May be allocated between wages and benefits. SUPPLEMENTAL BENEFITS Per hour paid: Driller $15.31 Assistant 15.31 Page 27 Prevailing Wage Rates for 07/0112009 - 06/30/2010 Last Published on May 01 2010 Published by the New Yerk State Department of Labor PRC Number 2010004185 Suffolk County OVERTIME PAY OVERTIME: HOLIDAY HOLIDAY: Paid: Overtime: See (B,E,K*,P,R**) on OVERTIME PAGE. See (5,6) on HOLIDAY PAGE. * See (5,0) on HOLIDAY PAGE ** See (8,10,11,13) on HOLIDAY PAGE Assistant: One (1) year ~ncrements at the following percentage of Assistant wages This is not an apprenticeship for Driller. 1st Year 2nd Year 3rd Year 4th Year 70% 80% 90% 100% 9-1536-CoreDriller Carpenter 05/01/2010 JOB DESCRIPTION Carpenter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per Hour: 07/01/2009 07/01/2010 Additional Timberman $ 40 50 $ 3.53* SUPPLEMENTAL BENEFITS Per hour paid: Timberman $ 40 62 *May be allocated between wages and benefits. OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprentices Overtime: REGISTERED APPRENTICES Wages per hour is Pecentage of Journeymans Wage. ( 1 ) year terms: 1st 2nd 40% 50% See (18,19) on HOLIDAY PAGE. See (5,6,1t ,13,16,18,19,25) See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. 3rd 65% DISTRICT 9 4th 8O% Supplemental benefits per hour: Apprentices $ 25.14 9-1536 JOB DESCRIPTION Carpenter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: Building 07/01/2009 07/01/2010 Additonal Page 28 DISTRICT 9 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Last Published on May 01 2010 Published by the New York State Department of Labor PRC Number 2010004185 Suffolk County Millwright $ 44.24 *May be allocated be[ween wages and benefits SUPPLEMENTAL BENEFITS Per hour paid: Millwright $ 44.75 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: Paid: for 1st & gnd yr. Apprentices Overtime REGISTERED APPRENTICES Wages per hour is Pecentage of Journeymans wage (1) year terms: 1st. 2nd. 55% 65% See (18,19) on HOLIDAY PAGE. See (5,6,11,13,16,18,19,25) See (5,6,11,t 3,16,18,19,25) on HOLIDAY PAGE. 3rd. 4th. 75% 95% $ 3.62* Supplemental benefits per hour: (1) year terms: 1st. 2nd. 3rd. 4th. $28.19 $31.29 $35.51 $40.62 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2009 Marine Construction: Marine Diver $ 56.32 M.D.Tender 40.17 SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 40.86 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprentices Ovedime: 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. REGISTERED APPRENTICES Wager per hour is Percentage of Journeymans Wage (1) year terms: Page 29 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County 1st 2nd 3rd 4th 40% 50% 65% 80% Supplemental benefits per hour: Apprentices $ 26.97 9~1456MC Carpenter 05/01/2010 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2009 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 1st & 2nd yr. Apprentices Ovedime: $ 38.58 See (18, 19)on HOLIDAY PAGE See (5,6,11,13,16,18,19,25) See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour is Pecentage of Journeymans Wage (1) year terms: lsh 2nd. 40% 50% 3rd. 4th. 65% 80% Supplemental benefits per hour: Apprentices $ 25.83 9-2287 JOB DESCRIPTION Carpenter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Weslchester WAGES Per hou r: 07/01/2009 07/01/2010 Additional Piledriver $ 44.61 $ 3.72* Dockbuitder 44.61 372* SUPPLEMENTAL BENEFITS Per hour paid: Page 30 DISTRICT 9 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Lasl Published on May 01 2010 Published by the New York State Department of Labor PRC Number 2010004185 Suffolk County Journeyman $ 4086 * May be allocated between wages and benefits. OVERTIME PAY See (B, E2, O) on OVERTIME PAGE HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprentices Overtime: REGISTERED APPRENTICES Wages per houris Pecentage ot Journeymans Wage (1)year terms: 40% 5O% Supplemental benefits per hour: 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% Apprentices $ 26.97 9-1456 Carpenter, Building / Heavy&H ghWay JOB DESCRIPTION Carpenter - Building / Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: Building Carpenter Heavy Highway Carpenter SUPPLEMENTAL BENEFITS Per Hour: 07/01~009 $ 37.21 $ 37.21 07~1~009 DISTRICT 4 Both Carpenter Categories $ 30.29 OVERTIME PAY See (B. E, Q) on OVERTIME PAGE HOLIDAY Paid: See (18, 19) on HOLIDAY PAGE Overtime: See (5, 6, 16, 23, 24, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(1 ) Year Terms at the following pecentage ol~ Joumeymans Wage 1st 2nd 3rd 4th 40% 55% 65% 75% Supplemental Benefits Per Hour: 07/01/200g All Apprentice Terms $17.38 4-Reg. Council Nass/Suff Page 31 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Last Published on May 01 2010 Published by the New York State Department of Labor PRC Number 2010004185 Suffolk County JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2009 Tree Trimmer/ Line Clearance Specialist $ 26.46 DISTRICT 4 NOTE: This Rate For Line Clearance Only. SUPPLEMENTAL BENEFITS Per Hour: Tree Trimmer/ Line Clearance Specialist 07/01/2009 20.5% of Hourly Wage Paid + $ 5.48 NOTE: "Houdy Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, E, P) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 8, 16, 23, 24, 25, 26) on HOLIDAY PAGE NOTE: Time and One Half the Hourly Rate plus Holiday Pay if Worked 4-1049/Tree Electrician 05/01/2010 JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: Telephone & Intergrated Tele- Data Sytems Electrician 07/01/2009- 06/01/2010 $ 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: Electrician 07/01/2009- 06/01/2010 05/31/2010 15.5% of Hourly 15.5% of Hourly Wage Paid + Wage 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 HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE Eiesi~ibian 4-25tela JOB DESCRIPTION Electrician DISTRICT 4 Page 32 Prevailing Wage Rates for 07/01/2009 - 06130/2010 Last Published on May 01 2010 Published by the New York State Depadment of Labor PRC Number 2010004185 Suffolk County ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/200g- 06/01/2010 05131/20'10 Electrcian Electrical Maintenance $ 36.70 $ 37.70 "PLEASE NOTE" Applicableto"EXISTING ELECTRICAL SYSTEMS"including, bu~notlimitedto TRAFFIC SIGNALS & STREET LIGHTING. Notused ~r addons. ** IMPORTANT NOTICE - EFFECTIVE 04/01/2009 ** Four (4), ten (10) hour days may be worked at straight time during e week, Monday thru Thursday, with one-half (1/2) hour allowed for a lunch period. NOTE - In order to use the '4 Day/10 Hour Work Schedule,' you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30R; additionally, there must be a dispensation of hours in place on the project. SUPPLEMENTAL BENEFITS Per Hour: Electrcian 12% of Hourly Wage Paid + $14.40 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, E2, H)on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Term(s) at the following Percentage of Journeyman(s) Wage: 1st Yr 2nd Yr 3rd Yr 4th Yr 5th Yr 40% 50% 60% 70% 80% 12% of Hourly Wage Paid + $14.94 Supplemental Benefits per hour Apprentice(s) 12% of Hourly Wage Paid + $12.46 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay 12% of Hourly Wage Paid + $12.65 4-25m JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: ElectricianNVireman HVAC Controls Fire Alarms (Iow volt included) 07/0112009 $ 45.75 45.75 45.75 DISTRICT 4 Page 33 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County PUMP & TANK WORK Electrcian/Wireman $ 35.20 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 Electrcian/Wireman 16.0% of Hourly (all catagories) Wage Paid + $ 2269 NOTE: "Hourly Wage Paid" shall include any and all premium(s) OVERTIME PAY See (B, £, Q)on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at the following Percetage of Journeyman(s) Wage 1 st 2nd 3rd 4Ih 5Ih 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 Paid + $ 6.79 3rd Term 16.0% of Hourly Wage Paid + $10.21 4th Term 16.0% of Hourly Wage Paid + $11.35 5th Term 160% of Hourly Wage Paid + $13.61 6th Term 160% of Hourly Wage Paid + $15.88 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay 4-25 JOB OESCR. IPTION Electrician Lineman ENTIRE COUNTIES Nassau, Queens, Suffolk WAGES For Utility Distribution & Transmission Line Construction Per Hour: 07/01/2009- 04/03/2010 04/04/2010 DISTRICT 4 Page 34 Prevailing Wage Rates for 07/01/2009 - 06/3012010 Last Published on May 01 2010 Published by the New York State Department of Labor PRC Number 20~0004185 Suffolk County Lineman/Splicer $ 43.35 $ 45.52 Marerial Man 37.71 39.60 Heavy Equip. Operator 34.68 36.42 Groundman 26.01 27.31 Flagman 19,51 20.48 Undergrond Natural Gasline Mechanic (2" or Less) 07/01/2009- 05/31/2010 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 at straight time during a week, Monday thru Thursday. NOTE - In order to use the '4 Day/10 Hour Work Schedule,' you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30R; additionally, there must be a dispensation of hours in place on the project All Classifications SUPPLEMENTAL BENEFITS Per Hour: Utility Distribution & Transmission Line Construction 07/01/2009- 04/04/2010 04/03/2010 24.5% of Hourly 25% of Hourly Wage Paid + Wage Paid + $ 6.95 $ 7.19 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay Underground Natural Gas Mechanic Journeyman U.G.Meci~. 07~1~009- 0~01~010 05~1~010 $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 at the following Percentage of Journeyman's Wage. lsL 2nd. 3rd. 4th. 5th. 6th. 7th. 60% 65% 70% 75% 80% 85% 90% 4-1049 Line/Gas JOB DESCRIPTION Elevator Constructor ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk PARTIAL COUNTIES Rockland: Entire County except for the Township o1 Stony Point Page 35 DISTRICT 9 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County Westchester: Entire County except for the Townships of Bedford, Lewisboro, Codland, Mt Kisco, Nodh Salem, Pound Ridge, Somers and Yorktown WAGES Per hour: 07/01/2009- 03/17/2010 03/16/2010 Elevator Constructor $ 49.78 $ 51.47 Elevator Modernization & Service/Repair $ 3965 $ 40 93 SUPPLEMENTAL BENEFITS Per hour: 07/01/2009- 03/17/2010 03/16/2010 Elevator Constructor $ 25 12 $ 26 44 Modernization & Service/Repair OVERTIME PAY Constructor. See ( C, O ) on OVERTIME PAGE. Modern/Service See ( B, H ) on OVERTIME PAGE $ 2456 $ 2586 HOLIDAY Paid: See (5, 6, 9. 11, 15, 16, 25) on HOLIDAY PAGE Overtime: See (5.6, 9. 11, 15, 16, 25)on HOLIDAY PAGE REGISTERED APPRENTICES WAGES: Per Hour 07/01/2009- 03/16/2010 One (1) year terms at the following Percentage of Elevator Constructor Houdy Rate t st Term 50% 50% 2nd Term 55% 55% 3rd Term 65% 65% 4th Term 75% 75% Modernization & Service/Repair: 1 st Term 50% 50% 2nd Term 55% 55% 3rd Term 65% 65% 4th Term 75% 75% Supplemental Benefits per hour paid: Elevator Constructor: 1 st Term 2nd Term 3rd Term 4th Term $ 20.04 $ 20.96 $ 21.88 $ 22.70 Modernization & Service/Repair: 1st Term 2nd Term 3rd Term 4th Term $ 20.32 $ 20.66 $ 21.53 $ 22.39 03/17/2010 $ 21.55 $ 22.14 $ 23.85 $ 24.05 $ 21.48 $ 21.82 $ 22.72 $ 23.61 91 Page 36 Prevailing Wage Rates for 07/01/2009 06/30/2010 Last Published on May 01 2010 Published by the New York State Depadment of Labor PRC Number 2010004185 Suffolk County JOB DESCRIPTION Glazier DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester WAGES Per hour: 07/01/200g- 05/01/2010 04/30/20' 0 Glazier $ 46.60 Additional $ 3.45/hour* Scaffolding $ 47.60 Additional $ 3.45/hour* Repair & Maintenance: Glazier $ 25,85 Additional $1,00/hour* *Increase to be allocated at a later date Repair & Maintenance All repair & maintenance work on a padicular building, whenever performed, where the total cumulative contract value is under $100,000.00. SUPPLEMENTAL BENEFITS Per hour paid: Journeyman .... $ 24.69 Glazier Repair & Maintenance**: OVERTIME PAY OVERTIME: $14.04 See (C*,D*O) on OVERTIME PAGE. * Denotes if an optional 8th hour is required same will be at the regular rate of pay. If 9th hour is worked then both hours or more ( 8th and 9th or more ) will be at the double time rate of pay. ** For Repair & Maintenance see ( B,F, P) on overtime page. HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: 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 Wage per hour: (1) year terms at the following wage rates. 1st term... $15.65 40% of Journeymans wage 2nd term... $ 23.33 50% .......... 3rd term... $ 28.85 60% .......... 4th term... $ 37.29 80% ............ Supplemental Benefits: (Per hour worked) 1st term .... $11.42 2nd term .... $16.63 3rd term .... $18.24 4th term .... $ 21.47 9-1281 (DC9 NYC) Page 37 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PBC Number 2010004185 Suffolk County Insulator - Heat 8, Frost 05/01/2010 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) $ 5451 $ 2 00/hr DISTRICT 9 SHIFT WORK: 2nd Shift: Same wage and regular rate 3rd Shift: 14% premium on wage and benefits SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 01/05/2010 Insulator(s) $ 2411 OVERTIME PAY See (C, O, V) on OVERTIME PAGE Wage and benefits for 8th Hour 1o be paid at time and one half HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: Apprentice Insulator(s) 1 year terms at the [ollowin9 percentage of Journeyman's rates. lsf 2nd 3rd 4th 40% 60% 70% 80% 01/06/2010 $ 2411 Supplemental Benefits per hour: Apprentice Insulator(s) Use same % as for Wage of $2411 9-12 JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchoster WAGES Wages: (Per Hour) 07/01/2009 Page 38 DISTRICT 9 Prevailing Wage Rates for 07101/2009 - 06/3012010 Published by the New York State Department of Labor Last Published on May 01 2010 PRC Number 2010004185 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 (9th) and tenth (10th) hours of work)and double time shall be paid for all work thereafter, ** Time and one-half shall be paid for all work on Saturday up to eight (8) hours and double time shall be paid for ail work thereaSer. HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6, 8, 18, 19) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (Per Hour) Six (6) monlh terms at the following wage rate. 1st 2nd 3rd 4th 5th 6th $21.82 22.42 23.02 23.02 23.02 23.02 Supplemental Benefits: (Per Hour) 07/01/2009 $ 37.85 9-40/361-Str JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk. Weslchester PARTIAL COUNTIES Rock[and: Southern Section WAGES Per hour: 07/01/2009 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 of ten (10)hours shall be paid at double wage. Page 39 DISTRICT 9 Prevailing Wage Rates for 07/01/2009 - 06f30/2010 Published by the New York State Department of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County HOLIDAY Paid: Overtime: REGISTERED APPRENTICES Wa9e per hour: (1) year terms at the 1ollowing wage rates: 1st $ 28.55 Supplemental Benefits 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.I5 $ 38.21 2nd 3rd $ 24.21 $ 25.36 9-46Reinf Ironworker 05/0112010 JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per 8our: 07/01/2009 DISTRICT 8 Ornamental $ 39.85 Chain Link Fence $ 39.85 Guide Rail Installation $ 3985 Shfft Work: Minimum duration of 5 days Monday thru Friday: When two or three sh frs are employed, each shift shall work 7 hour days and be paid for 10 1/2 hours. Shifts not completing the full 7 hours shall be paid 1 1/2 times the straight time rate for the hours worked. Monday thru Friday: (Guardrail & Sign work only) When two or hree sh fts are employed, each shift shall work 7 hours and be paid for 9 hours. Shifts not completing the full 7 hours shall be paid at 1 1/2 times the straight rate for hours worked. OVERTIME PAY OVERTIME: Saturday, Sunday, Holidays: When two or three sh fts are employed, each shift shall work 7 hour days and be paid for 15 3/4 hours. Shifts not completing the full 7 hours shall be paid 2 1/4 times the straight-time rate for the hours worked. SUPPLEMENTAL BENEFITS Per hour paid: 07/01/2009 $36.17 See (A*,D1,E**,Q,V) on OVERTIME PAGE. *Time and one-haft shall be paid for ali work in excess o1 seven (7) hours at the end of a work day to a maximum of [wo (2) hours on any regular work da (8th & 9th hours of work) and double time shall be paid for all work thereafter. **T me and one-half sba be paid for all work on Saturday up to seven (7) hours and double time shall be paid for all work thereafter. HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES 1st term represents first 1~ months, ~herea[ler (1/2) year terms at the following percentage of Journeyman's wage. APPRENTICES: 1st 2nd 3rd 4th 5th 6th 50% 50% 55% 60% 70% 80% Suppfemental Benefits per hour paid: Page 40 Prevailing Wage Rates for 07101/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County 07/01/2009 APPRENTICES: 1st Term $ 28.69 2nd Term 28.69 3rd Term 29.41 4th Term 30.33 5th Term 31.55 6th Term 32.97 9-580-Or Ironworker 05/01/2010 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 to be allocated at a later date SUPPLEMENTAL BENEFITS Journeyman 07/01/2009 07/01~010 OVERTIME PAY OVERTIME $ 27.03 See (A*,D1,E**,Q,V)on OVERTIME PAGE. $ 27.O3 *Time and one-half shall be paid for all work in excess of seven (7) hours at the end of a work day to a maximum of two hours on any regular work day (the eighth (8th) and ninth (9) hours of work) and double time shall be paid for all work thereafter, **Time and one-half shall be paid for all work on Saturday up to seven (7) hours and double time shall be paid for ail work thereafter, HOLIDAY Paid: See (t) on HOLIDAY PAGE Overtime: See (5, 5, 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 time rate of pay. **Double lime rate of pay. ***Work stops at schedule lunch break with full day's pay, REGISTERED APPRENTICES Wage per hour: (1/2) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 50% 70% 80% 90% 90% Supplemental benefits per hour paid: Registered Apprentice 1st year 50% of journeyman's rate All others 75% of journeyman's rate 9*197D/R La~brer ~ Bdii~i~cl Page 41 Prevailing Wage Rates for 07/01/2009 - 06130/2010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County JOB DESCRIPTION Laborer- Building ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: Building Laborer Asbestos Abatement Worker (Re Roofing see Roofer) 07/01/2009 $ 31.85 $ 31.50 SUPPLEMENTAL BENEFITS Per Hour: Building Laborer Asbestos Worker 07/01/2009 $ 2251 $ 11.60 OVERTIME PAY See (A, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Regular Hours Work Terms (Not Available for Abatment Work) TERM #1 1 hrto 1000hrs TERM #2 1001hrs to 2000hrs TERM #3 2001hrs to 3000hrs TERM #4 3001hrs 1o 4000hfs Wages per hour: APPRENTICES (Not Allowed 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 fi4 17 77 DISTRICT 4 4-66 JOB DESCRIPTION Laborer- Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Laborer (Heavy/Highway): GROUP # 1: Asphalt Rakers, Concrete Curb Formsetters. GROUP # 2: Asphalt Shovelers, Roller Boys and Tampers. GROUP # 3: Basic Laborer, Power Tool(Jackhammer), Landscape Construction, Traffic Control Personnel#aggers). 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 May 01 2010 PRC Number 2010004185 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 Forty (40)paid Hours in a work Week OVERTIME PAY See (B, E2, F) on OVERTIME PAGE NOTE: NOTE: HOLIDAY Paid: Ovedime: $1592 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 Hazardous Material Work add an Additional 10% of Hourly Rate See (1) on HOLIDAY PAGE See (1) on HOLIDAY PAGE REGISTERED APPRENTICES One (1) Year Terms al the following Pecentage of the Journeyman's Wage 1st 2nd 80% 90% Supplemental 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: Brick/Blocklayer SUPPLEMENTAL BENEFITS Per Hour: Brick/Block Layer 07/01/2009 $ 48.50 07/01/2009 $ 22.04 DISTRICT 9 OVERTIME PAY See (A, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES (800 hour) Terms at the following Percentage of Joumeymans Wag6: 1st 2nd 3rd 4th 5th 50% 60% 70% 80% 90% Page 43 Prevailing Wage Rates 1or 07101/2009 - 06~30~2010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County Supplemental Benefits per hour: All Apprentices $13.11 9-1Brk Mason - Buildinq: 05/01/2010 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 Journeyman $ 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 ) lerms at the following percentages of journeyman's wage 1st 2nd 3rd 4th 5th 6th 50% 55% 65% 70% 75% 85% Supplemental Benefits: (per hour paid) (750) hour terms at the followin9 percentages of journeyman's wage: Apprentices. 1st 2nd 3rd 4th 5th 6th 50% 55% 65% 70% 75% 85% 7th 8th 90% 95% 7th 8th 90% 95% 9-7/88-tf JOB DESCRIPTION Mason - Building ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queeqs, Richmond, Sutfolk, 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: Ovedime: See (*5, 6, 11, 15) on HOLIDAY PAGE See (5, 6, 11, 15)on HOLIDAY PAGE Page 44 DISTRICT 9 Prevailing Wage Rates tot 07/01/2009 - 06/30/2010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County * Journeymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance and 1ST three erms o[ Apprent cos see ( 5, 6 11 15 )on HOLIDAY PAGE. All others See ( 1 ) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (per hour worked) Polisher: 900 hour terms at the following percentage of Journeyman's wage Term: 1st 2nd 3rd 4th Hours: 1- 901- 1801 2701 900 1800 2700 3600 70% 80% 90% 100% Finisher: 750 hourtem~s atthe following percentage of Journeyman's wage. Term: 1st 2nd 3rd 4th 5th 6th 7th Hours: 1- 751 1501- 2251- 3001 3751- 4501- 750 1500 2250 3000 3750 4500 5250 70% 74% 78% 82% 88% 96% 100% Supplemental Benefits: (per hour worked) Polisher: 07/01/2009 Term wage%of $6.50 plus $13.30 Finisher: $10.47 9-7/24 ; : 05/0~72010 JOB DESCRIPTION Mason - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmend, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2009 Building: Tile Set, ers $ 46.83 Shift Work: 12:01am Monday- 12:00midnight Fdday $ 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 07/01/2009 06/30/2010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County Ovedime: REGISTERED APPRENTICES Wage per hour: (750 hr)teri~s at the following wage rates. Term: 1st 2nd Hours: 1- 751 750 1500 Wages: $22.73 25.18 See (5, 6, 8, 10, 11, 15, 16) on HOLIDAY PAGE 3rd 4th 5th 1501- 2251- 3001- 2250 3000 3750 29.93 32.26 34.72 Supplemental Benefits per hour paid: Term: 1st 2nd 3rd 4th 5th Hours: 1 751 1501 2251 3001 750 1500 2250 3000 3750 Supps $1200 1303 15 23 16.37 17,38 6th 7th 8th 9th 3751 4501- 5251 6001- 4500 5250 6000 6750 39.47 41.82 4410 45.32 6th 7th 8th 9th 3751 4501 - 5251 6001- 4500 5250 6000 6750 19.58 20.70 2190 24.15 9 7/52 Mason - Buildincj 05/01/2010 JOB DESCRIPTION Mason- Building ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Buildi~g: 07/01/2009 Mosaic & Terrazzo Mechanic $ 4214 Mosaic & Terrazzo Finisher $ 40 65 SUPPLEMENTAL BENEFITS Journeyman: $ 29.26 DISTRICT 9 OVERTIME PAY See (A, E, Q, V) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11,15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: (750 Hour) terms at the following percentago of the Terrazzo Mechanic's wage. 1 st 2nd 3rd 4th 5th 6th 1- 751- 1501- 2251 3001- 3751- 750 1500 2250 3000 3750 4500 50% 55% 65% 70% 75% 85% Supplemental benefits per hour paid: (750 hour) terms at the following percentage of Terrazzo Mechanic's benefit. 7th 8th 4501- 5251- 5250 6000 90% 95% 1st 2nd 3rd 4th 5th 6th 7th 8th 1- 751- 1501- 225% 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 of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County NOTE: Shall include but not limited to Precast concrete slabs (London Walks) Marble and Granite pavers 2'x 2' or larger. Per Hour: 07/01/2009 Stone Seiter $ 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 (gth) hours are time and cne-half all work thereafter is paid at double the hourly rate. ** 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 Overtime: 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: 1st 2nd 3rd 4th 5th 6th term term term term term term $27.71 $32.15 $36.58 $41.02 $45.45 $49.89 Supplemental Benefits for all terms 07/01/2009 $14.69 9-1Stn ,JOB DESCRIPTION Mason - Building / Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester 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 Ovedime: See (5, 6, 8, 11, 15, 25) on HOLIDAY PAGE * 1/2 Day for Labor Day. REGISTERED APPRENTICES Wages: 750 hour terms at the following percentage of Journeyman's wage. 1 st 2nd 3rd 4th 5th 6th 1- 751- 1501- 2251- 3001- 3751- 750 1500 2250 3000 3750 4500 Page 47 7th 4501- 5250 DISTRICT 9 8th 5251- 6000 Prevailing Wage Rates Eor 07/01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County 50% 55% 65% 70% 75% Supplemental Benefits: 07/01/2009 1st 6Ih terms $14.50 + term wage % of $9.83 7th and 8th terms $24.33 85% 90% 95% 9-7/20 MR Mason - Heavy&Highway JOB DESCRIPTION Mason - Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2009 (MASON) Pointer, Cleaner & Caulkers $ 41.19 DISTRICT 9 0510112010 SUPPLEMENTAL BENEFITS Pointer, Cleaners & $ 21 32 Caulkers OVERTIME PAY See (B, 12, H) on OVERTIME PAGE HOLIDAY 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 07/01/2009 $ 22.16 Apprentices Supplemental Benefits: (per hour paid) 2nd $ 25.41 3rd $ 30.14 4th $ 36,57 07/0112009 1st 2nd 3rd 4th $ 315 $ 7.21 $10.21 $10.21 JOB DESCRIPTION Mason- Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2009 Cement Mason $ 47.50 DISTRICT 9 9-1PCC 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 Published on May 01 2010 PRC Number 2010004185 Suffolk County HOLIDAY Paid: See (1) on HOLIDAY PAGE Over[line: See (5, 6, 8, 11, 13, 25) on HOLIDAY PAGE REGISTERED APPRENTICES ( 1 ) year terms at the following Percentage of Journeymans Wage. 1st Term 50% 2nd Term 60% 3rd Term 70% Supplement Benefits per hour paid: Apprentices: 1st term $17.25 2nd term 19.13 3rd term 20.99 9-780 Operating Engineer-Building 05101 t20~10 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 tons), Concrete Pump, Gradalt, Grader, Hoist, Loading Machine (10 yds. or more), Milling Machine, Power Winch - Stone Seffing/Structural Steel & Truck Mounted, Powerhouse, Road Paver, Scoop-Carryall-Scraper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (self-propelled), Tank Work, Tower Crane Engineer. CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker (under 50 Tons), Conveyor-Multi, Dinkey Locomotive, Fork LiB, 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, Maintenance Engineer (Small Equip. & Well Point), Field Mechanic, Milling Machine (Small), Pulvi Mixer, Pumps (all), Roller (did), Ridge Cuffer, Vac-AII, Shotblaster, Striping Machine, Interior Hoist, Concrete Finish Machine, ConcreteSpreader, Conveyer, Curing Machine, Hoist (one drum). CLASS "O": Concrete Breaker, Concrete Saw/Cutter, Fork Life or Walk Behind (power operated), Generator, Hydra Hammer, Compactors (mechanical or hand operated), Pin Puller, Portable Heaters, Power Booms, Power Buggies, Pump (double action diaphragm)· CLASS "E": Batching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump (gypsum), Pump (single action diaphragm), Stump Chipper, 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 Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PHC Number 2010004185 Suffolk County Class "C" $ 4206, *Add $1.50 for Hazardous Waste Work Class "D" $ 38.85 Class "E" $ 3724 SUPPLEMENTAL BENEFITS Per Hour: ALL CLASSES 07/01/2009 $28 19 $ 22 85 NOTE: Ovedime Rate OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE Overtime: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE "NOTE": Employee must be employed day belore and day after a holiday to receive holiday pay. REGISTERED APPRENTICES One(l) Year Terms at the following Rate: 07/01/2009 1st Term $ 2084 2nd Term 21 67 3rd Term 2233 Supplemental Benefits per hour: APPRENTICES $15.69 Nole: OVERTIME AMOUNT 585 4-138 JOB DESCRIPTION Operating Engineer Building / Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/0t/2009 Welt Driller $ 30.51 Well Driller Helper $ 26.83 Hazardous Waste Differential Added to Hourly Wage: Level A Level B Level C Monitoring Well Work Add to Hourly Wage: Level A Level B SUPPLEMENTAL BENEFITS Per Hour: $ 3.00 2.00 1~00 $ 3,00 2.00 07/01/2009 Page 50 Prevailing Wage Rates for 07/01/2009 - 0613012010 Published by the New York State Department of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County Well Driller Well Drller Helper $10% of straight time rate plus $ 9.95 (NOTE) Additional $3.00 for Premium Time OVERTIME PAY See (B, E, G, P) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 16, 23) on HOLIDAY PAGE Overtime: See (5, 6, 16, 23) on HOLIDAY PAGE 4-138well Operating Engineer - Heavy&Highw~ 0510112010 JOB DESCRIPTION Operating Engineer - Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Party Chief - One who directs a survey party Instrument Man - One who runs the instrument and assists Pady Chief Rodman - One who holds the rod and in general, assists the survey party Categories cover GPS & Under Ground Surveying DISTRICT 4 Per Hour: 07/01/2009 Heavy Highway/Building Party Chief $ 52.90 Instrument Man 39.64 Rodman 34.84 Steel Erection Party Chief $ 53.26 Instrument Man 41.77 Rodman 28.43 SUPPLEMENTAL BENEFITS Per Hour: 07/0112009 Heavy Highway/Buildin9 $ 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 Overtime: See (5, 6, 8, 11, 12, 15, 25) on HOLIDAY PAGE 4-15D-N/S co. JOB DESCRIPTION Operating Engineer- Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES HEAVY/HIGHWAY CATEGORIES: CLASS "AA" CRANES: Crane, Truck Crane, Derrick, Dragline, Dredge, Crawler Crane, Tower Crane, Pile Driver. CLASS "A": DISTRICT 4 Page 51 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County Asphalt Spreader, Backhoe Crawler, Boiler Cherrypicker (over 50 tons), Concrete Pump, Grader, Gradall, Hoist Loading Machine 10 yds or more), Milling Machine, Power Winch Stone Setting/Structural Steel or Truck Mounted, Powerhouse, Road Paver, Scoop Carrya[FScaper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (self propelled), Tank Work, Track Alignment Machine. CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker (under 50 tons), Conveyor-Multi, Dinky Locomotive, Fork Lift, Hoist (2 drum), Loading Machine & Front Loader, Mulch Machine (machine fed), Power Winches (all others not included in CLASS A), Asphalt Roller, Hydraulic Pump with Boring Machine, Scoop, Carryall, Scaper, Maintenance Man on Tower Crane, Trenching Machine, Vermeer Cutter, Work Boat CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Well Point), Field Mechanic, Milling Machine (Small), Pulvi Mixer, Pumps, Roller (Dirt), Vac All, Welding/Burning, Compressor (Structural Steel & 2 or more Batteries), Concrete Finish Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (One Drum), Ridge Cutter, Striping Machine, Welding Machine (Structural S1eel & Pile Work). CLASS "D": Compressor (Pile,Crane,Stone Setting), Concrete Saw Cutter/Breaker, Work Lift (Walk Behind,Power Operated), Generator (Pile Work),Hydra Hammer, Hand Operated Compactor, Pin Puller, Portable Heater, Powered Broom/Buggy/Grinder, Pump (Single Action-1 to 3 Inches/Gypsum/Double Action Diaphragm), Hand Trenching Machine, Welding Machine CLASS "E": Batching Plant, Generator, Grinder. Mixer, Mulching Machine, Oiler, Pump (Centrifugal up to 3 In.), Root Cutter, Stump Chipper. Oiler on Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand on Work Boat 07/01/2009 Class"AA" Cranes: Boom Length over100 feetadd $ 100 perhour "150 .... $ 1 50 .... "250 .... $ 2.00 .... "350 .... $ 3.00 .... $ 5485 Class *Add $3 50 for Hazardous Waste Work. $ 4847* Class "B" *Add $2.50 for Hazardous Waste Work. $ 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 MANDATED off-shift work. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 ALL CLASSES $ 28.44 Note: OVERTIME AMOUNT $ 22.85 OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE Ovedime: See (5, 6, 8, 9, 15) on HOLIDAY PAGE "NOTE": Employee must be employed day before and day after a holiday to receive holiday pay. REGISTERED APPRENTICES One(l) Year Terms at the following Rate: 1st Term $ 20.84 2nd Term 21.67 3rd Term 22.33 Page 52 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on May 01 2010 PRC Number 2010004185 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, Broome, Cattaraugus, Cayuga, ChautauqJa, Chemung, Chenango, Clinton, Columbia, Codland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton Genesee, Greene, Ham ton, Herkmer, Jefferson, Kings Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES Per Hour: DREDGING OPERATIONS 07/01/200g CLASS A Operator, Leverman, Lead Dredgeman $ 32,89 CLASS A1 Dozer, Front Loader Operator CLASS B Spider/Spill Barge Operator, Tug Operator(over1000bp), Operatorll, Fill Placer, Derrick Operator, Engineer, Chief Male, Eleclrician, Chief Welder, Mainlenance Engineer To Conform to Operating Engineer Prevailing Wage in Locality where Work is being Performed including Benefits. $ 28.49 Cedified Welder, $ 26.84 Boat 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 BENEFIT, S APPLY TO ALL CATEGORIES 07~1~009 All Classes A & B $ 8.05 plus 7% of straight time wage (ovedime hours add) $ 0.63 Page 53 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Department of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County All Class C (overtime hours add) $ 775 plus 7% of straight time wage $ 0.48 All Class D (overtime hours add) OVERTIME PAY See (B, F, R) on OVERTIME PAGE HOLIDAY Paid: Overtime: $ 7.45 plus 7% of straight time wage $ 023 See (1) on HOLIDAY PAGE See (5, 6, 8, 15, 26) on HOLIDAY PAGE 4-25a MarConst JOB DESCRIPTION Operating Engineer Trenchless Pipe Rehab ENTIRE COUNTIES Nassau, Suffolk WAGES DISTRICT 4 IMPORTANT NOTE: Rates posted apply to Nassau a~d Suffulk counties only. Per Hour: 07/01/2009 DSET/DSSET Operator $ 31 50 Robotic Unit Operator 31.50 DDCC Injection Operator 31 50 Technician/Equipment Operator 27.00 AM Liner/Hydra Seal Installer 2700 Hobas Pipe, Polyethyene Pipe or Pull and Inflate Liner Inst. 27.00 SUPPLEMENTAL BENEFITS Per Hour Worked All Ciassifacations $11.34 OVERTIME PAY See (B, H) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE REGISTERED APPRENTICES At One Year Terms (Per Hour) First Year $ 16,00 Second Year 16.75 Third Year 17.25 Fourth Year 18.00 Page 54 _Operat ng En'q neer- Trenchless Pipe Rehab 05/01/2010 Prevailing Wage Rates for 07/01/2009 - 0613012010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County Supplemental Benifit (Per Hour Worked) All Terms painier JOB DESCRIPTION Painter ENTIRE COUNTIES Nassau, Suffolk WAGES Per hour: Drywall Taper SUPPLEMENTAL BENEFITS Per hour worked: 07/01/2009 $ 35.00 $11.34 4-138TrchPReh : :05~0i/20~1o DISTRICT 9 Journeyman $ 23.14 OVERTIME PAY See (A, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (4, 5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages(per Hour) 07/01/2009 1st Year $13.25 2nd Year 17.50 3rd Year 21.00 4Ih Year 28.00 Suppemental Benefits: (per Hour) lstyear 2nd Year 3rdyear 4th year JOB DESCRIPTION Painter ENTIRE COUNTIES $10.27 13.50 16.26 21.34 9-NYDCT9-DWT DISTRICT 9 Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester WAGES (Per hour) 07/01/2009 Brush / Taper $ 35.00 Spray & Scaffold 38.00 Fire Escape 38.00 Decorator 38.00 Paperhanger/Wall Coverer 36.83 SUPPLEMENTAL BENEFITS ( per hour worked ) 07/01/2009 Paperhanger $ 27.25 All others 23.14 OVERTIME PAY ,See (A, H) on OVERTIME PAGE HOLIDAY Page 55 Prevailing Wa9e Rates for 07/01/2009 - 06/30/2010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Indentured after 5131/93 ( 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 .. 2800 Spplemental benefis: (per Hour worked) Appr 1st term $10.27 Appr 2nd term. 13.50 Appr 3rd term 16.26 Appr 4lb term 21.34 9-NYDC9 BlS Painter, Bridqe & St[uctural Steel 05/01/2010 JOB DESCRIPTION Painter - Bridge & Structural Steel DISTRICT 9 ENTIRE COUNTIES Albany, B~onx, Clinton, Columbia, Dutchess, Essex, Franklin, Fulton, Greene, Hamilton, Kings, Montgomery, Nassau, New York, Orange, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Suffolk, Sullivan, Ulster, Warren, Washington, Westchester WAGES (Per Hour Worked) 07/0t/2009 10/01/2009 10/01/2010 STEEL: Bridge Painting $ 45.25 $ 4550 $ 4625 Power Tool/Spray $ 51.25 $ 51.50 $ 52.25 Shift Work: Where project specifications and/or contract provide for night work outside 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 the regular wage. If only a night shi~t is employed, the employees shall be paid at time and one half. Note: For Bridge Painting Contracts, ALL WORKERS on and off the bridge (including Flagmen) are to be paid Painter's Rate; the contract must be ONLY for Bridge Painting SUPPLEMENTAL BENEFITS Per Hour Worked: 07/01/2009 10/01/2009 10/01/2010 Journeyman $ 28.31 * $ 29.90* $ 31.04* $ 28.31'* $ 29.90** $ 31.04** Hourly Rate after 40 hours from May 1st to Nov. 15th $5.00 only $6.00 only $6.75 only Hourly Rate after 50 hours from Nov. 16th to April 30th $5.00 only $6.00 only $6.75 only *For the period of May 1st to November 15th: This rate shall be paid up to maximun of forty (40) hours worked per week. For all hours exceeding 40, the hourly rate shall drop to the hourly 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 rate shall be paid for the actual number of hours worked. **For the period of November 16th to April 30th: This rate shall be paid up to a maximun of fifty (50) hours worked 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 07101/2009 06/30/2010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County *Note: When calculating overtime pay for the Power Tool/Spray classification, add Six doffars to the hourly overtime rate calculated for the "Bridge Painting" classification. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (4, 6) on HOLIDAY PAGE REGISTERED APPRENTICES (wage per hour Worked): (1) year terms at the following percen age of Journeyman's wage, Apprentices: 1st 2nd 3rd 07/0112009 Supplemental Benefits: 40% 60% 80% 1st Term: Same as Journeyman excluding the additional $5.00 per hour paid. 2nd and 3rd term: Same as Journeyman Painter-Line Striping ' 9 DC-9/806/155-BrSS JOB DESCRIPTION Painter- Line Striping DISTRICT 9 ENTIRE COUNTIES Albany, Bronx, Clinton, Columbia, Dutchess, Essex, Franklin, Fultor, Greene, Hamilton, Kings, Montgomery, Nassau, New York, Orange, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Suffolk, Sullivan, Ulster, Warren, Washington, Westchester WAGES Per hour: Painter (Striping-Highway): 07/01/2009 Striping-Machine Operator* 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 protection of traffic safety SUPPLEMENTAL BENEFITS Per hour paid: 07/01/2009 Journeyman: $ 9.97 4- 7% of wage OVERTIME PAY See (B, E, P, S) on OVERTIME PAGE HOLIDAY Paid: See (5, 20) on HOLIDAY PAGE Overtime: See (5, 8, 11, 12, 15, 16, 17, 20, 21, 22) on HOLIDAY PAGE 9-SN28A-LS JOB DESCRIPTION Painter- Metal Polisher DISTRICT 9 ENTIRE COUNTIES Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer, WAGES Metal Polisher $ 24.85* *Note: Ail 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 standing scaffolds while working more than 34 feet off the ground. Such premium are to be paid on top of their straight time or ovedime, whichever is applicable. This also applies to employees erecting scaffolding. SUPPLEMENTAL BENEFITS Page 57 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PRC Number 2010004185 Su[folk 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 Ovedime: See (5, 6, 9, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES 55% of Basic Polisher Rate 9-8A/28A-MP Plasterer 05/01/2010 JOB DESCRIPTION Plasterer ENTIRE COUNTIES Kings, Nassau, Queens, Suffolk PARTIAL COUNTIES New York: Includes work in all Islands in New York City, except Manhattan WAGES Per hour: 07/01/2009 Building: Plasterer/Traditional $ 3553 SUPPLEMENTAL BENEFITS Per hour worked: Journeyman $ 21 80 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (I) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (per hour) ( 1 ) year terms at the fo~lowin9 % journeyman's wage rate. DISTRICT 9 First year: 1st 6 months 2nd 6 months 4O% 45% Second year: 1st 6 months. 2nd 6 months 55% 60% Third year: 1st 6 months 2nd 6 months 70% 75% Supplemental Benefits: (per hour paid): (1) year term broken down into six month periods: 1st year: lsl 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 Plui~[Jer 9-530 Z1 JOB DESCRIPTION Plumber DISTRICT 4 Page 58 Prevailing Wage Rates for 07/01/2009 - 06/30t2010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2009 05/0112010 04~30~2010 Ptumbed PUMP & TANK $ 42.24 $ 42.49 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009- 05/01/2010 04/30/2010 Plumber $19.57 $ 20.82 OVERTIME PAY See (B, N, V) on OVERTIME PAGE (V) Sunday & Holidays OnIy HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at the Following Wage Per Hour: 07/01/2009- 05/01/2010 04/30/2010 lstTerm $ 9.77 $ 9.85 2nd Term 15.37 15.47 3rd Term 20.96 21.09 4th Term 26.80 26.95 Supplemental Benefits per hour: 1st Term $ 8.39 $ 9.69 2nd Term 8.89 10.29 3rdTerm 9.39 10.89 4th Term 9.64 11.24 JOB DESCRIPTION Plumber ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2009 05/01/2010 04/31/2010 Plumber MAINTENANCE ONLY $ 28.07 $ 29.46 (NOTE) Maintenance: Correction of problem(s)with the existing fixture or group of ~ixtures, preventive repairs or servicing of said fixtures. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009- 05/01/2010 04/31/2010 Plumber $ 9.40 $ 9.65 Page 59 4-200 Pump & Tank DISTRICT 4 Prevailing Wage Rates for 07/0112009 - 06/30/2010 Published by the New York State Department of Labor Last Published on May 01 2010 PRC Number 2010004185 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 Ol~e(1) Year Terms, WAGES Per Hour as Follows: 07/01/2009 04/31/2010 1st term $14 29 2nd term $1538 3rd term $16.53 4th term $17.72 5th term $ 1896 $ 15.00 $ 16.15 $ 17.35 $ 1861 $ 1991 SUPPLEMENTS PER HOUR 1st term $ 7.90 $ 8 19 2ndterm $ 790 $ 8.19 3rdtelm $ 7.90 $ 8.19 4th tern: $ 7.90 $ 8.19 5th term $ 7.90 $ 8.19 4 200 Maintance Plumber 05/01/2010 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 for 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% Supplemental Benefits per hour: 07/01/2009 04/30/2010 05/01/2010 Page 60 Prevailing Wage Rates for 07/01 ~2009 - 06/30/2010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County 1st Term $13.37 $14.62 2nd Term 15.75 16.63 3rd Term 17.11 18.26 4th Term 18.63 19.78 5th Term 20.21 21.36 4-200 Roofer 0~/0~2010 JOB DESCRIPTION Roofer ENTIRE COUNTIES Nassau, Suffolk WAGES Rate Per Hour 07/01t2009 DISTRICT 4 Roofer/Waterproofer $ 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 Ovedirne: See (5, 6, 13, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES (1) Year terms at the following pecentage of Roofers/Waterproofers Wage 1st 2nd 3rd 4th 40% 50% 70% 80% Supplemental Benefits per hour: 1st Term $ 2.00 2nd Term 6.33 3rd Term 14.67 4th Term 19.96 4-154 JOB DESCRIPTION Sheefmetal Worker ENTIRE COUNTIES Bronx. Kings. Nassau. New York, Queens. Richmond. Suffolk WAGES Per Hour: 07/01/2009 Sheetmefal Worker $ 45.40 DISTRICT 4 Prevailing Wage Rates for 07/01/2009 06/30/2010 Published by the New York State Department of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County For Temporary Operation or Maintenance of Fans is 80% of Above Wage Rate SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 Shee[metal Worker $ 3518 OVERTIME PAY See (A, O) on OVERTIME PAGE For Fan Mai~]tenance 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 Pe~ Hour: (1/2) Year Terms at the following percentage o1 journeyman's hourly wage: 1 st 2nd 3rd 3O% 35% 4O% 45% 5th 6th 71g 8th 50% 55% 60% 70% Supplemental Benefits per hour: 1st Term $ 1450 2nd Term 16 32 3rd Term 1792 4th Term 19.50 5th Term 21.07 6th Term 2253 7th Term 24.44 8th Term 2813 She~metai ~orker 4-28 JOB DESCRIPTION Sheetmetal Worker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Sulfolk, Westchester WAGES Per Hour: 07/01/2009 DISTRICT 9 SIGN ERECTOR $39 70 *NOTE: Overhead Highway Signs and Structurally Suppoded Signs (See IRON WORKER CLASS) SUPPLEMENTAL BENEFITS PER HOUR 07/01/2009 $26.27 OVERTIME PAY See (A, F. S) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, tl, 12, 16, 25) on HOLIDAY PAGE Page 62 Prevailing Wage Rates for 07/01/2009 - 08/3012010 Published by the New York State Department of Labor Last Published on May 01 2010 PRC Number 2010004185 Suffolk County Overtime: REGISTERED APPRENTICES Wage per hour: 07/01/2009 Half (1/2) year terms at the followin9 rate(s): 1st 2nd 35% 40% 6th 7th 60% 65% Supplemental Benefits per hour paid: Half (1/2) year terms at the following doltar amount 07/01/2009 See (5, 6, 10, 11, 12, 16, 25) on HOLIDAY PAGE 3rd 45% 8th 7O% 4th 5O% 9th 75% 5th 55% 10th 80% 1st $7.21 2nd $8.17 3rd $9.14 4th $1010 5th $13.58 6th $15.41 7th $1665 8th $17.92 9th $19.59 loth $21.19 9 137-SE Steamfitter 05/0112010 JOB DESCRIPTION Steamfitter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour 07/01/2009- 12/29/2009 Steam Fitter $ 48.90 12/30/2009 *Additional $ 2.50/Hr Sprinkler Fitter 48.90 *Additional $ 2.50/Hr For Work on Temporary Heat & Air Conditioning *Increase to be allocated at a later date. SUPPLEMENTAL BENEFITS Per Hour $ 37.16 *Additional $ 2.50/Hr 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 07/01/2009 06/30/2010 Published by the New York State Depadment of Labor Last Published on May 0l 2010 PRC Number 2010004185 Suffolk County HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour worked: ( 1 ) year terms at the following percentage of Journeyman's wage Apprentices: 1st 2nd 3rd 4th 5th 40% 50% 65% 80% 85% Suppelmenta[ Benefits: (1) year tern] al the following dollar amounts: Apprentices 1st 2nd 3rd 4th 5th 07/01/2009 Steamfitter $17 17 $21 24 $2734 $33.43 $35.47 9 638A-StmSpFtr 05/01/2010 JOB DESCRIPTION Steamfitter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens. Richmond, Suffolk WAGES Per Hour: 07/01/2009- 12/31/2009 Steamfitter/Maintenance & $ 34.55 AC Service Work *Additional $ 1.00/Hr DISTRICT 9 Refrigeration, A/C, Oil Burner and Stoker Service and Repair Refrigeration Compressor inslallation up to 5bp (combined). Air Condition / Heating Compressor installation up to 10hp (combined) *Increase to be allocated at a later date SUPPLEMENTAL BENEFITS Per Hour Steamfitter/Maintenance & $10.52 AC Service Work 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 ) survey Crew ;ConSUiting 9 6388-StmFtrRef JOB DESCRIPTION Survey Crew Consulting DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Dutchess: Only the podion south of the nodh city line in Poughkeepsie. WAGES Feasibility and prel m nary des gn 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 07/0112009 - 06/30/2010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PRC Number 20t0004185 Suffolk Counly WAGES: (per hour) Survey Rates: 07/01/2009 Party Chief ..... $ 33.70 Instrument Man.. $ 28.38 Rodman .......... $ 25.02 SUPPLEMENTAL BENEFITS Per Hour All 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, 11, 16) on HOLIDAY PAGE Overtime: See (5, 6, 7, 11, 16) on HOLIDAY PAGE JOB DESCRIPTION Teamster-Asphalt Delivery ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/0112009 DISTRICT 4 9-15dconsult Heavy Construction Work: Shall include the supply of Asphalt for construction, i~provement and modification of all or any par[ of Streets, Highways, Bridges, Tunnels,Railroads, Canals, Dams, Airpods, Schools, Power Generation Plants. "TRUCK DRIVER" Asphalt Delivery $ 33.90 Light Construction Work: Shall include the supply of Asphalt for construction of Single & Mu :am y Homes, Town Houses, Apartment Buildings, including Driveways, Streets and Curbs within those projects. Parking Lots, Office Buildings. "TRUCK DRIVER" Asphalt Delivery $ 20.00 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 "Heavy Construction Work" "TRUCK DRIVER" Asphalt Delivery $ 30.87 "Light Construclion Work" "TRUCK DRIVER" Asphalt Delivery $13.75 OVERTIME PAY See (B, * ** *** **** B2, E, I, 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 GOVERNMENTAL MANDATED off shift work. NOTE: (B,E,P,T&*U) Apply to Heavy Construction. NOTE: (B2,I,T&*U) Apply to L~ght Cons ruction. Page 65 Prevailing Wage Rates for 07/01/2009 06/30/2010 Last Published on May 01 2010 Published by the New York State Depadment of Labor PRC Number 2010004185 Suffolk County NOTE: (*U) Only applies after 8 hours worked on holiday HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, '16, **25) on HOLIDAY PAGE NOTE:(*16) Paid at Double if Worked (**25) Paid at Double if Worked 4-282 AD Teamster - Buildinf~_ JOB DESCRIPTION Teamster Building ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2009 06/30/2010 07/01/2010 DISTRICT 4 Truck Driver (Building Demolition & Debris) Trailers $ 28.85 Straight Jobs 28.55 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 06/30/2010 $ 29 85 29 55 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 TeamSter. ~ii~ery;of conCrete 05/01/2010 4-282 JOB DESCRIPTION Teamster- Delivery of Concrete DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2009 Heavy Construction Work: Shall Include the suppiy of Ready-Mix Concrete for construction, improvment and modification of all or any part of Streets, Highways, Bridges, Tunnels, Railroads, Canals, Dams, Airpods, Schools & Power Generation Plants "TRUCK DRIVER" Concrete Delivery $ 35,51 Light Construction Work: Shall include the supply of Ready-Mix Concrete for construction of Single & Multi Family Homes, Town Houses, Apartment Buildings, including Driveways, Streets and Curbs within those projects. Parking Lots and Olfice Buildings. "TRUCK DRIVER" Concrete Delivery $ 23.00 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2009 "Heavy Construction Work" Concrete Delivery $ 28,45 "Lighl Construction Work" Page 66 Prevailing Wage Rates for 07/01/2009 - 06/3012010 Last Published on May 01 2010 Published by the New York State Department of Labor PRC Number 2010004185 Suffolk County Concrete Delivery $14.50 OVERTIME PAY See (B, E, % P) on OVERTIME PAGE NQTE: (B,E & P) Apply only to Heavy Construction Work. (*l) Applies only to Light Construction Work. 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. 4-282ns Teamster - Heavy&Highway JOB DESCRIPTION Teamster - Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suh'olk WAGES Per Hour: 07/0112009- 06130/2010 Truck Driver/Chauffer (Debris Removal) Trailers $ 28.85 Straight Jobs $ 28.55 SUPPLEMENTAL BENEFITS Per Hour: 0710112009 06/30/2010 07/01/2010 $ 29.85 $ 29.55 07/0112010 0510112010 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 Construction Work: Shall include the construction, improvement or modification of all or any part or streets, highways, Bridges, Tunnels, Railroads, Canals, Dams, Airports, Schools, Power Generation Plants. Site Excavating (Chauffeurs) $ 33.90 Light Construction Work: Shall include the construction, improvment and modification of Single & Multi Family Homes, Town Houses, Apadment 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 Construction Work Chauffeurs $ 30.87 Page 67 Prevailing Wage Rales for 07/01/2009 06/30/2010 Published by the New York State Depadment of Labor Last Published on May 01 2010 PRC Number 20t0004185 Sub'elk County Light 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 DO.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 Worked (*'25) Paid at Double if Worked, 4-282 Welder 05/01/2010 JOB DESCRIPTION Welder DISTRICT 1 ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattarau§us, Cayuga, Chautauqua, Chemur/9, Chenango, Clinton, Columbia, Codland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Oenesee, Greene, Hamilton, Herkimer, Jefferson, Kin§s, Lewis, Livingston. Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer. Richmond, Rockland Saraoga Schenecady. Schohare, Schuyer Seneca, S Lawre ce, Seube ,Suffolk, Sullivan, Tioga Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES Per hou~ 07/01/2009 Welder (To be paid tl~e same rate of the mechanic performing the work) OVERTIME PAY HOLIDAY 1-As Per Trade Page 68 Prevailing Wage Rates for 07/01/2009 - 06/30/2010 Last Published on May 01 2010 Published by the New York State Depadment of Labor PRC Number 2010004185 Overtime Codes Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the aEached schedule. Additional requirements may also be listed in the HOLIDAY section (A) (AA) (~) (B2) c) Cl) o) D1 ) E) El) E3) E2 ) E4 F (G (H) (J) (k) (L) (M) (N (o '( p (R (S (S1) (T) Time and one half of the hourly rate aSer 7 hours per day Time and one half of the hourly rate after 7 a~d one halt hours per day Time and one half of the hourly rate after 8 hours per day Time and one half of the hourly rate for the 9Ih & loth hours week days and the 1st 8 hours on Saturday. Double the hourly rate tot all additional hours Time and one half of the houdy rate atter 40 '~ours per week Double the hourly rate after 7 hours per day Double the hourly rate after 7 and one half hours per day Double the houdy rate after 8 hours per day Double the hourly rate after 9 hours per day Time and one half of the houdy rate on Saturday Time and one half 1st 4 hours on Saturday Double the hourly rate all additional Saturday hours Between November 1st and March 3rd Saturday may be used as a make up day at straight time when a day is lost during that week due to inclement weather, provided a given employee has worked between 16 and 32 hours that week Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather Saturday and Sunday may be used as a make-up day al straight time when a day is Iosl during that week due to inclement weather Time and one half of the houdy rate on Saturday and Sunday Time and one half of the hourly rate on Satu,day and Holidays Time and one half of the hourly rate on Saturday, Sunday, and Holidays Time and one half of the hourly rate on Sunday Time and one half of the 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 rate on Saturday and Sunday Double the hourly rate on Saturday and Holidays Double the hourly rate on Saturday, Sunday, and Holidays Double the hourly rate on Sunday Double the houdy rate on Sunday and Holidays Double the hourly rate on Holidays Two and one half times the houdy rate for Holidays, if worked Two and one half times the houdy rate the first 8 hours on Sunday or Holidays One and one half times the houdy rate all additional hours. Triple the houdy rate for Holidays, ft 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 May 01 20t0 PRC Number 2010004185 ( U ) Four times the hourly rate for Holidays, if worked ( V ) Including benefits at SAME PREMIUM as shown for over[ime ( W ) Time and one half for benefits on all overfime hours. NOTE:BENEFITS are PER HOUR WORKED,for each hour worked, unless otherwise noted Page 70 Prevailing Wage Rates for 07/01/2009 - 06/3012010 Last Published on May 01 2010 Published by the New York State Department of Labor PRC Number 2010004185 Holiday Codes PAID Holidays: Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not requ red to pedorm work f an employee works on a day listed as a paid holiday, this remuneration is in addibon to payment of the required prevailing rate for the work actually per[ormed. OVERTIME Holiday Pay: Overtime holiday pay is the premium pay that is required for work performed on spec fed holidays. Il is only required where the employee actually performs work on such holidays. The applicable holidays ,are listed under HOLIDAYS: OVERTIME. The required ra e of pay for these covered holidays can be found in the OVERTIME PAY section listings tor each classification. Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which Ihe employee is normally classified. ( I ) None ( 2 ) Labor Day ( 3 ) Memorial Day and Labor Day ( 4 ) Memorial Day and July 4th ( 5 ) Memoriat Day, July 4th, and Labor Day ( 6 ) New Year's, Thanksgiving, and Christmas ( 7 ) Lincoln's Birthday, Washington's Birthday, and Veterans Day ( 8 ) Good Friday ( 9 ) Lincoln's Birthday ( 10 ) Washington's Bidhday ( 11 ) Columbus Day ( 12 ) Election Day ( 13 ) Presidential Election Day ( 14 ) 1/2 Day on Presidential Election Day ( 15 ) Veterans Day ( 16 ) Day after Thanksgiving ( 17 ) July 4th ( 18 ) 1/2 Day before Christmas ( 19 ) 1/2 Day before New Years ( 20 ) Thanksgiving ( 21 ) New Year's Day ( 22 ) Christmas ( 23 ) Day before Christmas ( 24 ) Day before New Year's ( 25 ) Presidents' Day ( 26 ) Martin Luther King, Jr. Day Page 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 [] PUBLIC WORK DISTRICT OFFICE DATE: (CHECK ONE) [] ARCHITECT OR ENGINEERING FIRM A. PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertaining to Contracting Agency) I Name and complete address ( [] check if new or change): Telephone: ( ) Fax: ( E-Maih 3. SEND REPLY TO I[] check if new or change) Name and complete address: Telephone: ( ) Fax:( B. PROJECT PARTICULARS 5. Project Title Description of Work Contract identification Number Note: For NYS units, the OSC Contract No. 7. Nature of Project - Check One: [] 1. NewBuitding E] 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 orAIteration [] 7. Demolition [] 8. Building Sen/ice Contract 9. Name and Title of Requester 2. NY State Units (see Item 5) [] 01 DOT [] O20GS [] 03 Dormitory Authobty [] 04 State University Construction Fund [] 05 SUNY/Co[leges [] 06 Mental Hygiene Facirities Corp. [] 07 OTHER N.Y. STATE UNIT [] 08 City [] 09 Local School District [] 10 Special Local District. i e, Fire, Sewer, Water District [] 11 Village [] t2 Town [] 13 County [] 14 Other Non-N.Y. State (Describe) 4. SERVICE REQUIRED. Check appropriate box and provide project information. [] New Schedule of Wages and Supplements IAPPROXIMATE BID DATE: I Additional Occupation and/or Redetermination PRC NUMBER ISSUED PREVIOUSLY FOR THIS PROJECT: OFFICE USE ONLY 6. Location of Project: Location on Site Route No/Street Address Village or City Town County. 8. OCCUPATION FOR PROJECT: [] Construction (Building, Heavy [] Guards, Watchmen Highway/SewerNVater) [] Janitors, Porters, Cleaners [] Tunnel [] Moving furniture and [] Residential equipment [] Landscape Maintenance [] Trash and refuse removal [] Elevator maintenance [] Window cleaners E] Exterminators, Fumigators [] Other (Describe) Signature OFFICE USE ONLY Locality Designations: PW-39 (03- 07) SEE PAGE TWO FOR LAWS RELATING TO PUBLIC WORK CONTRACTS I [ 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 in,eligible to submit a bid on or be awarded any public work or public building service contractJsub-contract with the state, any municipal corporation or public body for a period of five (5) years from the date of debarment when: · Two (2) final determinations have been rendered within any consecutive six-year (6) period determining that such contractor, sub-contractor and/or its successor has WILLFULLY failed to pay the prevailing wage and/or supplements · One (1) final determination involves falsification of payroll records or the kickback of wages and/or supplements NOTE: The agency issuing the determination and providing the information, is denoted under the heading 'Fiscal Officer'. DOl_. = NYS Dept. of Labor; NYC = New York City Comptroller's Office; AG = NYS Attorney General's Office; DA = County District Attorney's Office. A list of those barred from bidding, or being awarded, any public work contract or subcontract with the State, under section 141-b of the Workers' Compensation Law, may be obtained at the following link, on the NYS DOL Website: · https:lldbr.labor.state.ny.uslEDLis'dsearchPa,qe.do PAYROLL CERTIFICATION FORM I (Name of Signatory Parly) do hereby state: That I pay or supervise the payment of the persons eniployed by (Title) (Contractor or Sub-Contractor) ; that during the payroll period commencing on the (Project or Work) on the day of ,20 __, and ending the day of ,20 __, all persons employed on said project have been paid the full weekly wates earned (except as noted Column 10 - Front of Form), that no rebates have been or will be made either directly or indirectly to or on behalf of said contractor, from the full weekiy wages earned by any person and that (Name of Signatory Party) no deductions have been made either directly or indi~rectly 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 urtpaid, 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 co~xform 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. 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 f-[ 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 ot 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 I--[ 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 reqnired fringe benefits as listed in the contract, except as noted in Section 4 (c) below. (c). EXCEPTIONS EXCEPTION (CRAFT} EXPLANATION REMARKS: SIGNATURE NAME and TITLE [ SIGNATURE The willful falsification of any of the above statements may subject the contractor or sub-<ontractor to civil or criminal prosecution. HOCKEY RINK PROJECT (NOTARY & SEAL) ROLLER I-1 PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS (for Contractor and Sub-Contractor's use for Weekly and Final Certification) NAME OF [] CONTRACTOR, OR [] SUB-CONTRACTOR; ADDRESS OF CONTRACTOR OR SUB-CONTRACTOR: DATE WAGE DUE & PAID: Telephone No. WeekEnding or Final Certification: ProjectName &Location: PrevailingWageSerialNumber: AgencyProjectNumber: 1. ,~ 2~ ~ 3. D 4. Day & Date 5. 6. 7. 8. 9. 10. ~° ~.~ .~g ~ s IMITIWITIF IS DEDUCTIONS N~T Name, Address and ~ ~ ~' Work ~ TOTAL RATE GROSS WAGE ~MOUNT Soci Secu,i N er IIIIII OURS OE ^ OUNT TH- I TOTAL of Employee ~ ~ ~ Classiflcatlonb~ (~ HOURS WORKED EACH DAY PAY EARNED F I C A HOLDIN, STATE~ DEDUC- PAID ~OR UNPAID TAX TIONS WEEK O S O S !O $ O S O S O S O O $ O S NEW YORK STATE DEPARTMENT OF LAEOR PREVAILING WAGE DIVISION COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: 1. The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor 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 $10,1)00 which are nos 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 nofice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION 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: (2) (3) (4) (s) (6) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION M-2 (7) The contractor will include th,~ 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 pur.~;uant 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, howeve[, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Required Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 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 1-12J304; (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). Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report ~vith 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 tirnely, 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. ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION M-3 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors, (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: (2) "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror 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. ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION M-4 (d) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. 100 Stock Number 7540-926-2049 Title Equal employment opportunity employer information report. 1-12.805.4 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. ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION M-5 Fo Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Sub-grantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and sub-grants of amounts in excess of $ 100,000 shall contain a 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. ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION M-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: o 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 er 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 a~d 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 provision.,; of the State law against Discrimination which also prohibits discrimination in employment because of age); ( C ) That there may be deducted fi'om the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION M-7 o (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. ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION M-8 Pro'ect S ecifications Section 1010- SUMMARY OF WORK Part 1 - GENERAL 1.01 WORK COVERED BY THE CONTR~,CT DOCUMENTS: A. The work in this project includes the restoration and reconstruction of a Roller Hockey Rink that is maintained by the Town of Southold. Project Location: Cochran Park (See Drawing SP-1 enclosed for exact location.) Owner: Town of Southold. Architect Identification: The Contract Documents, dated April 27, 2010, were prepared by the Office of the Engineer for the Town of Southold. The intent of the Contract Documents is for the work to be completed and finished 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. D. This contract includes all travel and material deliveries to and from the project location. E. This contract includes all site work necessary for the completion of work. END OF SECTION ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION 1010-1 Section 1420 - REFERENCES Part 1 - GENERAL 1.01 DEFINITIONS: A. General: Basic Contract definitions are included in the Conditions of the Contract. B. "Approved": When used to convey Architect's action of Contractors submittals, .applications, and requests. "Directed": A command or instruction by Architect. Other terms including "requested," "selected," "approved," "required,"" and "permitted" have the same meaning as "directed." "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. All of the terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "Indicated." E. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, application, installation, and similar operations. F. "Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. G. "Provide": Furnish and Install, complete and ready for the intended use. "Installer": Contractor or other entity engaged by Contractor as an employee, or Subcontractor, to perform a particular construction operation, including installation, erection, application and similar operations. "Experienced": When Used with an entity,-"experienced" means having successfully completed previous projects similar in size and scope to this project; being familiar with special requirements indicated; and having complied with requirement of authorities having jurisdiction. J. "Project Site": Space available for performing construction activities. ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION 1420-1 1.02 INDUSTRY STANDARDS: Applicability of Standards: Unless the Contract Documents include more stringent requirem,~nts, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. Minimum Quantity of Quality Levels: All installations or applications of specified materials shall be installed as per manufacturers installation guidelines and minimurrl specifications. Copies of Standards: Each entity engaged in construction of Project must be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. Where copies of such standards are needed to perform the required construction activity, obtain copies directly from the product manufacturer and make them available upon request. END OF SECTION ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION 1420-2 Section 2500 - ASPHALT PAVEMENT RESTORATION Part 1 - GENERAL 1.01 SITE ACCESS: A. The contractor shall be responsible for all transportation, material delivery and site access to Cochran Park located on Peconic lane, Peconic, N.Y. B. Storage of materials and equipment may be kept on site or at the Highway maintenance facilities located approximately .25 miles from the project site. All stored materials and equipment shall be the sole responsibility of the Contractor and the Town of Southold will not be responsible for damage. 1.02 DESCRIPTION: A Provide all site preparation work as required to complete the project in a successful manner, Limits of work under this contract shall include the entire site. B. Any and all noticeable cracks in the existing court systems shall be treated and repaired with Armor Crack Repair System. C. Each court shall receive two (2) coats of Acrylic Resurfacer (with silica sand) and two (2) coats of a color finish system (with silica sand) as manufactured by Deco Color - "ice blue color" on all playing surfaces. 1.03 QUALITY ASSURANCE: A. Contractor Qualifications: A Contractor shall have a minimum of five (5) years experience in the application and refinishing of Tennis Court Color Systems. Part 2 - PRODUCTS 2.01 MATERIALS: A. ARMOR Crack Repair System (1-877-992-7667) or equal. DESCRIPTION: The ,ARMOR~ Crack Repair System utilizes a knitted fabric that will expand as the crack widens. The secret to making this repair work is how it is purposely NOT bonded to the court in the vicinity of the crack, thereby allowing more of the fabric to absorb any movement or growth of the crack without the fabric tearing or delaminating from the surface. Thus, the reason why the ARMOR® Crack Repair System works so well is that it effectively spreads the stress of the crack over a wide area of expandable fabric-other brand name repair "systems" do not do this. Although your roller hockey rink is technically still cracked, the filled cracks are hidden beneath our repair and then covered over completely with color-coating materials. Although it will not prevent cracks from developing elsewhere on the court, or prevent cracks from growing in length out beyond the repair, the ARMOR® Crack Repair System successfully keeps repaired structural cracks from reappearing on the surface. There are some limitations and not all cracks are repairable with our product, so talk to your contractor about your specific court. ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION 2500-1 Part 3 - EXECUTION 3.01 PROTECTION OF PROJECT CONDITIONS: A. Minimize interferencE; with adjoining Streets, Roads, Adjacent Property and other Works to remain during Project. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from the Town of Southold. B. Each existing crack shall be thoroughly cleaned of all dirt, vegetation, debris and other deleterious materials prior to patching with the Armor Crack: Repair System. C. Approximately 50 lineal feet of crack shall be treated with the Armor Crack Repair System. This quantity is an approximation of the required work and all exact quantities shall be verified by the contractor prior to submitting his/her bid. All applications of the Armor Crack Repair System shall meet the minimum specifications required by the manufacturer. 3.02- SURFACE PREPARATION The existing surface must be clean and contaminate free. The repair will not stick to dirt, mildew, pollen, dust, leaves, or loose paint. Scraping the surface of the court and blowing off all the debris is usually adequate; however, pressure washing the co Jrt surface is best. Remove all previous crack repair materials that are loose or not bonded well to the court, including any rubberized crack filling material. If you can peel up the old repair or the existing surface coatings, then they must be removed in order to provide a sound base for the ARMORe Crack Repair System. This repair will only be as strong as the surface to which it is bonded. 3.03- INSTALLATION Installation of ARMOI~ does not leave margin for error; therefore, it is not a do-it-yourself project. ARMOR® is sold to and installed by tennis court contraetars who have the tools and experience necessary to understand the application. In most cases, the tennis court contractor will have been supplier-trained by an ARMOR® representative and is thereby namad a "certified" installer. It is absolutely imperative that ARMOR® is installed according to our explicit instructions. Any deviation during installation will cause this system to fail. LIMITATIONS: Do not ir~stall when temperature is below 70°F or when temperatures 9° below 60'~F overnight. Do not install on overcast days (direct sunlight, not high temperatures, dales the adhesive best). Do not install the day after it has reined. Give the cracks a day of sunlight to dry out. Do not install when rain is predicted or likely that day or night. Do not install on dirty, damp, or cold surfaces. Do not install on cracks that emit meisture. Do not install with in-line skating materials as they are too bdttle. Do not install using Asphalt Emulsion or over old or peeling Asphalt Emulsion. Do not use a rubber squeegee or broom to apply the glue and fabric. END OF SECTION ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION 2500-2 Section 2700 - RINK RESURFACING & PAVEMENT MARKINGS Part 1 - GENERAL 1.O1 DESCRIPTION: A. The Contractor shall provide a one-color finish system on all Rink surfaces as manufactured by Deco Color with "ice blue color" for all playing surfaces. Part 2 - PRODUCTS 2.O1 MATERIALS: A. Acrylic Resurfacer with Silica Sand. Acrylic Resurfacer: 920-294200 ACRYLIC BASE FOR RECREATIONAL SURFACES 1.0 MATERIAL DESCRIPTION Acrylic Resurfacer is a concentrated 100% acrylic latex binder designed for field mixing with silica sand and is lo be applied to recreational surfaces constructed of hot-mix asphalt or Portland cement concrete 2.0 INTENBED USE Acrylic Resurfacer is intended for preparing new asphalt or concrete surfaces as well as existing acrylic surfaces for color coating. 3.0 PHYSICAL PROPERTIES Color: TAN Coverage Rate {undiluted) 0.06 gallons/sq, yd. Weight per gallon: 8.8 lbs, Curin9 conditions: 70°F & 50% relative humidity Estimated cure time: 2 hours Minimum ambient, surface & product installation 60° and rising temperature: Note: Low temperatures or high humidit ¢ will increase drying time drastically. Maximum surface temperature = 140° F. 4.0 SURFACE PREPARATION 4.1 Base Construction Surface must meet or exceed the American Spods Builders Association (ASBA) applicable Guidelines. Upgrading and recoating previously colored surfaces requires the surface and base construction to be in sound condition and in compliance with the applicable ASBA Guidelines. 4.2 Substrata Cure Requirements New hot-mix asphalt sudaces must be allowed a minimum of 14 days cure time before application of Acrylic Resurfacer. For new, Portland cement concrete surfaces, a minimum of 28 days cure time is required. After 28 days, new concrete must be acid-etched with either phosphoric or muriatic acid. Application may begin thereafter. 4.3 Surface Condition The surface on which Acrylic Resurfacer is to be applied must be smooth, free of dirt, loose or flaking paint, oily matedals or chemical residues, vegetation of any sod and any other debris or foreign maUer that may prevent the proper product adhesion. Thoroughly rout existing cracks of dirt, debris and loose impediments. Cracks should be blown dean with an air compressor. After cleaning, apply Crack Filler 64061 to fill cracks. Consult the data sheet for application information. 4.4 Surface Imperfections Before application of primers or Acrylic Resurfacer, the court surface shall be flooded with water and allowed to drain. Any depressions capable of submerging a U.S. five-cent piece after one hour should be marked with chalk, not crayon or a grease pencil. These areas must be allowed to thoroughly dry. Once dried, a patch must be applied to the marked area. For patching products and mix designs, please refer to the product data sheet for Coud Pat~ Binder 920-39. ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION 2700-1 4.5 Priming Priming of asphalt surfaces is only necessary if existing asphalt is too badly weathered Io establish a strong bond with the Acrylic Resurfacer. In the case of extremely oxidized asphalt surfaces, contact your Deco Area Manager. When applying Acrylic Resurfacer to new concrete surfaces, a primer is necessary to improve adhesion. Deco Surfacing Systems offers California Ti-Coat, a lwo-package water based epoxy primer. Consult the respective data sheets for proper application. If the concrete surface has been previously coated with acrylic material, no pdming is necessary. 5.0 MIXING INSTRUCTIONS The following mix has been found to bo satisfactory for 55 gallons 30 gallons average sudace conditions: Acrylic Rgsurfacer Silica Sand (60 - 80 Mesh) 600-900 lb. 325-400 lb. Clean potable water 20-40 11 - 22 gallons gallons 5.1 Sand Mix Do not use sand containing day, silt, ferrous metals or salt. The outcome of the Resurfacer mix depends heavily on what type of sand you chose. Our specifications are based on 60-80 mesh sand. The addition of the silica sand should be done slowly, under agitation. 5.2 Water Mix In no case should Acrylic Resurfacer be diluted more than three (3) parts Acrylic Resurfacer to two (2) parts water. The quantity of water required will vary with moisture content and gradation of the sand and the consistency needed for good application characteristics. 5.3 Resurfacing Mix After the addition of sand and water to the Acrylic Resurfacer concentrate, thorough mixing is required. A mechanical drill mixer is recommended and mixture should be stirred until homogeneous. Periodic mixing should take place as the job progresses to ensure consistent application. 6.0 GUIDE TO APPLICATION 6.1 System Recommendations Deco recommends one 1-2 coats of Acrylic Resurfacer prior ~o the application of any Deco Surfacing System. If using ~he Street Ice system, a minimum of two (2) coats is recommended. See Street Ice S/1-3 for further information. 6.2 Installation Using a flexible rubber squeegee, apply Acrylic Resurfacer mix parallel to ooe of the sides of the surface area. Care should be taken not to leave ddges where adjoining applications ovedap. Under hot conditions, application is improved by keeping surface damp with a line mist water spray. Never allow water to pool on the surface. 6.3 Drying and Cure Time Acrylic Resurfacer must be allowed to cure a minimum of 2 hours before applying acrylic coatings. 7.0 COVERAGE The undiluted coverage rate is approximately 0.06 gallons per square yard, per application 8.0 CLEAN-UP Ail equipment can be cleaned with water if clean-up occurs immediately after application. 9.0 LIMITATIONS 9.1 Surface Limitations Acrylic Resurfacer is limited to application on ho~-mix asphalt and Podland cement concrete recreational surfaces. Deco Surfadng Systems does not recommend, nor authorize the application of Acrylic Resurfacer on any other surfaces without pdor approval from your Deco Area Manager. 9.2 We~flher Limitations No pad of the conslruction involving the Deco Surfacing System should be conducted during rainfall, or when rainfall is irnminenL The air temperature must be at least 60°F and rising. Do not apply when surface temperature is above 140°F. 9~3 Do Not Over Dilute The maximum dilution ratio is 3:2. Over dilution will cause streaking, foaming, adhesion failure, sand fall-out and poor overall durability of the coating. ROLLER HOCKEY I:~INK RECONSTRUCTION & RESTORATION 2700-2 9.4 Indoor Application Drying Drying times are retarded by high humidity, cool temperatures or lack of air movement. This is particularly important to note when installing indoors, where all three factors are often very pronounced 9.5 Keep From Freezing Acrylic Resurfacer is a water-based acrylic system and it must be kept from freezing during storage or in transit. If you receive product you suspect may have been exposed to freezing temperatures, consult your Deco Surfacing Systems Representative for proper handling instructions. ~0.0 LIMITEB WARRANTY The Company warrants that the products to be delivered and sold there under are the kind and quality described in its specifications and no other warrant/, except of title, is expressed or implied All other warranties and/or liabilities, including consequential damages, are specifically excluded whether the directions for a product's use are followed or not. Notification of any apparent defect or defects shall be made promptly in writing to the Company. Should any product (unless sold as is) prove, upon our inspection, to be defective in workmanship or materials in accordance with the specifications, the Company wilt replace the product or refund the purchase price. No person has the authority of the Company to make or accept any other warranty, liability, or conditions on the Company's behaIf. If the above stated conditions of this warranty are unacceptable, the purchaser may return, at his expense, all unopened packages, bags or containers for credit within 30 days from the date of purchase. 11.0 ADDITIONAL INFORMATION For additional information contact us at: Deco Surfacing Systems a division of California Products Corporation 150 Dascomb Road, Andover, MA 01810, (800) 332 6178, tnfo@decoturf.com B. Deco Color Resurfacing System or equal. Acrylic Color Playing Surface (Street Ice) - for use as the finish color wear surface. A. Street Ice -full-bodied, 100% acrylic latex resin (no vinyl copolymerization constituent) formulated specifically to resist the abrasion and wear associated with high-level inline or street hockey facilities. 1) Percent solids by weight (minimum) 50% 2) Weight 10.5lbs/gallon B. California Line Paint- 100% acrylic resin (containing no alkyds or vinyl constituents). Texturing shall be rounded silica sand. I) Percent solids by weight (minimum) 60.5% 2) Weight 12~12.3 lbs/gallon All surfacing materials shall be non-flammable & have a VOC content of less than 100g/Itr measured by EPA method 24. Sand is not acceptable in the colored playing surface. Sands may only be added to the Acrylic Filler Course. Part 3 - EXECUTION 3.1 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. 3.2 PREPARATION FOR ACRYLIC COLOR PLAYING SYSTEM A. Clean surfaces of loose dirt, oil, grease, leaves, and other debds in stdct accordanpe with manufacturer's directions. Pressure washing will be necessary to adequately dean 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. ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION 2700-3 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 13inder, 100 lbs. 60-80 silica sand, 1 gallon Dry Portland Cement (Type I). This step shall be accomplished prior to the squeegee application of Acrylic Resurfacar. 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, pdme with tack coat mixture of 2 parts watedl 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 stdke 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. D. Filler Course. (Acrylic Resudacer): 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 pianadty prior to filler course application. 1. Over a properly repaired surface of asphalt on existing couds, 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 Two coats of Acrylic Resurfacer shall be used to propedy fill all voids in the asphalt surface. Use clean, dry 50- 60 mesh sand and ctean, 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. 2. Mix the ingredients thoroughly using accepted mixing devices and use a 70 Durometer rubber bladed squeegee to apply each coat of Acrylic Resurfacor as required. 3. Allow the application of Acrylic Resudacer to dry thoroughly. Scrape off all ddges and rough spots prior to any subsequent application of Acrylic Resurfacer or subsequent cushion or color surface system 3.03 SITE PREPARATION: A. After proper drying time of crack repair, all surfaces shall be cleaned of all debris and dust prior to application of new court surfaces. B. New Court Resurfacing o1: all court surfaces shall consist of the following steps: 1. Apply two (2) coats of Acrylic Resurfacer with Silica Sand. 2. After the first coat of Resurfacer has dded completely, apply a second coat of Acrylic Resurfacer with Silica Sand. 3. After the second coat of Resurfacer has dried completely, apply the first coat of Deco Color Paint with "ica blue color' for all playing surfaces. 4. After the first coat of Paint has dried, apply the second coat of Deco Color Paint with "ice blue color" for all playing surfaces. 5. All playing lines shall be installed to each court following N.H.L regulations, specifications & standards. C. Contractor shall re-install all net post anchor sleeves as needed or required. D. Line Paint (California Line Paint) - for use as the line marking on the court/play surface. END OF SECTION ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION 2700-4 E ~~~ K SITE PLAN ~ COCHRAN PAR v Graphic Scale: ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK I~EGISTRAR OF VITAL STATIST[CS MARRIAGE OFFI('ER REC()RDS MANAGEMENT OFFICEII FREEDOM ()lc [NFt)RMATn)N OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southllld, N{w York 11971 Fax i63ll 765-6145 Telephone 16311 765 1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING 2010 Resurfacing Roller Hockey Rink At Jean Cochran Park Bid Opening 5/6/10 10:00 A.M. JB's Asphalt Sealcoating 129 Sunrise Avenue Riverhead, NY 11901 James Bloss 631-433-5400 16.500.00 PROPOSAL FORM Date: NAME of BIDDER: Telephone: ~'E 3/) '7.~',{' '~'/~-~ 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 inall 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: April 27, 2010, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construcf, perform and complete the work for: Reconstruction and Resurfacing of Roller Hockey Rink at Cochran Park. 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: ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION D-1 GENERAL CONSTRUCTION FOR COCHRAN PARK ROLLER HOCKEY RINK REPAIR; CONTRACTOR SHALL PROVIDE THE RESTORATION, REPAIR, RECONSTRUCTION AND RESURFACING OF EXISTING ASPHALT ROLLER HOCKEY RINK IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS NECESSARY FOR RECONSTRUCTION & RESURFACtNG AS REQUIRED TO PROVIDE A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED WORK WILL BE COMPLETED FOR A STIPULATED "LUMP SUM" OF: (written ir) words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of fody-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Telephone Number: Date: Bidders Address: ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September ~1, '1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to bythe bidder and affirmed bysuch bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on 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. 13. 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. 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 ~.~/'-'~'r'a~'--<, /3~/. ~J~-~ ofthe~ '-~'~// -~"¢~J/d~c's-h,~J~ ~t,~ (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Reconstruction and Resurfacing of Roller Hockey Rink at Cochran Park. 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 ,-~,~ ,20 i ~ (SEAL OF THE CORPORATION) Laws of New York, '1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Signature ROLLER HOCKEY RINK RECONSTRUCTION & RESTORATION E-1