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Postmark Here Total Postage & Fees To ~i~C~; ~i," .............. 'J' ....................~ ............................ ~ ~,-~ .... ~ ........................................................ · Complete items 1, 2, and 3. Also complete item 4 ff Restricted Delivery Is danlmd. · Pdnt your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Addm e. Recalved byI C. Date of DelNery D. Is de.ely address different f/om Item 17 I-1 Yes ff YES, enter delivery address below: [] No ~ Malt [] Express Mall [] Registered [] Retum Receipt for Membendlse [] Insured Mall [] C.O.D. 4. Restricted Dallvety? ~ Fee) r-I Yes 2. Article Number , February 2004 7007 0710 0003 2876 3009 Postmark Here · Complete Items 1,2, end 3. Also complete Item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Isdellveryeddreasdiffemntftomlteml? [] Yes If yES, enter delivery address below: i-I No [] ~ [] Return Receipt forMmchandise ~-~n'~red Mell [] C.O.D. 4. ReMri~'~d Delh~m~ 0~1 Fee) r-I ye~ 2. Article Number PS Form 3811, February 2004 Domest~ Re~um Reoelpt 7007 0710 0003 2876 2958 · Complete items 1, 2, and 3. ,Nso ~omplate item 4 if R=%"tflcted Delivery Is desired. · Print your name and address on the reverse so that we can return the (=ard to you. · Attach this card to the back of the mallplece, or on the front if spece permits. 1. Article Addressed to: O. Date of Delk~y 4. Restn~cted Delivery? ~_x~a Fee) r'l yee 7007 0710 0003 2876 3016 PS Fon~ 3811, February 2004 Dement Ra~um Ree~pt 102S~S-O2-M-IS40 (Endorsement I TotalPostage or PO BOX NO. · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maJlplece, or on the front If space permits. 1. A~ticle Add o: ~"~/z~IB' Received ~bY ( PHnted~__~,Name)~ C. Date of Delivery D. Isdaliv~addressdiffment f~om item 17 [] Yes if YES, enter delivery address below: [] No 3. Servl~e Type ~'Cedifled Mall [] Express Mall [] Registen~l [] Return Recalpt for Merchandb~e [] Insured Mall [] C.O.D. 4. Restr~ed Delivery? ~ Fee) [] yes 2. A~tlcle Number (Transfer ~=m sen/ce ~be0 7007 0710 0003 2876 3023 PS Form 3811, February 2004 Domestic Return Receipt Total Postage & Fees ~/t~-~/~i~,'2)Y; ~ ...................................................................... L ................. ........... / · Complete Items 1, 2, and 3. Paso complete item 4 if Res~lcted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to t~e back of the mailplece, or on the front if space permits. 1. Article Addressed o: A. Signature B. Rece!ved by(Pr/n~dName) JC. Date of Delivery D. Isd~lve~yaddmssdlffemntfmmltem t? I-lyes If YES, enter dellve~ address below: [] No 3. Servlce Type [] Certified Mail [] F-xpres~ Mall [] Reg~tered [] Betum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yee 2. Artic{e Number ~.70[~7 0710 0 03 2~876 299~,-, PS Form 3811, February 2004 Domestic Return Receipt or PO BOX NO. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front it space permits. 1. Article Address to: · 2. Article Number (~=,~ flora sen/ce/abe/) C. Date of Delivery different from item 17 r-lyes If YES, enter deli~ry addr~s below: [] No r-i Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. r-I Yes I 4. Restricted Deliver? {Ex~ra Fee) 7007 0710 0003 2876 2989 i PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArticleAddmssed to: 2. Article Number ~f,~' from serv/ce/abe/) D.~'sdelivmyaddressdifferentfrom item 17 ~o If YES, enter delivery address below: J~ Cmtifled Mail [] Registered r-I Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7007 0710 0003 2876 2972 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 · Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front ~f space permits. 1. Article Addressed to: 2. Article Number PS Form 3811, Februa~ 2004 E3 .~ent [] Addre~ee B. Rsceivf~ IW (~) ~ C. Date ~ ~live~ D. Isdel~d~m E~ 17 D Yes If YES, enter de~ive~ a~m~ bebw: D No [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Rest~cted Deliven./? (Ex~a Fee) [] Yes 7007 0710 0003 2876 2965 Domestic Return Receipt 10259~O2-M-1540 postage Certified Fee Return Receipt Fee (Eedorsement Rsqul~ed) Restricted Delivery Fee (Endorsement Required) L USE I--~ ~ Total postage & Fees ~ ~ r- P- -- F'- P" USE AL USE ~3 Postage "U L USE ~ Postage ~L~J~ L USE U $ Southold Town Board - Letter Board Meeting of April 10, 2012 RESOLUTION 2012-328 ADOPTED ltem# 5.23 DOC ID: 7767 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-328 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10, 2012: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Terry Contracting, 1146 Osbom Avenue, Riverhead, New York to perform all the work required to construct, perform and complete the work for Three Drainage Retrofit Project at Long Creek Drive and Laurel Avenue, Southold, total amount for all three projects $60,900.00, all in accordance with the Town Attorney, and shall be a legal charge to the Capital Fund for Drainage and the Stormwater mitigation bond (H.8540.2.100.150). Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Generated April 10, 2012 Page 37 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 11,2012 James Terry Terry Contracting 1146 Osborn Avenue Riverhead, NY 11901 Dear Mr Terry: Congratulations. At the regular Town Board meeting held on April 10, 2012, the Town Board accepted the bid of Terry Contracting for three (3) Drainage Retrofit Projects. A certified copy of the resolution is enclosed. Please contact James Richter at 631-765-1560 for contract documents. The bid bond is being returned to you. Please replace it with the Performance Bond per bid specifications. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 11, 2012 Scott Albrecht Albrecht Landscape Contractor 5665 Main Road Mattituck, NY 11952 Dear Mr. Albrecht: At the regular Town Board meeting held on April 10, 2012, the Town Board accepted the bid of Terry Contracting for three (3) Drainage Retrofit Projects. A certified copy of the resolution is enclosed. Your bid bond is being retumed to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A~ NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 11,2012 AD JO Contracting Corp 207 Knickerbocker Avenue Bohemia, NY 11716 Dear Sirs: At the regular Town Board meeting held on April 10, 2012, the Town Board accepted the bid of Terry Contracting for three (3) Drainage Retrofit Projects. A certified copy of the resolution is enclosed. Your bid bond is being retumed to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 11,2012 Theresa Uliano Fort Hill Industries 1980 Route 112, Suite 3 Coram, NY 11727 Dear Ms. Uliano: At the regular Town Board meeting held on April 10, 2012, the Town Board accepted the bid of Terry Contracting for three (3) Drainage Retrofit Projects. A certified copy of the resolution is enclosed. Your bid check is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 11, 2012 Kenneth Kurrass Norman Kurrass Contractor 264 Atlantic Avenue East Patchogue, NY 11772 Dear Mr. Kurrass: At the regular Town Board meeting held on April 10, 2012, the Town Board accepted the bid of Terry Contracting for three (3) Drainage Retrofit Projects. A certified copy of the resolution is enclosed. Your bid bond is being retumed to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 11, 2012 Lucy Cembrook PSL Industries 640 6th Street Ronkonkoma, NY 11779 Dear Ms. Cembrook: At the regular Town Board meeting held on April 10, 2012, the Town Board accepted the bid of Terry Contracting for three (3) Drainage Retrofit Projects. A certified copy of the resolution is enclosed. Your bid bond is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk EBS. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 11, 2012 Perry DeLalio, Jr. DeLalio-South Fork Asphalt 224A North Main Street Southampton, NY 11968 Dear Mr. DeLalio, Jr: At the regular Town Board meeting held on April 10, 2012, the Town Board accepted the bid of Terry Contracting for three (3) Drainage Retrofit Projects. A certified copy of the resolution is enclosed. Your bid bond is being retumed to you. Thank you for your bid. Ens. Very truly yours, Lynda M Rudder Deputy Town Clerk ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 11, 2012 Sara McKasty G & M Earth Moving 345 Ellsworth Street Holbrook, NY 11741 Dear Ms. McKasty: At the regular Town Board meeting held on April 10, 2012, the Town Board accepted the bid of Terry Contracting for three (3) Drainage Retrofit Projects. A certified copy of the resolution is enclosed. Your bid bond is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net Eight(8) Bidsreceived Terry Contracting 1146 Osbom Avenue Riverhead, NY 11901 James Terry 631-727-0170 Albrecht Landscape Contractor 5665 Main Road Mattituck, NY 1952 Scott Albrecht 631-298-5300 AD JO Contracting Corp 207 Knickerbocker Avenue Bohemia, NY 11716 631-589-0800 Fort Hill Industries 1980 Route 112, Suite 3 Coram, NY 11727 Theresa Uliano 631-476-2146 G & M Earth Moving 345 Ellsworth Street Holbrook, NY 11741 Sara McKasty 631-567-0120 OFFICE OF THE TOWN CLERK 2012 Drainage Long Creek Bid Opening 4/5/12 10:00 A.M. Item #1 Item #2 Item #3 23,400.00 18,500.00 19,000.00 32,200.00 18,100.00 23,800.00 34,000.00 34,700.00 28,000.00 38,500.00 32,425.00 32,500.00 39,250.00 48,700.00 32,500.00 DeLalio-South Fork Asphalt 224A North Main Street Southampton, NY 11968 Perry DeLalio, Jr. 631-283-0037 Norman Kurrass Contractor 264 Atlantic Avenue East Patchogue, NY 11772 Kenneth Kurrass 631-286-9022 PSL Industries 640 6th Street Ronkonkoma, NY 11779 Lucy Cembrook 631-738-0595 42,896.00 45,380.00 51,500.00 33,820.00 48,895.00 47,805.00 32,284.00 29,624.00 27,256.00 Southold Town Board - Letter Board Meeting of April 10, 2012 RESOLUTION 2012-329 ADOPTED Item # 5.24 DOC ID: 7768 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-329 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10, 2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with Terry Contracting for the Three Drainage Retrofit Projects, Long Creek Drive and Laurel Avenue, Southold, in accordance with the specifications prepared by the Southold Town Engineering and the bid submitted by Terry Contracting in the amount of $60,900.00, subject to the approval of the Town Attomey. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Generated April 10, 2012 Page 38 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: November 22, 2012, 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: Three Drainage Retrofit Projects, Long Creek Drive & Laurel Avenue, Southold, NY and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: 'NOTE: The Town of Southold reserves the right to increase, decrease, or eliminate in its entirety any or all items pdor to or after award of the bid. Method of Measurement: The quantity to be paid for under this item shall be a lump sum for each of three individual drainage retrofit projects as measured in place and accepted by the Engineer in accordance with the specifications and drawings. Method of Payment: The quantity of accepted retrofit project work shall be measured and the verified by percent of completion and shall be paid for at the percent of contract pdce per lump sum bid, less 10% retainage, as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including carting/disposal fees, safety fencing, maintenance and protection of traffic, deleterious or unsuitable materials, rock walls, saw cutting, pavements, all items in conflict with proposed construction (as defined by the Contract Drawings), debris removal from site, clean-up, construction layout and saw-cutting. Long Creek Drainage Retrofit ProJects D-1 PROPOSAL FORM (Cont.) ITEM # 1: Project # 1 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Precast Concrete Pipe, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (writte~in words) (written in numbers) ITEM # 2; Project # 2 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration,, Beach Grass, Topsoil & Seed and Clean Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LAUREL AVENUE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: ritt~n in w~rds') ' ~/ (~ritten in numbers) ITEM # 3: Project # 3 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Beadng Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Concrete Curbing, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Clean Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: Long Creek Drainage Retrofit Projects D-2 PROPOSAL FORM (Cont.) 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 and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. 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 (if any) of the following addenda: Addendum Number: /~ .4/',~ Dated: Signature ~_,~/]..,,~ ~..% Bidders of Bidder: . . ~' Address: Telephone Number: Date: ZT//~J//~. Long Creek Drainage Retrofit Projects D-3 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 hereaffer made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as tree under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that J"/~,~ ~__~, ~'"~_~/~ ~ ,~/ of the 7'~ (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Long Creek / Hashamomuck Pond Watershed Retrofit Drainage Projects Long Creek Drive & Laurel Avenue, Southold, New York, 11971 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 ~ dayof ~)~/~JL. ,20/~---. (SEAL OF THE CORPORATION) Laws of New york, 1965 Ch. 751, Sec. 103-d, as amended & effective on September t, 1965. Signatbre Long Creek Drainage Retrofit Projects L-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: (Bidder) It intends to use the following listed construction trades in the work under the contract A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: (~)¢'~:~ q"' /)~,-.--~1~:~'/'~"~(~,. ;and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area sub. ject to these Bid Conditions, these trades being: It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor cedification required by these Bid Conditions. (Si~ature of Authoriz d~_~epresentative of Bidder) Long Creek Drainage Retrofit Projects F-1 PROPOSAL FORM NAME of BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: November 22, 2012, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, (Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to fumish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work for: Three Drainage Retrofit Projects, Long Creek Drive & Laurel Avenue, Southold, NY and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: 'NOTE: The Town of Southold reserves the right to increase, decrease, or eliminate in its entirety any or all items prior to or after award of the bid. Method of Measurement: The quantity to be paid for under this item shall be a lump sum for each of three individual drainage retrofit projects as measured in place and accepted by the Engineer in accordance with the specifications and drawings. Method of Payment: The quantity of accepted retrofit project work shall be measured and the verified by percent of completion and shall be paid for at the percent of contract pdce per lump sum bid, less 10% retainage, as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including carting/disposal fees, safety fencing, maintenance and protection of traffic, deleterious or unsuitable materials, rock walls, saw cutting, pavements, all items in conflict with proposed construction (as defined by the Contract Drawings), debris removal from site, clean-up, construction layout and saw-cutting. Long Creek Drainage Retrofit Projects D-1 PROPOSAL FORM (Cont.) ITEM # 1: Project # 1 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Precast Concrete Pipe, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) w u ITEM # 2: Project # 2 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration,, Beach Grass, Topsoil & Seed and Clean Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LAUREL AVENUE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: ~ri~en in wo~s) ~ri~en in num~m) ITEM # 3: Project # 3 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Concrete Curbing, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Clean Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (wdtten in words) (written in numbers) Long Creek Drainage Retrofit Projects 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 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 (Name df signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Long Creek / Hashamomuck Pond Watershed Retrofit Drainage Projects Long Creek Drive & Laurel Avenue, Southold, New York, 11971 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (t03-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 75'1, Sec. '103-d, as amended & effective on September 1, '1965. Signature Long Creek Drainage Retrofit Projects L-1 PROPOSAL FORM (Cont.) 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 and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a pedod 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 (if any) of the following addenda: Addendum Number: Dated: Signature , ' '' '~ "'"' ~'-'~ ~'~'-'~-'/~'~'~ '~ ~ ~-- "4,,~-.~_...~,~---~ ,~-~'~ Address:Bidders .:~,~...~,~./.../, ,~,~f. ,/'~'.d~/~/--./d.~/,/.,i~.j '~_. of Bidderi~c~5~f TelephoneNumber: Long Creek Drainage Retrofit Projects D-3 PROPOSALFORM NAME of BIDDER: Telephone: AD J0 "'"'""'"'" '"""'"" _207 KNICKERBOCKER AVENUE BOHEMIA, NEW YORK 1171(t 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: November 22, 2012, 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: Three Drainage Retrofit Projects, Long Creek Drive & Laurel Avenue, Southold, NY and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, $outhold Town Hall, 53095 Main Road, $outhold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: 'NOTE: The Town of Southold reserves the right to increase, decrease, or eliminate in its entirety any or all items prior to or after award of the bid. Method of Measurement: The quantity to be paid for under this item shall be a lump sum for each of three individual drainage retrofit projects as measured in place and accepted by the Engineer in accordance with the specifications and drawings. Method of Payment: The quantity of accepted retrofit project work shall be measured and the vedfied by percent of completion and shall be paid for at the percent of contract price per lump sum bid, less 10% retainage, as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including carting/disposal fees, safety fencing, maintenance and protection of traffic, deleterious or unsuitable materials, rock walls, saw cutting, pavements, all items in conflict with proposed construction (as defined by the Contract Drawings), debds removal from site, clean-up, construction layout and saw-cutting. Long creek Drainage Retrofit Projects D-1 PROPOSAL FORM (Cont.) ITEM # 1: Project # 1 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Con,ditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed LeachingBasins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Precast Concrete Pipe, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: ITEM # 2: Project # 2 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Stone Rip-Rap, Proposed Asphalt Pavement- Full Depth, Proposed Guiderail Restoration,, Beach Grass, Topsoil & Seed and Clean Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LAUREL AVENUE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: ITEM # 3: Project # 3 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Beadng Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Concrete Curbing, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Clean Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED F, OR THE STIPULATED "LUMP SUM" OF: -- ~tterl in Words) )n numbers) Long Creek Drainage Retrofit Projects D-2 PROPOSAL FORM (Cont.) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of fody-flve (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt (if any) of the following addenda: Addendum Number: Dated: Signature of Bidder: Telephone Number: Date: AD JO CONTRACTING CORR Bidder~-- Addresg;U/KNICKERBOCKER AVENUE ..... ,.,~, vn~ 11716 BOHbiVtIA. t,~c- , ,,. ..... Long Creek Drainage Retrofit Projects D-3 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: Certifies that: BIDDER'S CERTIFICATION AD J0 CONTRACTING CORP. 207 KN!CKFRBOCKER AVENUE (Bidder) BOHEMIA, NEW YORK 11716 It intends to use the following listed construction trades in the work under the contract ~. A. As to those trades set forth in the preJceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ~ t'~_..% ;and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. ture ed Representative of Bidder) Lon~CreekXO~inage Retrofit Projects F-1 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed bysuch bidder as tree under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ~(Ime~of~s~i'?~l,atory)~'~ of the j~/~ (~Name~of C~n)~ ~'*) f~'~e authorized to sign and submit the bid or proposal of this corporation for the following Project: Long Creek / Hashamomuck Pond Watershed Retrofit Drainage Projects Long Creek Drive & Laurel Avenue, Southold, New York, 11971 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, t965 Ch. 751, Sec. t03<1, as amended & effective on September 1, 1965. Long Creek Drainage Retrofit Projects L-1 PROPOSAL FORM NAME of BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: November 22, 2012, 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: Three Drainage Retrofit Projects, Long Creek Drive & Laurel Avenue, Southold, NY and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: "NOTE: The Town of Southold reserves the right to increase, decrease, or eliminate in its entirety any or all items pdor to or after award of the bid. Method of Measurement: The quantity to be paid for under this item shall be a lump sum for each of three individual drainage retreflt projects as measured in place and accepted by the Engineer in accordance with the specifications and drawings. Method of Payment: The quantity of accepted retrofit project work shall be measured and the verified by percent of completion and shall be paid for at the percent of contract pdce per lump sum bid, less 10% retainage, as called for in the proposal form. This pdce shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including carting/disposal fees, safety fencing, maintenance and protection of traffic, deleterious or unsuitable materials, rock walls, saw cutting, pavements, all items in conflict with proposed construction (as defined by the Contract Drawings), debris removal from site, clean-up, construction layout and saw-cutting. Long Creek Drainage Retrofit Projects D-1 PROPOSAL FORM (Cont.) ITEM # 1: Project # 1 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Pracast Concrete Pipe, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: V(writte~ ~n numbers) ITEM # 2: Project # 2 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration,, Beach Grass, Topsoil & Seed and Clean Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LAUREL AVENUE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: ITEM ~ 3: Project ~ 3 - GENE~L CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covem & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Corem & Castings, Proposed Schedule 80 PVC Lateral Piping, Concrete Curbing, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guidemil Restoration, Topsoil & Seed and Clean Fill. THE CONT~CTOR SHALL FURNISH ALL ~BOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPU~TED "LUMP SUM" OF: Long EreeE Drainage Re~ro~ Pro~ec~5 D-~ PROPOSAL FORM (Cont.) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. 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 ti me period. The undersigned hereby acknowledges receipt (if any) of the following addenda: Addendum Number: Dated: Signature ,, ,~'~'~ of Bidder: ~ ' Telephone Number: Date: Long Creek Drainage Retrofit Projects D-3 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a par[ of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Cedifies that: It intends to use the following listed construction trades in the work under the contract /~-t')W,¢_ ~(~ /~.'~ ' ;and, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bi, Conditions for participation in the Nassau-Suffolk Co~¢tty Plan It will comply with the said Cour'/t'y area within the scope of coverage of that Plan, those trades being: i ; and/or, As to those trades for which it ~s required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization.goals and the specific affirmative action steps contained in said Part II, for/all construction work (both state and non-state) in the afore- mentioned a/~a subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. ' - - ~a~ure ofA~th~riz~-d ~epr~enta~ of'~idder) ' Long Creek Drainage Retrofit Projects F-1 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded tile Contract for the work, tile undersigned offers as surety for faithful pedormance, bond and/or bonds to protect labor and material men, the following surety: Hudson insurance Company SURETY COMPANY) (Bidder) CERTIFICATE OF SURETY to be signed by a duly aulhorized official, agent or attorney of the Surety Company. - In the event that tile above Proposal is accepted and [he contract for the work is awarded to said Fed Hill Industries, Inc. (Bidder's Name) the Hudson Insurance Company will execute (Surely Company) the Surety Bonds as herein-before provided. Hudson Insurance Company Signed: . ~?,,t....-' ~/~. ....... ¢::' ........ ~::L_ _ Date: April 5, 2012 Joseph W. Mallory, Atty-ln-Fact IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LiEU OF BID BOND, OR BID MAY BE REJECTED. Long E~'cek i-~'~,in;t0e Retr'ol:it ProJects G-1 HuDSON BID BOND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 17 Slate Streeh New York, New York, 10004, has made, constituted and appoinmd, and by these presents, does make, constitute and appoint Louis A. Vlabakes, Joseph W. Mallory, Jami Aune Mattson of the State of New Jersey its true and lawful ARorney(s)-in-Fact, at New York City in the State &New York, each of them alone to have full power to act without the other or olhers, to make, oxeeute ,nfl deliver on its behalf, as Surety, bid bonds for any and all purposes. Suoh bid bonds, when duly executed by said Attomey(s)-in-Facl, sh~ll be b~uding upon said Company as fully ~nd to the same extent as if sigued by the President of said Company under its corporate seal attested by its Secret~ry. STATE OF NEW YORK COUNTY OF NEW YORK SS. On Ihe 19th day of April ,2011 before me personally came Michael P. Gleeson to me known, who being by mc duly sworn did depose and say thai he is a Senior Vice President of HUDSON INSURANCE COMPANY, the Company described hereto and which ex0cuted (he abov~ insoumcnt, Directors of~ ~)~, ~ that he sign~ his name he e o by ke order, r~ ~ - (N~nal~ca~ '~' % ~ Notary Publle, State or New York ~ ~ ;~1~124~ ~ Qualified in New York County ~..,.~. ,~; ~:~. CERTIFICATION The uodersigned Dina Daskalakis hereby certifies: THAT the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous w-rJtien consent of the Board of Directors of Hudson Insurance Company dated July 27~, 2007, and has not since been revoked, amended or modified: THAT the above and foregoing is a f/Ill, true and correct copy of Power of Attorlmy issued by said Company, ~nd of the whole of the original and Ihat the HUDSON INSURANCE COMPANY SHORT FORM FINANCIAL STATEMENT AS OF DECEMBER. 3 I, 2011 ASSETS Bonds Real estate Cash on hand and on deposit Reinsurance Receivable FIT recoverable (including net deferred tax asset) Aggregnta write.ins for other than invested assets Deferred premiums, agents' balances and installments booked but deferred and not yet due (including earned but unbilled premiums) Stocks Other Assets $ 332,512,26 I 0 15,178,844 152,376,849 15,159,476 32,787,251 16,781,879 162,211,888 9.578.264 $~ .. .. 2 LIABILITIES & SURPLUS Loss adjustment expense Other expenses Unearned premiums Ceded reinsurance premiums payable Payable to pare. ut, subsidiaries and affiliates Commissions payable, contingent commissions and other similar charges Other Liabilities Common capital sto~k Gross paid in and conlributed surplus Unassigned funds (surplus) Surplus as regards policyholders I 18,878,542 12,002,166 8,506,233 34,324,449 149,720,636 798,154 7,922,611 15.786.805 347.939.596 7,500,000 293,480,097 85.391.079 388.647.116 STATE OF NEW YORK ) COUNTY OF NEW YORK ) 1, thc undersigned Senior Vice President 0nd Chief Finaacial Officer of Hudson Insurance Company hereby certify thc foregoing to be a short form financial statement in thc form of a balance sheet, showing the Company's assets and liabilities on a provisional basis, at the close of businass on D¢c~raber 3 I, 201 I. l have set my hand and affixcd the scal ofthe Company, this ~ dayof.~a~cJ~ ,2012. ~fficer fl}is ~dayof ~ 2012 AUCIA T, Mc, KINNEY Notary Public, State of New Yo~ NO. 01MC6212495 Qualified in New York County Commission Expires October 13, 2013 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. 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 (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Long Creek / Hashamomuck Pond Watershed Retrofit Drainage Projects Long Creek Drive & Laurel Avenue, Southold, New York, 11971 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 ~-~ dayof ~[~(' / ,20/&. (SEAL OF THE CORPORATION) Laws of New York, t965 Ch. 751, Sec. t 03-d, as amended & effective on September 1, 1965. Long Creek Drainage Retrofit Projects L-1 PROPOSALFORM NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undemigned 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: November 22, 2012, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to fumish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work for: Three Drainage Retrofit Projects, Long Creek Drive & Laurel Avenue, Southold, NY and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: 'NOTE: The Town of Southold reserves the right to increase, decrease, or eliminate in its entirety any or all items pdor to or after award of the bid. Method of Measurement: The quantity to be paid for under this item shall be a lump sum for each of three individual drainage retrofit projects as measured in place and accepted by the Engineer in accordance with the specifications and drawings. Method of Payment: The quantity of accepted retrofit project work shall be measured and the vedfied by percent of completion and shall be paid for at the percent of contract price per lump sum bid, less 10% retainage, as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this spedfication. Including carting/disposal fees, safety fencing, maintenance and protection of traffic, deleterious or unsuitable materials, reck walls, saw cutting, pavements, all items in conflict with proposed construction (as defined by the Contract Drawings), debris removal from site, clean-up, construction layout and saw-cutting. Long Creek Drainage Retrofit Projects D-1 PROPOSAL FORM (Cont.) ITEM # 1: Project # 1 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Precast Concrete Pipe, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) · ~ (written in numbers) ITEM # 2: Project # 2 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration,, Beach Grass, Topsoil & Seed and Clean Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LAUREL AVENUE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) '~ 06~.-.~..~ (written in numbers) ITEM # 3: Project # 3 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Concrete Curbing, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Clean Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (wriff-~n in nu~mb~rrs) Long Creek Drainage Retrofit Projects D-2 PROPOSAL FORM (Cont.) 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 and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. 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 (if any) of the following addenda: Addendum Number: Dated: Signature of Bidder: Telephone Number: Bidders Address: Long Creek Drainage Retrofit Projects D-3 WORK ON HAND Scheduled Project Name Owner Architect Contract Amount % Complete Comnletion SUNY Stony Brook 2009 - 2014 NY State Facilities & En~lineedn~ $3,500,000.00 40% April-14 (Lou Rispoli 631-632-6218) Contract #CO-1448 Babylon Train Wash Lon~l Island Rail Road Gannet Flemin~l $540,000.00 90% December-12 (John O'Donnel1631-567-7200) Contract ~6037 Stony Brook Rec. Center Stony Brook University Sasaki Associates, Inc. $550,000.00 85% October-12 (Rich Feis 631-445-0030) Contract #09/19-065MC Brookhaven Nat'l Lab - LOB Brookhaven Nat'l Lab HDR Architecture $376,000.00 85% Au~lust-12 (Arsenio Minondo 516-921-7100) Contract #3-1028-02 Brookhaven Nat'l Lab - ISB Brookhaven Nat'l Lab HDR Architecture $820,712.00 85% August-12 (Tony Lopez 516-921-7100) Contract #3-1019-01 SUNY Farmindale Student Center NY State State University Const. Fund $848,000.00 80% July-12 (Jim Kyroglou 631-747-6147) Contract #26279 SUNY Stony Brook Old Chemical BId~l NY State Ewin~ Cole $490,000.00 90°,~ Oct-12 (Nick Leo 631-744-6147) Contract #13B69/D005753 South Nassau Communities Hospital SNCH Design & Development SNCH Desitin & Development $15,500.00 50% Jun-12 (Wa~ter P~datko 631-471-7205) Contract #519-6493-30 SUNY SB North Entrance Road Work ,Stony Brook University BL Companies/Greenman $1,500,000.00 95% Jul-12 (Lou Rispoli 631-632-6218) Contract #10/11-284MC Simons Ctr for Geometry & Physics Cafb Stony Brook University Perkins Eastman $47,900.00 95% Jun-12 (Jim Kyroglou 631-747-6147) Contract #10/11-3519BF East Campus Coolin~l Tower Demo Stony Brook University Cashin Associates, P.C. $216,000.00 45°/ May-12 (Kevin Rooney 631-632-6222) Contract #T001680 SUNY Farmin~ldale Replacement of Boiler #4 State University of NY $22,500.00 50% May-12 (Paul Chang 718-888-7120) Contract #cj427-01 9UNY SB Chilled Water Pipe Replacement State University of NY Schuyler En~lineerin~, P.C. $1,254,200.00 (Chadn Alicea 860-678-6678) Contract #11311167 COMPLETED PROJECTS Project Name Owner Architect Contract Amount Prime/Sub Date Completed SUNY Stony Brook NY State Facilities & Engineering $2,000,000.00 Prime April-09 (Lou Rispoli 631-632-6218) Contract #C001161 Cold Spring Harbor Laboratory, #1 Cold Spring Harbor Labs Dvirka & Bartilucci $2,250,000.00 Sub August-08 (Jack O*Donnel1631-567-7200) Contract #001 Cold Spring Harbor LaboratorT,#2 Cold Spring Harbor Labs Dvirka & Bartilucci $1,250,000.00 Sub December-09 (Jack O'Donnel1631-567-7200) Contract #002 Hampton Bays Middle School Hampton Bays SDS Burton & Smith $'1,095,000.00 Sub November-08 Peter Pavlakis 631-134-7300) Contract #06-3925 Cold Spring Harbor Manhole Rehab. Cold Spring Harbor Labs Dvirka & Bartilucci $54,320.00 Prime December-08 (Jim Maclwe 631-567-7200) Contract #1 SUNY Apartments State of New York L. Jrbahn Architects $348,000.00 Sub August-08 (Joe Sellars 516-921-7100) Contract #03-0702-04 SUNY CEWlT SUNY-Research Found. Vlitchell, Giurgola Arch. St,000,000.00 Sub August-08 (Nick Leo 631-744-6147) Contract #13292 New Bridge Road Parking 100 Duff,/Ave LLC Paulus, Sokolowski & St'10,000.00 Sub December-0~ Sart. Hempstead Parking Restripincj I Park Holdings LLC Paulus, Sokolowski & $233,000.00 Sub November-08 Sari. Grace Parking Lot Cold Spring Harbor Lab Dvirka & Bariilucci $348,000.00 Prime June-08 CSHL Carnegie Building Cold Spring Harbor Lab Dvirka & Bartilucci Eng. $258,000.00 Sub February*00 (Jack O'Donnel1631-567-7200) Contract #0700 Roosevelt/Kelly Quad Foundation State of New York Goshow Architects $524,000.00 Sub August-08 (Paul Mohlman 716-720-6200) Contract ~904 Hofstra Netherlands Hofstra University Faren Development LLC $97,000.01~ Sub September-08 (Joe Sellars 516-921-7100) Contract #3-0823-64 Stony Brook ITS State of New York Goshow Architects $98,000.0(] Prime September-08 (Marino Grle 212-242-3735) Fire Hydrant Replacement Republic Airport URS Corporation $57,600.0(] Prime December-08 (Andrea Luff 631-752-7707) Contract #C011548-S3-AIR99 Air Traffic Control Tower Federal Aviation Admin Leo A. Daly $335,000.0(] Sub December-09 (Jim Kyroglou 631-744~147) Contract #07-00052 Murphy Hall Renovation Dept. of the Navy Fletcher Thompson, Inc. $115,000.0(] Sub Ma¥-10 (Mike Lupo 631-744-6147) Contract g07-00052 Brookhaven Nat. Lab Bldg. 515 E~rookhaven National Lab Wiedersum Assoc. $114,000.00 Sub June-08 New Biotechnology Building SUNY - State of New York Davis Brody Bond $73,000.00 Sub December-09 (Nick Leo 631-744-6147) Contract #13B53 Peconic Bay Surcjical Pavillion F~iverhead Town Dev. Sidney B. Bowne $576,000.00 Sub April-09 Overlook Drive (Anthony DeMaio 631-451-6252) ]'own of Brookhaven L.K. McLean Associates $100,1 t '1.00 Sub December-09 CountrTwood Primary Center Contract #20090063 (Kenneth Suda1631-756-8000 ext 1163) .S. Huntington UFSD H2M $40,030.00 Prime October-10 Henry L. Stimson Middle School Contract #P (Kenneth Suda1631-756-8000 e~ 1163) S. Huntington UFSD H2M $34,790.00 Prime October-1 0 600 Bed Residence Contract #P (Dave Hoff 631-744-6147) Dorm. Authority of NY Goshow Arcjotects $360,000.00 Sub October-1 0 COMPLETED PROJECTS BNL - BId~l. 734 Contract #DA138848 (Phil Gardner 631-344-3199) Bmokhaven Nat'l Lab HDR CUH2A $1,772,000.00 Prime September-10 Simon Center Contract #149689 (Dan Navarro 516-921-7100) Ston~/Brook University Perkins Eastman $462,500.00 Sub September-lO East Hampton Hi,ih School Contract #3-0906-01 (Carmine Nicoletta 631-434-7300) E. Hampton UFSD B H & A Amhitects $1,750,000.00 Sub September-lC Contract #09-3951 Roth Quadrangle Pond State University of NY Facilities & Engineering $t95,000.00 Prime April-11 (Kevin Rooney 631-632-6222) Contract #TOO 1562 Armed Forces Reserve Center US Property & Fiscal Office QPK Design $1,550,000.00 Sub (Victor Carrero 631-744-6147) State of New York Contract ~W912PQ-08-C-0021 November-11 Countrywood Primary Center Town of Huntington H2M $55,069.00 Sub August-Il (John Maguire 631-782-1020) Contract #SHSD09~3C Brookhaven Nat'l Lab - RSL Brookhaven Nat'l Lab Flad Architects $85,000.00 Sub October-11 (John Rambold 516-921-7100) Contract ~3-1113-61 Olney Barn I~ Cold Sprin~l Harbor Lab Cold Spdn~ Harbor Lab Centerbrook Architects $69,000.00 Prime Dec-11 (Bruce Fahlbusch 516-367-8482) Contract#620781-SV Shore Rd Storrnwater Remediation Town of Brookhaven L.K. McLean Associates PC $386,830.00 Prime Oct-11 (Bdan Oakley 631-451-6252) Contract #20110011 rar~let Rock National Wildlife Refu~le US Dept. of the Interior C & S En~lineers Inc. $196,470.08 Prime Jan-12 (Dale Aubin 413-253-8230) Contract #Fl 1PC00483 G&M EARTH MOVING INC.- EQUIPMENT LIST Ecluipment Year Model Serial Number Value 450 2002 WA-450-5 A36024 $261,000.00 446 1994 CAT 5BL00363 $30,000.00 BOMAG 1985 BW210 82445 $12,000.00 D31 1985 DSIA-17 33079 $8,000.00 PC300 2006 PC300LC-7 A87157 $238,000.00 PC78 2007 PC78MR-6 3077 $98,000.00 GEHL 2005 5640T 05640J00505114 $31,000.00 FORKLIFT CLARK Y68500249075K $10,000.00 966F 1997 CAT 1SL02328 $80,000.00 WACKER PLATE 1997 6055 785952185 $8,000.00 ' 470 2001 WA470-3 H21594 $182,000.00 71 OD 1999 JD71 OD T0710DJ875458 $80,000.00 892E 1998 892ELC FF892EX012584 $125,000.00 PLATE TAMPER 2000 MBWGP7000 1301385 $7,000.00 PLATE TAMPER 2002 GP7000H 1301442 $5,400.00 COMPRESSOR $6,500.00 CEMENT MIXER 2002 MC62-SH-8 EC-751031 $5,000.00 PLATE TAMPER 2002 MBWGP7000 1301453 $5,023.00 318 2000 CAT 7KZ00430 $150,000.00 D5 2003 CAT D5N AGG00413 $130,000.00 SCREENING PLANT 2006 EXTEC 9514 $175,000.00 320 2009 BOBCAT T320 A7MP60301 $64,221.00 250 2009 BOBCAT T250 A5GS35162 $33,105.00 563 2003 CAT CS563E CNG00269 $90,100.00 D3-G 2064 CAT CAT00D3GPJMH00953 $45,000.00 450-6 2008 WA450-6 KOMATSU A44218 $252,010.00 430 2008 CAT 430E-ST EAT01237 $105,173.00 PC350 2010 Komatsu LC8 A10315 $297,000.00 TOTAL $2,533,532.00 Trailers TRAIL KING 1990 SEMI 1TKH04632LM125552 $20,000.00 EAGER BEAVER 1985 TRAILER 1120HA206FT200421 $5,000.00 EAST 2004 TRAILER 1EID3N3834RB34239 $25,000.00 CUSTOM 1969 TRAILER F494291 $4,000.00 SUMMIT 1996 TRAILER 1S8SD2833T0009203 $12,000.00 TRAIL KING 2007 TRAILER 1TKCO29297B062338 $20,000.00 TRIAL KING 2011 TRAILER 1TKJ05335BM012897 $80,000.00 Trucks MACK 1987 DUMP 1M2P140C5HA016600 MACK 2004 RD6FFRAC 1M3P114K84M002405 GMC 1998 RACK 1GDKC34F6WJ500047 PETERBUILT 1998 379 1×P5DB9XOWN449565 FORD 2003 F5D 1FDAF56F93EA34288 $51,000.00 FORD 2006 F350 1FTWX31PX6ED77904 $35,000.00 FORD 2008 F350 1FTWX31R58ED22247 $40,000.00 FORD 2008 F350 1FTWX31R98ED50178 $40,000.00 CHEVY 2011 AVALANCHE 3GNTKGE31BG152376 FORD 2006 F350 1 FTWX31P76EC01246 20,000.00 PROPOSAL FORM 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: November 22, 2012, 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: Three Drainage Retrofit Projects, Long Creek Drive & Laurel Avenue, Southold, NY and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will fumish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: 'NOTE: The Town of Southold reserves the right to increase, decrease, or eliminate in its entirety any or all items prior to or after award of the bid. Method of Measurement: The quantity to be paid for under this item shall be a lump sum for each of three individual drainage retrofit projects as measured in place and accepted by the Engineer in accordance with the specifications and drawings. Method of Payment: The quantity of accepted retrofit project work shall be measured and the vedfied by percent of completion and shall be paid for at the percent of contract pdce per lump sum bid, less 10% retainage, as called for in the proposal form. This pdce shall constitute full compensation for fumishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including carting/disposal fees, safety fencing, maintenance and protection of traffic, deleterious or unsuitable materials, reck walls, saw cutting, pavements, all items in conflict with proposed construction (as defined by the Contract Drawings), debds removal from site, clean-up, construction layout and saw-cutting. Long Creek Drainage Retrofit Projects D-1 PROPOSAL FORM (Cont.) ITEM # 1: Project # 1 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Precast Concrete Pipe, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (writt~in words) ~/ '~~ (written in numbers) ITEM # 2: Project # 2 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration,, Beach Grass, Topsoil & Seed and Clean Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LAUREL AVENUE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (W~en In words) Long Creek Drainage Retrofit Projects D-2 ITEM # 3: Project # 3 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Concrete Curbing, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Clean Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: PROPOSAL FORM (Cont.) 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 and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within fody-five (45) days after the date of receiving the bids. 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 (if any) of the following addenda: Addendum Number: ~ ,.,.,~ Dated: Signature of Bidder: Bidders Address: Telephone Number: ~,~[- ~cC¢~ .~,~,O~'1 Long Creek Drainage Retrofit Projects D-3 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: (Bidder) It intends to use the following listed construction trades in the work under the contract Lr~tooc.~,t6 ~ 0~.~ ~--~,~,,.~e~) C~"f' ;and, A. As to those trades set fo~h in the preceding paragraph one hereof for which it is eligible under Pa~ 1 of these Bid Conditions for pa~icipation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ~ ~ ~ ~ ~ ; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: L~'t~-cL,~ .; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the sul.c~i~/flc~j~/~i~/,y/these Bid Conditions. L-/- '7 -(Signature of Authorized Representative of Bidder) Long Creek Drainage Retrofit Projects F-1 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ~P~ I~.-Og~,~.~ ~-~- of the '"~..[~o ~ .~'~. ~,g.~ ~ $.~R~ (Na~ of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Long Creek / Hashamomuck Pond Watershed Retrofit Drainage Projects Long Creek Drive & Laurel Avenue, Southold, New York, 11971 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September '1, '1965. Signature Long Creek Drainage Retrofit Projects L-1 PROPOSAL FORM / / 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: November 22, 2012, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to fumish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work for: Three Drainage Retrofit Projects, Long Creek Drive & Laurel Avenue, Southold, NY and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: 'NOTE: The Town of Southold reserves the right to increase, decrease, or eliminate in its entirety any or all items pdor to or after award of the bid. Method of Measurement: The quantity to be paid for under this item shall be a lump sum for each of three individual drainage retrofit projects as measured in place and accepted by the Engineer in accordance with the specifications and drawings. Method of Payment: The quantity of accepted retrofit project work shall be measured and the vedfied by percent of completion and shall be paid for at the percent of contract price per lump sum bid, less 10% retainage, as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including carting/disposal fees, safety fencing, maintenance and protection of traffic, deleterious or unsuitable materials, rock walls, saw cutting, pavements, all items in conflict with proposed construction (as defined by the Contract Drawings), debris removal from site, clean-up, construction layout and saw-cutting. Long Creek Drainage Retrofit Projects D-1 PROPOSAL FORM (Cont.) ITEM # 1: Project # 1 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Precast Concrete Pipe, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED_FOR THE STIPULATED "LUMP SUM" OF: in words) (written in numbers) ITEM # 2: Project # 2 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration,, Beach Grass, Topsoil & Seed and Clean Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LAUREL AVENUE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED ~LUMP SUM" OF: (written in [vords) (written in numbers) ITEM # 3: Project # 3 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Concrete Curbing, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Clean Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in Words) (written in numbers) Long Creek Drainage Retrofit Projects D-2 PROPOSAL FORM (Cont.) 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 and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, fudher 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 (if any) of the following addenda: Addendum Number: /~_. Dated: Signature of Bidder: Telephone Number: Bidders Address: ,~/.,'/ ./~('~--,/,c_ *~.~_ Date: '"~/ "¢ /IZ-- Long Creek Drainage Retrofit Projects D-3 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as tree 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 ~c~ ~-. ~--~--,~-~ ofthe (Name of signatmT) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Long Creek / Hashamomuck Pond Watershed Retrofit Drainage Projects Long Creek Drive & Laurel Avenue, Southold, New York, '11971 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~ (SEAL OF THE CORPORATION) Laws of New York, t965 Ch. 751, Sec. t03-d, as amended & effective on September t, 1965. ~ ~gnature Long Creek Drainage Retrofit Projects L 1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: It intends to use the following listed construction trades in the work under the contract ; and, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: .; and/or, Bo As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. /..~,,~(Signature of Authorized Representative of Bidder) Long Creek Drainage Retrofit Projects PROPOSAL FORM TO: $OUTHOLD TOWN BOARD TOWN HALL - §309§ MAIN ROAD $OUTHOLD, NEW YORK 1'1971 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: November 22, 2012, 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: Three Drainage Retrofit Projects, Long Creek Drive & Laurel Avenue, Southold, NY and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: 'NOTE: The Town of Southold reserves the dght to increase, decrease, or eliminate in its entirety any or all items prior to or after award of the bid. Method of Measurement: The quantity to be paid for under this item shall be a lump sum for each of three individual drainage retrofit projects as measured in place and accepted by the Engineer in accordance with the specifications and drawings. Method of Payment: The quantity of accepted retrofit project work shall be measured and the vedfied by percent of completion and shall be paid for at the percent of contract pdce per lump sum bid, less 10% retainage, as called for in the proposal form. This pdce shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including carting/disposal fees, safety fencing, maintenance and protection of traffic, deleterious or unsuitable materials, rock walls, saw cutting, pavements, all items in conflict with proposed construction (as defined by the Contract Drawings), debris removal from site, clean-up, construction layout and saw-cutting. Long creek Drainage Retrofit Projects D-1 PROPOSAL FORM (Cont.) ITEM # 1: Project # 1 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Precast Concrete Pipe, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE ~'/~/~/COMPLETED FOR~STIPULATED"LUMP SUM" OF:~//~/~/~//~:2/~-/C~.~g~ ~ ~/.,t ~(~ ~)' ~ ~ ~/(written1 in v~ords) ~ - (written-ih numbers) ITEM # 2: Project # 2 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration,, Beach Grass, Topsoil & Seed and Clean Fill. TH E CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LAUREL AVENUE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED/FOR THE/jSTIPULATED "LUMP SUM" OF: ~d~ , ~ ~t' {/(writtenlnw0rds) '' ./ 't .... (wrl~tenl'r~umbers) ITEM # 3: Project # 3 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Concrete Curbing, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Clean Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE ~'~/~///Y~/~~~j'~/'~Z*~'-'~/'COMPLETED F~R THE ~STIPULATED "LUMP SUM" OF:~_~"~ 7) ~'~ '?-'~ f(writtenin~vords) / - ' ~" /%// ~// /~'~' (writte~ in numbers) Long Creek Drainage Retrofit Projects D-2 PROPOSAL FORM (Cont.) 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 and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. 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 (if any) of the following addenda: Addendum Number: /,,----,~J/,'l Dated: Signature of Bidder: Telephone :/~)Number: Long Creek Drainage Retrofit Projects D-3 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as tree under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that L ,..,% ~,. ~,~JO~.,';t ofthe"~-~-,~- ~.,~lcx~T£1,z~ (Nam(e of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Long Creek / Hashamomuck Pond Watershed Retrofit Drainage Projects Long Creek Drive & Laurel Avenue, Southold, New York, 11971 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, '1965 Ch. 75'1, Sec. 103-d, as amended & effective on September '1, '1965. Signature Long Creek Drainage Retrofit Projects L-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: It intends to use the following listed construction trades in the work under the contract / A. As to those t s set forth in t eding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ~ B. As to those trades for which it is required by these Bid Conditions to comply with Part II o[ these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action stops contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to the~e Bid Conditions, those trades being: ~--~///~//{ ~_ ; and, // / It will obtain from each ,of its sul~contractors and submit to the contracting or administering agency.p~Jor to tt t'~vCard of any subcgntractor underthis contract the su bcontractor c~Jff~ ~~nditions. ~' (~i~¢hatuY..e~ul :i~Zed) RE, presentCt~i~ of Bidder) / Long Creek Drainage Retrofit Projects F-1 THE AMERICAN INSTITUTE OF ARCHITECTS - AIA Document A310 Bid Bond BOND NO: N/A KNOW ALL MEN BY THESE PRESENTS , ghat we TERRY CONTRACTING & MATERIALS, INC. 840 W. MAIN ST., RIVERHEAD, NY, 11901 as Principal, hereinafter called the Principal and LIBERTY MUTUAL INSURANCE COMPANY 1200 MACARTHUR BLVD., MAHWAH, NJ 07430 a corporation duly organized under the laws of the State of MASSACHUSETTS as SURETY, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD SOUTHOLD TO~/N HALL, P.O. BOX 1179, 53095 MAIN ROAD, SOUTHOLD, NY 11971 as Obligee, hereinafter called the 0bligee, in the sum of **FIVE PERCENT OF AMOLrNT BID ** Dollars ($ *5% OF AMOUNT BID for the payment of which sum well and truly to be made, the said Principal and the said Surer bind ourselves, our heirs,executors, administrators, successors and assfgns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for THREE DRAINAGE RETROFIT PROJECTS, LONG CREEK DRIVE & LAUREL AVENUE, SOUTHOLD, NY with the 0bligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding Signed and sealed this 2ND day of APRIL 19 2012 (Witness) (Witness) ) TERRY CONTRACTING & MATERIALS, INC. (Principal) AME T FRANK STRCICH, V.P. ~Seal) GLENN G. GLUBIAK, ATTORNEY-IN-FACT (Surety) (Seal) AEEorney- in- r act AIA DOCUMENT A310 * BID BOND AIA ~ * FEBRUARY 1970 ED ,,THE AMERICAN I N S T I T U T E O F-'A RC H I T E CT S, 1735 N.Y., N.W., WASHINGTON, D.C. 20006 OFFER OF SURE .T~. (To be completed by Each Bidder) In the eventthe above proposal is accepted and the undersigned is awarded the Conb'act for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surely:. LIBERTY MUTUAL INSURANCE COMPANY SURETY COMPANY (Bidder) Signature: CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company, In the event that the above Proposal is accepted and the contract for the work is awarded to said TERRY CONTRACTING & MATERIALS, INC. (BiddeCs Name) the LIBERTY MUTUAL INSURANCE COMPANY will execute (Surety Company) the Surety Bonds as herein-beforo provided. Signed: Date: Auth°rized ~'ficial'~ge~t °¢Att°~'~Y-GLENN G. GLUBIAK, ATTORNEY - IN - FACT APRIL 2, 2{)12 IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED, LOng Creek Drain&ge Retrofit PrOjec:s G-1 ACKNOWLEDGMENT OF CONrrRACTOPJPRINCIPAL IF A CORPOKATION STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the 2nd day of APRIL came JAMESC. TERRY in the year 2ol 2, before me peoomlly m me known, who being by me duly sworn, d/d depose and say that he resides in EAST NORTHPORT, NEW YORK , llmt he is the VICE PRESIDENT of TERRY CONTRACTING & MATERIALS~ INC. , the corporation described in and which e0t~uted tho abovo ~tmm~t; a~l that he sJSned 1~ nemc t~to by authority thc board of dlrecto~ of sa/d corporation. JENNIFER SPADARO '! Notary Pub c S ate of New ~ Qualified in Suffolk Coun~ l' Commission ~ept. 7 UNOTAR~ PUBLIC ACKNOWLEDGMENT OF SURETY STATE OF NEW YORK COUNTY OF SUFFOLK ) ) SS.: ) Onthc 2nd dayo~ APRIL intheyear20q2;beforemepersonallycnme GLENN G. GLUBIAK to me known, who, being okdy sworn, did daposc and say thal he reside~ at COMMACK, NEW YORK , [hat he the Attorney-In-Fact of LIBERTY MUTUAL INSURANCE COMPANY the co~oration da~cfibed in and which executed the above inst~tment;, nnd that he si~ed his nnme thereto by order of the board of dilr, ctor~ of :mid corporation. JENNIFER SPADARO ,~,, Notary Public State of New YorF ~;~ !(~ NO. 01SP5017514 ~ Qualified in Suffolk Counb/ Commia$ioe Ex_~ires Sept. 7 NOTARY PUBLIC T.,S PO R OF A rOR.EY iS .OT VAL,D UNLESS ,T,S PR,.TED O. RED CKO.OU. . 2949846 This Power of Aflorney limffe ~e a~ of thee n~ed herein, and ~ey have no authorlW to bind ~e Company ex.pt In ~e manner ~d to · e e~ent h~efa s~ed. LIBER~ MUTUAL I~UR~CE COMPANY B~ToN, MASSACHU~S P~ER OF A~ORNEY · . KNOW ALL PER. NS BY THeE PRESENt; Th~ ~Pe~M~/ ~umhce Company (~e C~y ), a ~h~ ~k insum~ c~pany, p~nt ~_a~by au~ of ~e By-~w and A~Hzafi~ hereinafter ~t fo~. ~ her~y ~, c~e and ~nt GLENN G. GLUBIAK, JENN!FER SPADARO, DAVID ~ ~LD~EI~ ALL OF THE CI~ OF SMITHTOW~ STATE OF , each i~v~ if ~ore ~ ~re ~en ~'~, its t[~end la~l a~y~i~-~ ~ m~ke, e~e, ~al, a~l~ a~ d~e;, f~ a~ ~ i~ be~lf as sum~ and ~ i~ a~ a~'~, any a~ all U~'~, ~, r~l~n~ ~d ~;~e~ obliging. ~.~e pe~ ~m n~ ~ng HU ~D~ MLLONAN0~ ,. ~S($ ~,~0.~ ~ .... )e~,andt~ C~any as ~f ~y had be~ duly si~d by ~e ~nt a~affe~ by ~' ;~te~ of~the C~pany fa ~eJr own. pr~r pe~s. That this power is made and executed pursuant to and by aLrii3Ol~ty o[ thl~ ~3]Jowing By-law and Authorization; ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the oresidsnt, and subject to such limitations as the chairman or the pmsidant may prescribe, shall appoint such atforneysqn-fact, as may oe necessary to act in behalf of the Company to make, execute, seat. acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have tull power to bind the Company by their signature and execution of any such insirume~ts and to at/ach thereto the seal of the Company. When so execatad SUCh instrureer~ts shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or tile president has authorized the officer or other official named therein to appoint attorneys, in.fact'. Pursuant to Article Xlll. Section 5 of the By-Laws. Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in.fact as may be necessary to act in behalf of the Company to make, execute, seal. acknowledge and dsliver as sure~/any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 14th day of June , COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY LIBERTY MUTUAL INSURANCE COMPANY Garnet W. Elliott. Assistant Secretary On this 14th day of ~, 2010 before me. a Notary Public, personally came Garnet W. Etiiott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual leaurence Company; that he knows the sesi of said corporation: and that he executed the above Power of Attomey and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said comoration first above written. ~' name and affixed my notadal seal at Plymouth Meeting, Pennsylvania, on the day and year ~OMMONWEAL,TH OF P ENNSYLVANt Aflota¢~ se~ ~ ~ u~ c~,~ ~ ~ ~ ~o~ r~ Pastella, Nota~ P~c -- CERTIFICATE I. the undersigned, of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing -- ~s a full, tree and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Officer or official who execute~l the said power of attomey is an Assistant Secretary specially authorized by the chairman or the president to spP°i~t attorneys-in-fact as ~rovided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This ceffiflcate and the above ~ower of attorney may be signed by facsimile or mechanically reproduced signa[ures under and by authority of me following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a ce~fied copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. II',~ESTIk~ONYWHEREOE Ihavehereuntosubscribedmynameandaffixedthecorporatesealoftheeaidcompany, this ~ dayof Oav~t' M: Carey, Assi~t' j Secretary Liberty Mutufil. LI]3ERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT-- DECEMBER M, 2010 Assets Cash and Bank Deposits ........................................... $ 795,278,733 *Bonds -- U.S Government ....................................... 928,976,332 *Other Bonds ............................................................... 12.269.586,768 *Stocks ......................................................................... 8,410,330,089 Real Estate .................................................................. 280,897,925 Agents' Balances or Uncollected Pramiuras ............ 2,971,477,549 Accrued Interest and P. ents ....................................... 156,129,412 Other Admitted Assets .............................................. 10,888,871,535 Liabilities Unearned Premiums .................................................. $3,502,531,059 Reserve for Claims and Claims Expanse ................. 15,450,806,243 Ftmds Held Under Reinsurance Treaties .................. 1,764,193,716 Reserve for Dividends to Policyholders ................... 4,776,435 Additional Statutory Reserve .................................... 89,441,297 Reserve for Commissions, Taxes and Other Liabilitias .................................................... 2,126,508,564 lotal ................................................................ $22,938,257,314 Special Staplus Funds .................. $1,218,426,655 Capital Stock ................................ 10,000,000 paid in Surplus .............................. 7,731,965,815 Unassigned Surplus ...................... 4,802,898,559 Surplus to Policyholders ...............................13,763,291,029 Totul Liabilities and Surplus .................................. .'g36.701..~as.3a,3 ~ ) * Bond~ a~e stated at amortized or inveslment value; Stocks at Association Market Values. ' The foregoing financial informalion is taken from Liberty Mutual usurance Company's financial statement filed w/th the state of Massachusetts Depadrnent of Insurance. o ere. I, T1M MIKOLAJEWSKI, Asmtant Seerctasy of Liberty Mutual Insurance Company, do hexeby em~ify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of De,amber 31, 2010, to the best of my knowledge and belief IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, th/s 29th day of March, 2011. Assistant Secretary THE AMERICAN INSTITUTEOF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we ALBRECHT LANDSCAPE CONTRACTING 1NC. 5665 MAIN RD., MATTITOCK, NY 11952 as Principal, hereinaRer called the Principal, and Western Surety Company 101 South Phillips Avenue Sioux Falls, SD 57104-6703 a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto SOUTHOLD TOWN ENGINEERING DEFT MAIN RD SOUTHOLD, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of 5% not to exceed FIVE THOUSAND a 00/100 DOLLARS Dollars(S5,000.00), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present. WHEREAS, the Principal has submitted a bid for DRAINAGE RETROFIT NOW, T~OILE, if the Obligec shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with ~he ttwma of such bid, and give such bond or bonds a~ may be specified in the bidding or Conu'act Documen~ with good and sufficient su~ty for the faithful performance of such Conlxact and for the prompt payment of labor and mat~r'ml furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bunds, if the Principal shalipay to the Obligec the difference not w exceed the penalty hereof between the amount spcciflnd in said bid and such hrger amount for which the Obligee may in good faith con.act with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 4 DAY OF APRIL 2012 (Wimess) (Principal) . .~_ (Seal) (Wimess) Document A310T" - 2010 Bid Bond CONTRACTOR: (Name, legal status and address) AD JO CONTRACTING CORP. 207 Knickerbocker Ave. Bohemia, NY 11716 OWNER: (Name, legal status and address) TOWN OF SOUTHOLD SUI~TY: (Name, legal status and principal place of business) BERKLEY REGIONAL INSURANCE COMPANY 60 East 42nd Street NewYork, NY 10165 Engineering Depa~ment 53095 Main Road, Southold, NY 11971 BOND AMOUNT: Five p~rcect of amount bid. (5% of Amount Bid) PROJECT: (Name, location or address, and Project number, if any) Drain Retrofit Projects Installaaa~on of Three New Drainage Projects for Long Creek Ddve & Laurel Avenue 'l~is document has important legal consequences. Consultation with an attorney is encouraged with respect to its eempisflon or modification. Any s~ngular mferenee to Contractor, Surety, Owner or other party shall he considered plural where applicable. Project Number, ffany: The Contractor and Surety are bound to thc Owner in thc amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as pmvidnd heroin. Thc conditions of this Bond arc such that if thc Owner accepts the bid of ~ Conttactor within the time speeified hi thc bid documents, or within such time period as may 1~ agreed to by Lhe Owner and Comxactor, and the Contractor either (1) enters into a contract with the owner in accordaace with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Pmj~'t and otherwise acceptable to the Owner, for the faithful paffonna~e of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the owner the difference, not to exceed the amount of this Bond, between the amount spacified in said bid and such larger amount for which the owner may in good faith conUact with another party to perform the work covered by said bid, then this obligation shall he null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond ~ time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed m he Subcon/mctor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statnto~y or other legal requiremem m the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed iacorpomted herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a coununn law bond. Signnd and seaied this 30th dayof Mamh, 2012 (Witness) (Seal), (Seal) ! V_~ar~e.~ ~pat-es, A'ttomey in Fact ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF New York ,) COUNTY OF ,) ON THE ")- ~DAY OF //~f~-'J--- 2012, BEFORE ME PERSONALLY CAME ,.~J~,/~ I~ J/o~'~,~ TO ME KNOWN. WHO, BEING BY ME DULY SWORN, DID DEPO~;E AND SAY/THAT IS)HE RESIDES AT /~hy]J,,-,~ /J/t/~,, , THAT (SiHE IS THE /')~-~'~.Z~'J~'- OF Adio Confraclina Corp. THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; AND THAT (S}HE SIGNED HIS/HER NAME THERETO BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION. ~~ Notary Public ............. ;" J~ ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK,) COUNTY OF NASSAU,) ON THE 30~ DAY OF March 2012, BEFORE ME PERSONALLY CAME Valorie I. Spates TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT IS)HE RESIDES AT Queens Counly, NY THAT IS)HE IS THE ATTORNEY-IN-FACT OF BERKLEY REGIONAL INSURANCE COMPANY THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT IS)HE KNOWS THE SEAL OF SAID CORPORATION; THAT ONE OF THE SEALS AFFIXED TO THE FOREFGOING INSTRUMENT IS SUCH SEAL; THAT IT WAS SO AFFIXED BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION; AND THAT IS)HE SIGNED HIS/HER NAME THERETO BY LIKE ORDER. Notary Public DENISE CUCURULLO Notary Public, State Of NewYork No. 01CU4783740 Qualified in N~ssau County J '~ Commission Expires September 30, 20 ~ POWER OF ATTORNEY BERICLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE No. 107i NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: David gE. Rasehill, Nancy Sehnee, William .4. Marino, ,4ndrea E. Gorbert, ,4nnette Leuschner, Matthew J. Kelly or Valorie L Spates of ~Ion Risl; Services Northeast, Inc. of Jericho, NY its true and lawful'Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directurs of the Company held on August 21,2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the sea] of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and sea] when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shah have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instxuments shall be issued." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and corporate seal hereunto affixed this ~X day of /q O'~/~, 201 I. By Ira S. Lederman Senior Vice President & Secretary Berkley Regional Insurance Company '"~egi~r ¥ice Presit~lent its WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this ,& 1 day of ~ ~-~'~, 2011, by Jeffrey M. Halter and Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Company. Ig'lL££bl KILLla'l~l~l I~ GO~MI~)I~I E~II~ESJUKIE30,~0~2 Notary Public, State of Connecticut CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this day of ' -j~:~ /~ , __. (Seal) Andrew Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group, LLC is the affiliated underwriting manager for the surety business of: Acadia Insurance Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond, please call (866) 768-3534 or email BSGlnquiry~berkleysurety.com Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group, LLC 412 Mount Kemble Avenue Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or email BSGClaim~berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case ora payment or performance bond, please identify the project to which the bond pertains. BERKLEY REGIONAL INSURANCE COMPANY STATUTORY BALANCE SHEET DECEMBER 31, 2011 (AMOUNTS IN THOUSANDS) Admitted Assets Bonds Common & Preferred Stocks Cash & Short Term Investments Premiums Receivable Other Assets 1,342,972 500,327 104,345 272,140 463,270 Total Admitted Assets $ 2,683,054 Liabilities & Surplus Loss & LAE Reserves Unearned Premium Reserves Other Liabilities 1,421,671 515,193 46,362 Total Liabilities $ 1,983,226 Capital Stock Additional Paid In Capital Unassigned Surplus 4,000 347,723 348,104 Total Policyholders' Surplus $ 699,827 Total Liabilities & Surplus $ 2,683,054 Officers: President: William Robert Berkley, Jr. Secretary: Ira Seth Lederman Treasurer: Ann Made Collins Sr. Vice President & CFO: Eugene George Ballard Sr. Vice President: Robert Paul Cole Vice President: Clement Patrick Patafio Directors: Eugene George Ballard William Robert Berkley William Robert Berkley, Jr. Robert Paul Cole Paul James Hancock Robert Carruthers Hewitt Ira Seth Lederman Clement Patrick Patafio James Gerald Shiel CASHIER'S CHECK DATE SPeeCH I~a:k¥ Point t{est COST CENTER {- Drawer: Capital One, N.A, AUTHORIZED SIGNATURE AI) ' Document A310 TM- 1970 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we G & M Earth Moving, Inc. of 345 EIIsworth Street, (Here insert full name and address or legal title of Contractor) Holbrook, NY 11741 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America of One (Here insert full name and address or legal title of Surety) Tower Square, Hartford, CT 06183 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold of 53095 Route 25, (Here insert full name and address or legal title of Owner) Southold, NY 11971 as Obfigee, hereinafter called the Obligee, in the sun, of FIVE PERCENT OF AMOUNT BID Dollars ($ 5% Amt Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrato~, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Long Creek Drive & Laurel Ave. - Installation of Three New (Here insert full name, address and description of projecO Drainage Projects - Southold, NY - Including Site Excavations, Clearing & Drainage NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall cnter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Conu'act and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Conlract ired give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obtigee may in good faith contract with another party to perform the Work covered by said bid, then Ibis ob]igatiou shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 28th day of March, 2012 (Wimess) Earth Moving, Inc. [J~rincipal) : (Seal) 7raveler~ Casua and S~ny~Americ~ 'ttl~ Su'~an P Hammel (Seal) .. Attorney m F~I' (Seal) AIA nocumerll A310TM - 1970. Copyright © 1963 and 1970 by The American Institute of Architects. ACKNOWLEGEMENT OF PRINCIPAL, OF A CORPORATION COUNTY OF SS; On this ~a~ d~y of ~'~ , ~ before me personally came ~IL~O-~I[~ - to me ,knqwn, who, being by rr~ duly, sworn did depose and sa.Wthat~he resides at ~&l('ltLi' ~/Oqtllk- ~lDhOqll.0_.,/dy the corporahon described m-mtid whmh execnted the f~regoing instrument~that~he knows the seal of said corporation; that one of the seals affixed to the foregoing instrument is such seal; that it was an affixed by order of the board of directors of said comoration and ' LAUREL & WALSH Nota~, Public, State of New York No. 01WA6097463 Qualified in Suffolk ( ACKNOWLEGEMENT OF SURETY STATE OF. New York COUNTY OF_ Nassau SS: Onthis 2at-h _dayof March 2012 ,'beforeme personally came Susan P- 14ammel to me known, who, being by me duly sworn, did depose and say that he is an Attorney-In-Fact of Travelers Casualty & Surety Comp~zar of america the corporation described in and which executed the within instrument; that he knows the corpolate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed and said instrument and affixed the said seal as Attorney-In-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standbg Resolutions thereof. LYNN ANN INFANTI ~ Notary Public, State of New York ~ No. 011N6004351 . ~ Qualified in Suffolk County ?')f) ~ Commission Expires March 23, ~.-. -- My commission expires Notary Public TRAVELER WARNING: THIS POWER OF ATrORNEY.tS ) NV,~-IB WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company SL Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 221039 Ce ea. No. 004507596 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of thc State of Minnesota, that Famdngthn Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporabons duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, const/tute and appoint Joseph Sforzo, Robert W. O'Kane, Robert M. Kempner, Lori Fay, and Susan P. Hammel of the City of Plainview , State of New York their true and lawful Atthmey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or p ~ ~eedings allowed by law. 7th IN WITNE~SS ~gH. EREOF, the Comp~0~s. have caused this instrument tdbe signed and the~ corporate seals to be hereto affixed, this day of ~ -~' ~ ~ * Fannington Casualty ~o!~patiy St. Paul Mercury Insurance Company Fidelity and Guaranty lnshrance ~mPa~ Travelers Casualty and Surety Company F~dehty and Guaranty Insurance Underw~ters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company eeeeeeeee tt ? -.- *}o{ State of Connecticut City of Hartford ss. 7th September 2011 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officen In Witness Whereof, l hereunto set my hand and official seal, My Commission expires the 30th day of June. 2016. 58440-6-11Printed in U.S.A. WARNING: THIS POVVER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty C, ompany, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St, Paul Fire and Marine Insurance Company, St. Paul Guardikn In~t~rance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions ~re now in full force and effect, reading as folhiws: RESOLVED, that the Chairman, the President, any Vice Chninnan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's sea[ bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recog~zance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or be~; and it is FURTHER RESOLVED, that th~ Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice l~esideat or any Vice President may delegate all or any pa~t of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed ha the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President. ~uy Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant T~easuter, the Corporate Secrete~y or any Assistant Secretary sad duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or mote Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signatu~ of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice Ptesident, any Secretary, any Assistant Secreta~, and the seal of the Company may be affixed by facsimile to say Power of Attorney or to any certificate relating thereto appointing Resident Vice l~esidents, Resident Assistant Secretaries or Attorneys-In-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligato~ in the nature thereof, and any such Power of Attemey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall bo valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farnlh~gtun Casualty Compealy, Fidelity mad Guaranty inaurance Company, Fidelity and Guaranty Insurance Underwriters, inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian I St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. ? certify that die above and foregoing is a true and correct copy of the Power of Attorney executed b IN TESTIMONY WHEREOF, I have hereunto set my hand a March , zcl2. ["Kevin E. Hughes, AssiStant Sec~tary eeeeeeeee To verify the authenticity of this Power of Attemey, call 1-800-421-3880 or contact us at www. travelersbond.com. Please refer to the AttomepIn-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TOTAL ASSETS- .... C~~~~~R A~CRUEO EXPEl' SEE AND LIAI~II*ITIE~ 10.~ ~}Z6 .S'TATE DP CONNECTICU([' COUNTY OF HAR1F~)R~ ) 88. CrI'Y OF HARTI,~ORD ) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A$~O Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Delalio/SFA 224A North Main Street, Southampton, NY 11968 as Principal, hereinafter called the Principal, and Service Insurance Company P.O. Box 9729, Bradenton, FL 34206-9729 a corporation duly organized under the laws of the State of FL as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold 53095 Main Road, Southold, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% of bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, adminisb'ators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Drainage Installation at Lon,q Creek Drive and Laurel Avenue NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 2012 3rd day of April , Service Insurance Company AIA DOCUMENT A310 · BID BOND · AIA · FEBRUARY 1~70 ED, · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE~, N.W,, WASHINGTON, D,C. 2~06 ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK COUNTY OF ~_ .~/]/~THE'~/ DAY OF _..~pR~IL 2012 BEFORE ME PERSONALLY CAME -' /- '" TO ME KNOWN, WHO BEiNG BY ME DULY SWORN. DID DEPOSE (S)HE RESIDES AT ~'(2~7)~HAT (S)~ IS THE AND SAY THAT ?~'-~ H~t,~r%Z- DELALIO/SFA A CORPORATION DESCRIBED iN AND OF ICH EXECUTED THE ABOVE iNSTRUMENT; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION Cynthia Bunch No. 0t-9 Q~I~ In S~olk Cou~ ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK COUNTY OF SUFFOLK ON THE 3RD DAY OF APRIL 2012, BEFORE ME PERSONALLY CAME THOMAS M. NILAND TO ME KNOWN, WHO, BEiNG BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE RESIDES AT LIDO BEACH, NY THAT (S)HE IS THE ATTORNEY IN FACT OF THE SERVICE INSURANCE COMPANY THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT (S)HE KNOWS THE SEAL OF SAID CORPORATION; THAT ONE OF THE SEALS AFFIXED TO THE FOREGOING INSTRUMENT IS SUCH SEAL; THAT IT WAS SO AFFIXED BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY LIKE ORDER /INota~y Public' ' ' ' THE SERVICE INSURANCE COMPANY (Statutory Basis) STATEMENT OF ADMITTED ASSETS, LIABILITIES SHAREHOLDER'S EQUITY AS OF DECEMBER 31, 2010 ADMITTED ASSETS Cash & Cash Equivalents & Short Term Investments Common Stocks Bonds Interest Income Receivable Premiums & Agents Balances Amounts Receivable from Reinsureres Current Federal Income Tax Recoverable Net Deferred Tax Asset TOTAL ADMITTED ASSETS LIABILITIES & SHAREHOLDER'S EQUITY 3,962,683 129,797 6,924,321 59,393 271,656 178,303 104,654 64,953 1 ~,695,760.. LIABILITIES Losses & Loss Adjustment Expenses Other Expenses Taxes, licenses & fees Federal Income Tax Unearned Premiums Amounts Withheld or Retained by Company for Accounts of Others Miscellaneous Total Liabilities SHAREHOLDER'S EQUITY Common stock, par value $20 per share 50,000 shares, authorized, issued & outstanding Gross Paid-In & Contributed Surplus Unassigned funds (surplus) Total Shareholder's Equity TOTAL LIABILITIES & SHAREHOLDER'S EQUITY 1,088,464 96,065 9,745 683,372 4,860,879 6,738,525 1,000,000 839,198 3,118,037 4,957,235 ,695,760 STATE OF NEW JERSEY ) ) COUNTY OF ESSEX ) SS I, I s S. Burger, President of Service Insurance Company, Inc., do hereby certify that the above is a true statement !;sets, liabilitiesofsaidCorporationasofDecember31, 2010. A~ : OF NEW JERSEY ) co..-, o, Subscribed and sworn befo.."e me, a Not~rY~U~~e County of Essex, this 1st day of July, 2011. Nota~ Public' THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOWALL MEN BY THESE PRESENTS, THAT WE Norman Kurrass Contractor, Inc. 264 Atlantic Avenue, East Patchogue, NY 11772 as Principal, hereinafter called the Principal, and International Fidelity Insurance Company One Newark Center, Newark, NJ 07102-5207 a corporation duly organized under the laws of the State of NJ as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold , , NY as Obligee, hereinafter called the Obligee, in the sum of Five Pement of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Drainage Retrofir Projects Installation of Three new drainage proiects for Long Creek Drive & Laurel Avenue NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not 1o exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full torce and effect. Signed and sealed this 2nd day of April 2012 ~,Itness) Norman Kurrass Contractor, Inc. I By: (Pdncipal .~--- (Seal) J rrass, Presiden~ International Fidelity Insurance Company J (Surety) (Seal) ~#e) At~orne~:i¢Ff~t "' ThS~as M. Nilancf ' ' (D#~ AIA DOCUMENT A310 · BID BOND · AIA · FEBRUARY 1970 ED. · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK COUNTY OF Suffolk ON THE 4th DAY OF APRIL 2012 BEFORE ME PERSONALLY CAME Kenneth A. Kurrass TO ME KNOWN, WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE RESIDES AT Bexxkort, lC/ THAT (S)HE IS THE OF NORMAN KURRASS CONTRACTOR, INC. DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION Notary Public ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK COUNTY OF SUFFOLK ON THE 2ND DAY OF APRIL 2012, BEFORE ME PERSONALLY CAME THOMAS M. NILAND TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE RESIDES AT LIDO BEACH, NY THAT (S)HE IS THE ATTORNEY IN FACT OF INTERNATIONAL FIDELITY INSURANCE COMPANY THE CORPORATION DESCRIBED 1N AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT (S)HE KNOWS THE SEAL OF SAID CORPORATION; THAT ONE OF THE SEALS AFFIXED TO THE FOREGOING INSTRUMENT IS SUCH SEAL; THAT IT WAS SO AFFIXED BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY LIKE ORDER '"Nota~"Public'' '- ~'-- C^YE i',:; t <' , ':, , :: Jdi,: 10, NEWARIC NEW JERSEY: 07102-5207 KNOW ALL M~N BY'I~IIESE .P~.~J~.~S.'. ~ ~ATI.ON~ ?ID~ .L~. I~. S_~U~. ~C~ COMPS, a ~c~owrp~,ra~organized anti existing laws of the State of New Jersey, ~ having l~s prmctpal office m the Ci~ of Newark, New lelsey, d0e~ hereby const~tate mm appo G~F~ i~6i, ikLiN. Liibl~RiJ"§(~if§~i)~'JR.'i"~i0'I~f~'i~i'J'lqi£A~ND, THOMAS G, MCMAHON, JOHN E. HARDY East Hampton, NY. qth~r ~iti~g~ ob. ltgato. B~: rathe na~r.¢ .~ercaf, which .are. or may be ~llow. iida r.equ~9_ri!_r~...._a?~_~ olJa.w:q~stamn?fi~br?}~I~¥! ,{fil~ZLlrl.y IN--CE the execu~uon of such mfitmn}ent(s) m.plimance 0t rinse pre~, .el?, mall ,1~. ~as m .n~g Ulm!L~m~ ¥~u, n, ,,~_,~ L~"?.I~,',,:_,_ .i~.~ ~*~-ers at its principal office. this Power of Ait0mey is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adup~xt by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February. r974. The President or an~ Vice President EXecutive Vice President. Secretar~ or Assistant Secretary, shall have power end authority (1) To appoint Attorneys-th-rata, and tO authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, confiners of indemnity and other writings ofiligatory in the nature thereof and, ~,2) To remove, at 9ny time, any such attorney-in-fact and revoke the authorigt given. Further th S Power of Attorney is signed and sealed by facsimile pursuam to r~solufion of the BOard of Directom of said Company adopted at a meeting duly called and held on the 29111 day of-April, 1982 o~ which the ~llow ngs a true excerpt Now therefore th¢.signainres of such officers and the seal of the Compapy may be affixed to a~y. puch po2v. ?' of at[.~, ey.o.r.a.ny ceniilca? ~lating there.toby facsimile, and any atlch.p0~er of attorney or enr!i..'fic~te b~m'ingLuO f~.e s!.mile sj .g~..t~.es or..~.cs~ :s?I shall _be2_ali,,~. a_ntl_. S..um2,t y ~.P~O~. ~eW~}~Pes~anY~c~ ~oa g~ bond'or undertaking to which it is attached. tN TESTflviONY WHEREOF, INTERNATIONAL FIDELI't?Y INSURANCE COMPANY has ca2~s~e~ this instalment ~o be signed and its corporate seal to bo affixed by its authorized Officer, this 16th day of OCtohar. A.D. 00 , INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Esse;~ On this 16th day of October 2007, before me came the individual who executed t~e precediniLLn!.mLm.~e.m.~_ Lo_~me~p.e.r_sona_.ll.i/.k.~.no.w.n.n.,. an.d, b~e~g t~a~f~e e~U[oY ewr, rn ¢flid the he ~s the therein described and authorized officer of the IN'I~RNATIONAL FIDELITY INSURANCE UOiVlrAI~ ¥; _mat me sya. .................. f D~reetom of said instrument i~ the Corporate Seal of said Company: that the said Corporate Seal and his mgnamre were duly affixed b~ order of the Board o sam Company. IN TESTIMONY WHEREOF. 1 have hereunto set my hand affixed my Official Seal. at the CJt~ of Newark. New Jersey the day and year first above written, A NOTARY PUBLIC OF NEW JERSEY My Commission Expires March. 27, 2014 CERTIFICATION I, the undermgned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of AiXorne5 and affidavit, and the copy of the Section of the B3 -Laws of sam Company as set fordq in said Power of Atinmey, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in MIl force end effect iN TESTIMONY WHEREOF. I have hereunto set my hand this da5 of ~.~ .' ~,.~ - ' %:~'~,:~ '.~ ~%,'~'~': '..,,~ ~ ~; ~-- ~i~'~ ,,t:..~, . .,~. .~ ..... INTI~NATIONAL I~DEI, ITY INSURANCI] C01~ANY ' ~em,uy S~ock ,e a~ (2o~em.2 dura ~a,m,m) O,dm ~, S~S.).. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOWALL MEN BY THESE PRESENTS, THAT WE P.S.L. Industries, Inc. 640 6th Street, Ronkonkoma, NY 11779 as Principal, hereinalter called the Principal, and Endurance American Insurance Company 767 Third Avenue, 5th Floor, New York, NY 10017 a corporation duly organized under the laws of the State of DE as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold PO Box 1179, 53095 Main Road, Southold, NY 11971 as Obligee, hereinafter called the Obligee, In the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presenls. WHEREAS, the Principal has submitted a bid for Drainage Retrofit Projects & Installation of Three Draina.(te Projects for Lon,q Creek Drive & Laurel Ave. Southold N.Y. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bends as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of March 2012 ~/tness) P.S.L. Industries, Inc. Princi Endurance A~lerican Insurance C~mpany ~F~ct Fern Perry (T~#e) AIA DOCUMENT A310 · BID BOND · AIA · FEBRUARY 1970 ED, · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 2~006 ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION STATE OF New York } COUNTY OF Suffolk ) ss: On this 3._~0 day of March, 20 12, before me personally appeared Robert M. Cembrook to me known, who, being by me duly sworn, did depose and say that he/she resides at 127 George Street, Smithtown, NY 11787, that he/she is the President of P.S.L. Industries, Inc. the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said corporation. ROSANNE CALLAHAN NOTARY PUBLIC STATE OF NEW YORK NO. 01CA602444 QUALIFIED iN SUFFOLK COUNTY cQMMIS~IQN EXPIRES MAY 10 q?)~'~ Notary Public ACKNOWLEDGMENT OF SURETY STATE OF NEW YORK } COUNTY OF NASSAU } ss: On March 30, 2012 before me personally came Fern Perry to me known who, being by me duly sworn, did depose and say that he/she resides at 255 Executive Drive, Plainview, New York 11803, that he/she is the Attorney-In-Fact of Endurance American Insurance Company the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said corporation. ROSANNE CALLAHAN NOTARY PUBLIC STATE OF NEW YORK NO. 01CA602444 QUALIFIED iN SUFFOLK COUNTY COMMI~!(~N EXPIRES MAY 10 ~ Notary Public ~ #10601 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 22nd dayof March, 2012. Sworn to before me this LEGAL NOTICE NOTICE TO B~)DERS NOTICE IS HEP~EBY GIVEN, in ac- 0) individual drainage c~ntrol projects Yo~ 119~1, un~l 1~ AM~ Ap~ ~, ~1,~ A fee of ~emy-five dollm~ ($ ~.~), ~ ~outhold will be r~quire~ for one (1) ~ any or all bids, and to relain bids for 45 chec~ o~ Bid B~ iu the amount of 5% Principal Clerk ~) dayo, ~/ /~7~ ~-- 2012. IA VOLINSKI NOTARY PUBLIC-STATE OF NEW 'fORK No. 01VO61050~0 guallfled In Suffolk County My ¢ommllllon l#pl~ll Rel~u{ary a{, 2016 23/03 '12 ERI 10:08 FAX 631 765 6145 SOIJTHOLD TOWN CLERK ~00! TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR MULTI TX/RX REPORT ****************************** 2O7O [, 5o] [$ 5111800§243329 [, 52]18882329941 [, 53]18002582984 [, 54]i5009§20544 Burrelle's Info Data Construct Dodge Reports Construct Info LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY OWEN, in accordance with the provisions of Section 10:3 of the Oeneml Municipal Law, that sealed bids are sought by the Town of Southold for the following: PROJECT: This Project includes three (3) individual drainage control projects for the Long Creek / Hashamomuck Pond Watershed Area. Two (2) are located on Long Creek Drive and one is located at the road end of Laurel Avenue. All three retrofit sites are situated within the existing To~m Road & Drainage System Easement Areas & Right-or:Ways and are located mediately south of Long Creek. The Town Board of the Town of Southold will receive bids for furnishing all materials, labor and equipment as specified in the bid documents tbr the supply and installation of three drainage retrofit prqjects and the reconstruction of Long Creek Drive and Laurel Ave. 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 1 ] 971, until 10:00 AM, April 5, 2012. A fee of twenty-five dollars ($ 25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. Thc Town of Southold reserves the rigM to waive any informalities, and to reject any or all bid~, and to retain bids for 45 days from the date of receipt. The CON~IRACTOR SHALL NO 1' withdraw his bid during this period. Bid S ecurily in the form of a certi2led check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Peribrmance bonds in the amount of 100% of the contract price shall be required of the successful bidder. Dated: March 13, 2012 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON MARCH 22, 2012 AND FORWARD ONE (1) AFFIDAVIT OF Page 1 of 1 Rudder, Lynda From: Reisenberg, Lloyd Sent: Thursday, March 15, 2012 9:42 AM To: Rudder, Lynda Subject: RE: Drainage Posting Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York Email: IIoyd. reisenberq~,town.southold, n¥.us Office: 631-765-1891 Cell: 631.879-1554 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information, It is solely for the use of the intended recipient(s), Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication, From: Rudder, Lynda Sent: Thursday, Flarch 15, 2012 8:49 AM To: alkrupskitown@yahoo.com; Andaloro, Jennifer; Berliner, Sandra; Cushman, .]ohn; Doherty, .]ill; Finnegan, Martin; Krauza, Lynne; Legals (cschott@timesreview.com); Ipevans@fishersisland.net; Neville, Elizabeth; Reisenberg, Lloyd; Russell, Scott; Talbot, Christopher; Tomaszewski, Michelle; William Ruland Subject: Drainage for publication in the 3/22/12 edition of the Suffolk Times. 3/15/2012 Page I of I Rudder, Lynda From: Candice Schott [cschott@timesreview.com] Sent: Thursday, March 15, 2012 9:21 AM To: Rudder, Lynda Subject: RE: Drainage Hi Lynda, I have received the notice and we are good to go for the 22nd. Thanks, Candice From: Rudder, Lynda [mailto:lynda.rudder@town.southold.ny.us] Sent: Thursday, March 15, 2012 8:49 AM To: alkrupskitown@yahoo.com; Andaloro, Jennifer; Berliner, Sandra; Cushman, John; Doherb/, Jill; Finnegan, Martin; Krauza, Lynne; Candice Schott; Ipevans@fishersisland.net; Neville, Elizabeth; Reisenberg, Lloyd; Russell, Scott; Talbot, Christopher; Tomaszewski, Michelle; William Ruland Subject: Drainage for publication in the 3/22/12 edition of the Suffolk Times. 3/15/2012 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 10:3 of the General Municipal Law, that sealed bids are sought by the Town of Southold for the following: PROJECT: This Project includes three (3) individual drainage control projects for the Long Creek / Hashamomuck Pond Watershed Area. Two (2) are located on Long Creek Drive and one is located at the road end of Laurel Avenue. All three retrofit sites are situated within the existing Town Road & Drainage System Easement Areas & Right-of-Ways and are located immediately south of Long Creek. The Town Board of the Town of Southold will receive bids for furnishing all materials, labor and equipment as specified in the bid documents for the supply and installation of three drainage retrofit projects and the reconstruction of Long Creek Drive and Laurel Ave. 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, April 5, 2012. A fee of twenty-five dollars ($ 25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance bonds in the amount of 100% of the contract price shall be required of the successful bidder. Dated: March 13, 2012 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON MARCH 22, 2012 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Dodge Reports Brown's Letters Town Clerk's Bulleting Board Town Attomey Burrelle's Information Services STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the I~ day of WI~I~.,~ ,2012, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. 2012 Drainage Project F__~lizabet-h A. Nevill~l~{e/e - Southold Town Clerk Sworn before me this IS dayof r~tLOD~ ,2012. I]4otary Public LYNDA M. ~ NOTARY PUBLIC, State of New York No. 01 BO6020932 Qualified in Suffolk County Term Expires March 8, 20 ~ Invitation to Bid Long Creek Hashamomuck Pond Watershed Drainage Retrofit Projects INSTALKATION OF THREE NEW DRAINAGE PROJE:C"~ Long Creek Drive & laurel Ave. Southold, New York 11971 Date: March 13, 2012 SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD PROJECT DESCRIPTION This Project includes three (3) individual drainage control projects for the Long Creek/ Hashamomuck Pond Watershed Area. Two (2) are located on Long Creek Drive and one is located at the road end of Laurel Avenue. All three retrofit sites are situated within the existing Town Road & Drainage System Easement Areas & Right-of-Ways and are located immediately south of Long Creek. These three Lump-Sum drainage projects will include but not be limited to: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Standard Concrete Curbs, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Beach Grass, Topsoil & Seed. The contractor shall accept all actual existing local, on-site and subsurface conditions which may differ or vary from the information contained within the contract documents, without additional compensation. The Contractor and his/her employees shall be granted access to the Project Site during the normal working hours of the Highway Department. All Site access shall be coordinated with the Town Highway Superintendent prior to commencement of the work. [765-3140] All work shall be completed in a timely manner and excavations shall not be left open and/or unprotected for an extended period of time. The Town of Southold shall be responsible for all Permits and Approvals from all agencies having control or jurisdiction over the work described herein. REQUESTS FOR FURTHER INFORMATION & ALL INQUIRIES SHOULD BE ADDRESSED TO THE ARCHITECT @ THE SOUTHOLD TOWN ENGINEERING DEPARTMENT: Attention: James A. Richter, RA (631) 765 -1560 Southold Town Hall P. O. Box 1179, 53095 Main Road Southold, New York 11971 Jamie.richter~,town.southold.ny.us The foregoing project description is provided for general information only. It is not a part of the contract documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings contained herein. Long Creek Drainage Retrofit Projects INVITATION TO BID PROJECT: This Project includes three (3) individual drainage control projects for the Long Creek / Hashamomuck Pond Watershed Area. Two (2) are located on Long Creek Drive and one is located at the road end of Laurel Avenue. All three retrofit sites are situated within the existing Town Road & Drainage System Easement Areas & Right-of- Ways and are located immediately south of Long Creek. These three Lump-Sum drainage projects will include but not be limited to: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Standard Concrete Curbs, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Beach Grass, Topsoil & Seed. The Town Board of the Town of Southold will receive bids for furnishing all materials, labor and equipment as specified in the bid documents for the supply and installation of three drainage retrofit projects and the reconstruction of Long Creek Drive and Laurel Ave. all in accordance with the Drawings & Specifications contained herein. Bids will be received at the office of the Southold Town Clerk, Southold Town Hail, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 5~ April 201_~2 Day Month Year All specifications are provided herein: drawings to be attached. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. A fee of twenty-five dollars ($ 25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid dudng this pedod. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance bonds in the amount of 100% of the contract price shall be required of the successful bidder. Please advise if you intend to bid or not. Dated: March 13, 2012 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Long Creek Drainage Retrofit Projects A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to fumish all labor, materials, plant, equipment, tools, shoring or bracing, scaffolds, 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. Performance bonds in the amount of 100% of the contract pdce shall be required of the successful bidder. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, for each item bid, and made payable to the Town of Southold. Please Note: Performance bonds in the amount of 100% of the contract price shall be required of the successful bidder. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgment, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the 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. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. Long Creek Drainage Retrofit Projects B-1 E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub- contractors will be considered in making the award. The Town reserves the dght to waive any technical error, to accept any bid, or to reject any or all bids. The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in wdting signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract as stipulated herein. F. 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. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. 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 Two (2) 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 ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. Long Creek Drainage Retrofit Projects B-2 INDEX TO SPECIFICATIONS Title Sheet Project Description BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form Department of Labor Prevailing Wage Rates N.Y.S. Affirmative Action Certification Offer of Surety AIA Bid Bond AIA Performance Bond - labor & Material Payment Bond General Release Non-Discrimination Clause Form of Maintenance Bond AIA General Conditions Supplementary General Conditions Statement of Non-Collusion Compliance with the Labor Law & Other Dept. of Labor Regulations GENERAL SPECIFICATION REQUIREMENTS A - 1 through A - 1 B - 1 through B - 2 C - 1 through C - 1 D - 1 through D - 3 E - 1 through E - xx F-lthrough F-1 G-lthrough G-1 AIA Document # A310 AIA Document # A311 H - 1 through H - 1 I-lthrough I -2 J - I through J - 2 AIA Document # A201 K - 1 through K - 2 L - 1 through L - 1 M - 1 through M - 8 Project Specifications INDEX TO DRAWINGS N-1 through N-40 Key Map Site Location Map SP-1 Site Plan- Project # 1 A-1 Sections & Details SP-2 Site Plan - Project # 2 a-1 Plan Detail, Sections & Details a-2 Leaching Pool Section Details SP-3 Site Plan - Project # 3 C-1 Plan Detail C-2 Leaching Pool Sections & Details Long Creek Drainage Retrofit Projects C-1 PROPOSAL FORM Date: NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undemigned 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: November 22, 2012, 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: Three Drainage Retrofit Projects, Long Creek Drive & Laurel Avenue, Southold, NY and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: 'NOTE: The Town of Southold reserves the dght to increase, decrease, or eliminate in its entirety any or all items prior to or after award of the bid. Method of Measurement: The quantity to be paid for under this item shall be a lump sum for each of three individual drainage retrofit projects as measured in place and accepted by the Engineer in accordance with the specifications and drawings. Method of Payment: The quantity of accepted retrofit project work shall be measured and the vedfied by percent of completion and shall be paid for at the percent of contract price per lump sum bid, less 10% retainage, as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this spedfication. Including carting/disposal fees, safety fencing, maintenance and protection of traffic, deleterious or unsuitable materials, rock walls, saw cutting, pavements, all items in conflict with proposed construction (as defined by the Contract Drawings), debris removal from site, clean-up, construction layout and saw-cutting. Long creek Drainage Retrofit Projects D-1 PROPOSAL FORM (Cont.) ITEM # 1: Project # 1 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Precast Concrete Pipe, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH TH E CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (written in numbers) ITEM # 2: Project # 2 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration,, Beach Grass, Topsoil & Seed and Clean Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LAUREL AVENUE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (written in numbers) ITEM # 3: Project # 3 - GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Cleadng and Removals, Proposed Leaching Basins with Drainage Field - Complete with Stone, Covers & Castings, Proposed 8' Diameter Leaching Basins, Traffic Bearing Covers & Castings, Proposed Schedule 80 PVC Lateral Piping, Concrete Curbing, Stone Rip-Rap, Proposed Asphalt Pavement - Full Depth, Proposed Guiderail Restoration, Topsoil & Seed and Clean Fill. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE PATCHING & REPAIRING OF LONG CREEK DRIVE AND, TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (written in numbers) Long Creek Drainage Retrofit Projects D-2 PROPOSAL FORM (Cont.) 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 and the sum represented by the cedified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a pedod 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 (if any) of the following addenda: Addendum Number: Dated: Signature of Bidder: Bidders Address: Telephone Number: Date: Long Creek Drainage Retrofit Projects D-3 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION For Southold Town Highway Department Three Long Creek Drainage Retrofit Projects Located at Lon.q Creek Drive & Laurel Avenue SOUTHOLD, New York 11971 Long Creek Drainage Retrofit Projects E-1 Andrew M. Cuomo, Governor Town of Southold James A. Richter, R.A. 53095 Main Road P.O. Box 1179 Southold Town Hall Southold NY 11971 Colleen C. Gardner, Commissioner Schedule Year 2011 through 2012 Date Requested 03/06/2012 PRC# 2012001984 Location Project ID# Project Type Long Creek Ddve & Lauel Ave. Installation of a new drainage leaching pool structures, erosion control, excavation of vegetated swales, 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 2011 through June 2012. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and/or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws 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 Harriman 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. Both the PW 16 and PW 200 forms are available for completion online. 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. There are very few exceptions to this rule. Complete information regarding these exceptions is available on the "4 Day / 10 Hour Work Schedule" form (PW 30R). Wages and Supplements The wages and supplements to be paid and/or provided to laborers, workers, and mechanics employed on a public work project shall be not less than those listed in the current Prevailing Rate Schedule for the locality where the work is performed. If a prime contractor on a public work project has not been provided with a Prevailing Rate Schedule, the contractor must notify the Department of Jurisdiction (Contracting Agency) who in turn must request an 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 prime contractors who in turn MUST, by law, provide copies of all applicable county schedules to each subcontractor and obtain from each subcontractor, an affidavit certifying such schedules were received. If the original schedule expired, the contractor may obtain a copy of the new annual determination from the NYSDOL website www.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, Address, Last 4 Digits of Social Security Number, Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid or provided, and Daily and weekly number of hours worked in each classification. Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within thirty (30) days after issuance of its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury. The Department of Jurisdiction (Contracting Agency) shall collect, review for facial validity, 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 1st. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. To the extent possible, the Department posts rates in its possession that cover 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 and 235.2 of the Labor Law to so notify the financial officer of the Department of Jurisdiction (Contracting Agency) that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until there is a final determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding 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. The "Public Work Project" notice must be posted at the beginning of the performance of every public work contract, on each job site. 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 joumeyworkers 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 writing by mail, to the NYSDOL Office of Employability Development / Apprenticeship Training, State Office Bldg. Campus, Bldg. 12, Albany, NY 12240 or by Fax to NYSDOL Apprenticeship Training (518) 457-7154. All requests for verification must include the name and social security number of the person for whom the information is requested. The only conclusive proof of individual apprentice registration is written verification from the NYSDOL Apprenticeship Training Albany Central office. Neither Federal nor State Apprenticeship Training offices outside of Albany can provide conclusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any person is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards, or copies of state forms is not conclusive proof of the registration of any person as an apprentice. Interest and Penalties In the event that an underpayment of wages and/or supplements is found: Interest shall be assessed at the rate then in effect as prescribed by the Superintendent of Banks pursuant to section 14-a of the Banking Law, per annum from the date of underpayment to the date restitution is made. A Civil Penalty may also be assessed, not to exceed 25% of the total of wages, supplements, and interest due. Debarment Any contractor or subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded any public work contract or subcontract with any state, municipal corporation or public body for a period of five (5) years when: Two (2) willful determinations have been rendered against that contractor or subcontractor and/or its successor within any consecutive six (6) year period. There is any willful determination that involves the falsification of payroll records or the kickback of wages or supplements. Criminal Sanctions Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) may be a felony punishable by fine or imprisonment of up to 15 years, or both. Discrimination No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national origin, sex, disability or marital status. No contractor, subcontractor nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates (NYS Labor Law, Article 8, Section 220-e(a)). No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex, or national origin (NYS Labor Law, Article 8, Section 220- e(b) ). The Human Rights Law also prohibits discrimination in employment because of age, marital status, or religion. There may be deducted from the amount payable to the contractor under the contract a penalty of $50.00 for each calendar day 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 dudng 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. If New York State coverage is added to an existing out-of-state policy, it can only be added to a policy from a company authorized to write workers' compensation coverage in this state. The coverage must be listed under item 3A of the information page. The contractor must maintain proof that subcontractors doing work covered under this contract secured and maintained 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 Department of Labor. Andrew M. Cuomo, Governor Town of Southold James A. Richter, R.A. 53095 Main Road P.O. Box 1179 Southold Town Hall Southold NY 11971 Colleen C. Gardner, Commissioner Schedule Year 2011 through 2012 Date Requested 03/06/2012 PRC# 2012001984 Location Project ID# Project Type Long Creek Drive & Lauel Ave. Installation of a new drainage leaching pool structures, erosion control, excavation of vegetated swales. Notice of Contract Award New York State Labor Law, Article 8, Section 220.3a requires that certain information regarding the awarding of public work contracts, be furnished to the Commissioner of Labor. One "Notice of Contract Award" (PW 16, which may be photocopied), MUST be completed for EACH prime contractor on the above referenced project. Upon notifying the successful bidder(s) of this contract, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. Contractor Information All information must be supplied Federal Employer Identification Number: Name: Address: City: Amount of Contract: Approximate Starting Date: Approximate Completion Date: State: Zip: Contract Type: [ ] (01) General Construction [ ] (02) HeatingNentilation [ ] (03) Electrical [ ] (04) Plumbing [ ] (05) Other : Phone: (518)457-5589 Fax: (518)485-1870 W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 www.labor.state.ny.us. PW 16 PWAsk@labor.state.ny.us IMPORTANT NOTICE FOR CONTRACTORS & CONTRACTING AGENCIES Social Security Numbers on Certified Payrolls The Department of Labor is cognizant of the concerns of the potential for misuse or inadvertent disclosure of social security numbers. Identity theft is a growing problem and we are sympathetic to contractors' concerns with regard to inclusion of this information on payrolls if another identifier will suffice. For these reasons, the substitution of the use of the last four digits 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, maintenance and repair, and announces the recently-enacted increase to the pementage of the dollar value of such contracts that must be deposited into the Fund. This item also describes the roles of the following entities with respect to the Fund: New York State Department of Labor (DOL), The Office of the State of Comptroller (OSC), and State agencies and public benefit corporations. 2. Background and Statutory References: DOL uses the Fund to enforce the State's Labor Law as it relates to contracts for construction or reconstruction, maintenance and repair, 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, maintenance and repair, 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. Construction Industry Fair Play Act Required Posting For Labor Law Article 25-B § 861-d Ill · Construction industry employers must post the "Construction Industry Fair Play Act" notice in a prominent and accessible place on the job site. Failure to post the notice can result in penalties of t~p to $1,500 for a first offense and up to $5,000 for a second offense. The posting is included as part of this wage Schedule. Additional copies may be obtained from the NYS DOL website, www.labor.ny.gov. 11lO If you have any questions concerning the Fair Play Act, please call the State Labor Department toll-free at 1-866-435-1499 or email us at: dol.misclassified~labor.state.ny.us. New York State Department of Labor Required Notice under Article 25-B of the Labor Law ATTENTION ALL EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: YOU ARE COVERED BY THE CONSTRUCTION INDUSTRY FAIR PLAY ACT The law says that you are an employee unless: · You are free from direction and control in performing your job AND · You perform work that is not part of the usual work done by the business that hired you AND · You have an independently established business Your employer cannot consider you to be an independent contractor unless all three of these facts apply to your work. IT IS AGAINST THE LAW FOR AN EMPLOYER TO MISCLASSIFY EMPLOYEES AS INDEPENDENT CONTRACTORS OR PAY EMPLOYEES OFF-THE-BOOKS. Employee rights. If you are an employee: · You are entitled to state and federal worker protections such as o unemployment benefits, if unemployed through no fault of your own, able to work, and otherwise qualified o workers' compensation benefits for on-the-job injuries o payment for wages earned, minimum wage, and overtime (under certain conditions) o prevailing wages on public work projects o the provisions of the National Labor Relations Act and o a safe work environment · It is a violation of this law for employers to retaliate against anyone who asserts their rights under the law. Retaliation subjects an employer to civil penalties, a private lawsuit or both. Independent Contractors: If you are an independent contractor: · You must pay all taxes required by New York State and Federal Law. Penalties for paying off-the-books or improperly treating employees as independent contractors: · Civil Penalty First Offense: up to $2,500 per employee. Subsequent Offense(s): up to $5,000 per employee. Criminal Penalty First Offense: Misdemeanor - up to 30 days in jail, up to a $25,000 fine and debarment from performing Public Work for up to one year. Subsequent Offense(s): Misdemeanor - up to 60 days in jail, up to a $50,000 fine and debarment from performing Public Work for up to 5 years. If you have questions about your employment status or believe that your employer may have violated your rights and you want to file a complaint, call the Department of Labor at 1(866)435-1499 or send an email to dol.misclassified(~,labor.state.ny.us. All complaints of fraud and violations are taken seriously and you can remain anonymous. Employer Name: IA 999 (09/10) WORKER NOTIFICATION (Labor Law §220, paragraph a of subdivision 3-a) Effective February 24, 2008 This provision is an addition to the existing prevailing wage rate law, Labor Law §220, paragraph a of subdivision 3-a. It requires contractors and subcontractors to provide written notice to all laborers, workers or mechanics of the prevailing wage rate for their particular job classification on each pay stub*. It also requires contractors and subcontractors to post a notice at the beginning of the performance of every public work contract on each job site that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers or mechanics of their right to contact the Department of Labor if he/she is not receiving the proper prevailing rate of wages and/or supplements for his/her particular job classification. The required notification will be provided with each wage schedule, may be downloaded from our website www. labor, state, ny. us or made available upon request by contacting the Bureau of Public Work at 518-457-5589. Ill · * In the event that the required information will not fit on the pay stub, an accompanying sheet or attachment of the information will suffice. (11.11) THIS IS A: PUBLIC WORK PROJECT If you are employed on this project as a worker, laborer, or mechanic you are entitled to receive the prevailing wage and supplements rate for the classification at which you are working. Chapter 629 of the Labor Laws of 2007: These wages are set by law and must be posted at the work site. They can also be found at: www. labor, ny..qov If you feel that you have not received proper wages or benefits, please call our nearest office.* Albany (518) 457-2744 Patchogue Binghamton (607) 721-8005 Rochester Buffalo (716) 847-7159 Syracuse Garden City (516) 228-3915 Utica New York City (212) 775-3568 White Plains Newburgh (845) 568-5156 (631) 687-4886 (585) 258-4505 (315) 428-4056 (315) 793-2314 (914) 997-9507 For New York City government agency construction projects, please contact the Office of the NYC Comptroller at (212) 669-4443, or www.comptroller, nyc.gov - click on Bureau of Labor Law. Contractor Name: Project Location: PWl01 (12.11) OSHA 10-hour Construction Safety and Health Course- S1537-A Effective July 18, 2008 This provision is an addition to the existing prevailing wage rate law, Labor Law §220, section 220-h. It requires that on all public work projects of at least $250,000.00, all laborers, workers and mechanics working on the site, be certified as having successfully completed the OSHA 1 O-hour construction safety and health course. It further requires that the advertised bids and contracts for every public work contract of at least $250,000.00, contain a provision of this requirement. NOTE: The OSHA 10 Legislation does' not apply to projects advertised for bid prior to duly 18, 2008 AND only applies to workers on a public work project that are required under Article 8 to receive the prevailing wage. (11.11) Page I of 2 Where to find OSHA lO-hour Construction Course 1. NYS Department of Labor website for scheduled outreach training at: www.labor, state.ny.us/workerprotection/safetyhealth/DOSH ONSITE CONSULTATION.shtm 2. OSHA Training Institute Education Centers: Rochester Institute of Technology OSHA Education Center Rochester, NY Donna Winter Fax (585) 475-6292 e~mail: dlwtpo~rit.edu (866) 385-7470 Ext. 2919 www.rit.edu/-outreach/coursc.php3?CourselD=54 Atlantic OSHA Training Center UMDNJ - School of Public Health Piscataway, NJ Janet Crooks Fax (732) 235-9460 e-mail: crooksje~umdni.edu (732) 235-9455 https://ophp.umdni.edu/wconnect/ShowSchedule.awp?-~GROUP~AOTCON~ 10- Atlantic OSHA Training Center University at Buffalo Buffalo, New York Joe Syracuse Fax (716) 829-2806 e-mail: mailto :j aps~buffalo.edu (716) 829-2125 http://www.smbs.bu ffalo.edu/CENTERS/trc/schedule OSHA.php Keene State College Manchester, NH Leslie Singleton e-mail: lsingletin~keene.edu (800) 449-6742 www.keene.edu/courses/print/courses osha.cfm 3. List of trainers and training schedules for OSHA outreach training at: www. OutreachTrainers.org (11.11) Page2 of 2 Requirements for OSHA 10 Compliance Chapter 282 of the Laws of 2007, codified as Labor Law 220-h took 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 I of I WICKS Reform 2008 (For all contracts advertised or solicited tbr 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 threshold 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 alt other counties. For projects below the monetary threshold, bidders must submit a sealed list naming each subcontractor for the plumbing, HVAC and electrical 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 of a 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 padicipate in apprentice training programs in the trades of work it employs that have been approved by the Department of Labor (DOL) for not less than three years. They shall also have at least one graduate in the last three years and use affirmative efforts to retain minority apprentices. PLA's would be exempt from Wicks, but deemed to be public work subject to prevailing wage enforcement. The Commissioner of Labor shall have the power to enforce separate specification requirements on projects, and may issue stop-bid orders against public owners for non-compliance. Other new monetary thresholds, and similar sealed bidding for non-Wicks projects, would apply to certain public authorities including municipal housing authorities, NYC Construction Fund, Yonkers Educational Construction Fund, NYC Municipal Water Finance Authority, Buffalo Municipal Water Finance Authority, Westchester County Health Care Association, Nassau County Health Care Corp., Clifton-Fine Health Care Corp., Erie 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 / lO Hour Work Schedule" To use the '4 Day ! 10 Hour Work Schedule': There MUST be a Dispensation of Hours (PW30) in place on the project AND You MUST register your intent to work 4 / 10 hour days, by completing the PW30R Form. REMEMBER... The '4 Day/10 Hour Work Schedule' applies ONLY to Job Classifications and Counties listed on the PW30R Form. Do not write in any additional Classifications or Counties. (Please note: For each Job Classification check the individual wage schedule for specific details regarding their 4/10 hour day posting.) PW3OR-Notice (03.11) NYSDOL Bureau of Public Work 1 of I Instructions for Completing Form PW30R "Employer Registration for Use of 4 Day / 10 Hour Work Schedule" Before completing Form PW30R check to be sure ... · There is a Dispensation of Hours in place on the project. · The 4 Day / 10 Hour Work Schedule applies to the Job Classifications you will be using. · The 4 Day / 10 Hour Work Schedule applies to the County / Counties where the work will take place. Instructions (Type or Print legibly): Contractor Information: · Enter the Legal Name of the business, FEIN, Street Address, City, State, Zip Code; the Company's Phone and Fax numbers; and the Company's email address (if applicable) · Enter the Name of a Contact Person for the Company along with their Phone and Fax numbers, and the personal email address (if applicable} Proiect Information: · Enter the Prevailing Rate Case number (PRC#) assigned to this project · Enter the Project Name / Type (i.e. Smithtown CSD- Replacement of HS Roof) · Enter the Exact Location of Project (i.e. Smithtown HS, 143 County Route #2, Smithtown,NY; Bldgs. 1 & 2) · If you are a Subcontractor, enter the name of the Prime Contractor for which you work On the Checklist of Job Classifications - o Go to pages 2 and 3 of the form o Place a checkmark in the box to the right of the Job Classification you are choosing o Mark all Job Classifications that apply *** Do not write in ony odditionol Clossificotions or Counties. * ** Requestor Information: · Enter the name of the person submitting the registration, their title with the company, and the date the registration is filled out Return Completed Form: · Mail the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work, SOBC- Bldg.12 - Rm.130, Albany, NY 12240 -OR- · Fax the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work at (518)485-1870 PW3OR-Instructions (03,11) NYSDOL Bureau of Public Work i of I New York State Department of Labor Bureau of Public Work W. Avemll Harriman State Office Campus Building 12 - Room 130 Albany, New York 12240 Phone - (518) 457-5589 Fax - (518) 485-1870 '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. Please Type or Print the Requested Information 'When 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: Phone Number Fax Number: Email Address: Contact Person: Zip Code: Phone No: Fax No: Email: Project PRC#: Exact Location of Project: Project Name/Type: (If you are Subcontractor) Prime Contractor Name: County: Job Classification(s) to Work 4/10 Schedule: (Choose all that apply on Job Classification Checklist- Pages 2 & 3) *** Do not write in any additional Classifications or Counties*** Name: Title: Date: PW-30R (07-11) I of 4 Job Classification Checklist (Place a checkmark by all classifications that will be using the 4/10 schedule) *** Do not write in any additional Classifications or Counties*** ~.arpenter - Building 1042 Clinton, Essex, Franklin Albany, Fulton, Greene, Montgomery, Rensselaer, :arpenter - Building 370 Schenectady, Schoharie =arpenter - Building 370Z2 Hamilton, Warren, Washington Carpenter- Building 370Z3 Saratoga Carpenter- Heavy&Highway 370Saratoga Saratoga Carpenter- Heavy&Highway 370/1042H/H Clinton, Essex, Franklin, Hamilton Albany, Fulton, Montgomery, Rensselaer, Schenectady, Carpenter - Heavy&Highway 370H/H Schoharie, Warren, Washington Carpenter - Building 85 Livingston, Monroe, Ontario, Wayne, Wyoming Carpenter ~ Building 281B Cayuga, Seneca, Yates Carpenter - Heavy/Highway 281 HH Cayuga, Seneca, Yates Carpenter - Building/Heavy&Highway 280 Genesee, Niagara, Orleans, Wyoming Carpenter ~ Building/Heavy&Highway 9 Erie, Cattaraugus Carpenter- Heavy&Highway 66h Allegany, Chautauqua, Cattaraugus Carpenter- Building 66 Allegany, Chautauqua, Cattaraugus Carpenter - Building 277 CST Cortland, Schuyler, Tompkins Carpenter - Building 277 JLS Jefferson, Lewis, St. Lawrence Carpenter- Building 277 On Onondaga Carpenter- Building 277 Os Oswego Carpenter- Heavy/Highway 277h CST Cortland, Schuyler, Tompkins Carpenter - Heavy/Highway 277h JLS Jefferson, Lewis, St. Lawrence Carpenter- Heavy/Highway 277h On Onondaga Carpenter - Heavy/Highway 277h Os Oswego PW-30R (07-11 ) NYSDOL Bureau of Public Work 2 of 4 Job Classification Checklist (Place a checkmark by all classifications that will be using the 4/10 schedule) *** Do not write in any additional Classifications or Counties*** Electrician 25m Nassau, Suffolk Cayuga, Chenango, Cortland, Herkimer, Madison, Oneida, Electrician 43 Onondaga, Oswego, Otsego, Tompkins, Wayne 840Teledata Electrician and 840 Z1 Cayuga, Onondaga, Ontario, Seneca, Wayne, Yates Genesee, Livingston, Monroe, Ontario, Orleans, Wayne, Electrician 86 Wyoming Electrician Lineman 1049Line/Gas Nassau, Suffolk 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 Columbia, Delaware, Dutchess, Greene, Orange, Putnam, Elevator Constructor 138 Rockland, Sullivan, Ulster, Westchester Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Elevator Constructor 14 Orleans, Wyoming Chemung, Livingston, Monroe, Ontario, Schuyler. Seneca, Elevator Constructor 27 Steuben, Wayne, Yates Albany, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Hamiliton, Herkimer, Montgomery, Oneida, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, Elevator Constructor 35 Washington iBroome, Cayuga, Chenango, Cortland, Delaware, Jefferson, _ewis, Madison, Oneida, Onondaga, Oswego, St. Lawrence, Elevator Constructor 62.1 fioga, Tompkins Jefferson, Lewis, Livingston, Monroe, Ontario, Seneca, St. Glazier 677.1 Lawrence, Wayne, Yates Broome, Cayuga, Chemung, Chenango, Cortland, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Insulator-Heat&Frost 30-Syracuse :)tsego, Schuyler, Seneca, St. Lawrence, Tioga, Tompkins PW-30R (07-11) NYSDOL Bureau of Public Work 2 of 4 Job Classification Checklist (Place a checkmark by all classifications that will be usin§ the 4/10 schedule) *** Do not write in any additional Classifications or Counties*** Laborers - Residential Deconstruction, Demolition 601 Allegany, Chemung, Genesee, Livingston, Monroe, Operating Engineer - Heavy& Highway 832H Ontario, Schuyler, Steuben, Wayne, Yates Painter 178 8 Broome, Chenango, Tioga Painter 178 E Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Cortland, Delaware, Essex, Franklin, Genesee, Jefferson, Lewis, Livingston, Monroe, Onondaga, Ontario, Orleans, Oswego, Schuyler, Seneca, St. Lawrence, Steuben, Tioga, Tompkins, Warren, Wayne, Wyoming, Yates £hemung, Schuyler, Steuben Painter 178 0 Delaware, Otsego Cayuga, Herkimer, Lewis, Madison, Oneida, Onondaga, Painter 31 Ontario, Oswego, Seneca Painter 38.0 ::)swego 4-Buf, Nia, Olean Painter Painter Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Livingston, Niagara, Orleans, Steuben, Wyoming 4-Jamestown :attaraugus, Chautauqua Sheetmetal Worker 46 Livingston, Monroe, Ontario, Seneca, Wayne, Yates ~,lbany, Columbia, Fulton, Greene, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, Teamster - Heavy&Highway 2g4h/h ~/ashington ~llegany, Cayuga, Cortland, Seneca, Steuben, Tompkins, Teamster - Heavy&Highway 317a.hh ~/ayne, Yates Teamster - Heavy&Highway 693.H/H 3roome, Chenango, Delaware, Otsego, Tioga PW-30R (07-11) NYSDOL Bureau of Public Work 4 of 4 Preva~ing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Introduction to the Prevailing Rate Schedule Information About Prevailing Rate Schedule This information is provided to assist you in the interpretation of particular requirements for each classification of worker contained in the attached Schedule of Prevailing Rates, Classification It is the duty of the Commissioner of Labor to make the proper classification of workers taking into account whether the work is heavy and highway building sewer and water, tunnel work, or residential, and to make a determination of wages and supplements to be paid or provided. It is the responsibility of the public work contractor to use the proper rate. If there is a question on the proper classification to be used, please call the distdct office located nearest the project. District office locations and phone numbers are listed below. Prevailing Wage Schedules are issued separately for "General Construction Projects" and "Residential Construction Projects" on a county- by-county bas~s. General Construction Rates apply to projects such as: Buildings, Heavy & Highway, and Tunnel and Water & Sewer rates. Residential Construction Rates generally apply to construction, reconstruction, repair, alteration, or demolition of one family, hvo family, row housing, or rental type units intended for residential use. Some rates listed in the Residential Construction Rate Schedule have a very limited applicability listed along with the rate. Rates for occupations or locations not shown on the residential schedule must be obtained from the General Construction Rate Schedule. Please contact the local Bureau of Public Work office before using Residential Rate Schedules, to ensure that the project meets the required cdtada. Paid Holidays Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevaihng rate for the work actually performed. Overtime At a minimum, all work performed on a public work pro ect in excess of eight hours in any one day or more than five days in an~ workweek is overtime. However, the specific overtime requirements for each trade or occupation on a public work pro ect may differ. Specinc overtime requirements for each trade or occupation are contained in the prevailing rate schedules. Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY secbon listings for each classification. Supplemental Benefits Particular attention should be given to the supplemental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some classifications require the payment or provision of supplements for each hour paid (including paid 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 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. The rate listed is valid until the next effective rate change or until the new annual determination which takes effect on July I of each year. All contractors and subcontractors are required topay the current prevailing rates of wages and supplements. If you have any questions please contact the Bureau of Public Work or visit the New York State Department of Labor website (www.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 1:1,1:3 indicates the allowable initial ratio is one Apprentice to one Joumeyworker. The Joumeyworker must be in placa on the pro ect before an Apprentice is allowed. Then three additiona/Journeyworkers are needed before a second Apprentice is allowed. The last ratio repeats indefinitely. Therefore, three more Joumeyworkers must be present before a third Apprentice can be hired, and so on. Please call Apprentice Training Central Office at (518) 457-6820 if you have any questions. Title (Trade) Boilermaker (Construction) Boilermaker (Shop) Carpenter (Bldg.,H&H, Pile DrivedDockbuilder) Carpenter (Residential) Electrical (Outside) Lineman Ratio 1:1,1:4 1:1,1:3 1:1,1:4 1:1,1:3 1:1,1:2 Page 27 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Depadment ~f Labor Last Published on Mar 01 2012 PRC Number 2012001984 Electdcian (inside) 1:1,1:3 ElevatoflEscalator 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 additional information, please contact the nearest BUREAU of PUBLIC WORK Disthct Office or write to: New York State Department of Labor Bureau of Public Work State Office Campus, Bldg. 12 Albany, NY 12240 District Office Locations: Bureau of Public Work - Albany Bureau of Public Work - Binghamton Bureau of Public Work - Buffalo Bureau of Public Work - Garden City Bureau of Public Work - Newburgh Bureau of Public Work - New York City Bureau of Public Work - Patchogue Bureau of Public Work - Rochester Bureau of Public Work - Syracuse Bureau of Public Work - Utica Bureau of Public Work - White Plains Bureau of Public Work - Central Office Telephone # 518-457-2744 607-721-8005 716-847-7159 516-228-3915 845-568-5287 212-775-3568 631-687-4882 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 28 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Departrr~nt of Labor Last Published on Mar 01 2012 PHC Number 2012001984 Suffolk County · Suffolk County General Construction Asbestos Worker 03/01/2012 JOB DESCRIPTION Asbestos Worker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per hour: 07/01/2011 Abestos Worker $35.95 Removal & Abatement Only* 12/01/2011 $38.95 DISTRICT 9 NOTE: *On Mechanical Systems that are NOT to be SCRAPPED. SUPPLEMENTAL BENEFITS Abestos Worker Removal & Abatement Only $10.00 OVERTIME PAY See (B, B2, *E, J) on OVERTIME PAGE Hours worked on Saturdays are paid at time and one half only if for[y hours have been worked dudng the week. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8) on HOLIDAY PAGE NOTE: Easter Paid at Time and One-half IF worked REGISTERED APPRENTICES Apprentice Removal & Abatement Only: 1000 hour terms at the following percentage of Journeyman's rates. 1st 2nd 3rd 4th 78% 80% 83% 89% Supplemental Benefits: (per Hour worked) Apprentice Removal & Abatement Only $10.00 9-12a - Removal Only Boilermaker 03/01/2012 JOB DESCRIPTION Boilermaker DISTRICT 4 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester WAGES Per Hour: 07/01/2011 01/01/2012 $ 47.32 $ 47.98 $ 47.32 $ 47.98 Boilermaker Repairs & Renovation SUPPLEMENTAL BENEFITS Per Hour: BoilerMaker 07/01/2011 01/01/2012 39.1% of Hourly 39.1% of Hourly Wage Paid Wage Paid + $19.33 + $21.80 Repairs & Renovation-Same as Boilermaker (Includes replacement of parts and repairs & renovation of an existing unit). NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay. OVERTIME PAY Page 29 Prevailing Wage Rates for 07/01/2011 * 06/30/2012 Published by the New York State Department ~,f Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See (8, 16, 23, 24) on HOLIDAY PAGE Overtime: See (5, 6, 11, 12, 15, 25) on HOLIDAY PAGE NOTE: *Employee must work in pay week to receive Holiday Pay. **Boilermarker gets 4 times the hourly wage rate for working on Labor Day. ***Repairs & Renovation see (B,E,Q) on HOLIDAY PAGE HOLIDAY REGISTERED APPRENTICES *REGISTERED APPRENTICES (1/2) Year Terms at the following pecentage of Boilermaker's Wage 1st 2nd 3rd 4th 5th 6th 7th 8th 65% 65% 70% 75% 80% 85% 90% 95% Supplemental Benefits Per Hour: 07/01/2011 01/01/2012 Boilermaker 39.1% of Hourly 39.1% of Hourly Apprentice(s) Wage Paid Wage Paid + $19.33 + $ 21.80 4-5 Carpenter 03/01/2012 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Westchester PARTIAL COUNTIES Orange: South of but including the following, Waterloo Mills, SlateHill, New Hampton, Goshen, Blooming Grove, Mountainville, east to the Hudson River. Putnam: South of but including the following, Cold Spdng, TompkinsCorner, Mahopac, Croton Falls, east to Connecticut border. Suffolk: West of Port Jefferson and Patchoque Road to Route 112 tothe Atlantic Ocean. WAGES Per hour: 07/01/2011 Core Drilling: Driller $ 35.46 Assistant Driller $ 28.89 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 $17.52 Asst, driller 17.52 OVERTIME PAY OVERTIME: HOLIDAY HOLIDAY: Paid: Overtime: See (B,E,K*,P,R**) on OVERTIME PAGE. See (5,6) on HOLIDAY PAGE. * See (5,6) on HOLIDAY PAGE. ** See (8,10,11,13) on HOLIDAY PAGE. Assistant: One (1) year increments at the following percentage of Assistant wages. This is not an apprenticeship for Ddller. Page 30 Prevaiflng Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County 1st Year 2nd Year 3rd Year 4th Year 70% 80% 90% 100% 9-1536-CoreDriller Carpenter 03/0112012 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per Hour: 07/01/2011 Timberman $ 44.03 SUPPLEMENTAL BENEFITS Per hour paid: 07/01/2011 Timberman $ 40.62 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (18,19) on HOLIDAY PAGE. Paid: for 1st & 2nd yr. Apprentices See (5,6,11,13,16,18,19,25 ) Overtime: See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wages per hour is Pecentage of Journeymans Wage. ( 1 ) year terms: 1st 4O% 2nd 3rd 4th 50% 65% 80% Supplemental benefits per hour: Apprentices $ 25.14 9-1536 Carpenter 03/01/2012 JOB DESCRIPTION Carpenter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2011 DISTRICT 9 Building Millwright $ 47.86 SUPPLEMENTAL BENEFITS Per hour paid: Millwright $ 44.75 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (16,19) on HOLIDAY PAGE. Page 31 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department o~ Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County Paid: for 1st & 2nd yr. Apprentices Overtime REGISTERED APPRENTICES Wages per hour is Pecentage of Joumeyworkers wage (1) year terms: 1st. 2nd. 55% 65% See (5,6,11,13,16,18,19,25) See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. 3rd. 4th. 75% 95% Supplemental benefits per hour: (1) year terms: 1st. 2nd. 3rd. 4th. $28.19 $31.29 $35.51 $40.62 9-740.1 Carpenter 03101/2012 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau. New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2011 Marine Construction: Marine Diver $ 58.95 MD.Tender 42.10 SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 42.37 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (18,19) on HOLIDAY PAGE. Paid: for 1st & 2nd yr. Apprentices See (5,6,10,11,13,16,18,19) Overtime: See (5,6,10,11,13,16,18,19) on HOLIDAY PAGE. 9-1456MC Carpenter 03/0112012 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2011 Carpet/Resilient Floor Coverer $ 45.34 SUPPLEMENTAL BENEFITS Per hour paid: Page 32 Prevaiiing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County Floor Coverer $ 38.58 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprentices Over[ime: REGISTERED APPRENTICES Wage per hour is Pecentage of Journeyworkers Wage (1) year terms: 1st. 2nd. 40% 50% See (18, 19)on HOLIDAY PAGE. See (5,6,11,13,16,18,19,25) See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. 3rd. 4th. 65% 8O% Supplemental benefits per hour; Apprentices $ 25.83 9-2287 Carpenter 03101/2012 JOB DESCRIPTION Carpenter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2011 Piledriver $ 48.33 Dockbuilder $ 48.33 SUPPLEMENTAL BENEFITS Per hour paid: Journeyworker $ 40.86 DISTRICT 9 OVERTIME PAY See (B, E2, O) on OVERTIME PAGE HOLIDAY Paid: See (18,19)on HOLIDAY PAGE. Paid: for 1st & 2nd yr. Apprentices See (5,6,11,13,16,18,19,25) Overtime: See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wages per houris Pecentage of Journeyworkers Wage (1)year terms: 1st. 2nd. 4O% 50% 3rd. 4th. 65% 8O% Page 33 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department ~f Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County Supplemental benefits per hour: Apprentices $ 26.97 9-1456 Carpenter - Buildinfl / Heavy&Highway 03/01/2017 JOB DESCRIPTION Carpenter- Buirding / Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Suffolk PARTIAL COUNTIES Nassau: Work preformed north of the Southern State Parkway and east of the Seaford Creek. WAGES Per Hour: Building Carpenter Heavy Highway Carpenter SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 $ 44.51 $ 44.51 07/01/2011 Both Carpenter Categories $ 26.61 OVERTIME PAY OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY HOLIDAY Paid: See (18, 19) on HOLIDAY PAGE Overtime: See (5, 6, 16, 23, 24, 25) on HOLIDAY PAGE REGISTERED APPRENTICES REGISTERED APPRENTICES One(l) Year Terms at the following pecentage of Journeymans Wage 1st 2nd 3rd 4th $17.39 $22.89 $26.70 $30.42 Supplemental Benefits Per Hour: All Apprentice Terms 07/01/2011 $14.50 4-Reg. Council Nass/Suff Electrician 03/01/2012 JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau, Sulfolk WAGES Per Hour: 07/01/2011 DISTRICT 4 ElectdcianRVireman HVAC Controls Fire Alarms PUMP & TANK WORK Electrcian/Wireman SUPPLEMENTAL BENEFITS Per Hour: $46.85 46.85 46.85 $39.82 07/01/2011 Page 34 Prevaifing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County ElectrcianNVireman (all catagodes) 16.0% of Hourly Wage Paid + $23.65 NOTE: "Hourly Wage Paid" shall include any and all premium[s] OVERTIME PAY OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(1 ) Year Terms at the following Percetage of Journeyman(s) Wage 1st 2nd 3rd 4th 5th 6th 35% 40% 45% 50% 60% 70% Supplemental Benefits per hour Apprentice(s) 1st Term 07/01/2011 3% of Hourly Wage Paid + $4.78 2nd Term 3% of Hourly Wage Paid + $7.00 3rd Term 16.0% of Hourly Wage Paid + $10.65 4th Term 16.0% of Hourly Wage Paid + $11.84 5th Term 16.0% of Hourly Wage Paid + $14.19 6th Term 16.0% of Hourly Wage Paid + $16.56 4-25 Electrician 03/01/2012 JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 Telephone & Intergrated Tale- $ 34.76 Data Sytems Electdcian DISTRICT 4 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~,882. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Electrician 16% of Hourly Wage Paid + $15.64 Page 35 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Deparlment o~ Labor Last Published on Mar 01 2012 PHC Number 2012001984 Suffolk County NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay OVERTIME PAY OVERTIME PAY OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE 4-25tela Electrician 03101/2012 JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 Tree Tdmmefl Line Clearance Specialist $ 27.81 NOTE: This Rate Applys For Electrical Line Clearance and Long Island Rail Road Hideaways(ONLY). SUPPLEMENTAL BENEFITS SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Tree Tdmmer/ Line Clearance Specialist $12,04 OVERTIME PAY OVERTIME PAY See (B, E, P, S) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 8, 16, 23, 24, 25, 26) on HOLIDAY PAGE HOLIDAY DISTRICT 4 4-1049FFree Electrician 03101/2012 JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 DISTRICT 4 Electrcian Electrical Maintenance $ 38,45 "PLEASE NOTE" Applicable to "EXISTING ELECTRICAL SYSTEMS" including, but not limited to TRAFFIC SIGNALS & STREET LIGHTING. Not used for addons. ** IMPORTANT NOTICE - EFFECTIVE 04/01/2009 ** Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Thursday, with one-half (1/2) hour allowed for a lunch period. NOTE - In order to use the '4 Day/10 Hour Work Schedule,' you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30R; additionally, there must be a dispensation of hours in place on the project. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Page 36 Prevaifing Wage Rates for 07/01/2011 - 06/3012012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County Electrcian 12% of Hourly Wage Paid + $15.20 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, E2, H) on OVERTIME PAGE HOLIDAY 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% Supplemental Benefits per hour Apprentice(s) 07/11/2011 12% of Hourly Wage Paid + $12.91 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay 4-25m Electrician Lineman 03/01/2012 JOB DESCRIPTION Electrician Lineman ENTIRE COUNTIES Nassau, Queens, Suffolk WAGES WAGES For Utility Distribution & Transmission Line Construction Per Hour: 07/01/2011 LinemanlSplicer $ 45.98 Material Man $ 40.00 Heavy Equip. Operator $ 36.78 Groundman $ 27.59 Flagman $ 20.69 DISTRICT 4 For Natural Gasline Construction 07/01/2011 Journeyman U.G.Mech. $ 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. SUPPLEMENTAL BENEFITS SUPPLEMENTAL BENEFITS Per Hour: Utility Distribution & Transmission Line Construction 07/01/2011 Al} Classifications 25% of Hourly Page 37 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department o¥ Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County Wage Paid + $10.59 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay Natural Gasline Construction 07/01/2011 Journeyman U.G.Mech. $15.71 OVERTIME PAY OVERTIME PAY See (B, Q) on OVERTIME PAGE See (B,G,P) for Natural Gas Mechanic HOLIDAY Paid: See (5, 6, 8, 16, 23, 25, 26) on HOLIDAY PAGE Overtime: See (1) on HOLIDAY PAGE HOLIDAY REGISTERED APPRENTICES 1000 hour Periods at the following Percentage of Journeyman's Wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 60% 65% 70% 75% 80% 85% 90% 4-1049 Line/Gas Elevator Constructor 0310112012 JOB DESCRIPTION Elevator Constructor DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk PARTIAL COUNTIES Rockland: Entire County except for the Township of Stony Point Westchester: Entire County except for the Townships of Bedford, Lewisboro, Cortland, Mt. Kisco, North Salem, Pound Ridge, Somers and Yorktown. WAGES Per hour: 07/01/2011 03/17/2012 03/17/2013 Elevator Constructor $ 53.27 $ 55.20 $57.01 Elevator Modernization & Service/Repair $ 42.31 $ 43.79 $45.14 SUPPLEMENTAL BENEFITS Per hour: 07/01/2011 03/17/2012 03/17/2013 Elevator Constructor $ 31.30 $ 32.76 $34.46 Modernization & Service/Repair OVERTIME PAY Constructor. See ( C, O ) on OVERTIME PAGE. Modem./Service See ( B, H ) on OVERTIME PAGE. $ 29.94 $ 31.35 $33.00 HOLIDAY Paid: See (5, 6, 9, 11, 15, 16, 25) on HOLIDAY PAGE Ove~ime: See (5, 6, 9, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES WAGES: Per Hour 07/01/2011 Page 38 03/17/2012 03/17/2013 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Last Published on Mar 01 2012 Published by the New York State Department of Labor PRC Number 2012001984 Suffolk County One (1) year terms at the following rate 1st Term 2nd Term 3rd Term 4th Term Modernization & Service/Repair: $23.90 $24.75 $25.54 29.30 30.36 31.36 34.63 35.88 37.06 39.95 42.40 42.76 1st Term $23.90 $24.75 $25.54 2nd Term 23.27 24.08 24.83 3rd Term 27.50 28.46 29.34 4th Term 31.73 32.84 33.86 Supplemental Benefits per hour paid: Elevator Constructor; 1st Term $ 21.52 $ 22.65 $24.02 2nd Term $ 21.91 $ 23.05 24.44 3rd Term $ 22.68 $ 23.85 25.26 4th Term $ 23.46 $ 24.64 26.08 Modernization & Service/Repair: 1st Term $ 21.45 $ 22.57 $23.95 2nd Term $ 21.83 $ 22.97 24.35 3rd Term $ 22.59 $ 23.75 25.16 4th Term $ 23.34 $ 24.53 25.97 9-1 Glazier 03/01/2012 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: 07/01/2011 Glazier $ 46.55 Scaffolding $ 47.55 Repair & Maintenance: Glazier $ 26.85 Repair & Maintenance- All repair & maintenance work on a particular building, whenever performed, where the total cumulative contract value is under $100,000.00. SUPPLEMENTAL BENEFITS Per hour paid: Joumeyworker .... $ 24.99 Page 39 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Last Published on Mar 01 2012 Published by the New York State Department o"f Labor PRC Number 2012001984 Suffolk County Repair & Maintenance: Glazier $14.04 OVERTIME PAY OVERTIME: See (C*,D*O) on OVERTIME PAGE. * If an optional 8th hour is required to complete the entire project, the same shall be paid at the regular rate of pay. If a 9th hour is worked, then both hours or more (8th & 9th or more) will be paid at double time rate of pay. ** For Repair 8, Maintenance see ( B,F, P) on overtime page. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE The Following are paid holidays for the Repair & Maintenance Class: New Years day, Presidents day, Memodal day, 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... $15.60 2nd term... $ 23.28 3rd term... $ 27.93 4th term... $ 37.24 Supplemental Benefits: (Per hour worked) 1st term .... $11.72 2nd term .... $16.93 3rd term .... $18.54 4th term .... $ 21.77 9-1281 (DC9 NYC) Insulator - Heat & Frost 03/01/2012 JOB DESCRIPTION Insulator- Heat & Frost ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per hour: 07/01/2011 01/02/2012 DISTRICT 9 Heat, Frost & Asbestos $60.03 additional $1.75 per hour Insulator(s) SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Insulator(s) $ 25.89 OVERTIME PAY See (*C, O, V) on OVERTIME PAGE If an 8th hour is worked during the week,Wages and benefits are to 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) year terms at the following wage rate. Page 40 Prevaiiing Wage Rates for 07/0112011 - 06/30/2012 Last Published on Mar 01 2012 Published by the New York State Department of Labor PRC Number 2012001984 Suffolk County 1st 2nd 3rd 4th $24.01 $36.02 $42.03 $48.02 Supplemental Benefits per hour: Apprentice Insulator(s) 1st 2nd 3rd 4th $10.36 $15.53 $18.13 $20.71 9-12 Ironworker 03/0112012 JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Rockland: Southern section. WAGES Per hour: 07/01/2011 Reinforcing & Metal Lathing $ 49.52+$ 3.45* * May be allocated between wages and benefits later. SUPPLEMENTAL BENEFITS Per hour paid: 07/01/2011 Journeyworker $ 36.23 OVERTIME PAY OVERTIME PAY See (*A, E, Q, **V) on OVERTIME PAGE OVERTIME: See (A*,E,Q,V**) on OVERTIME PAGE. *,** All over[line in excess of ten (10)hours shall be paid at double wage HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 18, 19, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: 07/01/2011 (1) year terms at the following wage rates: 1st 2nd 3rd $28.20 32.80 37.86 Supplemental Benefits per hour paid: 1st 2nd 3rd $26,48 28.13 29.28 07/01/2012 Add.$ 3.45* DISTRICT 9 9-46Reinf Ironworker 03/01/2012 JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2011 DISTRICT 9 Ornamental $ 41.00 Chain Link Fence $ 41.00 Guide Rail ~nstallation $ 41.00 Page 41 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Last Published on Mar 01 2012 Published by the New York State Department ~f Labor PRC Number 2012001984 Suffolk County SUPPLEMENTAL BENEFITS Per hour paid: 07/01/2011 Journeyworker: $40.07 OVERTIME PAY OVERTIME: See (A*,D1,E**,Q,V) on OVERTIME PAGE. *Time and one-half shall be paid for all work in excess of seven (7) hours at the end of a work day to a maximum of two (2) hours on any regular work da (8th & 9th hours of work) and double time shall be paid for all work thereafter. **Time and one-half shall be paid for all work on Saturday up to seven (7) hours and double time shall be paid for all work thereafter. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES 1st term represents first 1-4 months, thereafter (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% Supplemental Benefits per hour paid: 07/01/2011 APPRENTICES: 1st Term $ 31.75 2nd Term 31.75 3rd Term 32.58 4th Term 33.41 5th Term 35.08 6th Term 36.74 9-580-Or Ironworker 03101/2012 JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: Ironworker Rigger Ironworker Derrickman * To be allocated SUPPLEMENTAL BENEFITS Journeyworker: OVERTIME PAY OVERTIME DISTRICT 9 07/01/2011 01/01/2012 $ 33.38 $ 34.88 See (A*,D1,E**,Q,V) on OVERTIME PAGE. *Time and one-half shall be paid for all work in excess of seven (7) hours at the end of a work day to a maximum of two hours on any regular work day (the eighth (8th) and ninth (9) hours of work) and double time Page 42 07/01/2011 01/01/2012 07/01/2012 $ 51.50 $ 49.50 $ 1.50' $ 51.50 $ 49.50 $ 1.50* Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PHC Number 2012001984 Suffolk County shall be paid for all work thereafter. **Time and one-half shall be paid for all work on Saturday up to seven (7) hours and double time shall be paid for all work thereafter. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, t0) 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 time rate of pay. ***Work stops at schedule lunch break with full day's pay. REGISTERED APPRENTICES Wage per hour: (1/2) year terms at the following pementage of journeyman's wage. 1 st 2nd 3rd 4th 5th 6th 50% 50% 70% 80% 90% 90% Supplemental benefits per hour paid: Registered Apprentice 1st year All others 50% of journeyman's rate 75% of journeyman's rate 9-197D/R Ironworker 0310112012 JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Wages: (Per Hour) 07/01/2011 01/01/2012 DISTRICT 9 07/01/2012 Additional Structuml $ 44.05 $ 45.05 $ 2.00' Riggers 44.05 $ 45.05 $ 2.00' Machine Movers 44.05 $ 45.05 $ 2.00* Machine Erectors 44.05 $ 45.05 $ 2.00* *To be allocated at a later date. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 01/01/2012 $ 57.05 $ 58.50 Journeyman OVERTIME PAY See (B*,E**,Q,V) on OVERTIME PAGE. * Time and one-half shall be paid for all work in excess of (8) eight hours at the end of a work day to a maximum of two hours on any regular work day (the ninth (gth) and tenth (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 all work thereafter. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 18, 19) on HOLIDAY PAGE REGISTERED APPRENTICES Wages:(Per Hour) Six (6) month terms at the following wage rate. 07/01/2011 01/01/2012 Page 43 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department o~ Labor Last Published on Mar 01 2012 PRO Number 2012001984 Suffolk County lstTerm $ 23.12 $ 23.62 2nd Term 23.72 24.22 3rd ~ru6th Term 24.32 24.82 Supplemental Benefits: per hour 07/01/2011 01/01/2012 $ 40,70 $ 41.76 Laborer - Building JOB DESCRIPTION Laborer- Building ENTIRE COUNTIES Nassau, Suffolk WAGES WAGES Per Hour: Building Laborer Asbestos Abatement Workers (Re-Roofing see Roofer) SUPPLEMENTAL BENEFITS Per Hour: Building Laborer Asbestos Worker OVERTIME PAY See (A, E, Q) on OVERTIME PAGE Asbestos Worker See (B, H) HOLIDAY HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime see (5, 6, 25) on HOLIDAY PAGE Asbestos Worker see (5, 6) REGISTERED APPRENTICES Regular Hours Work Terms TERM #1 1 hr to 1000hrs TERM #2 1001hre to 2000hrs TERM #3 2001hfs to 3000hrs TERM fl4 3001hrs to 4000hrs Wages per hour: APPRENTICES Building Laborer TERM #1 $16.25 TERM #2 $19.00 TERM #3 $22.00 TERM fi4 $25.20 Asbestos Worker TERM #1 $25.74 TERM #2 $26.40 TERM #3 $27,40 TERM #4 $29.38 Supplemental Benefits per hour: APPRENTICES Building Laborer TERM #1 $14.55 DISTRICT 4 07/01/2011 12/01/2011 01/01/2012 Additional $32.95 $32.95 $2.13 Additional $33.00 $3.00 07/01/2011 $ 23.86 $14.20 Page 44 9-40/361-Str 03/0112012 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County · TERM #2 $16.25 TERM #3 $16.99 TERM #4 $17.49 Asbestos Worker All $14.15 4-66 Laborer - Heavy&Highway 03/0112012 DISTRICT 4 JOB DESCRIPTION Laborer- Heavy&Highway 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(fiaggers) WAGES PERHOUR: 07/01/2011 GROUP # 1 Base Wage $36.29 Additional per hour 4.60 GROUP # 2 Base Wage $35.24 Additional per hour 4.60 GROUP # 3 Base Wage $32.05 additional per hour 4.60 SUPPLEMENTAL BENEFITS Per Hour: ALL GROUPS $ 24.13 After Forty (40)paid Hours in a work Week OVERTIME PAY $14.57 OVERTIME PAY OVERTIME PAY See (B, E2, F) on OVERTIME PAGE NOTES: Premium Pay to be calculated on "base wage" only. Premium Pay of 30% of base wage for all Straight time hours on all New York State, D.O.T. and other Goverment Mandated Off-Shift Work. Hazardous Material Work add an Additional 10% of base wage HOLIDAY HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (1) on HOLIDAY PAGE REGISTERED APPRENTICES One (1) Year Terms at the following Pecentage of the Journeyman's Wage 1st 2nd 80% 90% $24.13 Supplemental Benefits per hour: APPRENTICES After Forty(40) paid hours in a work Week $14.57 4-1298 Mason 03/01/2012 JOB DESCRIPTION Mason ENTIRE COUNTIES DISTRICT 9 Page 45 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department o~ Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2011 Brick/BIocklayer $ 51.00 SUPPLEMENTAL BENEFITS Per Hour: Brick/Block Layer 07/01/2011 $ 22.54 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 Pementage of Joumeyworkem Wage: I st 2nd 3rd 4th 5th 50% 60% 70% 80% 90% Supplemental Benefits per hour: All Apprentices $14.24 9-1Brk Mason - Building 03/01/2012 JOB DESCRIPTION Mason- Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2011 12/05/2011 06/04/2012 Building: Tile Finisher $40.13 Add. $1.18' Add. $1.18' *Increase to be allocated at a later date SUPPLEMENTAL BENEFITS Per Hour: Journeyworker Overtime* Overtime** * Applies to weekdays & Saturdays ** Applies to overtime hours on Sunday & Holidays, and work on Saturdays over 10 hours. $22.45 $38.30 $49.82 OVERTIME PAY See (A, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (per hour paid) ( 750 hour ) terms at the following percentages of Journeyworkers wage. Page 46 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County I st 2nd 3rd 4th 5th 6th 50% 55% 65% 70% 75% 85% Supplemental Benefits: (per hour paid) (750) hour terms at the following percentages of Joumeyworkers wage: Apprentices. 1st 2nd 3rd 4th 5th 6th 50% 55% 65% 70% 75% 85% 7th 90% 7th 90% 81h 95% 8th 95% 9-7/88-tf Mason - Building 03/0112012 JOB DESCRIPTION Mason - Building ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2011 01/01/2012 Building-Marble Restoration: Marble, Stone, etc $37.01 $37.26 & Polisher SUPPLEMENTAL BENEFITS Joumeyworker: Per Hour. Marble,Stone,etc Polisher $20.94 $21.32 OVERTIME PAY See (A, E, Q, V) on OVERTIME PAGE 15th and successive houm in a continous period shall be paid at double time. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 15, 25) on HOLIDAY PAGE 1st term apprentice gets paid for all Observed Holidays. REGISTERED APPRENTICES WAGES per hour: (900 hour)terms at the following wages: 0-900 901-1800 $25.73 $29.41 Observed holidays are paid holidays for the ls1 term apprentice Supplemental Benefits: (Per Hour) DISTRICT 9 07/01/2012 $37.51 $21.82 1801-2700 over2700 $33.08 $37.01 $18.79 $19.37 $19.98 $20.94 9-7/24-MP Mason - Building 03/0112017 JOB DESCRIPTION Mason- Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2011 12/05/2011 06/04/2012 Page 47 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Depadment of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County Building: Tile Setters $ 49.01 Add $1.43* *May be distributed between wages& benefits SUPPLEMENTAL BENEFITS Joumeyworker: $26.71 Per Hour. Overtime * $44.20 Overtime** $56.43 *Applies to overtime on weekdays & Saturdays ** Applies to Sundays& Holidays, & over 10 hours on Saturdays OVERTIME PAY See (A, *E, Q, **V) on OVERTIME PAGE * Work beyond 10 hours on Saturday shall be paid at double the hourly wage rate. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 15, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: (750 hr)terms at the following wage rates. Term: 1st 2nd 3rd 4th 5th Hours: 1- 751- 1501- 2251- 3001- 750 1500 2250 3000 3750 Wages: $24.99 27.75 31.54 33.11 35.74 Add $1.43' 6th 7th 8th 9th 3751- 4501- 5251- 6001- 4500 5250 6000 6750 36.99 42.35 47.53 49.01 Supplemental Benefits per hour paid: Term: 1st 2nd 3rd 4th 5th Hours: 1- 751- 1501- 2251- 3001- 750 1500 2250 3000 3750 Supps. $12.87 13.89 13.89 16.11 17.26 6th 7th 8th 9th 3751- 4501- 5251- 6001- 4500 5250 6000 6750 19.80 22.01 24.40 26.71 9-7/52 Mason - Building 03/01/2012 JOB DESCRIPTION Mason - Building ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Building: Per Hour: 07/01/2011 01/01/2012 DISTRICT 9 07/01/2013 Mosaic & Terrazzo Mechanic $45.41 Mosaic & Terrazzo Finisher $43.86 *Increase to be allocated at a later date SUPPLEMENTAL BENEFITS Journeyworker: Mechanic $29.10 Finisher $29,10 Add.S1.07 Add. S1.05 Add. S1.25 Add.S1.05 Page 48 Preva~ing Wage Rates for 07/01/2011 - 0613012012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County OVERTIME PAY See (A, E, Q, V) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: (750 Hour) terms at the following percentage of the Terrazzo Mechanic's wage. 1st 2nd 3rd 4th 5th 6th 7th 1- 751- 1501- 2251- 3001- 3751- 4501- 750 1500 2250 3000 3750 4500 5250 50% 55% 65% 70% 75% 85% 90% Supplemental benefits per hour paid: (750 hour) terms at the following percentage of Terrazzo Mechanic's benefit. 1st 2nd 3rd 4th 5th 6th 7th 1- 751- 1501- 2251- 3001- 3751~ 4501~ 750 1500 2250 3000 3750 4500 5250 50% 55% 65% 70% 75% 85% 90% 8th 5251- 6000 95% 8th 5251- 6000 95% 9-7/3 Mason - Building 03/01/2012 JOB DESCRIPTION Mason - Building ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/201 Marble, Stone,etc. Finishers $19.97 $20.19 DISTRICT g $20.51 SUPPLEMENTAL BENEFITS Joumeyvvorker: Per Hour. Marble, Stone, etc Finisher $10.64 OVERTIME PAY See (A, E, Q, V) on OVERTIME PAGE Double hourly rate after 7 hours on Saturday HOLIDAY Paid: See (*5, 6, 11, 15) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15) on HOLIDAY PAGE REGISTERED APPRENTICES WAGES per hour: (750 hour)terms at the following wages: 07/01/2011 1st term 0-750 $13.83 2nd term 750-1500 $14.62 3rd trem 1501-2250 $15.41 4th term 2251-3000 $16.20 5th term 3001~3750 $17.38 6th term 3751~,500 $18.96 $10.82 $11.00 Supplemental Benefits: (Per Hour) Page 49 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County. 1st term $10.43 2nd term $10.43 3rd term $10.44 4th term $10.44 5th term $10.45 6th term $10.46 9-7/24M-MF Mason - Building I Heavy&Highway JOB DESCRIPTION Mason - Building / Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2011 01/01/2012 Marble-Finisher $42.65 $43.10 DISTRICT 9 07/01/2012 $43.55 03~1/2012 SUPPLEMENTAL BENEFITS Journeyworker $ 25.83 $26.33 OVERTIME PAY See (A, *E, Q, V) on OVERTIME PAGE HOLIDAY Overtime: See (5, 6, 15, 25) on HOLIDAY PAGE * Work beyond 7 hours on a Saturday shall be paid at double the rate. ** When an observed holiday fails on a Sunday, it will be observed the next day. REGISTERED APPRENTICES Wages: 750 hour terms at the following percentage of Journeyworkers wage. 1st 2nd 3rd 4th 5th 6th 7th 8th 1- 751- 1501- 2251- 3001- 3751- 4501- 5251- 750 1500 2250 3000 3750 4500 5250 6000 50% 55% 65% 70% 75% 85% 90% 95% Supplemental Benefits: 07/01/2011 lst-6th terms $14.50 + term wage % of $9.83 7th and 8th terms $24,33 $26.93 9-7/20-MF Mason - Building / Heavy&Highway JOB DESCRIPTION Mason - Building / Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES WAGES 03/0112012 DISTRICT 9 NOTE: Shall include but not limited to Precast concrete slabs (London Walks) Marble and Granite pavers 2'x 2' or larger. Per Hour: Stone Setter Stone Tender SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 $ 57.61 $ 39.28 07/01/2011 Stone Setter $ 24.06 Stone Tender $16.66 Page 50 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Depar[ment of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County OVERTIME PAY See (*C, **E, Q) on OVERTIME PAGE * On weekdays the eighth (8th) and ninth (9th) hours are time and one-half all work thereafter is paid at double the hourly rate. ** The first nine (9) hours on Saturday is paid at time and one-half all work thereafter is paid at double the hourly rate. HOLIDAY Paid: See (8, 25) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Per Hour: Stone Setter(800 hour) terms at the following wage rate per hour: 1st 2nd 3rd 4th 5th 6th $28.87 $34.57 $40.32 $46.09 $51,85 $57.61 Supplemental Benefits: AII Apprentices $15.48 9-1Stn Mason - Heavy&Highway 03101/2012 JOB DESCRIPTION Mason - Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2011 (MASON) Pointer, Cleaner & Caulkers $ 44.56 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Pointer, Cleaners & $ 23.33 Caulkers OVERTIME PAY See (B, E2, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (Per hour) One (1) year terms at the following wage rates. 07/01/2011 1st 2nd 3~ 4th $25.00 $27.25 $32.23 $38.66 Apprentices Supplemental Benefits: (per hour paid) $3.45 $8.51 $11.26 $11.26 DISTRICT 9 9-1PCC Mason - Heavy&Highway JOB DESCRIPTION Mason - Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Page 51 DISTRICT 9 03/0112012 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Deparlment o[ Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County Per Hour: 07/01/2011 Cement Mason $ 49.50 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Cement Mason $ 32.25 OVERTIME PAY See (D, O, V) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Over[ime: See (5, 6, 8, 11, 13, 25) on HOLIDAY PAGE REGISTERED APPRENTICES ( 1 ) year terms at the following Percentage of Journeyworkers Wage. 1st Term 50% 2nd Term 60% 3rd Term 70% Supplement Benefits per hour paid: Apprentices: 1st term $ 21.96 2nd term 23.98 3rd term 26.00 9-780 Operatinfl Engineer - Buildinq 0310112017 JOB DESCRIPTION Operating Engineer- Building ENTIRE COUNTIES N ~,~sau 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/Hydraulic Excavator(360 upto & over 150,0001bs),Boiler, Boring Machine, Cherry Picker(over 70 tons), Concrete Pump, Gradall, Grader, Hoist, Loading Machine(10 yds. or more), Milling Machine, Power Winch-Stone Setting/Structural Steel & Truck Mounted, Powerhouse, Road Paver, Scoop-Carryall-Scraper in Tandem, Steam Shovel, Sideboom Tractor, Stone Spreader(self propelled), Tank Work, Tower Crane Engineer. CLASS "B": Backhoe(other than 360), Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker(under 70 Tons), Conveyor-Multi, Dinkey Locomotive, Fork Lift, Hoist(2 Drum), Loading Machine & Front Loader, Mulch Machine(Machine Fed), Power Winches(Not Included in Class "A"), Asphalt Roller, Hydraulic Pump with Boring Machine, Scoop, Carryall/Scaper, Skid LoadeflSkid Steer, Maintenance Man on Tower Crane,Trenching Machine, Vermeer Cutter, Work Boat. CLASS "C": Curb Machine(asphalt & Concrete), Maintenance Engineer(Small Equip. & Well Point), Field Mechanic, Milling Machine(Small), Pulvi Mixer, Pumps(all), Roller(dirt), Ridge Cutter, Vac-AII, Jet Pump, Shotblaster, Interior Hoist, Concrete Finish Machine, ConcreteSpreader, Conveyer, Curing Machine, Hoist(one drum). CLASS "D": Concrete Breaker, Concrete Saw/Cufter, Fork Life or Walk Behind (power operated), Generator, Hydra Hammer, Compactors(mechanical or hand operated), Pin Puller, Podable 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, 07/01/2011 Class "AA" $ 61.02 Page 52 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Depadment of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County · Cranes: Boom length over 100 feel add $1.00 per hour ..... 150"" $1.50 .... ...... 250"" $ 2.00 .... ..... 350""$3.00 .... Class "A" $ 50.78* *Add $3.50 for Hazardous Waste Work Class "B" $ 48.20* *Add $2.50 for Hazardous Waste Work Class "C" $ 46.48* *Add $1.50 for Hazardous Waste Work Class "D" $ 43.01 Class "E" $ 41.27 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 $ 29.09 $ 22.85 4-138 Operating Engineer - Building / Heavy&Highway JOB DESCRIPTION Operating Engineer - Building / Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: Well Driller Well Driller Helper Hazardous Waste Differential Added to Hourly Wage: 03/0112012 DISTRICT 4 07/01/2011 08/01/2011 $ 31.68 32.32 $ 27.60 28.38 Page 53 ALL CLASSES NOTE: Overtime Rate OVERTIME PAY OVERTIME PAY See (D, O) on OVERTIME PAGE Paid Holidays: See (5, 6, 16, 25) on HOLIDAY PAGE "NOTE": Employee must be employed day before and day after a holiday to receive holiday pay. HOLIDAY REGISTERED APPRENTICES One(l) Year Terms at the following Rate: 1st Term $ 20.84 2nd Term 21.67 3rd Term 22.33 Supplemental Benefits per hour: APPRENTICES $15.89 Note: OVERTIME AMOUNT $ 5.85 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department o~ Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County Level A $ 3.00 Level B 2.00 Level C 1.00 Monitoring Well Work Add to Hourly Wage: Level A $ 3.00 Level B 2.00 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Well Driller $10% of straight & Helper time rate plus $10.20 (NOTE) Additional $3.00 for Premium Time OVERTIME PAY 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 HOLIDAY REGISTERED APPRENTICES 1st year $ 20.84 2nd year 21.67 3rd year 22.23 4-138well Operating Engineer - Heavy&Highway 0310112012 JOB DESCRIPTION Operating Engineer- Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES HEAVY/HIGHWAY CATEGORIES: CLASS "AA" CRANES: Crane, Truck Crane, Derrick, Dra¢ine, Dredge, Crawler Crane, Tower Crane, Pile Driver. DISTRICT 4 CLASS "A": Asphalt Spreader, Backhoe Crawler/Hydraulic Excavator(360 up to & over 150,000lbs), Barrier Machine, Cherrypicker(over 70 toes), Concrete Pump, Grader, Gradall, Hoist, Loading Machine(bucket 10 yds. or moro), Laser Screed, Milling Machine(Large), Power Winch- Stone Setting/Structural Steel or Truck Mounted, Powerhouse, Road Paver, Scoop-CarryalI-Scaper in Tandem, Side Boom Tractor, Stone Spreader(self propelled), Striping Machine(long line/truck mounted), Tree Graple, Tank Work, Track Alignment Machine. CLASS "B": Backhoe(other than 360), Boom Truck, Bulldozer, Bodng Machine/Auger, Cherry Picker(under 70 tons), Conveyor-Multi, Post Hole-Auger, 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/Scraper, Skid Loader/Skid Steer, Maintenance Man on Tower Crane, Trenching Machine, Vermeer Cutter, Work Boat. CLASS "C": Boiler(Thermoplastic), Curb Machine(Asphalt & Concrete), Maintenance Engineer(Small Equip. & Well Point), Field Mechanic, Milling Machine(Small), Pulvi-Mixer, Pumps(Hydralic & 4in or over), Roller(Dirt), Vac-AII, Jet Pump, Compressor(Structural Steel & 2 or more Batteries), Concrete Finish Machine, Concrete Spreader, Conveyor, Cudng Machine, Fireman, Hoist (One Drum), Ridge Cutter, Shot Blaster, Welding Machine(Structural Steel & Pile Work). CLASS "D": Compressor(Pile,Crane,Stone Setting), Concrote Saw Cutted Breaker, Work Lift(Walk Behind,Power Operated), Generator(Pile Work),Hydra Hammer, Hand Operated Compactor, Pin Pul~er, Portable Heater, Powerod Broom/Buggy/Grinder, Pump(Single Action-1 to 3 Inches/Gypsum/Double Action Diaphragm), Welding Machine, Robotic Units, Hand Line Striper. CLASS"E": Page 54 Preva~ing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County · Batching Plant(On Job Site), Compressor, Generator, Grinder, Mixer, Mulching Machine(Hand Feed), Oiler, Pumps(Single action up to 3 In.), Root Cutter, Stump Chipper, Oiler on Tower Crane, Trenching Machine(Hand,walk behind), Track Tamper, Tractor, Vibrator, Deckhand on Work Boat. 07/01/2011 Class "AA" $ 60.39 Cranes: Boom Length over 100 feet add $1.00 per hour ..... 150" "$1.50"" ...... 250" "$ 2.00"" ...... 350""$3.00"" Class "A" $ 53.48* *Add $3.50 for Hazardous Waste Work. Class "B" $ 49.99* *Add $2.50 for Hazardous Waste Work. Class "C" $ 48.23* *Add $1.50 for Hazardous Waste Work Class "D" $ 44.67 Class "El' $ 42.93 "NOTE": ADD 30% to straight time hdy wage for NEW YORK STATE D.O.T. and other GOVERNMENTAL MANDATED off-shift work. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 $ 29.34 $ 22.85 ALL CLASSES Note: OVERTIME AMOUNT OVERTIME PAY OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 7, 8) on HOLIDAY PAGE "NOTE": Employee must be employed day before and day after a holiday to receive holiday pay. HOLIDAY REGISTERED APPRENTICES REGISTERED APPRENTICES One(l) Year Terms at the following Rate: 1st Term $ 20.84 2nd Term 21.67 3rd Term 22.33 SUPPLEMENTAL: APPRENTICES $15.89 Note: OVERTIME AMOUNT $ 5.85 4-138 Operating Engineer - Heavy&Highway JOB DESCRIPTION Operating Engineer- Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Party Chief - One who directs a survey party Page 55 03/01/2012 DISTRICT 4 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Pubhshed by the New York State Department of Labor Last Published on Mar 01 2012 PRO Number 2012001984 Suffolk County Instrument Man - One who runs the instrument and assists Party Chief Rodman - One who holds the rod and in general, assists the survey par[y Categories cover GPS & Under Ground Surveying Per Hour: 07/01/2011 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: 07/01/201 Heavy Highway/Building $ 24.20 Steel Erection $ 24.20 OVERTIME PAY See (B, *E, Q) on OVERTIME PAGE * Doubletime paid on the 9th hour on Saturday. HOLIDAY Paid: See (5. 6, 8, 11, 12, 15, 25) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 12, 15, 25) on HOLIDAY PAGE 4-15D-N/S co. OI)eratin(I En(~ineer - Marine Construction 0310112012 JOB DESCRIPTION Operating Engineer- Marine Construction DISTRICT 4 ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jeffemon, 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 07/01/2011 CLASS A Operator, Leverman, $ 32.89 Lead Dredgeman CLASS A1 Dozer,Front Loader Operator To Conform to Operating Engineer Prevailing Wage in Locality where Work is being Pedormed including Benefits. CLASS B Spider/Spill Barge Operator, Tug Operator(overl000hp), Operatorll, Fill Placer, Derrick Operator, Engineer, Chief Mate, Electrician, Chief Welder, Maintenance Engineer $ 28.49 Certified Welder, Boat Operator(licensed) $ 26.84 CLASS C Drag Barge Operator, Steward, Mate, Assistant Fill Placer, $ 26.14 Page 56 Prevaifing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County Welder (please add)$ 0.06 Boat Operator CLASS D Shoreman, Deckhand, Rodman, Scowman, Cook, Messman, Porter/Jani~r Oiler(please add)$ 0.09 $ 25.29 $ 21.09 SUPPLEMENTAL BENEFITS Per Hour: THE FOLLOWING SUPPLEMENTAL BENEFITS APPLY TO ALL CATEGORIES All Classes A & B 07/01/2011 $ 8.05 plus 7% of straight time wage overtime hours add $ 0.63 All Class C $ 7.75 plus 7% of straight time wage overtime hours add $ 0.48 All Class D OVERTIME PAY See (B, F, R) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE $ 7.45 plus 7% of straight time wage overtime hours add $ 0.23 Overtime: See (5, 6, 8, 15, 26) on HOLIDAY PAGE Operating Engineer - Trenchless Pipe Rehab JOB DESCRIPTION Operating Engineer- Trenchless Pipe Rehab ENTIRE COUNTIES Nassau, Suffolk WAGES DISTRICT 4 IMPORTANT NOTE: This Category & Classifications are now located in Operating Engineers/Heavy Highway & Laborers/Heavy Highway. Per Hour: Robotic Unit Operator Technician/Boiler, Generator AM Liner/Hydra Seal Hobas Pipe, Polyethyene Pipe or Pull and Inflate Liner OVERTIME PAY 07/01/2011 (SEE) Operator(class D) Operator(classes C&D) Laborer(Grp#3) Laborer(Grp#3) Page 57 4-25a-MarConst 03/01/2012 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department or Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County HOLIDAY 4-138TrchPReh Painter 03101/2012 JOB DESCRIPTION Painter DISTRICT 9 ENTIRE COUNTIES Putnam, Suffolk, Westchester PARTIAL COUNTIES Nassau: All of Nassau except the areas described below: Afiantic Beach, Ceaderhurst, East Rockaway, Gibson, Hewlett, Hewlett Bay, Hewlett Neck, Hewlett Park, Inwood, Lawrence, Lido Beach, Long Beach, parts of Lynbrook, parts of Oceanside, parts of Valley Stream, and Woodmere. Starting on the South side of Sunrise Hwy in Valley Stream running east to Windsor and Rockaway Ave., Rockville Centre is the boundary line up to Lawson Blvd. turn right going west all the above territory. Starting at Union Turnpike and Lakeville Rd. going north to Northem Blvd. the west side of Lakeville road to Northern blvd. At Northern blvd. going east the district north of Northern blvd. to Port Washington Blvd. West of Port Washington blvd.to St. Francis Hospital then north of first traffic light to Port Washington and Sands Point, Manor HAven, Harbour Acres. WAGES Per hour: 07/01/2011-04/30/2012 Drywall Taper $ 39.25** ** Premium pay to be calculated on $35.00 SUPPLEMENTAL BENEFITS Per hour worked: Journeyman 07/01/2011 $ 20.87 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) 07/01/2011 1500 hour terms at the following wage rate: 1st term $14.00 2nd term 23.44 3rd term 31.25 Premium Pay: lstterm $ 21.00 2nd term 31.50 3rdterm 42.00 Suppemental Benefits: (per Hour) 1st year $ 9.75 2nd Year 13.52 3rd year 15.50 9-NYDCT9-DWT Painter 0310112012 JOB DESCRIPTION Painter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester WAGES (Per hour) 07/01/2011 Brush $ 35.00 AbatementJRemoval of lead based 35.00 or lead containing paint on Page 58 DISTRICT 9 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County 'matedals to be repainted. Spray & Scaffold 38.00 Fire Escape 38.00 Decorator 38.00 Paperhanger/Wall Coverer 36.40 SUPPLEMENTAL BENEFITS ( per hour worked ) 07/01/2011 Paperhanger $ 29.23 All others 25.12 Premium 29.75* * Applies only to "All others" catergory, not paperhanger joumeyman. OVERTIME PAY See (A, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Indentured after 5/31/93 ( 1 ) year terms at the following wage rate. (per hour) Appr 1st term... $13.25 Appr 2nd term... 17.50 Appr 3rd term... 21.00 Appr 4th term... 26.00 Spplemental benefis: (per Hour worked) Appr 1st term... $10.86 Appr 2nd term... 14.73 Appr 3rd term... 17.64 Appr 4th term... 23.02 9-NYDC9-B/S Painter - Bridge & Structural Steel 03101/2012 JOB DESCRIPTION Painter- Bridge & Structural Steel DISTRICT 9 ENTIRE COUNTIES Albany, Bronx, 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) 07/01/2011 STEEL: Bridge Painting $ 46.25 Power Tool/Spray $ 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 shift 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: 07/01/2011 Joumeyworker $ 31.04' $ 31.04'* Hourly Rate after 40 hours from May 1st to Nov. 15th $ 6.75 only Page 59 Prevailing Wage Rates for 07/01/2011 - 06/3012012 Published by the New York S ate Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County Hourly Rate after 50 hours from Nov. 16th to April 30th $ 6.75 only *For the pedod of May 1st to November 15th: This rate shall be paid up to maximum of forty (40) hours worked per week. For all houm exceeding 40, the houdy 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 shaft be paid for the actual number of hours worked. **For the pedod of November 16th to Apd130th: This rate shall be paid up to a maximum of fifty (50) hours worked per week. For all hours exceeding 50, the houdy rate shall drop to the hourly rate shown above by date. OVERTIME PAY See (A, F, R) on OVERTIME PAGE *Note: When calculating overtime pay for the Power Tool/Spray classification, add Six dollars to the houdy 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 percentage of Joumeyworkers wage. Apprentices: 1st 2nd 3rd 07/01/2011 40% 60% 80% Supplemental Benefits: 1st Term: Same percentage as used for wage 2nd and 3rd term: Same percentage as used for wage 9-DC-9/806/155-BrSS Painter - Line Striping 03/0112012 JOB DESCRIPTION Painter- Line Striping DISTRICT 9 ENTIRE COUNTIES Albany, Bronx, Clinton, Columbia, Dutchess, Essex, Franklin, Fulton, Greene, Hamilton, Kings, Montgomery, Nassau, New York, Orange, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schohade, Su[folk, Sullivan, Ulster, Warren, Washington, Westchester WAGES Per hour: Painter (Striping-Highway): 07/01/2011 Striping-Machine Operator* Linerman Thermoplastic $26.61 $31.87 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: Journeyworker: OVERTIME PAY See (B, E, P, S) on OVERTIME PAGE HOLIDAY Paid: Overtime: 07/01/2011 $13.06 See (5, 20) on HOLIDAY PAGE See (5, 8, 11, 12, 15, 16, 17, 20, 21,22) on HOLIDAY PAGE 9-8N28A-LS Painter - Metal Polisher 03/01/2012 JOB DESCRIPTION Painter- Metal Polisher Page 60 DISTRICT 9 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Odeans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schohade, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES 07/01/2011 Metal Polisher $ 25.60* *Note: All workers shall be paid an additional premium in an amount equal to twenty (20%) percent of their basic straight time rate of pay for all time worked on hanging scaffolds and on standing scaffolds while working more than 34 feet off the ground. Such premium are to be paid on top of their straight time or overtime, whichever is applicable. This also applies to employees erecting scaffolding. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Journeyworker: $11.12 OVERTIME PAY See (B, E, Q, T) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE Overtime: See (5, 6, 9, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES 55% of Basic Polisher Rate 9-8N28A-MP Plasterer 03/0112012 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: Building: Plasterer/Traditional SUPPLEMENTAL BENEFITS Per hour worked: Joumeyworker 07/01/2011 $ 35.53 $ 21.80 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (per hour) ( 1 ) year terms at the following % Journeyworkers wage rate. DISTRICT 9 First year: 1st 6 months 2nd 6 months 40% 45% Second year: 1st 6 months 2nd 6 months 55% 60% Third year: 1st 6 months 2nd 6 months 70% 75% Supplemental Benefits: (per hour paid): Page 61 Prevailing Wage Rates for 07/01/2011 - 06/3012012 Published by the New York State Department o(Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County (1) year term broken down into six month periods: 1st year: 1st six months $8.37 2nd six months 9.35 3rd six months 11.35 4th six months 12.33 5th six months 14.33 6th six months 15.33 9-530-Zl Plumber 03/01/2012 JOB DESCRIPTION Plumber ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: Plumber MAINTENANCE ONLY (NOTE) 07/01/2011 $ 29.46 DISTRICT 4 Maintenance: Correcfion of problem(s)with the existing fixture or group of fixtures, preventive repairs or servicing of said fixtures SUPPLEMENTAL BENEFITS SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Plumber MAINTENANCE ONLY $9.70 OVERTIME PAY OVERTIME PAY See (B, J) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16) on HOLIDAY PAGE HOLIDAY REGISTERED APPRENTICES One(l) Year Terms, WAGES Per Hour as Follows: 07/01/2011 1st term $15.00 2nd term $16.15 3rd term $17.35 4th term $18.61 5th term $19.91 SUPPLEMENTS PER HOUR 1st term $ 9.00 2nd term $ 9.00 3rd term $ 9.00 4th term $ 9.00 5th term $ 9.00 4-200 Maintaece Plumber 03/01/2012 JOB DESCRIPTION Plumber ENTIRE COUNTIES Page 62 DISTRICT 4 Prevaiflng Wage Rates for 07/01/2011 - 0613012012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County · Nassau, Suffolk WAGES Per Hour: 07/01/2011 Plumbed PUMP & TANK $ 43.24 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Plumber $ 22.07 OVERTIME PAY See (B, N, V) on OVERTIME PAGE (V) Sunday & Holidays Only HOLIDAY Paid: See (1) on HOLIDAY PAGE Over[ime: See (5, 6, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at the Following Wage Per Hour: 07/01/2011 1st Term $10.08 2nd Term 15.77 3rd Term 21.47 4th Term 27.40 Supplemental Benefits per hour: 1st Term $ 10.94 2nd Term 11.54 3rdTerm 12.49 4th Term 12.59 4-200 Pump & Tank JOB DESCRIPTION Plumber ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 Plumber $ 48.48 SUPPLEMENTAL BENEFITS SUPPLEMENTAL BENEFITS 07/01/2011 Per Hour: Plumber $ 29.68 OVERTIME PAY See (A, O, V) on OVERTIME PAGE CODE "V" is only for SUNDAYS and HOLIDAYS WORKED HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE HOLIDAY REGISTERED APPRENTICES One(l) Year Terms at the following percentage of Plumbers Rate: Page 63 DISTRICT 4 Plumber 03/01/2012 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County 1st Term 2nd Term 3rd Term 4th Term 5th Term 30% 40% 50% 60% 70% Supplemental Benefits per hour: 07/01/2011 1st Term $16.27 2ndTerm $18.65 3rdTerm $ 20.01 4th Term $ 21.53 5th Term $ 23.11 4-200 Roofer 03/01/2012 JOB DESCRIPTION Roofer ENTIRE COUNTIES Nassau, Suffolk WAGES Rate Per Hour 07/01/2011 DISTRICT 4 Roofer/Waterproofer $ 37.50 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Roofer/Waterproofer $ 25.37 OVERTIME PAY Per Hour: NEW ROOF SEE (B,E,Q) RE-ROOF SEE (B,E,E2,Q) HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 13, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES (1) Year terms at the following pecentage of Roofem/Waterproofem 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 4thTerm 19.96 4-154 Sheetmetal Worker 03101/2012 JOB DESCRIPTION Sheetmetal Worker ENTIRE COUNTIES Page 64 DISTRICT 4 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Depar[ment of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County 'Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2011 Sheetmetal Worker $48.15 For Temporary Operation or Maintenance of Fans $39.17 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Sheetmetal Worker $36.06 OVERTIME PAY See (A, O) on OVERTIME PAGE For Fan Maintenance See Codes B & O HOLIDAY Paid: See (1) on HOLIDAY PAGE Over[ime: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Per Hour: (1/2) Year Term: 1st $16.38 2nd $18.71 3rd $19.84 4th $21.46 5th $22.96 6th $24.93 7th $24.93 8th $28.72 Supplemental Benefits per hour: 1st $16.57 2nd $18.20 3rd $19.84 4th $21.46 5th $22.96 6th $24.93 7th $24.93 8th $28.72 4-28 Sheetmetal Worker 03/01/2012 JOB DESCRIPTION Sheetmetal Worker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per Hour: 07/01/2011 07/16/2012 DISTRICT 9 SIGN ERECTOR $47.20 Add.S1.75 *NOTE: Overhead Highway Signs and Structurally Supported Signs (See IRON WORKER CLASS) SUPPLEMENTAL BENEFITS PER HOUR 07/01/2011 07/16/2012 OVERTIME PAY $33.94 Add.S2.10 Page 65 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department ~f Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County See (A, F, S) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 11, 12, 16, 25) on HOLIDAY PAGE Over~ime: See (5, 6, 10, 11, 12, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: 07/01/2011 Half (1/2) year terms at the following rate(s): Ist 2nd 3rd $16.45 $18.80 $21.15 6th 7th 81h $28.19 30.54 $32.89 Supplemental Benefits per hour paid: Half (1/2) year terms at the following dollar amount. 07/01/2011 4th 5th $23.50 $25.84 9th loth $35.23 $37.58 1st $ 9.29 2nd $ 9.82 3rd $10.96 4th $12.45 5th $17.64 6th $19.20 7th $2O.O9 8th $22.97 9th $25.28 10th $27.33 9-137-SE Steamfitter 0310112012 JOB DESCRIPTION Steamfitter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour 07/01/2011 DISTRICT 9 Steamfitter, Sprinkler Fitter $ 52.40 *Additional $3.00/Hr For Work on Temporary Heat & Air Conditioning $ 40.54 *Additional $3.00/Hr *Increase to be allocated at a later date. SUPPLEMENTAL BENEFITS Per Hour Steamfitter, Sprinkler Fitter $ 45.91 For Work on Temporary Heat $ 37.03 & Air conditioning OVERTIME PAY See (C, *D, O, V) on OVERTIME PAGE (*D) ON ALL HVAC AND MECHANICAL CONTRACTS THAT DO NQT EXCEED $15,000,000.00 and ON ALL FIRE PROTECTION/SPRINKLER CONTRACTS THAT DO NOT EXCEED $1,500,00,00 HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Page 66 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County · Wages per hour worked: ( 1 ) year terms at the following percentage of Journeyworkers wage. Apprentices: 1st 2nd 3rd 4O% 5O% 65% Suppelmental Benefits: (1) year term at the following dollar amounts: Apprentices: 1st 2nd 07/01/2011 $18.73 $23.14 4th 5th 80% 85% 3rd 4th 5th $29.75 $36.35 $38.56 9-638A-StmSpFtr Steamfitter 03/0112012 JOB DESCRIPTION Steamfitter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2011 DISTRICT 9 Steamfitter/Maintenance & AC Service Work $ 34.55 *Additional $1.00 Refrigeration, NC, Oil Burner and Stoker Service and Repair. Refrigeration Compressor installation up to 5hp (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 ) 9-638B-Stm FtrRef Survey Crew Consulting 03/01/2012 JOB DESCRIPTION Survey Crew Consulting DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Dutchess: Oely the portion south of the north city line in Poughkeepsie. WAGES Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a Consulting Engineer agreement. Categories cover GPS & underground surveying. WAGES: (per hour) 07/01/2011 Page 67 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Pubhshed by the New York S a e Departmen of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk Counly Survey Rates: Party Chief ..... $ 33.70 Instrument Man.. $ 28.38 Rodman .......... $ 25.02 SUPPLEMENTAL BENEFITS Per Hour 07/01/2011 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 9-15dconsult Teamster - Asphalt Delivery 03/01/2012 JOB DESCRIPTION Teamster- Asphalt Delivery ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 DISTRICT 4 Heavy Construction Work: Shall include the supply of Asphalt for construction, improvement and modification of all or any par[ of Streets, Highways, Bridges, Tunnels,Railroads, Canals, Dams, Airports, Schools, Power Generation Plants. "TRUCK DRIVER" Asphalt Delivery $ 33.37 Light Construction Work: Shall include the supply of Asphalt for construction of Single & Multi Family Homes, Town Houses, Apartment Buildings, including Driveways, Streets and Curbs within those projects. Parking Lots, Office Buildings. "TRUCK DRIVER" Asphalt Delivery $18.50 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 "Heavy ConstnJction Work" "TRUCK DRIVER" Asphalt Delivery $ 33.82 "Light Construction Work" "TRUCK DRIVER" Asphalt Delivery $16.50 OVERTIME PAY See (B, *B2, E, *% 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 Light Construction. NOTE: (*U) Only applies after 8 hours worked on holiday. HOLIDAY Paid: See (1) on HOLIDAY PAGE Page 68 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Depadment of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County · Overtime: See (5, 6, '16, **25) on HOLIDAY PAGE NOTE:(*16) Paid at Double if Worked. (**25) Paid al Double if Worked. 4-282 Teamster - Buildinq 0310112012 JOB DESCRIPTION Teamster - Building ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 Truck Driver (Building Demolition & Debris) Trailers $ 28.33 Straight Jobs 28.03 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 DISTRICT 4 All Classifications $ 25.87 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 Teamster- Delivery of Concrete 03/01/2012 JOB DESCRIPTION Teamster- Delivery of Concrete ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 Heavy Construction Work: DISTRICT 4 "TRUCK DRIVER" Concrete Delivery $ 23.00 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 "Heavy Construction Work" Concrete Delivery $ 31.30 "Light Construction Work" Concrete Delivery $16.50 OVERTIME PAY See (B, E, *1, P) on OVERTIME PAGE NOTE: (B,E & P) Apply only to Heavy Construction Work. Page 69 Shall Include the supply of Ready-Mix Concrete for construction, improvment and modification o1 all or any part of Streets, Highways, Bridges, Tunnels, Railroads, Canals, Dams, Airports, Schools & Power Generation Plants "TRUCK DRIVER" Concrete Delivery $ 34.96 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 Office Buildings. Prevailing Wage Rates for 07/0112011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk Counly~ (*1) Applies only to Light Construction Work. 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. 4-282ns Teamster - Heavy&Highway 03101/2012 JOB DESCRIPTION Teamster- Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 Heavy Construction Work: Shall include the construction, improvement or modification of all or any part of streets, highways, Bddges, Tunnels, Railroads, Canals, Dams, Airports, Schools, Power Generation Plants. Site Excavating (Chauffeurs) $ 33.37 Light Construction Work: Shall include the construction, improvment and modification of Single & Multi Family Homes, Town Houses, Apartment Buildings, including driveways, Streets and Curbs within those projects. Parking Lots and Office Buildings. Site Excavating (Chauffeurs) $18.50 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Heavy Construction Work Chauffeurs $ 33.82 Light Construction Work Chauffers $16.50 OVERTIME PAY See (B, *B2, E, **1, P, ***R, ****U) on OVERTIME PAGE (NOTE) PREMIUM PAY of 25% on straight time hours for NEW YORK STATE D.O.T. and or other GOVERMENTAL MANDATED off shift work. NOTE: (B,E,P,T & *U) Apply to Heavy Construction. NOTE: (B2J,T & *U) Apply to Light Construction. NOTE: (*U) Only applies after 8 hours work on holiday HOLIDAY Paid: See (1) on HOLIDAY PAGE Over[ime: See (5, 6, '16, **25) on HOLIDAY PAGE NOTE:(*16) Paid at Double if Worked. (**25) Paid at Double if Worked. 4-282 Welder 03101120'12 JOB DESCRIPTION Welder DISTRICT 1 ENTIRE COUNTIES Albany, Allegany, Bronx. Broome, Caftaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, CorUand, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton. Herkimer, Jeffemon, Kings, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES Per hour 07/01/2011 Welder (To be paid the same rate of the mechanic performing the work) OVERTIME PAY Page 70 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County HOLIDAY l-As Per Trade Page 71 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department o'f Labor Last Published on Mar 01 2012 PRC Number 2012001964 Overtime Codes Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the HOLIDAY section. lA) (AA) lB1) lB2) lC) (C1) (D) (D1) (E) (El) (E3} (E2) (E4) (F) G) H) i) J) K) L) M) N) o) P) Q) R) S) S1 ) Time and one half of the houri Time and one half of the houri Time and one half of the houri Time and one half of the houri Time and one half of the houri Time and one half of the houri Double the houri Double the houri Double the houd Double the houri Double the houd Double the houd Time and one half of the hourly rate after 7 hours per day Time and one half of the hourly rate after 7 and one half 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 9th & 10th hours week days and the 1st 8 hours on Saturday. Double the hourly rate for all additional hours Time and one half of the hourly rate after 40 hoers per week Double the hourly rate after 7 hours per day Double the houdy rate after 7 and one half hours per day Double the hourly rate after 8 hours per day Double the houdy rate after 9 hours per day Time and one half of the hourly rate on Saturday Time and one half 1st 4 hours on Saturday Double the hourly rate all additional Saturday hours Between November 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather, provided a given employee has worked between 16 and 32 hours that week Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather f rate on Saturday and Sunday f rate on Saturday and Holidays ¢ rate on Saturday, Sunday, and Holidays ¢ rate on Sunday ~ rate on Sunday and Holidays ~ rate on Holidays ¢ rate on Saturday ~ rate on Saturday and Sunday f rate on Saturday and Holidays i rate on Saturday, Sunday, and Holidays ¢ rate on Sunday ¢ rate on Sunday and Holidays Double the houdy rate on Holidays Two and one half times the hourly rate for Holidays, if worked Two and one half times the hourly rate the first 8 hours on Sunday or Holidays One and one half times the hourly rate all additional hours. Tdple the hourly rate for Holidays, if worked Page 72 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 ( U ) Four times the houdy rate for Holidays, if worked ( V ) Including benefits at SAME PREMIUM as shown for overtime ( W ) Time and one half for benefits on all overtime hours. NOTE:BENEFITS are PER HOUR WORKED,for each hour worked, unless otherwise noted Page 73 Prevailing Wage Rates for 07/01/2011 06/30/2012 Published by the New York Stale Department o¢'Labor Lasl Published on Mar 01 2012 PRC Number 2012001984 Holiday Codes PAID Holidays: Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work ac:~ually performed. OVERTIME Holiday Pay: Overtime holiday pay is the premium pay that is re§uired for work performed on specified holidays. It is only required where the emp oyee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERT[ME PAY section listings for 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 the employee is normally classified. ( 1 ) None ( 2 ) Labor Day ( 3 ) Memodai Day and Labor Day ( 4 ) Memorial Day and July 4th ( 5 ) Memodal 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 Birthday ( 11 ) Columbus Day ( 12 ) Election Day ( 13 ) Presidential Election Day ( 14 ) 1/2 Day on Presidential Election Day ( 15 ) Veterans Day ( 16 ) Day after Thanksgiving ( 17 ) July 4th ( 18 ) 1/2 Day before Christmas ( 19 ) 1/2 Day before New Years ( 20 ) Thanksgiving ( 21 ) New Year's Day ( 22 ) Christmas ( 23 ) Day before Christmas ( 24 ) Day before New Year's ( 25 ) Presidents' Day ( 26 ) Martin Luther King, Jr. Day ( 27 ) Memorial Day Page 74 New York State Department of Labor - Bureau of Public Work State Office Building Campus Building 12 - Room 130 Albany, New York 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION As Required by Articles 8 and 9 of the NYS Labor Law Fax (518) 485-1870 or mail this form for new schedules or for determination for additional occupations. I This Form Must Be Typed ] Submitted By: (Check Only [] Contracting Agency [] Architect or Engineering Firm [] Public Work District Office Date: A. Public Work Contract to be let by: (Enter Data Pertaining to Contracting/Public Agency) 1. Name and complete address I-- (Checkif new or change) O Telephone: ( ) Fax: E-Mail: 3 SEND REPLY TO ~1-1 check if new or change) Name and complete address: Telephone:( ) Fax: ( ) E Mail: 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. New Building [] 2 Addition to Existing Structure [] 3. Heavy and Highway Construction (New and Repair) [] 4. New Sewer or Waterline [] 5. Other New Construction (Explain) [] 6. Other Reconstruction, Maintenance, Repair or Alteration [] 7. Demolition [] 8. Building Service Contract 2 NY State Units (see Item 5) [] 01 DOT [] 02 OCS [] 03 Dormitory Authority [] 04 State University Construction Fund [] 05 Mental Hygiene Facilities Corp. [] 06 OTHER NY STATE UNIT [] 07 City [] 08 Local School District [] 09 Special Local District, i.e., Fire, Sewer, Water District [] 10 Village [] 11 Town [] 12 County [] 13 Other Non-N.Y. State (Describe) 4. SERVICE REQUIRED. Check appropriate box and provide project information. [] New Schedule of Wages and Supplements. JAPPROXIMATE BID DATE: ] [] Additional Occupation and/or Redetermination PRC NUMBER ISSUED PREVIOUSLY FOR THIS PROJECT: J J OFFICE USE ONLY 6. Location of Project: Location on Site Route No/Street Address Village or City Town County OCCUPATION FOR PROJECT: [] Construction (Building, Heavy Highway/SewedWater) [] Tunnel [] Residential [] Landscape Maintenance [] Elevator maintenance [] Exterminators, Fumigators [] Fire Safety Director, NYC Only [] Guards, Watchmen [] Janitors, Porters, Cleaners, Elevator Operators [] Moving furniture and equipment [] Trash and refuse removal [] Window cleaners [] Other (Describe) 9. Has this project been reviewed for compliance with the Wicks Law involving separate bidding? YES [] NO [] 10. Name and Title of Requester I Signature PW 39 (0411) SEE PAGE TVVO FOR LAWS RELATING TO PUBLIC WORK CONTRACTS NEW YORK STATE DEPARTMENT OF LABOR Bureau of Public Work - Debarment List LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Under Article 8 and Article 9 of the NYS Labor Law, a contractor, sub-contractor and/or its successor shall be debarred and ineligible to submit a bid on or be awarded any public work or public building service contract/sub-contract with the state, any municipal corporation or public body for a period of five (5) years from the date of debarment when: · Two (2) final determinations have been rendered within any consecutive six-year (6) 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.uslEDListlsearchPaqe.do NYSDOL Bureau of Public Work Debarment List 02121/2012 Article 8 DOL NYC A & T ~RON WORKS INC 25 CLIFF STREET 12/21/2009 12/21/2014 NEW ROCHELLE NY 10801 DOL DOL ****'0711 A ULIANO & SON LTD 22 GRIFFEN COURT 18/26/2010 10/26/2015 MILLER PLACE NY 11746 DOL DOL A ULIANO CONSTRUCTION 22 GRIFFEN COURT 10/26/2010 10/26/2015 MILLER PLACE NY 11746 DOL NYC ..... 5804 AAR/CO ELECTRIC INC 5902 AVENUE N 03/20/2009 03/20/2014 BROOKLYN NY 11234 DOL DOL *****9095 ABDO TILE CO 6179 EAST MOLLOY ROAD 06/25/2010 05/25/2015 EAST SYRACUSE NY 13057 DOL DOL *****9095 ABDO TILE COMPANY 6179 EAST MOLLOY ROAD 06/25/2010 0612512015 EAST SYRACUSE NY 13057 DOL DOL *****0635 ABOVE ALL PUMP REPAIR 360 KNICKERBOCKER 10/25/2008 10/20/2013 CORP AVENUE BATAVIA NY 11716 OOL NYC *****5022 ACE DRYWALL SYSTEMS INC, 194 ASHLAND PLACE 03/06/2008 03~6/2013 BROOKLYN NY 11217 DOL AG ****'8219 ACTIVE CABLING ~NC C/O FRANK DECAPiTE 10/02/2008 10/01/2013 7 SYCAMORE ROAD DRWOODSURY NY 11797 DOL DOL ADAM A CEMERYS 2718 CURRY ROAD 07/08/2010 07/05/2015 SCHENECTADY NY 12303 DOL DOL ..... 3012 ADAM DECKMAN DECKMAN 154 POND VIEW PARKWAY 04/16/2007 04/16/2012 PAINTING ROCHESTER NY 14612 DOL DOL ADAM'S FLOOR COVERING 2718 CURRY ROAD 07/08/2010 08/08/2015 LLC SCHENECTADY NY 12303 DOL DOL AFFORDABLE PAINTING PLUS 367 GREEVES ROAD 15/01/2010 10/01/2015 NEW HAMPTON NY 10958 DOL DOL ALBERT CASEY 43-28 54TH STREET 07/01/2011 07/01/2016 WOODSIDE NY 11377 DOL DOL ALL TOWNS MECHANICAL BARRY 18 EAST SUNRISE HIGHWAY 01/21/2008 01/21/2013 MORRIS FREEPORT NY 11758 OOL OOL .... '3101 ALLSTATE CONCRETE 635 MIDLAND AVENUE 07109/2007 07109/2012 CUFFING, INC. GARFIELD NJ 07026 DOL DOL *****6740 ALLSTATE ENVIRONMENTAL CIO JOSE MONTAS 03/18/2011 0311812016 CORP 27 BUTLER PLACEYONKERS NY 10710 DOL DOL ..... 8534 ALPHA INTERIORS INC 513 ACORN STREET/SUITE C 0512712010 05/27/2015 DEER PARK NY 11729 DOL DOL ****'8291 AMIR'S VISION INC 230 PRAtt STREET 09/17/2008 0911712013 BUFFALO NY 14204 DOL NYC ANDERSON LOPEZ 670 SOUTHERN BLVD 06/14/2011 06/1412016 BRONX NY 10455 DQL DOL ..... 0860 ANDREA STEVENS STEVENS 2458 EAST RIVER ROAD 0112312008 0112312013 TRUCKING CORTLAND NY 13045 DOL AG ANTHONY BRANCA 700 SUMMER STREET 11124/2009 11/24/2014 STAMPORD CT DOL DOL ANTHONY POSELLA 30 GLEN HOLLOW 10119/2009 10H9/2014 ROCHESTER NY ~4622 OOL DOL ANTHONY TAQRMINA 215 MCCORMICK DRIVE 05/20/2009 05/2012014 BOHEMIA NY 11716 DOL DOL ANTHONY ULIANO 22 GRIFFEN COURT 15/26/2010 10/2612015 MILLER PLACE NY 11746 DOL DOL *****2725 ARAGONA CONSTRUCTION 5755 NEWHOUSE ROAD 10/10/2007 1011012012 CORP EAST AMHERST NY 14051 OOL DOL ..... 8688 ARC MECHANICAL CORP 215 MCCORMICK DRIVE 05/20/2009 05/20/2014 BOHEMIA NY 11716 DOL DOL ..... 6482 ARGO CONTRACTING CORP 5752 W~ST W~BB ROAD 05/21/2008 05/21/2013 YOUNGSTOWN OH 44515 DOL NYC ARIE BAR 5902 AVENUE N 05/20/2009 9312012014 BROOKLYN NY 11234 DOL DOL ARTHUR C OSUORAH PO BOX 1295 02/15/2008 02/15/2013 BUFFALO NY 14215 DOL DOL ..... 8027 ARTHUR DESIGN ENGINEERS PO BOX 1295 02/15/2008 02/15/2013 & ASSOCIATES BUFFALO NY 14215 DOL DOL *****9336 ARTIERI SPECIALTIES LLC SWITZER 107 STEVENS STREET 11/04/2009 11/04/2014 SALES LOCKPORT NY 14094 DOL DOL ..... 2993 AST DRYWALL & ACOUSTICS 46 JOHN STREET- STE 711 12/16/2008 12/16/2013 INC NEW YORK NY 10038 DOL DA ..... 5761 AZTEC PLUMBING & HEATING 153 BAYWOODS LANE 03/19/2007 05/19/2012 CORP BAY SHORE NY 11706 DOL DOL ..... 2534 B & B CONCRETE 55 OLD TURNPIKE ROAD 02/04/2011 02/04/2016 CONTRACTORS INC SUITE 612MANUET NY 10954 DOL DOL ..... 7828 BALLAOH GENERAL 250 KNEELAND AVENUE 07/09/2007 07/09/2012 CONTRACTING INC YONKERS NY 10705 Page 1 of 10 NYSDOL Bureau of Public Work Debarment List 02/2112012 Article 8 DOL NYC BASIL ROMEO 243-03 137TH AVENUE 03/25/2010 03/25/2015 ROSEDALE NY 11422 DOL DOL BEATRICE ORTEGA 764 BRADY AVE - APT 631 05/21/2008 05/21/2013 BRONX NY 10462 DOL DOL *****2294 BEDELL CONTRACTING C ORP 2 TINA LANE 01/06/2612 01106/2017 HOPEWELL JUNCTION NY 12533 DOL DOL BENNY VIGLIOTTI CIO LUVIN CONSTRUCTION 03/15/2010 03115/2015 CO P O BOX 357CARLE PLACE NY 11514 DOL DOL BERNADETrE GORMALLY 250 KNEELAND AVENUE 07/09/2007 07/09/2012 YONKERS NY 10705 DOL NYC BERNARD COHNEN 193 HARWOOD PLACE 0511412008 65/1412013 PARAMUS NJ 07652 DOL IDOL .... *6999 BEST ROOFING OF NEW 30 MIDLAND AVENUE 11105/2010 11 ~5/2015 JERSEY LLC WALLINGTON NJ 07057 DOL DOL .... ~3890 BETTY JOE FRAZIER NOBLE 23960 WHITE ROAD 02/1412608 02/14/2013 CONSTRUCTI WATERTOWN NY 13601 ON GROUP DOL DOL BIAGIO CANTISANI 200 FERRIS AVENUE 12/04/2009 12/04/2014 WHITE PLAINS NY 10603 DOL DOL ~*~0818 BLASTEC INC MILLER 121 LINCOLN AVENUE 02/21/2008 02/21~013 SANDBLASTIN ROCHESTER NY 14611 G & PAINTING DOL DOL ..... 8501 BLOCKHEAD CONCRETE & P O BOX 71 09/03/2008 69/03/2013 PAVING INC CHEEKTOWAGA NY 14225 DOL NYC ..... 8377 BOSPNORUS CONSTRUCTION 3817 KINGS HIGHWAY~STE 1D 0613012010 06130/2015 CORPORATION BROOKLYN NY 11234 DOL DOL BRIAN HOXIE 2219 VALLEY DRIVE 1210412009 12/04/2014 SYRACUSE NY 13207 DOL DOL .... '4311 C & F SHEET METAL CORP 201 RICHARDS STREET 0212512009 02/2412014 BROOKLYN NY 11231 DOL DOL ..... 9266 CALl BROTHERS INC 1223 PARK STREET 09/12/2007 09/12/2012 PEEKSKILL NY 10566 DOL DOL CANTISANI & ASSOCIATES 220 FERRIS AVENUE 12/04/2009 12/04/2014 LTD WHITE PLAINS NY 10603 DOL DOL CARMODY CONCRETE CORP 220 FERRIS AVENUE 12/04/2009 12/04/2014 WHITE PLAINS NY 10603 DOL DOL CARMODY ENTERPRISES LTD 220 FERRIS AVENUE 12/04/2009 12/64/2014 WHITE PLAINS NY 10603 DOL DOL CARMODY INC 220 FERRIS AVENUE 1210412009 12~)4/2014 WHITE PLAINS NY 10603 DOL DOL CARMODY MASONRY CORP 220 FERRIS AVENUE 1210412009 12/0412014 WHITE PLAINS NY 10603 DOL DOL CARMODY"2" INC 220 FERRtS AVENUE 12/0412009 12/04/2014 WHITE PLAINS NY 10603 DOL DOL ..... 9721 CATENARY CONSTRUCTION 112 HUDSON AVENUE 02/14/2006 10/2012014 CORP ROCHESTER NY 14605 DOL DOL ..... 7924 CBI CONTRACTING 2081 JACKSON AVENUE 06/03/2010 D6/03/2015 INCORPORATED COPIAGUE NY 11726 DOL DOL CHARLES MURDOUGH 203 KELLY DRIVE 03/26/2008 03/26/2013~ EAST AURORA NY 14052 DOL DOL CHARLES OKRASKI 67 WARD ROAD 01/21/2011 01/21/2016 SALT POINT NY 12578 DOL DOL CHARLES RIBAUDO 513 ACORN ST - SUITE C 05/27/2010 05/2712015 DEER PARK NY 11729 DOL DOL ****'1416 CHEROMINO CONTROL 61 W1LLET ST- SUITE 14 12/03/2009 07/09/2015 GROUP LLC PASSAIC NJ 07055 DOL DOL CHESTER A BEDELL 1233 WALT WHITMAN ROAD 04/29/2008 04/29/2013 MELVILLE NY 11747 DOL DOL CHRIS SAVOURY 44 THIELLS-MT IVY ROAD 10/14/2011 10/14/2016 POMONA NY 10970 DOL DOL CHRIST R PAPAS CIO TRAC CONSTRUCTION 02/03/2011 02/03/2016 INC 9091 ERIE ROADANGOLA NY 14006 DOL DOL CHRISTOF PREZBYL 2 TINA LANE 01/06/2012 01/06/2017 HOPEWELL JUNCTION NY Page 2 oflO NYSDOL Bureau of Public Work Debarment List 02/21/2012 Article 8 DOL DOL .... 8342 CONKLIN PORTFOLIO LLC 60 COLONIAL ROAD 02/15/2011 02/1512016 STILLWATER NY 12170 DOL DOL ..... 5740 CORTLAND GLASS COMPANY 336 TOMPKINS STREET 1012112010 07H512016 INC CORTLAND NY 13045 DOL NYC *****8777 CROSSLAND ELECTRICAL 846 EAST 52ND STREET 12119/2008 12/29/2013 SYSTEMS INC BROOKLYN NY 11203 DOL DOL ****'0115 CROW AND SU~FON 949 GROVESIDE ROAD 08/27/2008 08/27/2013 ASSOCIATES INC BUSKIRK NY 12028 DOL DOL ..... 4266 CRYSTAL INTERIOR 922 CRESCENT STREET 05/21/2008 05/21/2013 CONTRACTING INC BROOKLYN NY 11208 DOL DOL ****'1804 CUSTOM GARDEN 283 NORTH MIDDLETOWN 09/28/2009 09/28/2014 LANDSCAPING INC ROAD PEARL RIVER NY 10965 DOL DOL ..... 9453 D & D MASON CONTRACTORS 158-11 96TH STREET 06/25/2009 06/2512014 INC HOWARD BEACH NY 11414 DOL DOL ..... 6339 D J FLOORS INC 9276 VIA CIMATO DRIVE 08129/2007 08/29/2012 CLARENCE CENTER NY 14032 DOL DOL D JAMES SUTTON 949 GROVESIDE ROAD 08/27/2008 08/27/2013 SUSKIRK NY 12028 DOL DOE DANIEL CELLUCCI ELECTRIC 17 SALISBURY STREET 06/02/2010 06/02/2015 GRAFTON MA 01519 DOL DOL ****'7129 DANIEL T CELLUCCI DANIEL 17 SALISBURY STREET 06/02/2010 06/02/2015 CELLUCCI GRAFTON MA 01519 ELECTRIC DOL DOL DARIN ANDERSON 134-25 166 PLACE #5E 08~07~2008 08/07/2013 JAMAICA NY 11434 DOL DOL DARREN MAYDWELL 115 LEWIS STREET 05/12/2009 05/12/2014 YONKERS NY 10703 DOL DOL DEANNA J REED 5900 MUD MILL RE, BOX 949 09/02/2008 09/02/2013 BREWERTON NY 13029 DOL DOL ..... 3012 DECKMAN PAINTING 154 POND VIEW PARKWAY 04/16/2907 04H 6/2012 ROCHESTER NY 14612 DOL DOL ..... 2311 DELCON CONSTRUCTION 220 WHITE PLAINS ROAD 08127/2009 08127/2014 CORP TARRYTOWN NY 10591 DOL DOL ..... 6971 DELPHI PAINTING ANO 1445 COMMERCE AVENUE 10/09/2007 10/09/2012 DECORATING INC BRONX NY 10461 DOL DOL ..... 3538 DELTA CONTRACTING 75 MCCULLOCH DRIVE 10/1912010 10/19/2015 PAINTING AND DESIGN INC DIX HILLS NY 11746 DOL DOL DESMOND CHARLES 922 CRESCENT STREET 05/21/2008 05/21/2013 BROOKLYN NY 11208 DOL DOL DIMITEIUS KASSIMIS 152-65 11TH AVENUE 05/22/2008 05/22/2013 WHITESTONE NY 11357 DOL DOL DONALD NOWAK 10 GABY LANE 10H5/2009 10/15/2014 CHEEKTOWAGA NY 14227 DOL DOL DONALD SCHWENDLER 9276 VIA CIMATO DRIVE 08129/2007 0812912012 CLARENCE CENTER NY 14032 DOL DOL ****'6148 DOT CONSTRUCTION OF NY 765 BRADY AVE - APT 631 05121/2008 0512112013 INC BRONX NY 10462 DOL DOL DOUGLAS MCEWEN 121 LINCOLN AVENUE 0212112008 02/21/2013 ROCHESTER NY 14611 DOL DOL DRAGOLJUB RADOJEVIC 61 WlLLET ST 1210312009 0710912015 - SUITE 14 PASSAIC NJ 07055 DOL NYC ..... 6176 E N E L ELECTRICAL CORP 1107 MCDONALD AVENUE 07/30/2010 07/3012015 BROOKLYN NY 11230 DQL NYC ~**'8074 ECONOMY IRON WORKS INC 670 SOUTHERN BLVD 06H 4/2011 0611412016 BRONX NY 10455 DOL DOL EDWARD SUBEH I CHELSEA COURT 10/0612008 10/0612013 ATLANTIC CITY NJ 08401 DOL NYC ~**'6260 EL TREBOL SPECIAL 95-26 76TH STREET 10/12/2011 10/12/2016 CLEANING INC OZONE PARK NY 11416 DOL DOL *****3654 ELITE BUILDING 34-08 PARKWAY DRIVE 07/0112008 07/2112013 ENTERPRISES INC BALDWIN NY 11510 DOL DOL *****0780 EMES HEATING & PLUMBING 5 EMES LANE 01/20/2002 01/20/3002 CONTR MONSEY NY 10952 DOL DOL ..... 6101 ENHANCED DATA COM INC 75 SHERBROOK ROAD 07/01/2010 07/01/2015 NORTH BABYLON NY 11704 DOL DOL ERROL L ALLEN 134-25 166 PLACE #5E 0810712008 08/07/2013 JAMAICA NY 11434 DOL DOL ESCO INSTALLERS LLC I CHELSEA COURT 10/06/2008 10/06/2013 ATLANTIC CITY NJ 08401 DOL DOL '****0329 FAULKS PLUMBING HEATING 3 UPTON STREET 06110/2008 06110/2013 & AIR CONDITIONING INC HILTON NY 14468 DOL DOL FERNANDO GOMEZ 201 RICHARDS STREET 02125/2009 0212512014 BROOKLYN NY 11231 DOL DOL ..... 0768 FISHER CONCRETE lNG 741 WELSH ROAD 04/08/2009 04/08/2014 JAVA CENTER NY 14082 Page 3 of 10 NYSDOL Bureau of Public Work Debarment List 0212112012 Article 8 OOL DOL '°~5867 FJM-FERRO INC 6820 14TH AVENUE 1 D/27/2011 10/2712016 BROOKLYN NY 11219 DOL DOL ****'0115 FOXCROFT NURSERIES INC 949 GROVESIDE ROAD 08~27~2008 88/2712013 BUSKIRK NY 12028 DOL DOL FRANCIS (FRANK) OSCIER 3677 SENECA STREET 09~03~2008 09/O3/2013 WEST SENECA NY 14224 DOL NYC FRANK (FRANCIS) OSCIER 3677 SENECA STREET 09/03/2008 09/03/2013 WEST SENECA NY 14224 DOL NYC FRANK ACOCELLA 68 GAYLORD ROAD 02/10/2011 02/10/2016 SCARSDALE NY 10583 DOL NYC FRANK BAKER 24 EDNA DRIVE 0511412008 0511412013 SYOSSET NY 11791 DOL DOL FRANK J MERCANDO CIO 134 MURRAY AVENUE 1112212008 11/2212013 MERCANDO YONKERS NY 10704 CONTRACTIN G CO INC DOL DOL FRANK J MERCANDO 134 MURRAY AVENUE 1211112009 12/1112014 YONKERS NY 10704 DOL DOL FRANK ORTIZ 75 SHERBROOK ROAD 07/01/2010 07/01/2015 NORTH BABYLON NY 11704 DOL DOL FRED ABDO ABDO TILE 6179 EAST MOLLOY ROAD 06/25/2010 06/2512015 COMPANY EAST SYRACUSE NY 13057 AKA ABDO DOL NYC FREDERICK LEE 89 WALKER STREET 0110412008 01/04/2013 NEW YORK NY 10013 DOL DOL """9202 G & M PAINTING 13915 VILLAGE LANE 0210512010 0210512015 ENTERPRISES INC RIVERVlEW MI 48192 DOL DOL "~9832 G A FALCONE 253 COMMONWEALTH 0610712007 08/07/2012 CONSTRUCTION INC AVENUE BUFFALO NY 14216 DOL DOL ~'~7088 GBA CONTRACTING CORP 4015 21ST AVENUE 01111/2008 01/1112013 ASTORIA NY 11105 DOL DOL ~*~6826 GBE CONTRACTING 12-14 UTOPIA PARKWAY 02H0/2010 02110/2015 CORPORATION WHITESTONE NY 11357 DOL NYC GELSOMINA TASSONE 25 CLIFF STREET 06/15/2010 06115/2015 NEW ROCHELLE NY 10801 DOL DOL GEORGE A PATTI 81 P O BOX 772 08/13/2010 08113/2015 JAMESTOWN NY 14701 DOL NYC GEORGE LUCEY 150 KINGS STREET 01/19/1998 01/19/2998 BROOKLYN NY 11231 DOL DOL GEORGE SHINAS 12-14 UTOPIA PARKWAY 02/10/2010 02110/2015 WHITE STONE NY 11357 DOL DOL GERALD A POLLOCK 336 TOMPKINS STREET 06/29/2010 07115/2016 CORTLAND NY 13045 DOL DOL GERALD F POLUCH JR 2085 BRIGHTON HENRIETTA 11/04/2010 11104/2015 TOWN LINE ROADROCHESTER NY 14623 DOL AG GERARD ~PPOLITO 563 MUNCEY ROAD 07/14/2008 0711412013 WEST ISLIP NY 11798 DOL DOL .... '4013 GR GRATES CONSTRUCTION 63 IRONWOOD ROAD 06/14/2010 06/14/2016 CORPORATION UTICA NY 13520 DOL DOL GRATES MERCHANT NANNA 63 IRONWOOD ROAD 06/1412010 06/15/2015 INC UTICA NY 13520 OOL DOL GREG SURAC[ 364 BLEAKER ROAD 10/25/2007 10/25/2012 ROCHESTER NY 14609 DOL DOL GREGG G GRATES 63 IRONWOOD ROAD 06/14/2010 06114/2015 UTICA NY 13520 DOL DOL GRETCHEN SULLIVAN P OBOX 130 11/10/2011 1111012016 CRETE IL 60417 DOL DOL GRIOGORIOS BELLOS 4015 21ST AVENUE 01/11/2008 01/11/2013 ASTORIA NY 11105 DOL DOL *****9985 GROUND LEVEL 10 GABY LANE 10115/2009 10/15/2014 CONSTRUCTION CHEEKTOWAGA NY 14227 DOL DOL ..... 7735 GRYF CONSTRUCTION INC 394 SPOTSWOOD-ENGLISH 08/08/2011 08/08/2016 RD MONROE NJ 08831 DOL DOL ****'8904 HALLOCKS CONSTRUCTION PO BOX278 1210112008 1210112013 CORP YORKTOWN HEIGHTS NY 10598 DOL DOL HARALAMBOS KARAS 80-12 ASTORIA BOULEVARD 11/22/2008 10/22/2013 EAST ELMHURST NY 11370 DOL DOL ..... 5405 HARD LINE CONTRACTING 89 EDISON AVENUE 10/28/2011 10/28/2016 INC MOUNT VERNON NY 10550 DOL DOL ..... 0080 H~AMP ELECTRICAL 285-12 HILLSIDE AVENUE 02/15/2008 02/15/2013 CONTRACTING CORP FLORAL PARK NY 11004 DOL DOL ****'4331 HIDDEN VALALEY 225 SEYMOUR STREET 02108/2011 02/08/2016 EXCAVATING INC FREDONIA NY 14063 Page 4 of 10 NYSDOL Bureau of Public Work Debarment List 02/21/20t2 Article 8 DOL DOL ..... 9893 HOXIE'S PAINTING CO INC 2216 VALLEY DRIVE 12/04/2009 12/04/2014 SYRACUSE NY 13207 DOL DOL ..... 6429 IDM ENTERPRISES INC 60 OUTWATER LANE 05/09/2009 05109/2014 GARFIELD NJ 07026 DOL DOL *****6293 IMPRESSIVE CONCRETE 264A SUBURBAN AVENUE 12/18/2007 1211812012 C ORP DEER PARK NY 11729 DOL DOL ****'8898 IN-TECH CONSTRUCTION INC 8346 BREVVERTON ROAD 07/06/2007 07/06/2012 CICERO NY 13039 DOL DOL ..... 7561 INDUS GENERAL 33-04 91ST STREET 04/28/2010 04/28/2015 CONSTRUCTION JACKSON HEIGHTS NY 11372 DOL DOL .... *0488 rNTERWORKS SYSTEMS, INC. 1233 WALT WHrTMAN ROAD 04/29/2008 04/29/2013 MELVILLE NY 11747 DOL DOL ISRAEL MONTESINOS 517 MILES SQUARE ROAD 02/1512008 02/15/2013 YONKERS NY 10701 DOL DOL IVAN D MARKOVSKI 60 OUTWATER LANE 05/09/2009 05/0912014 GARFIELD NJ 07026 DOL DOL IVAN TORRES 11 PLYMOUTH ROAD 0211512008 02/15/2013 DIX HILLS NY 11746 DOL DOL .... 0579 J & I CONSTRUCTION CORP 110 FOURTH STREET 02/15/2008 02/15/2013 NEW ROCHELLE NY 10801 DOL DOL J & N LEASING AND BUILDING 154 EAST BOSTON POST 08/11/2009 08/11/2014 MATERIALS ROAD MAMARONECK NY 10543 DOL DOL ..... 1584 J M TRI STATE TRUCKING INC 140 ARMSTRONG AVENUE 10/21/2009 10/21/2014 SYRACUSE NY 13209 DOL DOL JAMES SICK~,U 3090 SHIRLEY ROAD 04/19/20~ 1 12/3012016 NORTH COLLINS NY 14111 DOL DOL JAMES WALSH 89 EDISON AVENUE 10128/2011 10/28/2016 MOUNTVERNON NY 10550 DOL DOL JASON ASBURY 22592 SEA BASS DRIVE 10/10/2097 10/10/2012 BOCA RATON FL 33428 DOL DOL JEANETTE CALICCHIA 1223 PARK STREET 0911212007 0911212012 PEEKSK[LL NY 10566 DOL DOL JEFFREY A NANNA 502 WOODBURNE DRIVE 06/14/2010 0611412010 UTICA NY 13502 DOL DOL JEFFREY ARTIERI 107 STEVENS STREET 11/04/2009 1 $/04/2014 LOCKPORT NY 14094 DOL DOL JOHN B DUGAN 121 LINCOLN AVENUE 02/21/2008 0212112013 ROCHESTER NY 14611 DOL DA JOHN BIAS 153 BAYWOODS LANE 0311912007 0311912012 BAY SHORE NY 11706 DOL DOL JOHN SUONADONNA 283 NORTH MIDDLETOWN 09/2812009 0912812014 ROAD PEARL RIVER NY 10965 DOL DOL JOHN DESCUL 75 MCCULLOCH DRIVE 1011912010 10/19/2015 DIX HILLS NY 11746 DOL NYC JOHN DITURI 1107 MCDONALD AVENUE 0713012010 07130/2015 BROOKLYN NY 11230 DQL NYC JOHN FICARELLI 120-30 28TH AVENUE 01/14/2011 0111412016 FLUSHING NY 11394 DOL OOL JOHN JIULIANNI 222 GAINSBORG AVENUE E 05110/2010 05/10/2015 WEST HARRISON NY 10604 DOL NYC JOHN MARl JR 278 ROBINSON AVENUE 64/0612009 04/06/2013 NEWYORK NY 10312 DOL NYC JOHN O'SHEA 4350 BULLARD AVENUE 01/28/2008 01/2812013 BRONX NY 10466 DOL OOL ..... 5970 JOHN PREVETE FRAMING JOHN 320 RIDGE ROAD 03126/2008 03/26/2013 AND JOHN PREVETE PREVETE WEST MILFORD NJ 07480 FRAMING INC DOL DOL ..... 2701 JOHN SMYKLA AFFORDABLE 367 GREEVES ROAD 1010112010 10101/2015 PAINTING NEW HAMPTON NY 10958 PLUS DOL DOL JORGE OUVINA 344 SOUNDVIEW LANE 11/22/2011 11122/2016 COLLEGE POINT NY 11356 DOL DOL JOSE DOS SANTOS JR §5-08 60TH AVENUE 11/21/2008 1112112013 ELMHURST NY 11373 DOL DOL JOSE MONTAS 27 BUTLER PLACE 03/18/2011 03/18/2016 YONKERS NY 10710 DOL DOL JOSEPH CALICCHIA 1223 PARK STREET 09112/2007 09/12/2012 PEEKSKILL NY 10566 DOL DOL JOSEPH CASUCCl 6820 14TH AVENUE 10127/201 t 10/27/2016 BROOKLYN NY 11219 DOL DOL JOSEPH MONETTE C/O JOHN MONE~E 10/21/2009 10/21/2014 140 ARMSTRONG AVENUESYRACUSE NY 13209 DOL DOL ****'1763 JR RESTORATION & ROOFING 152-65 11TH AVENUE 05/22/2008 0512212013 INC WHITESTONE NY 11357 Page 5 of 10 NYSDOL Bureau of Public Work Debarment List 0212112012 Article $ DOL DOL JULIUS AND GITA BEHREND 5 EMES LANE 11/20/2002 11/20/3002 MONSEY NY 10952 DOL DOL *****9422 JUNKYARD CONSTRUCTION 2068 ANTHONY AVENUE 12/26/2007 12/26/2012 CORP. BRONX NY 10457 DOL DOL ****'3810 K M MARTELL 57 CROSS ROAD 66/25/2007 06/25/2012 CONSTRUCTION, INC. M~DDLETOWN NY 10940 DOL DOL K NELSON SACKOOR 16 JOY DRIVE 01/05/2010 01/05/2015 NEW HYDE PARK NY 11040 DOL NYC KAMIL OZTURK 3715 KINGS RVVY - STE 15 06/30/2010 06/30/2015 BROOKLYN NY 11234 DOL NYC KAZIMIERZ KONOPSKI 164 ASHLAND PLACE 03/06/2008 03/06/2013 BROOKLYN NY 11217 DOL NYC .... 4923 KELLY'S SHEET METAL, INC. 1426 ATLANTIC AVENUE 12/28/2007 01/14/2013 BROOKLYN NY 11216 DOL DOL KEMPTON MCINTOSH 8531 AVENUE B 12/16/2008 12/16/2013 BROOKLYN NY 11236 DOL DOL KEVIN MARTELL 57 CROSS ROAD 06/25/2007 06/25/2012 MIDDLETOWN NY 10940 DOL DOL ****'5941 KINGSVIEW ENTERPRISES 7 W FIRST STREET 01/14/2011 01/14/2016 INC P O BOX 2LAKEWOOD NY 14750 DOL DOL KRIS CLARKSON 2484 CATON ROAD 06/30/3007 06/20/2012 CORNING NY 14830 OOL DOL KRZYSZTOF PRXYBYL 2 TINA LANE 01/06/2012 01/06/2017 HOPEWELL JUNCTION NY 12533 DOL DOL *****0526 LAGUARDIA CONSTRUCTION 47-40 48TH STREET 0710112011 07/01/2016 CORP WOODSIDE NY 11377 DOL NYC ..... 8816 LAKE CONSTRUCTION AND 150 KINGS STREET 0811911908 08/1912998 DEVELOPMENT BROOKLYN NY 11231 CORPORATION DOL DOL .... *9628 LANCET ARCH INC 112 HUDSON AVENUE 02/14/2006 10119/2014 ROCHESTER NY 14605 DOL DOL LANCET SPECIALTY CIO CATENARY 10/19/2009 10/19/2014 CONTRACTING CORP CONSTRUCTION 112 HUDSON AVENUEROCHESTER NY 14605 DOL OOL LARRY FRANGOS 5752 WEST WEBB ROAD 0512112008 05121/2013 YOUNGSTOWN OH 44515 DOL DOL ****'7907 LEEMA EXCAVATING INC 140 ARMSTRONG AVENUE 10/21/2009 10/21/2014 SYRACUSE NY 13209 DOL AG ****'5102 LIBERTY TREE SERVICE, INC. 563 MUNCEY ROAD 07/14/2008 0711412013 WEST ISLIP NY 11795 DOL DOL *****8453 LINPHILL ELECTRICAL 523 SOUTH 10TH AVENUE 01/07/2011 01107/2016 CONTRACTORS INC MOUNT VERNON NY 10553 DOL DOL LINVAL BROWN 523 SOUTH 10TH AVENUE 01/07/2011 0110712016 MOUNT VERNON NY 10553 DOL DOL *****5953 LPD CONTRACTING INC 1205 MCBRIDE AVENUE 08/27/2007 08/27/2012 WEST PATTERSON NJ 07424 I DOL DOL ..... 5171 LUVIN CONSTRUCTION CORP P O BOX 357 03/15/2010 03115/2015 CARLE PLACE NY 11514 DOL DOL ..... 9688 M K PAINTING ~NC 4157 SEVENTH STREET 05114/2007 05/14/2012 WYANDOTT MI 48192 DOL DOL MANUEL ESTEVES 55 OLD TURNPIKE ROAD 02/04/2011 02104/2015 SUITE 612MANUET NY 10954 DOL NYC MANUEL P TOBIO 150 KINGS STREET 08/19/1998 0811912998 BROOKLYN NY 14444 DOL NYC MANUEL TOBIO 150 KINGS STREET 0811911998 08119/2998 BROOKLYN NY 11231 DOL DOL MARLO R ECHEVERRIA JR 588 MEACHAM AVE-SUITE 103 08/24/2010 0812412015 ELMONT NY 11003 DOL DOL MARK LINDSLEY 355 COUNTY ROUTE 8 08/08/2009 08114/2014 FULTON NY 13069 DOL DOL MASONRY CONSTRUCTION 220 FERRIS AVENUE 12/04/2009 1210412014 INC WHITE PLAINS NY 10603 DOL DOL MASONRY INDUSTRIES INC 220 FERRIS AVENUE 12/04/2009 12/04/2014~ WHITE PLAINS NY 10603 DOL DOL ..... 6826 MATSOS CONTRACTING 12-14 UTOPIA PARKWAY 02/10/2510 0211012015 CORPORATION WHITESTONE NY 11357 DOL AG *****9970 MAY CONSTRUCTION CO INC 700 SUMMER STREET 11/24/2009 1112412014 STAMFORD CT DOL DOL ..... 9857 MBL CONTRACTING 2620 ST RAYMOND AVENUE 0813012011 08/30/2016 CORPORATION BRONX NY 10461 DOL DOL MCI CONSTRUCTION INC 975 OLD MEDFORD AVENUE 08/24/2009 08/24/2014 FARMINGDALE NY 11738 Page 6 of 10 NYSDOL Bureau of Public Work Debarment List 02/21/20t2 Article $ DOL DOL ..... 5936 MCSI ADVANCED av 2085 BRIGHTON HENRIETTA 11/04/2010 11/04/2015 SOLUTIONS LLC TOWN LINE ROADROCHESTER NY 14623 DOL DOL ~**'4259 MERCANDO CONTRACTING 134 MURRAY AVENUE 12/11/2009 12/11/2014 CO ~NC YONKERS NY 10704 DOL DOL ..... 0327 MERCANDO INDUSTRIES LLC 134 MURRAY AVENUE 12/11/2009 12/11/2014 YONKERS NY 10704 DOL DOL MICHAEL HAYNES 211 BRUCE STREET 12/07/2011 12/07/2016 SYRACUSE NY 13224 DOL DOL MICHAEL L. KRIVITZA NORTHEAST 105 PINE STREET- APT 2 05/14/2007 05/14/2012 TECHNOLOGI EAST ROCHESTER NY 14445 ES DOL DOL MICHAEL STEVENS STEVENS 2458 EAST RIVER ROAD 01/23/2008 01/23/2013 TRUCKING CORTLAND NY 13045 DOL DOL *****0860 MICHAEL STEVENS STEVENS 2458 EAST RIVER ROAD 01/23/2D08 01/23/2013 TRUCKING CORTLAND NY 13045 DOL DOL MICHAEL TAYLOR 66 RYBKA ROAD 03/02/2007 0310212012 STUYVESANT FALLS NY 12174 DOL DOL *****2635 MIDLAND CON STRUCTION OF 13216 CALUMET AVENUE 11/10/2011 11/10/2016 CEDAR LAKE INC CEDAR LAKE IL 46303 DOL DOL ****'5517 MILLE NNIUM PAINTING INC 67 WARD ROAD 01/21/2011 9112112016 SALT POINT NY 12578 DOL DOL ..... 0818 MILLER SANDBLASTING AND 121 LINCOLN AVENUE 0212112006 02/21/2013 PAINTING ROCHESTER NY 14611 DOL NYC MOHAMMAD SELIM 73-12 357N AVE - APT F63 03/~412010 03/0412015 JACKSON HEIGHTS NY 11372 DOL DA MOHAMMED SALEEM 798 LYDIG AVENUE 08/18/2009 05/25/2015 BRONX NY 10462 DOL NYC *****2690 MONDOL CONSTRUCTION INC 11-27 30TH DRIVE 05/25/2011 05125/2016 LONG ISLAND CITY NY 11102 DOL DOL MORTON LEVITIN 3506 BAYFIELD BOULEVARD 08/30/2011 08/30/2016 OCEAN SIDE NY 11572 DOL DOL ..... 2357 MUNICIPAL MILLING & MIX-IN- 9091 ERIE ROAD 02/03/2011 02/0312016 PLACE ANGOLA NY 14006 DOL DOL ****'2251 MURDOUGH DEVELOPMENT 203 KELLY DRIVE 03/26/2008 03/26/2013 CO., INC. EAST AURORA NY 14052 DOL DA *****9642 MUTUAL OF AMERICAL 768 LYDIG AVENUE 08H 8/2009 05/25/2015 GENERAL CONSTRUCTION & BRONX NY 10462 MANAGEMENT CORP DOL DOL N PICCO AND SONS 154 EAST BOSTON POST 0811112009 08/11/2014 CONTRACTING INC ROAD MAMARONECK NY 10543 DOL DOL ..... 4133 NASDA ELECTRICAL 134-25 166 PLACE - #SE 08/0712008 08/07/2013 ENTERPRISES INC JAMAICA NY 11434 DOL DOL ..... 9445 NASDA ENTERPRISES INC 134-25 166 PLACE #5E 08/0712008 08/07/2013 JAMAICA NY 11434 DOL DOL NAT PICCO 154 EAST BOSTON POST 08/22/2009 08122/2014 ROAD MAMARONECK NY 10543 DOL DOL NICOLE SPELLMAN 2081 JACKSON AVENUE 06/03/2010 0610312015 COPIAGUE NY 11726 DOL DOL NIKOLAS PSAREAS 056 N WELLWOOD AVEISTE C 09101/2011 09/0112010 LINDENHURST NY 11757 DOL DOL ..... 9890 NOBLE CONSTRUCTION 23960 WHITE ROAD 02/14/2008 02/14/2013 WATERTOWN NY 13601 DOL DOL ..... 7771 NORTHEAST TECHNOLOGIES 105 PINE STREET APT, 2 05H 4/2007 05/14/2012 EAST ROCHESTER NY 14445 DOL DOL ..... 1833 NORTHEASTERN SUPREME 66 BENEDICT STREET 0310212007 0310212012 FLOOR CO.,INC CASTLETON NY 12033 DOL DOL ****'7041 NYCOM SERVICES CORP 80-12 ASTORIA BOULEVARD 1112212008 11/22/2013 EAST ELMHURST NY 11370 DOL DOL *****0797 O GLOBO CONSTRUCTION 85-06 6OTH AVENUE 11121/2008 11/21/2013 CORP ELMHURST NY 11373 DQL NYC OLIVER HOLGUIN 95-26 767N STREET 10/12/2011 10/12/2016 OZONE PARK NY 11416 DOL NYC ..... 3855 OT &TINC 36-28 23RD STREET 0111512008 0511412013 LONG ISLAND CIT? NY 11106 DOL NYC *****9833 PARADISE CONSTRUCTION 6814 8TH AVENUE 12/05/2007 1210512012 CORP BROOKLYN NY 11220 DOL DOL ..... 5229 PASCARELLA & SONS 459 EVERDALE AVENUE 01/1012010 0111012015 VVEST ISLIP NY 11759 DOL DOL PATRICK BURNS 19 E. CAYUGA STREET 05H512008 05/1512013 OSWEGO NY 13126 DOL DOL PATRICK SHAUGHNESSY 88 REDWOOD DRIVE 0511612008 05/16/2013 ROCHESTER NY 14617 DOL DOL PEDRO RINCON 131 MELROSE STREET 0310212010 03/02/2015 BROOKLYN NY 11206 Page 7 of 10 NYSDOL Bureau of Public Work Debarment List 02121120t2 Article 8 DOL DOL PETER J LANDI 249 MAIN STREET 10/05/2009 10/05/2014 EASTCHESTER NY 10709 DOL DOL .... 7229 PETER J LANDI INC 249 MAIN STREET 10/05/2D09 15/05/2014 EASTCHESTER NY 10709 DOL DOL .... '1136 PHOENIX ELECTRICIANS 540 BROADWAY 03/09/2010 03/39/2015 COMPANY INC P O BQX 22222ALBANY NY 12201 DOL DOL ****'5419 PINE VALLEY LANDSCAPE RR 1, BOX 285-B 08/27/2008 08/27/2013 CORP BUSKIRK NY 12028 DOL DOL PRECISION DEVELOPMENT 115 LEWIS STREET 05/12/2009 05112/2014 CORP YONKERS NY 10703 DOL BOL ..... 7914 PRECISION SITE 89 EDISON AVENUE 15/25/2011 10~6/3016 DEVELOPMENT INC MOUNT VERNON NY 10550 DOL DOL .... *9359 PRECISION STEEL ERECTORS P O BOX 949 09/02/2008 09~212013 INC BREW~RTON NY 13029 DOL DOL ..... 6895 PROLINE CONCRETE OF WNY 3090 SHIRLEY ROAD 0411912011 12/30/2016 INC NORTH COLLINS NY 14111 DOL DOL *****2326 PUTMAN CONSTRUCTION 29 PHYLLIS AVENUE 09/05/2008 09/05/2013 COMPANY OF WESTERN NY BUFFALO NY 14215 DOL DOL *****7438 R & H COMMERCIAL 102 W1LLOW AVENUE 06~20~2007 06/20/2012 FLOORING, INC. WATKINS GLEN NY 14891 DOL DOL ****'1596 R & T SUPREME SPORTS 66 RYBKA ROAD 03102/2007 05/62/2012 FLOOR[NG, LLC STUYVESANT FALLS NY 12174 DOL DOL ****'1629 R S CONSTRUCTION 571 MILES SQUARE ROAD 04104/2007 04/04/2012 COMPANY LLC YONKERS NY 10701 DOL DOL RAMON BONILLA 938 E 232ND STREET #2 05/25/2010 05/25/2015 BRONX NY 10466 DOL DOL *****7294 REDW~3OD FLOORING, INC. 88 REDWOOD DRIVE 05/16/2008 0511612013 ROCHESTER NY 14617 DOL NYC *****6978 RISlNGTECN INC 243-03 137TH AVENUE 02/25/2010 03/35/3015 ROSEDALE NY 11422 DOL DOL ROBBYE BISSESAR 8~51 SPRINGFIELD BLVD 01/1112003 01111/3003 QUEENS VILLAGE NY 11427 DOL DOL ROBERT DIMARSlCO 1233 WALT WHITMAN ROAD 04/29/2008 04/29/2013 MELVILLE NY 11747 DOL NYC ROBERT FICARELLI 120-30 28TH AVENUE 0111412011 01/14/2016 FLUSHING NY 11354 DOL DOL ROBERT O'HANLON 635 MIDLAND AVENUE 0710912007 07/09/2012 GARFIELD NJ 07026 DOL DOL ROBERT STEVENSON 571 MILES SQUARE ROAD 04/04/2007 04/0412012 YONKERS NY 10701 DOL DOL .... 1721 ~OBERTS CONSTRUCTION OF 5 SANGER AVENUE 01/28/2009 0112812014 UPSTATE NEW YORK INC NEW HARTFORD NY 13413 DOL DOL .... 3467 ROCKERS AND NOCKERS LLC 207 RIVERVlEW ROAD 1012312007 15/23/3012 REXFORD NY 12148 DOL DOL "~9025 ROJO MECHANICAL LLC 938 E 232ND STREET #2 05/25/2010 05/25/2015 BRONX NY 10466 DOL DOL RONALD R SAVOY CIO CNY P O BOX 250 1110612008 11/05/2013 MECHANICAL EAST SYRACUSE NY 13057 ASSQClATES INC BOL DOL ROSARIO CARRUBBA 5755 NEWHOUSE ROAD 1011012007 1011012012 EAST AMHERST NY 14051 BOL DOL *****5905 ROSE PAINTING CORP 222 GAINSBORO AVENUE 0511012010 0511012015 EAST WEST HARRISON NY 10604 DOL NYC ROSS J HOLLAND 120~30 28TH AVENUE 01/14/2811 01/14/2016 FLUSHING NY 11354 DOL DOL RUSSELL TUPPER 8346 BREWERTON ROAD 0710612007 07/06/2012 CICERO NY 13039 DOL DOL RUTH H suProN 939 GROVESIDE ROAD 05/27/2008 08127/2013 BUSKIRK NY 12028 DOL DOL S & M CONTRACTING LLC 30 MIDLAND AVENUE 11/05/2010 11105/2015 WALLINGTON NJ 07057 DOL DOL ..... 2585 S B WATERPROOFING INC SUITE #3R 11/04/2009 1110412014 2167 CONEY ISLAND AVENUEBROOKLYN NY 11223 DOL DOL .... *9066 SAMAR PAINTING & 137 E MAIN STREET 12/0112008 12/01/3013 DECORATING INC ELMSFORD NY 10523 DOL NYC *****0987 SCHWARTZ ELECTRIC 89 WALKER STREET 01/04/2008 01/O4/3013 CONTRACTORS INC NEW YORK NY 10013 DOL OOL ..... 6348 SEABURY ENTERPRISES LLC 22562 SEA BASS DRIVE 15/15/2007 10110/301~-- BOCA RATON FL 33428 DOL NYC .... *4020 SERVI-TEK ELEVATOR CORP 2546 EAST TREMONT AVENUE 05/04/2009 06~4/2014 BRONX NY 10451 Page 8 of 10 NYSDOL Bureau of Public Work Debarment List 02121/2012 Article 8 DOL NYC ..... 8252 SEVERN TRENT 16337 PARK ROW 06/12/2007 06/12/2012 ENVIRONMENTAL SERVICES HOUSTON TX 77084 INC DOL NYC SHAFIQUL ISLAM 11-27 30TH DRIVE 05/25/2011 05/25/3016 LONG iSLAND CITY NY 11102 BOL DOL SHAIKF YOUSUF CIO INDUS GENERAL CONST 04/28/2010 04/2812015 33-04 91 ST STREET JACKSON HEIGHTS NY 11372 DOL DOL *****0256 SIERRA ERECTORS ~NC 79 MADISON AVE - FL 17 04/16/2009 04116/2014 NEWYORK NY 10016 DOL DOL ****'0415 SIGNAL CON STRUCTION LLC 199 GRIDER STREET 11/14/2006 02/25/'2015 BUFFALO NY 14215 DOL DOL "**'8469 SIGNATURE PAVING AND P O BOX 772 0811312010 08113/2015 SEALCOATING JAMESTOWN NY 14701 DOL DOL *****8469 SIGNATURE SEALCOATING 345 LIVINGSTON AVENUE 04~)4/2007 08113/2015 AND STRIPING SERVICE P O BOX 772JAMESTOWN NY 14702 DOL DOL *****0667 SNEEM CONSTRUCTION INC 43-22 42ND STREET 07~1/2011 07/0112016 SUNNYSlDE NY 11104 DOL DOL SPASOJE DOBRIC 61 WILLET STREET- SUITE 07/09/2010 07f0912015 PASSAIC NJ 07055 DOL DOL ..... 3539 SPOTLESS CONTRACTING IMPACT 44 THIELLS~MT IVY ROAD 10/14/2011 10/14/3016 iNDUSTRIAL POMONA NY 10970 SERVICES INC DOL DOL ..... 3496 STAR INTERNATIONAL INC 89-51 SPRINGFIELD BLVD 08/11/2003 08/11/3003 QUEENS VILLAGE NY 11427 DOL NYC ..... 6650 START ELEVATOR 4350 BULLARD AVENUE 0112812008 91/28/2013 CONSTRUCTION, INC. BRONX NY 10466 DOL NYC *****3896 START ELEVATOR 4350 BULLARD AVENUE 01/38/2008 01/28/2013 MAINTENANCE, INC. BRONX NY 10466 DOL NYC ****'1216 START ELEVATOR REPAIR, 4350 BULLARD AVENUE 0112812008 01/28/2013 INC. BRONX NY 10466 DOL NYC ****'2101 START ELEVATOR, INC. 4350 BULLARD AVENUE 91/38/3008 01128/3013 BRONX NY 10466 DOL DOL STEED GENERAL 1445 COMMERCE AVENUE 10/09/2007 1010912012 CONTRACTORS INC BRONX NY 10461 DOL DOL STEFANIE MCKENNA 30 MIDLAND AVENUE 11/05/2010 11/0512018 WALLINGTON NJ 07057 DOL DOL STEPHEN BALZER 34-08 PARKWAY DRIVE 07/01/2008 07/0112013 BALDWIN NY 11510 DOL DOL STEVE PAPASTEFANOU 1445 COMMERCE AVENUE 10/09/2007 10/~9/2012 BRONX NY 10461 DOL OOL STEVEN CONKLIN 60 COLONIAL ROAD 02115/2011 0211512016 STILLWATER NY 12170 DOL DOL *~**'4081 STS CONSTRUCTION OF WNY 893 EAGLE STREET 06~09~2009 0610912014 BUFFALO NY 14210 DOL DOL *****5966 SUPREME SPORT SURFACES 66 BENEDICT STREET 03/0212007 03/02/2012 INC. CASTLETON NY 12033 DOL DOL *****2036 SURACI ENTERPRISES INC 364 BLEAKER ROAD 10/25/2007 10/25/2012 ROCHESTER NY 14609 DOL DOL *****4293 THE J OUVINA GROUP LLC 344 SOUNDVIEW LANE 11122/3011 1112212016 COLLEGE POINT NY 11356 DOL DOL THEODORE F FAULKS 18 FIREWEED TRAIL 06/10/2008 06/10/2013 HILTON NY 14468 DOL DOL THOMAS ASCHMONEIT 79 MADISON AVENUE - FL 17 04/t 6/2009 04/1612014 NEW YORK NY 10016 DOL DOL THOMAS DEMARTINO 158-11 96TH STREET 06/35/2009 06/25/2014 HOWARD BEACH NY 11414 DOL DOL THOMAS GORMALLY 250 KNEELAND AVENUE 07/0912007 07/09/2012 YONKERS NY 10705 DOL DOL THOMAS TERRANOVA 13 NEW ROAD/SUiTE 1 11/15/3010 11/15/2015 NEWBURGH NY 12550 DOL NYC TIMOTHY O'SULLIVAN C/O SNEEM CONSTRUCTION 07/01/2011 07101/2016 4322 42ND STREETSUNNYSIDE NY 11104 DOL DOL TIMOTHY P SUCH 893 EAGLE STREET 06109/2009 06/09/2014 BUFFALO NY 14210 DOL DOL TNT DEMOLITION AND 355 COUNTY ROUTE 8 08/08/2009 08119/3014 ENVIRONMENTAL INC FULTON NY 13069 DOL DOL ****'3315 TOTAL DOOR SUPPLY & 16 JOY DRIVE 0110512010 0110512915 INSTALLATION INC NEW HYDE PPARK NY 11040 DOL DOL ****'3315 TOTAL DOOR SUPPLY & 16 JOY DRIVE 0110512010 0110512015 INSTALLATION INC NEW HYDE PPARK NY 11040 DOL DOL *****2357 TRAC CONSTRUCTION INC MUNICIPAL 9091 ERIE ROAD 02/0312011 02/03/2016 MILLING & MIX ANGOLA NY 14000 IN- PLACE Page 9 of 10 NYSDOL Bureau of Public Work Debarment List 02/2112012 Article 8 DOL DOL TRI STATE TRUCKING INC 140 ARMSTRONG AVENUE 10/21/2009 10/2112014 SYRACUSE NY 13209 DOL DOL ****'5213 TRIAD PAINTING CO INC 856 N WELLWOOD AVE/STE C 09/01/2011 09/01/2016 LINDENHURST NY 11757 DOL DOL *****4294 TWT CONSTRUCTION 13 NEW ROAD/SUITE I 11/15/2010 11/15/2015 COMPANY ~NC NEWBURGH NY 12550 DOL NYC *""5184 UDDiN USA CORP 663 DEGRAW STREET 65/17/2007 05/17/2012 BROOKLYN NY 11217 DOL DOL ULIANO AND SONS INC 22 GRIFFEN COURT 10/26/2010 10/26/2015 MILLER PLACE NY 11746 DOL DOL ..... 8663 URBAN-SUBURBAN 3 LUCON DRIVE 0612012007 0612012012 RECREATION INC DEER PARK NY 11728 DOL DOL ..... 0854 VANESSA CONSTRUCTION 588 MEACHAM AVE/STE 103 08/24/2010 08/2412015 INC ELMONT NY 11003 DOL DOL VIRGINIA L CAPONE 137 E MAIN STREET 12/01/2008 12~)1/2013 ELMSFORO NY 10523 DOL NYC *****9936 VISHAL CONSTRUCTION INC 73-12 35TH AVE - APT F63 03/04/2010 63~4/2015 JACKSON HEIGHTS NY 11272 DOL DOL *****0329 WET PAINT CO. OF OSWEGO, 19 E. CAYUGA STREET 05/15/2008 05115/2013 INC OSWEGO NY 13126 DOL DOL WHITE PLAINS CARPENTRY 220 FERRIS AVENUE 12/04/2009 12104/2014 CORP WHITE PLAINS NY 10603 DOL DOL WILLIAM PUTNAM 50 RIDGE ROAD 0910312008 09103/2013 BUFFALO NY 14215 DOL DOL W1LLIAM SCRIVENS 30 MIDLAND AVENUE 11/05/2010 11~)5/2015 WALLINGTON NJ 07057 DOL DOL WILLIAM W FARMER JR 112 HUDSON AVENUE 10/19/2009 10/19/2014 ROCHESTER NY 14605 DOL NYC .... 5498 XAVIER CONTRACTING LLC 68 GAYLORD ROAD 02/10/2011 02/1012016 SCARSDALE NY 10583 DOL AG YULY ARONSON 700 SUMMER STREET 11/24/2089 11/24/2014 STAMFORD CT DOL DO[ ZEPHENIAH DAVIS 2068 ANTHONY AVENUE 12/2612007 12f26/2012 BRONX NY 10457 Page t0 ofl0 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: (Bidder) It intends to use the following listed construction trades in the work under the contract .; and, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: .; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) Long Creek Drainage Retrofit Projects F-1 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: Signature: SURETY COMPANY (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) will execute (Surety Company) the Surety Bonds as herein-before provided. Signed: Date: Authorized Official, Agent or Attorney IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Long Creek Drainage Retrofit Projects G-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title Bt Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name~ address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and lot the prompt payment of labor and material furnished in the prosecution thereof, or in the f~vent of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Oblig~e the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) (Principal) (Seal) (Title) (Surety) (Seal) (Witness) (Title) AIA DOCUMENT A31B · BID BOND * AIA ~ · FEBRUARY 1970 ED * THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and, as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. WARNING: Unlicensed photocopying violates U.S. copyright lav*s and is subject to legal prosecution. PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with ~ts terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion ~ess the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Ahy suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. Sisned and sealed this day of 19 tWilnos~) AIA DOCUMENT A.111 · I~RFORMANCE BOND AND LABOR AND MATERIAL PAYMENI' BOND · AIA ~ FEBRUARY Iq70 E(). · THE AMERICAN INSTITUTE ()F ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 2 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS that for (Contractor) and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (dollars) (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: or supplements thereto. ,20__ and any admittance IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its hereto affixed and duly attested by and its corporate seal to be its this day of ,20 __ Attest: Principal: Long Creek Drainage Retrofit Projects H-1 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Long Creek Drainage Retrofit Projects I-1 The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted bythe Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Long Creek Drainage Retrofit Projects I-2 FORM OF MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That We, (hereinafter called the Principal) as Principal and the ,c Corporation with an office and place of business for the State of New Your at the Surety), as Surety, are held and firmly bound unto the , New York, (hereinafter called (hereinafter called the Oblige), as Oblige in the sum of ($. .). DOLLARS, lawful money of the United States of America, for the payment whereof the Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this day of ,20 WHEREAS, the Principal heretofore entered into a written contract with the Oblige for WHEREAS, said Contract provides that the Principal shall guarantee Long Creek Drainage Retrofit Projects 3-1 NOW, THEREFORE, the condition of this obligation is such, that if the above Principal shall indemnify the Oblige against loss by reason of his failure to make good at his own expense any defects or deficiencies in materials or workmanship which may appear in the work under said contract with the pedod of year (s) from the date of acceptance of the work, then this obligation shall be void; otherwise to remain in full force and effect. Principal BY: BY: STATE OF ) COUNTY OF .) SS: On this day of 20 before me personally appeared the within named to me known, and known to me to be individual described in and who executed the within bond, and acknowledged to me that he (HAS/HAS NOT) (HAS/HAS NOT) executed the same. the NOTARY PUBLIC Long Creek Drainage Retrofit Projects 3-2 T H E A M E R I C A N I N S T ! T U T E 0 F A R C H i T E C T A1A Document A201 General Conditions of the Contract · for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES,. CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the A~sociated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, © 1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C,, 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AUk violates the copyright laws of the United States and will be subject to legal prosecutions CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AUk DO~II~ENT ~.01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AiA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to !egai prosecution. A201-1987 I INDEX Acceptance of Nonconforming Work ......... ~9.6.6, 9.9.3, 12.3 Acceptance of Work ........... 9.6.6,9.8,2,9.9.3,9.10.1,9.10.3 ACCeSs to Work ........................... 3.18,6.2,1, 12,1 Accident Prevention ..............................4.2.3, 10 Acts and Omissions ... 3.2.1,3.2.2, 3.3.2, 3.12.8, 3.18, 4.2,3, 4,3,2, Additional Cost, Claims for ........ 4,3.6~ 4.3.7, 4.3.9, 6.1.1, 10.3 Additional Inspections and Tesfing ....... 4.2.6, 9.8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4,3.6,4.3.8,4.3.9,8.3,2 ADMINISTRATION OF THE CONTRACT ...... 3.3.3,4,9.4,9.5 Advertisement or Invitation to Bid .................... l.l.I Aesthetic Effect ............................... 4.2.13,4,5.1 AIIowancaa ........................................ 3.8 All-risk Insurance ................................. 11.3.1.1 Appllcatlona for Payment .. 4.2.5,7.3.7,9.2, g.3,9.4,9.5.i,9.6.3, Approvals 2.4, 33.3, 3.5, 3.10.2, 3.12.4 through 3.12,8, 318.3, Arbitration ................... 4.1.4, 4.3.2, 4.3.4, 4.4.4, 4.8, Architect ....................................... 4.1 Architect, Definition of .......................... 4.1.1 Architect, Extent o f Authority ........ 24,3.12,6,42,4.3.2,4.3.6, Architect, Limitations of Authority and Responsibility , 3.3.3,3.12.8, Architect's Additional Services and Expenses ......... 2.4,9.8.2, Architect's Administration of the Contract ......... 4.2,4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Approvals 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 Architect's Authority to Reject Work .... 3.5.1,4.2.6, 12.1.2, 12.2,1 Architect's Copyright ................................ 1.3 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 Interpretations ................. 4.2.11,4,2,12,4.3.7 Architect's On-Site ObservaOons ........ 4.2.2,4.2.5,4.3.6,9.4,2, Architect's Project Representative ................... 4.2.10 Architect's Relationship with Cont factor ....... 1.1.2,3.2.1,3.2.2, Archit ect's Relationship wit h Subcontractors .... 1.1.2,4.2.3,4.2,4, Architect's Representations ................. 9.4.2, 9.5 l, 9.10. I Architect's Site Visits ........ 4.2.2, 4.2.5, 4.2.9, 4.3.6, 9.4.2, 9,5,1, Asbestos .......................................... 10.1 Attorneys' Fees ........................ 3,18,1,9.10.2, 10.1.4 Award of Separate Contracts ........................... 6,1.1 Award of Subcontracts and Other Contracta for Portions of the Work ............................. 5.2 Beslc Definitions ................................... 1.1 Boiler and Machinery Insurance .................. 11.3.2 Bonds, Lien .................................... 9.10.2 BonOs, Per formance and Payment ..... 7.3.6.4,9.10.3,11.3.9,11.4 Building Permit .................................... 3,7. l Capitalization ....................................... 1.4 Cer fificate o f Substantial Completion .................... 9.8.2 Cerliflcata$ for Payment ....... 4,2.5,4.2,9,9.3.3,8.4,9.5,9.6.1, Certificates of Inspection, Testing or Approval .... 3.12.11, 13.5.4 CerOficates of Insurance ................. 9.3.2,9.102, 11.1.3 Change Orders ...... 1.1.1,2.4.1,3 8.2.4, 3. l 1, 4.2.8, 4.3.3, 5.2.3, Change Orders, Definition of .......................... 7.2.1 Changes .......................................... 7.1 CHANGES IN THE WORK .... 3.11,4.2.8,7,8.3.1,9.3.1.], 10.1.3 Claim, Definition of ................................. 4.3.1 Clalma and Dlsputaa ................ 4.3, 4.4, 4.5, 6.2.5, 8.3.2, Claims and Timely Assertion of CMIma ................ 4.5.6 Claims for Additional Coat ........ 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Clalma for Additional Time ............ 4.3.6,4.3.8,4.39,8.3.2 Claims for Concealed or Unknown Conditions ........... 4.3.6 Claims for Damages...3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1,2, 10.1.4 Claims Subject to Arbit ration ................. 4.3 2, 4.4.4, 4.5.1 Cleaning Up ................................... 3.15,6.3 Commencement of Statutory Limitation Pedod ......... 13.7 Commencement of the Work, Conditions Relating to ....... 2.1.2, Commencement of the Work, Definition of ............... 8.1.2 Communications FacilitaOng Contract Administration ........................ 3,9.1,4.2.4,5.2.1 Comple fion, Conditions Relating to ....... 3.11,3,15,4.2.2,4.2.9, COMPLETION, PAYMENTS AND .........................9 Completion, Substantial ......... 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, Compliance with Laws ...... 1.3, 3.6, 3.7, 3.13, 4.lA, 10,2.2, 11.1, Concealed or Unknown Conditions ..................... 4.3.6 Conditions o f t he Contract .................. 1.1.1,1.1.7,6,1.1 Consent, Written .................. 1.3.1, 3.12.8, 3.14.2, 4A.2, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4,6 Construction Change Directive, Definition o f .............. 7.3.l Construction Schedules, Contractor's ............... 3,10,6.1.3 Contingent Aeslgnment of Subcontracts .............. 5.4 Continuing Contract Performance .................. 4.3.4 Contract, Definition of ............................... 1.12 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.7,5.4.1.1,14 Cont tact Administ ration .................... 3.3.3,4,9.4,95 Contract Award and Execution, Conditions Relating to ...... 3.7.1, Contract Documenta, The ...................... 1.1, 1.2,7 Contract Documents, Copies Furnished and Use of.. I 3, 2.2.5, 5.3 Contract Documents, Definition o f ..................... 1.11 Cont tact Per formance During Arbit ration ........... 4.3.4,4,53 Contract Sum ................... 3.8,4.3.6,4.3.7,4.4,4,5.2.3, Contract Sum, Definition of ........................9.1 Contract Time ............ 4.3.6, 4.3.8, 4.4.4, 7.2.1.3, 7.3, Cont tact Time, Definition of ..................... 8.1.1 2 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTKACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©I987THEAMERICANlNSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, NW,WASHINGTON, D C.20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CONTRACTOR ................................... 3 Contractor, Definition o f .......... , ............. 3.1,6.1.2 Contractor's Bid ............................. Contractor's Construction Schedules ............. 3.10,6.1.3 Contractor's Employees ....... 3.3.2, 3.4.2, 3.8.1,3.9, 3.18, 4.2.3, Contractor's Liability Insurance .................... 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6, 3.12.5, 3.14.2, 4.2~4, 6, 12.2.5 Contractor's Relationship wit h Subcont factors ....... 1.2.4,3.3.2, Cont factor's Relationship with the Architect .... 1.1.2,3.2.1,3.2.2, Contractor's Responsibility for Those Performing the Work .......... 3.3.2, 3.18, 4.23, IS Contractor's Review of Contract Documents ..... 1.2.2, 32, 3,7.3 Contractor's Right to Stop the Work ................... 9.7 Contractor's Right to Terminate the Contract 141 Contractor's Superintendent 39, 10.2.6 Contractor's Supervision and Construction Procedures ..... 124, 3.3, 3.4, 4,23, 82.2, 8.2.3, 10 Contractual Liability Insurance ......... I 1.1.1.7, 11.2.1 Coordination and Correlation ............. 1.2.2,1.2.4,3.31, Copies Furnished of Drawings and Specifications . . . 1.3,2.2.5,3.11 Correction of Work ................ 2.3,2.4,4.2.1,9,8,2, Cost, Definition of ......................... 7.3.6, 14,3.5 Costs .... 2.4, 3.2.1,3.7.4, 3.8.2, 3.152, 4.3.6, 4.3.7, 4.3.8.1, 5.2.3, CuUing end Patching ........................... 3.14, 6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, Damage to the Work ..... 3.14.2,9.9.1, 10.2.1.2, 10,2.5, 10.3, 11.3 Damages, Claims for.. 3.18, 4.3.9, 6.1.1,6,2,5, 8.3.2, 9.5.1.2, 10.1.4 Damages for Delay ................... 6,1,1,8.3.3,9.5.1.6,9.7 Date of Commencement of the Work, Definition of ...... 8.12 Date of Substantial Completion, Definition o f .......... 8.1.3 Day, Definition of ............................. 8.14 Decisions of the Architect ...... 4.26, 427, 4.2.11,4.2.12, 4.2.13, Decisions to Withhold Certification ..... 9.5, 9.7, 14 1.1.3 Defective or Nonconforming Work, Acceptance, RejecOon and Correction of .......... 2.3,2.4,3.5.1,4.2.1, Defective Work, Definition o f ................. 3.5.1 Dslsys end Extensions of Time ........ 4.3 l, 4,3,8A, 4.3.8.2, Disputes ........... 4.1.4, 4.3, 4.4, 4,5, 6.2.5, 6.3, 73.8, 9,3.1 Documents and Samples at the Site .................. 3.11 Drawings, Definition of ..................... 1.1.5 Drawings and Specifications, Use and Ownership of I 11, 1.3, 2.2.5,311,53 Duty to Review Contract Docunaents and Field Conditions 3.2 EffectiveDateoflnsurance 82.2, 1112 Emergencies ................................. 4.3.7,10.3 Employees, Contractor's ......... 3.3.2, 3.4.2, 3.8.1,3.9, 3.18.1, Equipment, Labor, Materials and ......... 1.1.3,1.1.6,3,4,3.5.1, Execution and Progress of the Work ...... 1.1.3, 1.23, 3.2, 3,4.1, ExecuUon, Correlation end Intent of the Contract Documents ..................... 1.2, 3.7.1 Extensions of Time ............. 4.3.1,4.3.8,7.2,1.3,8.3,10,3.1 Failure 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 Flnsi Payment ........ 4.2.1,4.2.9,4.3.2, Financial Arrangements, Owner's ................... 22.1 Fire and Extended Coverage Insurance ............. 11.3 GENERAL PROVISIONS ........................ 1 Governing Law ............................. 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials 10.1, 10,24 ldenOfication of Contract Documents ............ 1.2.l Identification of Subcontractors and Suppliers ......... 5.2.1 Information and Services Required of the Owner ..... 2.1.2,2.2, Injury or Damage to Person or Property ............. 4.3,9 Inspections ......................... 3.3.3,3.3.4,3.7.1,4,2.2, Instructions to Bidders ............................... 1,11 Instructions to the Contractor .... 3.8.1,4.2.8, 5.2.1,7, 12.1, 13.5.2 Insurance ....... 4.3,9.6.1.1,7.3.6.4,9.3.2,9.8.2,991,9.10.2, 11 Insurance, Boiler and Machinery .................. 11.3.2 Insurance, Contractor's Uabillty .................... 11.1 Insurance, Effective Date of .................... 8.2.2, 1 ].1.2 Insurance, Loss of Use .......................... 11.3.3 Insurance, Owner's Liability ......................... 11.2 Insurance, Property ..................... 10.2.5,11.3 Insurance, Stored Materials ............... 9.3.2, 11.3.1.4 INSURANCE AND BONDS ........................ 11 Insurance Companies, Consent to Partial Occupancy .. 9.9. I, 11.3. l l Insurance Companies, Settlement with ......... 11.3. I 0 Intent of the Contract Documents 1.2.3, 3.124, 4.2.6, 4.2.7, 4.2.12, 42.13, 7.4 interest .......................... 13.6 Interpretations, Written ......... 4211,4.212,4.37 Joinder and Consolidation o f Claims Required .......... 4.5.6 Judgment on Final Award ............. 4.5.1,4.5.4.1,4.$.7 Labor and Materials, Equipment .... 1.1.3, 1.1.6,3.4,3.5.1,3.8.2, 4.2.7, 6.21, 73.6, 93.2, 9.3.3, 122.4, 14 Labor Disputes 8.3.1 Liens ................ 2.1.2, 4.3.2, 4.3.5.1,8.22, 93.3, 9.10.2 Limitation on Consolidation or Jolnder 4.5.5 Limitations, Statutesof 454.2, 12.2.6, 13.7 Limitations of Authority 33.1,41.2,42.1, 423, 427, 4.2.10, 52.2, 5.2.4,7.4, ll.3.10 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * © 1987 THE AMERICAN iNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, DC 20006 WARNING: Unlicensed photocopying violates U.S. copyrMht laws and is subject to le;lal prosecution. A201-1987 3 Limitations of Time, General .......... 2.2.l,2.2.4,3.2.1,3.7.3, Limitations o f Tim e, Specific ........ 2.1.2,2.2.1,2.4,3,10,3.11, Loss of Use Insurance ......................... 11.3.3 Materials, Hazardous ....................... 10.1, 10.2.4 Materials, Labor, Equipment and ..... 1.1.3,1.1,6,3,4,3.5.1,3.8.2, Means, Methods, Techniques, Sequences and Procedures of Construction ....... 3.3.1,4.2.3,4.27,9.4.2 Minor Changes in the Work ......... l.1.1,4.2.8, 4.3.7, 7.1, ?.4 MISCELLANEOUS PROVISIONS ..................... 13 Modifications, Definition of ....................... 1.1.1 Mutual Responsibility ............................... 6.2 Nonconforming Work, Acceptance of ................. 12.3 Nonconforming Work, Rejection and Correction of ........ 2.3.1, Notice ............ 2.3, 2.4, 3.2.1,3.2.2, 3,7.3, 3.7.4, 3.9, 3.12.8, Notice, WHtten ............... 2.3,2.4,3.9,3.12,8,3.12.9,4.3, Notice of Testing and Inspections ................ 13.5.1, 13.5.2 Notice to Proceed ................................ 8.2.2 Notices, Permits, Fees and ...... 2.2.3,3.7,3.13,7.3.6.4,10.2.2 ObserYations, 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, ll.3.11 On-Site Inspections by the Architect ......... 4.2.2,4.2.9,4.3.6, On-Site Observa0ons by the Architect ........ 4.2~2, 4.2.5, 4.3.6, Orders, Written ....... 2.3, 3.9, 43.7, 7, 8.2.2, 11.3.9, 12.1, OWNER ........................................... 2 Owner, Definition of ................................ 2.1 Owner, Information and Services Required of the ........ 2.1.2, Owner's Authority ......... 3.8.1, 4,1.3, 4.2.9, 5.2.1, 5.2,4, 5.4.1, Owner's Financial Capability ................. 2.2.1, 14.1.1.5 Owner's Llabl6ty Insu fence .......................... 11.2 Owner's LOSS of Use Insurance ....................... 11.3.3 Owner's Relationship with Subcontractors ............ 1.1.2, Owner's Right to Carry Out the Work 24, 12.2.4, 142.2.2 Owner's Right to Clesn Up ............... 6.3 Owner's Right to Perlorm Construction and to Award Separate Contracts ...................... 6.1 Owner's Right to Stop the Work .............. 2.3,4.5.7 Owner's Right to Suspend the Work ................... I4.3 Owner's Right to Terminate the Contract ................. 142 Owrtership and Use of Architect's Drawings, Specifications and Other Documents ............... 1.1.1,1.3,2.25,5.3 Partial Occupancy or Use ................ 9.6.6, 9.9, 11.3. l 1 Patching, CuRing end .................... 3.14, 6.2.6 Patents, Royalties and .......................... 3.17 Payment, Applications for ................ 4.2.5,9.2,9.3,9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 Payment, Certificates for ........... 4.2.5,4.29,9.3.3,9.4,9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 137, 14.1.1.3, 14.2.4 Payment, Failure of ..................... 43.7,9.5.1.3, 9.?, 9.10.2, 14.1.1.3, 142.1.2 Payment, Final ............ 4.2.1,42.9,432, 4.3.5, 9.10, 11.1.2, 11.13, 113.5~ 12.3.1 Payment Bond, Performance Bond and ........... 7.3.6.4, 9.10.3, Il 3.9, 11.4 Payments, Progress ....................... 4.3,4, 9.3, 9;6, 9.8.3, 9.10.3, 136, 14.2.3 PAYMENTS AND COMPLETION ................ 9, 14 Payments to Subcontractors ......... 542,9.51.3, 9.6.2, 9.6.3, 9.64, 11.38, 1421.2 PCB 10.1 Per formance Bond and Payment Bond .......... 7.36.4, 9.10.3, 11.3.9, 11.4 Permits, Fees and Notices ...... 2.2.3,3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlorinated Bipheny] ....................... 10.I Product Data, Definition o f .......................... 3.12.2 Product Data and Samples, Shop Drawings 311,3.12,4.2.7 Progress and Completion ................ 4.2.2,4.3.4,8.2 Progress Payments ........................ 43.4,9.3, 9.6, 9.8.3, 910.3, 13.6, 14.2.3 Project, Definition of the ........................... 1.1.4 Project Manuel, Definition o f the ...................... 1.1.7 Project Manuals ............................. 2.2.5 Project Representatives ........................... 4.2.10 Propa~/Insurance ........................ 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY ............ 10 Regulations and Laws ............ 1.3, 3.6, 3.7,313, 4.1.1,4.5.5, 4.5.7, I0.2.2, 11.I, 113, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 Rejection of Work ..................... 3.5.1,4.26, 12 .~ Releases o f Waivers and Liens ................ 9.102 Representations ....................... 1.22,35.1,3.12.7, 6.2.2, 8.2.1, 93.3, 9.42, 9.5.1, 9.8~2, 9.101 Representatives. ~ ...................... 2.1.1,31.1,3.9, 4,1.1, 42.1, 4.2,10, 5.1.I, 5.1.2, 132.1 Resolution of Claims and Disputes ................. 4.4,4.5 Responsibility for Those Performing the Work ....... 3.32, 4.2.3, 6.13, 62, 10 Retainage ............... 9~3.1,9.62, 9.8.3, 99.1,9.10.2, 910.3 Review of Contract Documents and Field Condltlorm by Contractor ............ 1.2.2,3.2,3.7.3,3.12.7 Review of Contractor's Submittals by Owner and Architect ............. 3.10.1, 3.10.2, 3.11,3.12, 4.2.7, 4.2,9, 5.21, 5.2.3, 9.2, 9~8.2 Review of Shop Drawings, Product Data and Samples by Cont rector ....................... 3.12.5 Rights and Remedies ......... 1.1.2, 2.3, 2.4, 3.51,3.15.2, 4.2.6, 4.3.6, 4.5, 5.3, 61, 63, 731, 8.3.1, 9.5.1, 9.7, 10.2.5, 10.3, 122.2, 12.2.4, 13.4, 14 Royalties and Patents ............ 3.17 4 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS= 1735 NEW YORK AVENUE, N W, WASHINGTON, D.C 20006 WARNING: Unlicensed photocopying violates U.S. copyright Jaws and is subject to le;lal prosecution. Rules and Notices for Arbitration ..................... 4.5.2 Safety of Persons and Property ................... 10.2 Safety Precautions and programs ........ 42.3,4.2.7,10.1 Samples, Definition o1 ........................ 312.3 Samplea, ShopOrawlngs, Product Data and ... 3.11.3.12,4.2,7 Samples at the Site, Documents and .................. 3.11 Schedule of Values ........................ 9.2,9.3.1 Schedules, Construction ........................... 3.10 Separate Contracts and Contractors ........ 1A.4, 3.14.2, 4.2.4, 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, 61.1,6.21 Site Inspections ... 12.2, 3.34, 4.2.2, 4.29, 4.3.6, 9.8.2, 9.10.1, 13.5 Site Visits, Architect's .............. 4.2.2,4.25,429,4.3.6, 9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing .......... 4.2.6, 12.2.1,135 Specifications, Definition o f t he .................... 1.1.6 Statutes of Limitations .............. 4.5.4.2, 12.2.6, 13.7 Stoppingthe Work ........ 2.3, 4.3.7, 9.7, 10.1.2, 10.3, 14.1 StoredMatefials ...... 621,9.3.2, 10.2.12, 11.3.1.4, 12.2.4 Subcontractor, Definition of 5.1 1 SUBCONTRACTORS ...................... 5 Subcontractors, Work by ........ 12.4,3.3.2,3.12.1, 4.2.3, 5.3, 5.4 Sub¢ontra¢tual Ralaflona .......... 5.6, 5.4, 9.31.2, 9.6.2, Subrogation, Waivers of ............... 6.1.1, 11.3.5,11.3.7 Substantial Completion ........... 4.2.9,4.3.5.2,8.1.1,8.1.3, Substantial Completion, Definition o f .................. 9.8.1 Substit ution o f Subcontract ors ............... 5.2.3, 5.2.4 Substitution o f the Architect ...................... 4,1.3 Substitutions o f Materials ......................... 3.5.1 Sub-subcontract or, Definition o f ..................... 5.1.2 Subsurface Conditions ........................... 4.3,6 Successors and Assigns ......................... 13.2 Superintendent .............................. 3.9, 10.2.6 Supervision and Construction Procedures ...... 1.2.4, 3.3, 3.4, Surety ........ 4.4 1,4 4A, 5.4 1.2, 9A0.2, 9.10.3, 14.2.2 Surety, Consent of 99.1,9.10.2,9.10.3 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, 14 Taxes 3.6, 7.3.6.4 Termination by the Contractor ...................... 14.1 Termination by the Owner for Cause ............ 5.4.1.1,14.2 Termination o f the Architect .................... 4.1.3 Termination o f the Contractor .................... 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Tests and Inspections 3.3.3,4.2.6,4.2.9,9.4.2,12.2.1,13.5 TIME ........................................... 8 Time, Delays and Extensions of ............. 4.3.8,7.2.1,8.3 Time Limits on Claims 4.3.2,4.3.3,4.3.6,4,3,9,4.4,4.5 Title to Work .............................. 9.3.2,9.3.3 UNCOVERING AND CORRECTION OF WORK ............. 12 Uncovering of Work ......................... 12.1 Unit Prices 7.1.4, 7~3.3 2 Use of Documents ......... 1.1.1, 1.3, 2.2.5, 3.12,7, 5.3 Use of Site 3.13, 6.1.1,6.2.1 ¥alues, Schedule o! 9.2,9.3.1 Waiver of Claims: Final Payment 4.3.5,4.5.1,9.10.3 Waiver o f Claims by the Architect ............... 13.4.2 Waiver of Claims by the Contractor ....... 9.10.4, 11.3.7, 13.4.2 Waiver of Claims by the Owner ............ 4.3.5,4.5.1,9.9.3, Waiver of Liens ........................... 9.10.2 Waivers of Subrogation ........... 6.1.1, 11.3.5, 11.3.7 Warranly and Warranties 3.5,4.2.9, Weather Delays ............................. 4.3.8.2 When Arbitration May Be Demanded ................. 4.5.4 Work, Definition of ............................. 1.1.3 Written Consent ......... 1.3.1,3.12.8, 3.14.2, 4.1.2, 4.3,4, Written Interpretations .............. 42.11,4.2.12,4.37 Written Notice 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4, Written Orders 2,3,3.9,4.3.7, AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® *~)I987THEAMERICANINSTITUTEOFARCHITECTS, l?35NEWYORKAVENUE, NW,WASHINGTON, DC 20006 A201-1987 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sampIe 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 Archit !s service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof 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 DOCUMENT A20I * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® ' ~)I987THEAMERICAN[NSTITUTEOFARCHITECTS, 1735 NEWYORKAVENUE, N.W,WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of hum bered articles and identified references to Paragraphs, Subpara graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects, 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. Thc term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasonable evidence were furnished on request prior to the execution of the Agreement, ~the prospective contractor would not be required to execute the Agreement or to commence the Work.] 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site, 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2,4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds), 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor falls to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3, 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2,4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period. If thc Contractor within such second seven- day pedod after receipt of such second notice fails to eom mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure, Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such anlounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative, ArA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered, The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the A~chitect. 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 Contractof 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- soant 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 approvals 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. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's empIoyees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be 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 excIudes 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 scheduied 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 govermnental 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 ruies and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such an~ounts and by such persons or entitles as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 8 A201-1987 AIA DOCUMENT A20t · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION ArA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W. WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than 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 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confim~ed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Docoments, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare mad keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drav4ngs, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work, 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work, 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub mittals are not Contract Documents. The purpose of their sub- Enittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2,7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned v,~ithout action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect, Such Work shall be in accordance with approved submittals. 3.12.7 By approving add submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of perforrnance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONS'FRUCTION · FOURTEENTH EDITION AIA® · @ 1987 TH E AMERICAN INSTITUTE OF ARCHITECTS, ] 735 NEW YORK AVENUE, N W, WASHINGTON, DC 20006 A201-1987 9 WARNING: Unlicensed photocopying violates U.S. copyright taws and is subiect to legal prosecution. Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.16 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ir~g area free from accumulation of waste materials or rubbish caused I~y operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hoid the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct ora particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unIess such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the f~llest extent permitted by law, the Contractor shall indemnify and hold hamaless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the 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 scL% disability benefit acts or other employee benefit acts. 3.18.3 The obIigations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of(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 practice architecture or an entity lawfully practicing architecture iden- tiffed as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authnrized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 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 correcrion period described in Para- graph 12.2. The Architect will advise and consult with thc Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect, Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor, Communications by and with separate contractors shall be through the Owner. 4.2.$ Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material mad 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 activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review, Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantifies, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents, The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3,3, 3.5 and 3.12, The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.3 The Architect will prepare Change Orders and Constcuc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents 4.2.10 If the Owner and Architect agree, the Architect will pro vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such 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 required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithfi~l performance by both Owner and Contractor, wilI 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 t'mal if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim, 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4,4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 * GENERAL CONDiTiONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ~)[987THEAMERiCANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW,WASHINGTON, DC 200{)6 WARNING: Unlicensed photocopying violates U.S. copyright 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 diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising 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. 4.8.6 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif~ fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Axchi tect will promptly investigate such conditions and, if they differ materiafiy and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both, If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to 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 inte[pretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be flied in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 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, 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury, or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance, The notice shall provide sufficient detail to enable the other party to investigate the matter, If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be fried as provided in Subparagraphs 4.3.7 or 4,3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review clamas and take one or more of the following preliminary actions within ten days of receipt ora 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 after the Architect's preliminary response, tare one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4,5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim adsing 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 Amedcan Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4,4 shall be subject to arbitration upon written demand of either party. Arbitratiott may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. 12 A201-1987 AiA DOCUMENT A20t · GENEKAL CONDITIONS OF THE C~NTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©I987THEAMERICAN[NSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W,WASH]NGTON, D.C.20006 WARNING: Unlicensed ohotocoovina violates U.S. coovriaht laws and is sublect to legal ;}rosecution. 4.5.2 Rulea and Notices for Arbitration. Claims between thc 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 Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be fried with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of(l) the date on which the Architect has rendered a final written deci sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration mad (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then faiIure 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 aRer 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.S.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.l and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5.5 Limitation on Consolidation or Jolnder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree merit and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined, No arbitration shall include, by conso]idation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other tha~n 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 insubstantml. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 ,Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site, The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to fumish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in wdting stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea sortable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection, 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be incressed or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required, 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AIA DOCUMENT A20t * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, NW, WASHINGTON, D C 20006 A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to tbe extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu~ merits, 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 SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform constmction 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. 5.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor sball 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 Sam 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 appIy 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 thc Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and resultsl Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective constroction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices sha[l be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any, 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7,3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable hxed or percent- age fee; or .4 as provided in Subparagraph 7.3.6, 7.3.4 Upon receipt of a Constrtiction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time, 7.3.5 A Construction Change Directive signed by the Contrac tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order, 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac tot to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con firmed by the Architect, When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination, 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu tion of an appropriate Change Order. AIA DOCUMENT A201 · GENERAl. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® '©1987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N~,WASHINGTON, DC 20006 A201-1987 15 WARNING: Unlicensed photocopying violates U.S. copyright la~s and is subject to legal prosecution. 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 oot 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 estabIished in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work, 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely corn mence operations on the site or elsewhere prior to the effective date of insurance required by Article 1 1 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance, Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notifY/the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of tfie Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and 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 of a dispute or other 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor potation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing, Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the 16 A201-1987 DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * t;OURTEENTN EDIT[ON ® · ©1987THEAMERICANINSTlTUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASHINGTON, D.C. 20006 Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to th~ Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum, 9.6 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9,6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6,3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or anlounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.6 Payment to material suppliers shall be treated in a manner sLmllar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work 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 SUBSTANTIAL COMPLETION .1 defective Work not remedied; 9.8.1 Substantial Completion is the stage in the progress of the .2 third party claims filed or reasonable evidence indicat- Work when the Work or designated portion thereof is suffi lng probable filing of such claims; ciently complete in accordance with the Contract Documents .3 failure of the Contractor to make payments prop- so the Owner can occupy or utilize the Work for its intended erly to Subcontractors or for labor, materials or use. equipment; .4 reasonable evidence that the Work cannot be eom- 9.g.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately;, is pleted for the unpaid balance of the Contract Sum; substantially complete, the Contractor shall prepare and submit .$ damage to the Owner or another contractor; to the Architect a comprehensive list of items to be completed .6 reasonable evidence that the Work will not be corn- or corrected. The Contractor shall proceed promptly to com- pleted within the Contract Time, and that the unpaid plete and correct items on the list. Failure to include an item on balance would not be adequate to cover actual or such list does not alter the responsibility of the Contractor to liquidated damages for the anticipated delay; or complete ail Work in accordance with the Contract Docu .7 persistent failure to carry out the Work in accordance ments~ Upon receipt of the Contractor's list, the Architect will with the Contract Documents. make an inspection to determine whether the Work or desig AIA DO{~IMY.~IT WOt * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® '©I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW~WASHINGTON, DC20006 A201-1987 17 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. nated portion thereof is substantially complete. If the Architect's inspection disdoses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantiai Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless other-wise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.8.$ Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonabiy withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9,9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9,10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect f'mds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said t-mai Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to t'mal payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. Ifa Subcon tractor refuses to furnish a release or waiver required by thc 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 affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully corn pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. 18 A201-1987 AIA DOCUMENT A20t · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and ts subject to legal pmsecuNon. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- raining and supervising ali 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 hated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor. or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Comractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ lng but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itsel0 including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirecdy employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavelnents, roadways, structures and uti~ties not designated for removal, re[o cation or replacement iu the course of construction. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss, 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other 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. 10.2.6 The Contractor shall promptly remedy damage and loss (other than danmge or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10,2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectIy 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 thc Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be Ioaded so as to endanger its safety. 10,3 EMERGENCIES 10.3.1 in an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similac employee benefit acts which axe applicable to the Work to be performed; AIA DOCUMEI~T A20t * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION .~' claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .:] claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indRectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .$ 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 .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final 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 tried with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be fzimished by the Contractor with reasonable promptness in accordance with the Contractor's information and befiefi 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maIntain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.:] PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawf'aliy authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entre Work at the site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by ail persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9. I 0 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub~ubcontractors in the Work. 11.a.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicabIe legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.:].1.2 If the Owner does not intend to purchase such prop erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the 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.:].1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall includc interests of the Owner, Contractor, Subcontractors and Sub subcontractors in the Work, and the Owner and Contractor shall be n~mled insureds. 11.3.:] LOSS of Use [nssrance. 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 rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.:]].4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 20 A201-1987 AIA DOCUMENT A201 · GENEKAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION A1A® · ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies 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 all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, dePim- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as tiduciary~ The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written wbem legally required for validity, similar waivers each in favor of other parties enum- erated heroin. The policies shall provide such waivers of subro- gation by endorsement or otherwise, A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insumds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar 11.3,9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. Thc Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall be 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 tee Conoactor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 if a portion of thc Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby 12.2.2 If, within one year after the date of Substantial Comple- tion oftbe Work or designated portion thereof, or after the date All DOCUMENT A~O1 · 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 200{}6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is su~ect to legal prosecution. A201-1987 21 for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a wdtten 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 act'dal performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall 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 removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall he con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to .'.he time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specilically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced a.s appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other patty in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mall 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. 13.4.2 NO action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be speciftcally agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent rest lng laboratory or entity acceptable to the Owner, or with the appropriate public authority, an.d shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub paragraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 TH E AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D.C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3, 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from rime to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between thc Owner and Contractor: .1 Before SubstantlalCompletlon. ^stoactsor failures to act occurring prior to the relevant date of Substan rial Complefion, any applicable statute of Iimitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to tun and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3,5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 Thc Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdicfion; .2 anact of government, suchasadeclarationofnafional emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 1 O0 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages, 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work. the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach ora provision of the Contract Documents 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to jus AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® *©I987THEAMERICANlNSTlTUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW,WASHiNGTON, DC 20000 WARNING: Unlicensed photocopying violates U,S. copyright laws and is subject to legal prosecution. A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and atxer giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When thc Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of thc Contract Sum exceeds costs of finishing the Work. including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or intermpt the Work in whole or in part for such period of time as the Owner may determine, 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or 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 fixed or percentage fee. 24 A201-1987 AIA DOCUMENT ~201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * ©I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW,WASHiNGTON, DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution, 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) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. Lon9 Creek Drainage Retrofit Projects K-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: Long Creek Drainage Retrofit Projects K-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that 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 Long Creek I Hashamomuck Pond Watershed Retrofit Drainage Projects Long Creek Drive & Laurel Avenue, Southold, New York, 11971 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 (SEAL OF THE CORPORATION) Laws of New York, '1965 Ch. 751, Sec. 103-d, as amended & effective on September t, t965. Signature Long Creek Drainage Retrofit Projects 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 $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Long Creek Drainage Retrofit Projects M-1 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 - which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further 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. Long Creek Drainage Retrofit Projects M-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT '1-12.805.4 Reports and Other Required Information (a) Requirements for prime contractors and subcontractors. ('1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. Long Creek Drainage Retrofit Projects 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. Long Creek Drainage Retrofit Projects 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 t- 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. Long Creek Drainage Retrofit Projects 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 GrantorAgency and the local Internal Revenue Service field office. Contracts and sub-grants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. Ail contracts and sub-grants in excess of $ 10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or sub-grantee shall be required to have an affirmative action plan which 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. Long Creek Drainage Retrofit Projects M-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e, which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under th is contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); ( C ) That there may be deducted from the amount payable to the contractorbythe Stateor municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; Long Creek Drainage Retrofit Projects M-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. Long Creek Drainage Retrofit Projects M-8 PROJECT SPECIFICATIONS LONG CREEK DRAINAGEIMPROVEMENTS SECTION: DIVISION NO. 1 - GENERAL REQUIREMENTS The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Section. TABLE OF CONTENTS - MOBILIZATION - GENERAL REQUIREMENTS Included in this Division are the following sections: > General > Mobilization > Measurement and Payment > Construction Facilities & Temporary Controls > Health & Safety Previsions > Temporary Silt Screen (DEC permit Requirement) PAYMENT - GENERAL REQUIREMENTS The lump sum price bid on the proposal form shall include supervision and management, on-going project-related expenses, insurances, bonding, labor, materials, equipment, and incidentals necessary to mobilize to the construction site, meet all of the general requirements set forth under this Section, comply with all conditions set forth in the Conditions of Contract and General Conditions of the Contract and demobilize from the construction site upon successful completion of the project. Payment for completed work may be made as progress payments: The Contractor shall not receive separate payment for the cost of mobilization. All costs for construction shall be included within the lump-sum payment item as listed for three (3) separate / independent drainage projects as indicated on the Proposal Form. a. Fifty Percent (50%) upon completion of work at each individual project site. b. Twenty Five Percent (25%) upon second partial payment request. c. Twenty Five Percent (25%) upon successful completion and acceptance of the project. Long Creek Drainage Retrofit Projects N-1 SITE LOCATION The site of the proposed general construction for the LONG CREEK DRAINAGE IMPROVEMENT PROJECT is located in the Town of Southold, at two locations on Long Creek Drive and one location at the road end of laurel Avenue in Southold, County of Suffolk, State of New York and more particularly as shown on the Contract Drawings. GENERAL SCOPE OF WORK The work to be performed under this Contract shall include all labor, materials, equipment, services and incidentals required to perform the proposed drainage improvements as indicated on the Plans, Specifications, Permit Drawings and as shown on the Contract Drawings or as approved by the Engineer. In the event that any item of work required for the final completion of the project which is necessary to secure, stabilize and/or complete the detailed scope of work as indicated by the plans in all respects has not been completely specified or referenced, it shall be the Contractors responsibility to complete the work in all respects at his expense. SUPERINTENDENCE AND WORKMEN The Contractor shall give his constant personal attention to the work while it is in progress, and he shall place it in charge of a competent and reliable superintendent, who shall have authority to act for the Contractor, and who shall be acceptable to the Engineer. The Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion in the manner and time specified. The Contractor shall identify at least one person from their company who is a DEC "Trained Contractor" that will be responsible for implementation of Storm Water Management Practices during the project. This Trained Contractor shall be on site on a daily basis when soil disturbance activities are being performed. All additional workmen must have sufficient skill and experience in such work to properly and satisfactorily perform it and operate the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent or unfit to perform the work, shall be at once discharged and shall not be again employed. INSPECTION All proposed work under this Contract shall be performed during and with Engineer's approval. The Contractor is advised to inspect carefully the full premises and consult with the Engineer regarding any items of construction or reconstruction that may be questionable. Long Creek Drainage Retrofit Projects N-2 MAINTENANCE AND PROTECTION OF TRAFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or required for the protection of fire, accidents, property damage and public nuisance. He shall provide and maintain such toilet facilities at or adjacent to the site as may be required. The Contractor shall erect and maintain such signs, channel and obstruction markers and barricades as may be required for the protection of traffic. The Contractor shall not deposit or store any equipment or materials within the Site Area except with written permission from the Engineer. MAINTENANCE AND PROTECTION OF UTILITIES The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right- of-way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. GRADES, LINES, LEVELS AND SURVEYS The Owner's Engineer will establish one (1) bench mark and location of the work lines as reference points for the Contractor. The reference points shall be maintained by the Contractor. All other required lines, levels, grades, etc., shall be furnished by the Contractor from the reference points. Re-establishment of the reference points by the Engineer for the Contractor shall be done at the Contractor's expense. Long Creek Drainage Retrofit Projects N-3 The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the aforementioned to the Engineer before commencing work. Commencement of work shall be corrected by the Contractor at his expense. LABOR, LAWS AND WORKMANSHIP All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York, the Occupation Safety and Health Act of the vadous acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction of whichever Pdme Contract they are submitting a bid for as specified in the Contract Documents for a period of at least five (5) years. On request, bidders must furnish a list of a minimum of five (5) projects of similar type construction that was built by them in the Nassau-Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undedaken by Contract. A minimum of five (5) of the projects must have been built for municipal clients. APPROVAL OF SUBCONTRACTORS No Subcontractors shall be employed on the work unless pdor approval has been given by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed Subcontractor must be submitted. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to slowdown of the project for such reasons shall be borne by the Contractor. Long Creek Drainage Retrofit Projects N-4 STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society, the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform to the latest A.S.T.M, A.W.P.A., A.S.A., N.E.C., I.E.S., etc. Specifications as may relate to or govem the construction work. CONTRACT DRAWINGS The Contract drawings which accompany and form part of these Specifications, bear the general title TOWN OF SOUTHOLD - LONG CREEK DRIVE & LAUREL AVENUE DRAINAGE IMPROVEMENTS, Suffolk County, New York and separately numbered and entitled as follows: 1 Cover Sheet Project # 1: (Two Sheets) 2 SP-1 - Site plan 3 A-1 - Cross Sections & Details Project # 2: (Three Sheets) 4 SP-2 - Site plan 5 B-1 - Plan Detail & Cross Section 6 B-2 - Cress Section & Details Project # 3: (Three Sheets) 7 SP-2 - Site plan 8 C-1 - Plan Detail 9 C-2 - Cross Section & Details CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material and rubbish and pdor to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean, neat and workmanlike condition satisfactory to the Engineer. GUARANTEES Before issuance of the final certificate, the Contractor shall deliver to the Owner the following guarantees in addition to those specifically required in the General Conditions and in the vadous technical sections. The Contractor hereby guarantees that all materials and workmanship installed under his respective contract to be new and of good quality in every respect and to remain so for a pedod of one (1) year or for longer periods where so provided for in the Specifications, from the date of issuance of the Final Certificate by the Engineer. Long Creek Drainage Retrofit Projects N-5 Should any defects develop in the aforesaid work within the stipulated periods due to faults in materials and/or workmanship, the Contractor hereby agrees to make all repairs and do all necessary work to correct the defective parts. Such repairs and corrective work, including the cost of making good all other work damaged by or otherwise affected by making of the repairs or corrective work shall be done without any cost or expense to the owner, and at the entire cost and expense of the Contractor, within five (5) days after notice to the Contractor. The owner may have the work done and charge the cost thereof to the Contractor and/or his Sureties who agree to pay the owner the cost of such work if the Contractor fails to respond as required. PAYMENT~ Payment(s) made under this Contract will be made on the basis of actual work completed in accordance with the Contract Documents. Payments will be computed from the unit and lump sum bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION - GENERAL REQUIREMENTS Long Creek Drainage Retrofit Projects N-6 SECTION - MOBILIZATION 1. DESCRIPTION. Under this item the Contractor shall set up his necessary general plant, including shops, storage areas, office and such sanitary and other facilities as are required by local or state law or regulation. Unless provided for elsewhere, the cost of required insurance and bonds and/or any other similar significant initial expense required for the initiation of the contract work may be included in this item. The determination of the adequacy of contractor's facilities except as noted above shall be made by the Contractor. 2. MATERIALS. Any materials that are required but are not to be a part of the completed contract shall be as determined by the Contractor, except that they shall conform to any pertinent local or state law, regulation or code. 3. CONSTRUCTION DETAILS. Such work as is done in providing the facilities and services under this item shall be done in a safe and workmanlike manner and shall conform to any pertinent local or state law, regulation or code. Good housekeeping consistent with safety shall be maintained. END OF SECTION - MOBILIZATION Long Creek Drainage Retrofit Projects N-7 SECTION - MEASUREMENT AND PAYMENTS DESCRIPTION The Contractor shall furnish all labor, materials, tools, equipment, appurtenances and all services necessary to perform all Work as required by the plans and specifications or as required by the Engineer, at the lump sum or unit prices for the items listed herein. ENGINEER'S ESTIMATE OF QUANTITIES The ENGINEER'S estimated quantities (WHERE PROVIDED) are approximate only and are included solely for the purpose of comparison of Bids. The OWNER does not expressly or by implication agrees that the nature of the materials encountered below the surface of the ground or the actual quantities of material encountered or required will correspond with the estimated quantities. PAYMENT ITEMS The method of payments and measurement of payments for each contract item shall be described on the Proposal Form (PF) section of the bid specifications END OF SECTION - MEASUREMENT AND PAYMENTS Long Creek Drainage Retrofit Projects N-8 SECTION - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: Temporary Utilities - Electricity, lighting, ventilation, water and sanitary facilities. Temporary Controls - Barriers, enclosures and fencing, protection of the Work, and water control. Construction Facilities - Access roads, parking, progress cleaning, project signage, and temporary buildings. TEMPORARY ELECTRICITY All Contractors shall be responsible for providing temporary electric power for all construction activities associated with their contracts. TEMPORARY WATER SERVICE The Contractor shall provide temporary water service for construction purposes, sanitary facilities, fire protection and for cleaning. Potable water shall be fumished for construction personnel by portable containers. Water service shall be protected from freezing, and the service shall be extended and relocated as necessary to meet temporary water requirements. The Contractor shall install a meter and pay for all expenses associated with temporary water service during the course of the work, including furnishing all necessary permits and fees required for temporary water service. Comply with all applicable codes and arrange for all necessary inspections and approvals. Upon completion of all work, the Contractor shall disconnect and remove all temporary connections and fixtures. TEMPORARY SANITARY FACILITIES The Contractor shall provide at the site suitable enclosed toilet facilities for the use of construction personnel. The Contractor shall observe and enforce all sanitary regulations and maintain satisfactory sanitary conditions around and on all parts of the work. Adequate washing facility shall be provided for the construction personnel. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. Long Creek Drainage Retrofit Projects N-9 The Contractor shall pay for all expenses associated with temporary sanitary facilities dudng the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. Comply with all applicable codes and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS First Aid Facilities and Accidents The Contractor shall provide, at the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. Accident The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever adsing out of, or in connection with, the performance of the work, whether on or adjacent to the site, which cause death, personal injury or property damage, giving full details and statements of witness. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. WATER CONTROL Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. Protect site from standing or running water. Provide water barriers as required to protect site from soil erosion. Provide temporary control of surface water, stormwater runoff and discharge from pumping in accordance with Contractor's approved soil erosion and sediment control plan. SECURITY Provide security and facilities to protect work, and existing facilities, and Owner's operations from unauthorized entry, vandalism or theft. Coordinate with Owner. Furnish secudty during the course of the work. Long Creek Drainage Retrofit Projects N-10 ACCESS ROAD Maintain roads accessing construction area as shown on the Construction Drawings. Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow. Provide and maintain access to fire hydrants, free of obstructions. Provide means of removing mud from vehicle wheels before entering public and private streets. Clean all mud and debris from construction traffic at no additional expense to the Owner. Comply with all State and Local regulations. Designated existing on-site roads may be used for construction traffic, as directed by the Owner and Engineer. Damage to existing site roads as a result of this Contract will be the responsibility of the Contractor. PARKING The Contractor's personnel shall park in a manner that will not affect or impede the public use of the road system. When space is not adequate, the Contractor shall provide additional off-site parking. PROGRESS CLEANING Maintain areas free of waste materials, debds and rubbish. Maintain site in a clean and orderly condition. Remove waste materials, debris and rubbish from site and dispose weekly in areas as designated by the Owner. REMOVAL OF UTILITIES, FACILITIES AND CONTROLS Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final Applications for Payment Inspections. Clean and repair damage caused by installation or use of temporary work. Restore existing facilities used dudng construction to original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Long Creek Drainage Retrofit Projects N-ii SECTION - HEALTH AND SAFETY PROVISIONS REQUIREMENTS The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times dudng construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit the following guidelines: Safety and Health Regulations Promulgated by the U.S. Department of Labor OSHA, 29 CFR 1910 - Occupational Safety and Health Standards, and 29 CFR 1920 - Safety and Health Regulations for Construction. U.S. Environmental Protection Agency Medical Monitoring Program Guidelines. If, at any time, the Owner or the Engineer is appdsed of a safety hazard which demands immediate attention because of its high potential for harm to public travel, persons on or about the work, or public or private property, the owner of the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor does not or cannot or his representative is not upon the site so that he can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measures shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present dudng the performance of the work, whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall be his sole responsibility to anticipate and provide such additional safety precautions, facilities, personnel and equipment as shall be necessary to protect life and property from whatsoever conditions of hazard are present or may be present. END OF SECTION - HEALTH AND SAFETY PROVISIONS Long Creek Drainage Retrofit Projects N-12 SECTION - TEMPORARY SILT SCREEN 1. DESCRIPTION. This work shall consist of temporary control measures as shown on the plans, in conditions set forth in the New York State Department of Environmental Conservation Permit for this project, or as ordered by the Engineer. Use of temporary silt screen is intended to control soil erosion and water pollution during construction. 2. CONSTRUCTION DETAILS. General. In the event of a conflict between these specifications, pollution control laws, or the rules/regulations of other Federal/State/local agencies, the more restrictive laws, rules or regulations shall apply. Authority of Work. The Engineer has the authority to limit the surface area of erodible earth material exposed by excavation, borrow and fill operations and to direct the Contractor to provide immediate permanent or temporary pollution control measures to minimize damage to adjacent property and to minimize contamination of adjacent streams or other watercourses, lakes, ponds or other areas of water impoundment. Schedule of Work. Prior to the start of construction, the Contractor shall submit to the Engineer for acceptance, schedules for accomplishment of the following: erosion control work, clearing and grubbing, grading, bridges and other structures at watercourses, and paving. In addition, the proposed method of erosion control and the plan for disposal of surplus excavated materials, shall be submitted for approval. No work shall be started until the erosion control schedules and methods of operations have been approved by the Engineer. If conditions change during construction, the Contractor may be required to submit a revised schedule for approval, as directed by the Engineer. The Contractor will be required to incorporate all erosion control features into the project at the earliest practical time as outlined in his accepted schedule. Control measures will also be required to correct: conditions that develop during construction that were not foreseen during the design stage; that are needed prior to installation of erosion control features; or, that are needed temporarily to control erosion that develops during normal construction. Where erosion is likely to be a problem, clearing and grubbing operations should be so scheduled and performed that grading operations and erosion control features can follow immediately thereafter if project conditions permit. Otherwise, erosion control measures may be required between successive construction stages. 3. BASIS OF PAYMENT. The lump sum for this work includes the cost of furnishing all materials, labor and equipment to satisfactorily complete and project maintenance of the temporary erosion and pollution control work shown on the plans, or as ordered to be performed by the Engineer. Long Creek Drainage Retrofit Projects N-13 Control measures that are made necessary by the Contractor's negligence, carelessness, failure to install controls as a part of the work as scheduled and are ordered by the Engineer, or are made necessary by the Contractor's failure to perform the sequence and scheduling of work as approved, shall be ordered by the Engineer to be accomplished and performed by the Contractor at his own expense. In case of repeated failures on the part of the Contractor to control erosion, pollution and/or siltation, the Engineer reserves the right to employ outside assistance or to use Town forces to provide the necessary corrective measures. Such incurred direct costs plus engineering costs will be charged to the Contractor and appropriate deductions will be made from the Contractor's monthly progress estimate. END OF SECTION - TEMPORARY SILT SCREEN Long Creek Drainage Retrofit Projects N-14 SECTION: DIVISION NO. 2- SITE WORK The work under this Division (2) shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Section. TABLE OF CONTENTS - DIVISION NO. 2 - SITE WORK Included in this Division are the following sections: 02050 02160 02200 02221 02222 02512 02630 02722 02723 02740 02772 02900 02911 02920 Site Demolition Shoring and Bracing Site Preparation Unclassified Excavation and Grading Clean Granular Fill PVC Pipe and Fittings Stormwater Drainage Pavement Sub-base Preparation Recycled Portland Cement Concrete Aggregate Base Course Asphaltic Concrete Pavement Concrete Curb Beach Grass Planting Topsoil Hydro-seed SECTION 02050 - SITE DEMOLITION DESCRIPTION Under this Section, the Contractor shall supply all labor, materials, equipment and incidentals necessary to complete the Demolition work and Debris removal as specified herein, shown on the Contract Drawings and/or as directed by the Engineer. SCOPE In general, the work to be done shall include but not be limited to the following: Existing catch basins and abandoned Suffolk County Water Authority piping. Highway asphalt Any and all excess soil or unsuitable material Long Creek Drainage Retrofit Projects N-15 DEMOLITION DESCRIPTION AND DETAIL S The Contractor shall completely remove all soils, concrete structures, piping, asphalt, timbers and debris to allow for the proposed construction as shown on the Contract Drawings and directed by the Engineer. All materials and debds to be demolished shall be removed and disposed of off site. The Contractor shall remove existing guard reil as needed to accommodate the new construction. All guard reil shall be salvaged for re-use and installation by the contractor. Any railing damaged through no fault of the Contractor shall be replaced by the Owner. Damaged material due to Contractors negligence shall be replaced at the Contractors expense. The Contractor shall exercise extreme care NOT to damage the existing structures and surfaces which are to remain. All asphalt and concrete shall be saw-cut pdor to any removal or demolition. The Contractor shall remove from the site all cut-offs and demolished materials and replace remaining voids and previously occupied spaces with suitable granular fill material propedy compacted in place. Off-site disposal for all demolished material and debris shall be at a facility approved by the New York State Department of Environmental Conservation. All costs, permits, etc., for proper disposal shall be borne by the Contractor. END OF SECTION 02050 - SITE DEMOLITION Long Creek Drainage Retrofit Projects N-16 SECTION 02160 -SHORING AND BRACING GENERAL The Contractor shall fumish all labor, materials equipment, tools and appurtenances required to complete the work of shoring, bracing, and sheeting or sheet piling, necessary to complete the construction, protect structures, and prevent the loss of ground or caving of embankments, as shown, specified or required, and shall meet all applicable building and safety codes. Pressures on sheeting and the stability of the sheeting and bottom of the excavation are dependent not only on soil conditions but upon many procedures and options available to the Contractor, such as dewatedng, staging of excavation and installation of bracing, flexibility of sheeting, construction equipment used, and time of completing the work. All such factors shall be considered investigated in the design of the sheeting and bracing. RELATED DOCUMENTS Recommended Technical Provisions for Shoring and Sloping of Trenches and Excavations, U.s. Department of commerce. Construction Safety and Health Regulations, U.S. Department of Labor, Occupational Safety and Health Administration. SUBMITTALS In trenches, the sheeting shall be designed so that the lowest brace is no closer than 12 inches above the base of the structure to be installed. Therefore, the Contractor shall submit drawings, computations and substantiating data prepared, and signed and sealed by a Professional Engineer licensed in the State, showing his proposed sheeting, sheet piling, and bracing design and method of construction for the information of the Engineer prior to the start of such construction. Any review or comments by the Engineer shall not relieve the Contractor of his responsibility for sheeting and bracing. QUALITY CONTROL During the installation of the sheeting and bracing and as long as the excavation is open, the Contractor's Professional Engineer shall monitor the work to ensure that it is carried out in accordance with his design and procedures. For this purpose, leveling observations for heave and settlement shall be made in addition to piezometric readings where excavations extend below the water table or through soft cohesive soils. Long Creek Drainage Retrofit Projects N-17 MATERIALS Steel Sheet Pilinq: Steel sheet piling shall conform to the requirements of ASTM A328. Timber Sheetin.q: The timber, unless otherwise noted, may consist of any species which will satisfactorily stand driving. It shall be sawn or hewn with square corners and shall be free form worm holes, loose knots, wind shakes, decayed or unsound portions, or other defects which might impair its strength or tightness. VERIFYING EXISTING CONDITIONS Before commencing work, the Contractor shall check and vedfy all governing dimensions and elevations, including field measurements of existing and adjoining work on which his work is dependent, to assure proper fit and clearance of each part of the work to the new and existing structures. The Contractor's attention is drawn to General Conditions for general information for evaluating existing conditions which may affect his work. COORDINATION WITH OTHER OPERATIONS The schedule and progress of the shoring, bracing, and sheeting work shall be coordinated with the dewatering, excavation, and backfilling work. If, during the progress of the excavation, lateral movement of the adjacent ground or structures is discovered, corrective measures shall be taken immediately to prevent further movement. INSTALLATION A. All sheetinq 1. All sheeting, whether steel or timber, permanent or temporary, shall be safely designed and shall be carried to adequate depths and braced as necessary for proper performance of the work. Construction shall be such as to permit excavation as required. Intedor dimension shall be such as to give sufficient clearance for construction forms and their inspection. Movements of sheeting or bracing which prevent the proper completion of the sub-structure or cause damage to any adjacent structure by undermining or any other change shall be corrected at the sole expense of the Contractor. No part of the sheeting or bracing shall be allowed to extend into the structure without wdtten permission of the Engineer. 2. If the Engineer is of the opinion that, at any point, any proper supports have not be provided, he may order additional supports put in at the expense of the Contractor, and compliance with such order shall not relieve or release the Contractor from his responsibility for the sufficiency of such supports. Care shall be taken to prevent voids outside of the sheeting, but if voids are formed, they shall be immediately filled and rammed. Long Creek Drainage Retrofit Projects N-18 3. The Contractor shall leave in place to be embedded in the backfill, any sheeting and bracing which the Engineer may direct him in writing to leave in place at any time, dudng the progress of the work, for the purpose of preventing injury to structures, utilities, or property, whether public or private. The Engineer may direct that steel or timber used for sheeting and bracing be cut off at any specified elevation. 4. The right of the Engineer to order sheeting and bracing left in place shall not be construed as creating any obligation on his part to issue such orders, and his failure to exercise his dght to do so shall not relieve the contractor from liability for damages to persons or property occurring form or upon the work occasioned by negligence or otherwise, growing out of a failure on the part of the Contractor to leave in place sufficient sheeting and bracing to prevent any caving or moving of the ground. REMOVAL OF SHORING AND BRACING MATERIALS Whether the Contractor elects not to remove shoring and bracing material, all such material shall be removed to the extent that the top of the matedal shall be a minimum of five (5) feet below the proposed finished grade. Removal of shoring and bracing shall be carried out in a manner such that no structure shall be disturbed or damaged during or after removal. Protection of structures during the removal of the shoring and bracing shall be the sole responsibility of the Contractor, and any disturbance or damage shall be rectified at no expense to the Owner. SAFETY Installation and removal methods of shoring and bracing shall meet, or exceed, the minimum requirements of the applicable codes and safety precautions as outlined in such codes, and shall be enforced by the Contractor. METHOD OF PAYMENT The Contractor shall not receive separate payment for the cost of shoring and bracing. All costs for shoring and bracing shall be included within the unit payment item for related drainage structure or item listed on the Proposal Form. END OF SECTION 02160 - SHORING AND BRACING Long Creek Drainage Retrofit Projects N-19 SECTION 02200 - SITE PREPARATION WORKINCLUDED The Contractor shall furnish labor, materials, equipment and appurtenances necessary or required to perform and complete all work including, but not limited to the following: A. Location and Stakeout B. Clearing, removing and the legal disposal of all debris and miscellaneous structures not covered under other sections of these Specifications. C. The Contractor shall do all stakeout, layout, and elevations necessary to perform the intended construction. Surveying, where required, shall be performed by a Licensed Land Surveyor acceptable to the Engineer. All instruments, equipment, stakes and any other material necessary to perform this work satisfactorily shall be provided by the Contractor and approved by the Engineer. QUALITY ASSURANCE A. Location and stakeout work shall be performed by a Professional Engineer or Land Surveyor duly licensed in the State of New York. B. The Contractor shall, at their own expense, secure and pay for all utility mark- outs to include all underground utilities such as existing subsurface gas and/or other utility lines. INSPECTION A. The Contractor shall visit and thoroughly familiarize themselves with the site and with the scope of work to be done. B. When the Contractor submits their proposal, it shall be interpreted to mean that he has examined the site, fully understands the existing and proposed conditions and has made due allowances for them in their proposal. PREPARATION A. Notification of utility companies shall be in accordance with Industrial Code Rule #53 of Title 12, of the Official Compilation of Codes, Rules and Regulations of the State of New York. B. Notify all utility companies, prior to start of work and ascertain location of all existing utilities. C. Exercise extreme caution in the area of existing utilities so as not to cause damage or breakage. D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. Long Creek Drainage Retrofit Projects N-20 PERFORMANCE A. The Contractor shall exeroise diligent care to protect existing trees, shrubs and under-growth not to be removed and shall replace at his own expense any such existing plants, trees, shrubs or other plant matedal removed, destroyed, disfigured or damaged because of his negligence with similar planting approved by the Engineer. B. All wood and brush shall be legally disposed of by the Contractor at their own expense. ADJUST AND CLEAN The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about the project site. PROTECTION OF EXISTING VEGETATION A. Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Trenching across troe root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10 inch caliper tree shall have a minimum of 10 feet distance between trunk and trench.) Tunnels under the root system should start 18 inches or deeper below existing grade. Troe roots which must be severed should be cut clean. Backfill material around roots shall be topsoil. C. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barders far enough from tree so that all equipment such as backhoes and dump trucks do not contact tree trunk or branches. D. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. E. Material shall only be stockpiled in locations approved by the engineer. No equipment shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and disposed of off-site. F. Obstructive and broken branches should be pruned properly. The 3 cut method should be used on all branches larger than two inches at the cut. The branch collar on all branches whether living or dead should not be damaged. First cut the underside of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or further out from trunk. The final cut should be made by placing the shears or saw in front of the branch bark ridge and cuffing Long Creek Drainage Retrofit Projects N-21 downward and slightly outward. Do not paint the wounds. G. Any trees damaged during construction shall be repaired by an approved tree surgeon. Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced with the same species, 6 inches in caliper, which shall be balled, budapped and platformed and planted at the direction of the Engineer. H. Where cuts expose or affect root systems of trees, the exposed roots shall be cut off cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from further damage. METHOD OF PAYMENT The Contractor shall not receive separate payment for the cost of site preparation. All costs for site preparation shall be included within payment as listed on the Proposal Form. END OF SECTION 02200 - SITE PREPARATION Long Creek Drainage Retrofit Projects N-22 SECTION 02221 - UNCLASSIFIED EXCAVATION AND GRADING CLASSIFICATION Classification of excavation: Excavation shall be unclassified, and the term "unclassified excavation" shall be understood to mean any and all materials encountered during excavation work including structures, pavement, abandoned structures, stumps, foundations, retaining walls, earth, piping, demolition, drainage systems, etc. GENERAL SITE EXCAVATION A. The Contractor shall as necessary for safe construction and repair of the proposed construction to the specifications and/or as approved by the engineer. Material, which is unacceptable to the Engineer, shall be disposed of at the Contractor's expense. B. Unstable soil shall be removed and replaced with sand or gravel and shall be thoroughly compacted. C. Adequate provision shall be made to intercept or divert all surface water from the areas of construction operations and designated wetlands. D. The Contractor shall establish a construction gdd for the areas of proposed excavation a grading to establish all stakeout, layout, and elevations necessary to perform the intended construction. All instruments, equipment, stakes and any other matedal necessary to perform this work satisfactorily shall be provided by the Contractor and approved by the Engineer. METHOD OF PAYMENT The Contractor shall not receive separate payment for the cost of unclassified excavation and grading. All costs for unclassified excavation and grading shall be included with payment as identified on the Proposal Form. END OF SECTION 02221 - UNCLASSIFIED EXCAVATION AND GRADING Long Creek Drainage Retrofit Projects N-23 SECTION 02222 - CLEAN GRANULAR FILL DESCRIPTION Under this Item, the Contractor shall furnish, place and compact clean granular fill material in accordance with the plans and specifications and/or as directed by the Engineer. MATERIALS Clean granular fill shall be sound, hard, durable bank run sand and gravel. Gradation shall be as follows as determined by ASTM D422 Testing Methods Sieve Size Percent Passing by Weight 1-inch 100% No. 40 0-70% No. 200 0-10% The Engineer reserves the right to randomly test for conformance any material that arrives at the site. All costs associated with laboratory testing of the material shall be borne by the Contractor. CONSTRUCTION DETAILS The Contractor shall furnish and place clean granular fill material as directed by the Engineer. The fill material shall be placed in 6" to 9" lifts and thoroughly compacted with a vibratory tamper or other approved means. The fill material shall be compacted to 95% of maximum density at optimum moisture content in accordance with ASTM D698 Standard Proctor. Testing fees shall be borne by the Contractor. METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of furnishing and installing clean granular fill. All costs for clean granular fill shall be included with payment as identified on the Proposal Form. END OF SECTION 02222 - CLEAN GRANULAR FILL Long Creek Drainage Retrofit Projects N-24 SECTION 02512 - PVC PIPE AND FITTINGS DESCRIPTION Furnish and installation of all specified plastic (PVC) pipe and fittings required for the installation of the storm water drainage system as indicated on the Contract Drawings. SUBMITTALS Product Data: Manufacturer's specifications with detailed information regarding dimensions, pressure rating, fittings and installation instructions. Manufacturer's data must indicate compliance with the standards specified herein. MATERIALS All pipes and fittings are to be Schedule 80 Polyvinyl Chloride (PVC) pipe. All PVC shall be manufactured from a Type I Grade I Polyvinyl Chloride (PVC) compound with a cell classification of 12454 per ASTM D1784. All pipes shall be manufactured in strict compliance to ASTM D1785 with compliance marking on each section of pipe. Pipe shall be manufactured from Harvel Plastics (610) 252- 7355 or approved equal. Physical properties shall include: Physical Property Value Reference Specific Gravity _+ 0.02 1.4 ASTM D792 Tensile Strength, psi ~73°F 7100 ASTM D638 Modulus of Elasticity in Tension, psi ~73°F 400,000 ASTM D638 Flexural Strength, psi 12,000-14,000 ASTM D790 Izod Impact, Ft. Lbs/in., Notch ~73°F 0.65 ASTM D256 Heat Deflection °F ~264psi 160 ASTM D648 Heat Resistance °F 140 Thermal Conductivity, BTUIhr./sq. FT.l°Flin 1.2 ASTM C177 Coefficent of Expansion, in./in./~Fxl0's 3.0 ASTM D696 Water Absorption, %/24 hrs. ~73°F 0.05 ASTM D570 Cell Classificiation 12454B ASTM D 1784 Color Code Dark Gray INSTALLATION A. Install pipe as indicated on the Drawings. B. Pipe in Trenches: 1. Keep trenches free from water. 2. Grade and shape trench bottom to insure a firm uniform bearing for the entire trench length. Provide a minimum cover of 4"-6" to finished grade unless otherwise shown on the drawings. Long Creek Drainage Retrofit Projects N-25 3. Cut pipe as recommended by the manufacturer. Lay pipe on a continuously rising grade from Iow points to high points At each joint, dig a bell hole sufficiently wide and deep to allow the pipe barrel to bear uniformly on the trench bottom. PROTECTING PIPE During the progress of the Work keep pipe clean from all sediment, debris, and other foreign material. Close all open ends of pipes and fittings securely with removable plugs at end of Work day, during storms, when the Work is left at any time, and at such times as the Director's Representative may direct. METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of (PVC) pipe and fittings. All costs for (PVC) pipe and fittings shall be compensated on a lump sum basis as defined in the Proposal Form of the specification. END OF SECTION 02512 - PVC PIPE AND FITTINGS Long Creek Drainage Retrofit Projects N-26 SECTION 02630 - STORMWATER DRAINAGE WORK INCLUDED The work shall include fumishing all labor, material, equipment, and incidentals necessary to install pre-cast concrete drainage structures, pipes, culverts, frames and grates, frames and covers, stone, rip-rap, suitable granular porous leaching material (soil), and all other necessary operations to construct the stormwater drainage system in accordance with the plans, specifications and/or as directed by the Engineer. SHOP DRAWINGS Submit complete and Engineer's approval. Engineer. accurate shop drawings, catalog cuts, details for the No installation shall be made prior to approval of the MATERIALS Leachin.q Pools - Leaching pools shall consist of leaching rings and a solid fiat traffic bearing slab. The diameter and depth of the leaching pools shall be as indicated on the plans. The leaching rings and solid, fiat traffic beadng slab shall be as manufactured by Suffolk Precast Inc., Calverton, NY or an approved equal. Solid Covers (precast concrete) - The solid cover shall be precast concrete be as shown on the construction drawings and manufactured by Suffolk Precast Inc., Calverton, NY or an approved equal. Headwalls (precast concrete) - The headwall shall be precast concrete be as shown on the construction drawings and manufactured by Suffolk Precast Inc., Calverton, NY or an approved equal. Frames and Grates (circular grate) - The frame and grate shall be heavy-duty type frame and grate as manufactured by Campbell Foundry Company or an approved equal. Frames and grates shall be as shown on the construction drawings. Frames and Covers (cimular solid cover) - The frame and solid cover shall be heavy-duty type frame and cover as manufactured by Campbell Foundry Company or an approved equal. Frames and covers shall be as shown on the construction drawings. Long Creek Drainage Retrofit Projects N-27 INSTALLATION A. The Contractor shall excavate for the installation of the structures and pipes at the locations and to the limits as shown on the contract drawings. B. The outside area of the leaching structures shall be backfilled with clean granular porous material as specified, C. Pipes are to be installed to the lines and grades as indicated on the plans. D. The Engineer reserves the right to reject backfill material if in his opinion contains deleterious material. The Engineer shall determine if the compaction effort is sufficient to complete the installation. E. Frames and grates/covers shall be installed to the grades as indicated on the plans. F. Frames and grates/covers shall be well mortared in place. METHOD OF PAYMENT All costs for stormwater drainage shall be included within the payment items as defined in the Proposal Form of the specification. END OF SECTION 02630 - STORMWATER DRAINAGE Long Creek Drainage Retrofit Projects N-28 SECTION 02722 - PAVEMENT SUBBASE PREPARATION WORK INCLUDED The work shall include stripping and removing unsuitable materials, performing cut and fill operations, adjusting existing castings to proposed grade and fine grading the surface to construct a sub-base for the proposed roadway in accordance with the plans, specifications and/or as directed by the Engineer. CONSTRUCTION DETAILS In the area that will receive pavement, the Contractor shall strip, remove and dispose of, all asphalt, concrete and unsuitable material containing organic matter, such as muck, peat, organic silt, topsoil or grass, that is not satisfactory for use for pavement construction. Upon completion of the removal of the unsuitable materials to the satisfaction of the Engineer, the Contractor shall grade the area by cutting and filling as required. Any excess suitable excavated material shall be used for various backfilling operations. No additional payment will be made for re-handling of this material. In the event that during sub-base preparation operations additional fill is required to stabilize the sub-base and/or to achieve the specified grade, the Contractor shall import Clean Granular Fill as needed to accommodate this item. B. After the cutting and filling operation is completed, the Contractor shall fine grade and propedy compact the sub-base. The sub-base shall be compacted to 90% of maximum density within 3 pement of optimum moisture content in accordance with ASTM D 1557 Modified Proctor. C. The Engineer will be sole judge in determining if the sub-base is acceptable for placement of the subsequent courses. The Contractor shall not continue until he has received approval by the Engineer. D. Existing drainage castings shall be adjusted to the proposed grades with concrete bricks and mortar (if applicable). METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of pavement sub- base preparation. All costs for pavement sub-base preparation shall be included within the payment as defined in the Proposal Form of the specification. END OF SECTION 02722 - PAVEMENT SUBBASE PREPARATION Long Creek Drainage Retrofit Projects N-29 SECTION 02723 RECYCLED PORTLAND CEMENT CONCRETE AGGREGATE BASE COURSE WORK INCLUDED This work includes furnishing and installing a Recycled Portland Concrete Cement Aggregate (RCA) base course over an approved sub-grade to the depth, lines and grades where shown on the plans and/or as directed by the Engineer. MATERIALS A. The Recycled Portland Cement Aggregate (RCA) material shall conform to the provisions of the Standard Specifications Construction and Materials of the New York State Department of Transportation of January 2, 2002 (metric units). B. The Contractor shall perform and submit laboratory analysis to verify conformance of this material. Test results shall be submitted to the Engineer pdor to acceptance of this material. The cost for all laboratories testing of the material shall be borne by the Contractor. CONSTRUCTION DETAILS Upon approval of the compacted soil sub-base by the Engineer, the Contractor shall furnish, place and compact the recycled concrete aggregate to the specified lines and grades. Tolerance of the compacted RCA base course shall be plus/minus ¼ inch. METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of Recycled Portland Concrete Cement Aggregate (RCA) base course. All costs for Recycled Portland Concrete Cement Aggregate (RCA) base course shall be included within the payment item as defined in the Proposal Form of the specification. END OF SECTION 02723 - RECYCLED PORTLAND CEMENT CONCRETE AGGREGATE BASE COURSE Long Creek Drainage Retrofit Projects N-30 SECTION 02740 ASPHALTIC CONCRETE PAVEMENT WORK INCLUDED A. This work includes furnishing all labor, materials, equipment, and incidentals necessary to construct new asphaltic concrete pavement for the proposed roads and parking fields in accordance with the plans and specifications and as directed by the Engineer. B. The Hot Mix Asphalt material shall conform to the provisions of the Standard Specifications Construction and Materials of the New York State Department of Transportation of January 2, 2002 (metric units). REFERENCE STANDARDS In addition to complying with all pertinent codes, regulations, and specifications comply with the referenced or applicable portions of the provisions of the Standard Specifications Construction and Materials of the New York State Department of Transportation of January 2, 2002 (metric units). MATERIALS A. Tack Coat - The bituminous tack coat shall meet all requirements the New York State Department of Transportation Standard Specifications of January 2, 1995 for Item 407.01 Tack Coat. B. Asphalt Concrete-Type 3 Binder Course - The asphalt concrete binder course shall meet all requirements the New York State Department of Transportation Standard Specifications, January 2, 2002, Section 403 Hot Mix Asphalt (HMA) Pavements for Municipalities. C. Asphalt Concrete-Type 6F Top Course - The asphalt concrete top course (High Friction) Marshall Design shall meet all requirements the New York State Department of Transportation Standard Specifications, January 2, 2002, Section 403 Hot Mix Asphalt (HMA) Pavements for Municipalities. INSTALLATION A. All Construction Details requirements of the New York State Department of Transportation Standard Specifications of January 2, 2002 shall apply except as herein modified. B. No asphalt concrete courses shall be place prior to Engineer's acceptance of the base course. C. Tack coat shall be applied to curb faces abutting proposed asphalt concrete pavement immediately prior to placement of the new pavement. Long Creek Drainage Retrofit Projects N-31 D. Existing asphalt placement to be resur['aced shall be machine swept by the Contractor prior to the placement of the new pavement. It shall be the Contractor's responsibility to insure that the pavement is thoroughly clean, free of all mud, dust and other loose material, and to the satisfaction of the Engineer, immediately prior to the application of the bituminous mixture. All loose material shall be removed with power operated sweepers and/or hand brooms as may be required and trucked from the construction site to the disposal areas approved by the Engineer. Immediately prior to asphalt resurfacing the Contractor shall apply a tack coat over the existing asphalt pavement. E. The asphalt concrete courses shall each be laid down in one lift, to the compacted depth, as shown on the plans. METHOD OFMEASUREMENT The Contractor shall not receive separate payment for the cost of asphaltic concrete pavement. All costs for asphaltic concrete pavement shall be included within the payment item as defined in the Proposal Form of the specification. END OF SECTION 02740 - ASPHALTIC CONCRETE PAVEMENT Long Creek Drainage Retrofit Projects N-32 SECTION 02772 - CONCRETE CURB WORKINCLUDED A. Under this Item, the Contractor shall construct a conventionally formed concrete curb in accordance with the Details, Specifications and/or as directed by the Engineer. B. The construction of the concrete curbs shall meet the requirements of the New York State Department of Transportation Standard Specifications of January 2, 2002, as amended for Section 609 Conventionally Formed or Machine Formed Concrete Curb except as herein modified. MATERIALS A. The materials shall meet the requirements of the specification contained in ACI 318 "Building Code Requirements for Reinforced Concrete". B. The material requirements and composition shall comply with the Specifications for Class "A" concrete in Section 501 - Portland Cement Concrete - General. Concrete shall be proportioned in accordance with the aggregate weights specified for Class "A" concrete in Table 501-3, Concrete Mixtures. C. The concrete cement shall have a minimum compressive strength of 3,500 psi at 28 days. CONSTRUCTION DETAILS A. The curb shall be conventionally formed to the size and shape shown on the Details or as directed by the Engineer. B. Curbs shall not be poured monolithic, ally with other structures unless otherwise directed by the Engineer. C. Castinq Segments - Curb shall be cast in segments having a uniform length of approximately 20 feet. Segments shall be separated by contraction scoring. Contraction scoring shall be 1/4" wide x 1" deep - '~/" shaped. D. Expansion Joints - Expansion joints 3/4 inch in width shall be formed with "Pre- molded Resilient Joint Filler", Section 705-07 placed at twenty (20) foot intervals as shown on the Plans and specified by the Engineer. The filler matedal shall be cut 1/4" below top of the curb. E. Forms - Forms shall be steel or wood, straight, free from warp, and of such construction that there will be no interference to inspection for grade or alignment. All forms shall extend for the full curb depth and shall be braced and secured adequately so that no displacement from alignment will occur during placing of concrete. Long Creek Drainage Retrofit Projects N-33 Handlinq and Placinq Concrete - Concrete shall be placed in the forms in accordance with the applicable requirements of Section 555-3.04 and shall be compacted with an approved, immersion type mechanical vibrator. The vibrator shall be of the size and weight capable of thoroughly vibrating the entire mass without damaging or misaligning the forms and shall be approved by the Engineer. Forms shall be left in place for 24-hours or until the concrete has sufficiently hardened, as determined by the Engineer, so that they can be removed without injury to the curb. Upon removal of the forms, the exposed faces of the curb shall be immediately rubbed to a uniform surface. Rubbing shall be accomplished by competent finishers. No plastering will be permitted. G. Concrete Curing - Curing of the curb shall comply with the requirements of Section 502-3.11, Curing. Minimum curing periods for the various types of curing materials used shall comply with the requirements of Table 502-3. H. Protection - The Contractor shall keep the curb clean, aligned and protected from damage until final acceptance of the work. Any curb damaged prior to the final acceptance of the work shall be repaired or replaced at the Contractor's expense. METHOD OF PAYMENT All costs for concrete curb shall be included within the payment item as defined in the Proposal Form of the specification. END OF SECTION 02772 - CONCRETE CURB Long Creek Drainage Retrofit Projects N-34 SECTION 02900 - BEACH GRASS PLANTING DESCRIPTION The Contractor shall furnish labor, equipment and materials necessary to complete the beach grass planting within the indicated planting areas in accordance with the plans and specifications and as directed by the Engineer MATERIALS Plants shall be Cape American Beach Grass (Ammophilia brevili.qlata 'Cape') or approved equal. The plants shall be complete with NYS Certified Field Inspection Tag and each plant will be comprised of 3 to 5 culms. All plant material shall be true to name and size in conformity with the following standard: Hortus Third. 1976. Revised and expanded by the staff of the Liberty Hyde Bailey Hortorium, New York, NY: Macmillan Publishing Co. PLANT MATERIAL AND INSTALLATION They shall be sound, healthy and vigorous, of uniform growth, typical of the species and variety, well-formed, free from irregularities. This strain of beach grass should not be planted in the summer. Fertilize in the spring with 80 pounds of inorganic nitrogen fertilizer per acre as approved by the engineer. Plants shall have well-established roots and be planted bare root by hand. The spacing shall be a minimum of 12" on center over the disturbed areas resulting from the installation of the sanitary and drainage field installation. Planting shall be in staggered rows. Delivery: All plants shall be packed, transported, and handled with the utmost care to ensure adequate protection against injury. Plants with broken, cracked or damaged will not accepted and the plant material shall be replaced at no extra cost to the Town. Any inspection certificates required by law shall accompany each shipment invoice. Inspection: The contractor shall plant no plant material until it is inspected and approved by the Engineer at the site of the project. The Engineer shall be the sole judge of the quality and acceptability of the materials. All rejected material shall be immediately removed from the site and replaced with acceptable material at no additional cost. Long Creek Drainage Retrofit Projects N-35 MAINTENANCE: At the time of planting, the soil around each plant shall be thoroughly saturated with water, and as many times later as seasonable conditions require, until final acceptance of the plant materials. Maintenance shall include watering, weeding, cultivating, control of insects, fungal infections, and other diseases by means of spraying with an approved insecticide or fungicide, pruning, and other horticultural operations necessary for the proper growth of all plants, and for keeping the entire area within the contract limits neat in appearance until the final acceptance and completion of the whole work of this contract. The maintenance schedule for the beach grass plantings shall continue for a period of time not to be less than 1 year or until such time as to become fully established and has begun to spread such that the occurrence of weeds is non-existent or incidental to the plantings. MEASUREMENT AND PAYMENT The quantity of beach grass planting to be paid for under this item (#12) shall be the number of plantings (plugs) as required by the contract drawings, which have been fertilized and maintained satisfactorily in accordance with the plans, specifications and directions of the Engineer. The price bid shall include all labor, materials, equipment, and the performance of all operations and work necessary to complete the beach grass plantings in conformity with the plans and specifications. END OF SECTION 02900 - BEACH GRASS PLANTING Long Creek Drainage Retrofit Projects N-36 SECTION 02911 - TOPSOIL DESCRIPTION The contractor shall furnish all labor, materials, equipment and incidentals necessary for hauling, stockpiling, testing, placing, grading, and compacting of topsoil in accordance with the Specifications, Engineer and as indicated on the Contract Drawings. SUBMITTALS Contractor shall submit test results for all mechanical and chemical properties of the topsoil to be delivered to the site MATERIALS Topsoil shall be the surface layer of soil with no admixture of refuse or material toxic to plant growth and shall be free from subsoil, stumps, roots, brush, stones, clay, lumps or similar objects larger than 2" in greatest diameter. The organic content shall not be less than 5% or more than 20% as determined by loss on ignition of moisture free samples dried at 100 degrees. B. The pH of the topsoil shall be between 5.5 and 7.6. C. All topsoil shall meet the following mechanical analysis: Percent Passin,q 1" Screen 100 ¼ Screen 65-90 No. 100 mesh 20-80 No. 200 mesh 20-80 No more than 60% of the material passing the No. 100 mesh sieve shall consist of clay, as determined by the Bouyocous Hydrometer or by the decantation method. All percentages shall be based on dry weight of samples. CONSTRUCTION DETAILS No topsoil shall be spread until the sub-grade elevations and the topsoil have been approved by the Engineer. All equipment tracks, depressions, etc., shall be graded smooth. The topsoil shall be uniformly compacted. Long Creek Drainage Retrofit Projects N-37 METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of topsoil. All costs for topsoil shall be included within the payment item defined in the Proposal Form of the specification. END OF SECTION 02911 - TOPSOIL Long Creek Drainage Retrofit Projects N-38 SECTION 02920 - HYDROSEED DESCRIPTION The Contractor shall furnish all labor, materials, equipment and incidentals necessary to apply hydmseeding, amend the soil and establish an acceptable stand of grass as specified, shown on the Contract Drawings and as approved by the Engineer. SUBMITTALS The Contractor shall submit to the Engineer all items described in subsequent sections as outlined by the following schedule: A. Prior to hydroseeding material delivery to the project site: 1. Certified seed mixture. 2. Certified soil amendments, i.e. fertilizer, lime, peat moss, etc. as required per Agricultural Laboratory recommendations. The Contractor shall submit the report to the Engineer. 3. Certified wood fiber mulch. B. Upon completion of hydroseeding: 1. Maintenance instructions for Owners maintenance after final acceptance. 2. Statement of warranty (1 year maintenance) MATERIALS A. The seed mixture should be as follows and applied at a rate of 300 pounds per Acre: 70% Red Fescue (Festuca Rubra) 15% Affinity Perennial Ryegrass 15% PS 8990 Perennial Ryegrass B. All fertilizer and lime shall be of commercial grade. C. A 100% wood fiber mulch binder should be incorporated into the seed mixture at a rate of eight (8) pounds mulch per one (1) pound of seed. D. The 100% wood cellulose fiber mulch requirements: Organic Matter Ash Content pH Water Holding Capacity binder should meet the following 98% _+2% 1.4% 6_+2 90% minimum Long Creek Drainage Retrofit Projects N-39 CONSTRUCTION DETAILS A. Any existing vegetation determined by the Engineer to be unsuitable shall be removed by the Contractor pdor to installing jute or erosion control mat. B. Seeding shall be done between April 15t~ to June 15th or September 1st to November 15~h. C. Soil amendments shall be granular type incorporated into the top three inches of soil. The Contractor may utilize liquid type with manufacturer's cedification and Engineer's approval. D. The manufacturer's representative and/or installation guidelines should be consulted for more specific installation guidelines. E. Seeding: Every effort shall be taken to obtain a uniform distribution over the seeded area. The hydroseeder shall have continuous agitation action that keeps the seed mixed in the water slurry until pumped form the tank and the pump pressure shall be maintained such that a continuous pump pressure shall be maintained such that a continuous non-fluctuating stream is maintained. If distribution of hydroseeding is not uniform, the affected area shall be re-seeded at the Contractor's expense. The seed-fertilizer mixture shall be used within 4 hours of adding the seed to the tank. Seed that is allowed to remain mixed with the fertilizer for longer than 4 hours will not be accepted for ruse and no compensation will be made for seed so rejected. F. Maintenance of Grass: The Contractor shall maintain the seeded area without additional payment until a uniform stand of grass approximately two and one- half (2-1/2) inches high has been obtained. Any areas that have been damaged or fail to show a uniform stand of grass shall be re-fertilized and re- seeded with the original mixture at the Contractor's expense until all the designated areas are covered with grass. The Contractor shall properly water, protect if necessary, the areas until a satisfactory stand is obtained. G. When any portion of the surface becomes gullied or otherwise damaged, or when treatment is destroyed, the affected portion shall be repaired to re- establish condition and grade of soil and treatment prior to injury as directed at no additional cost to the Owner. Repair work required because of faulty operations (delays) or negligence on the part of the Contractor shall be performed without additional cost to the Owner. The Contractor shall make any repairs as directed by the Engineer before final acceptance. METHOD OFMEASUREMENT The Contractor shall not receive separate payment for the cost of hydroseed. All costs for hydroseed shall be included within the payment item as defined in the Proposal Form of the specification. END OF SECTION 02920 - HYDROSEED Long Creek Drainage Retrofit Projects N-40 MAP ~ ~ SCTM #: ~ ~ 1000 '55 - 03 - XX Proposed: . ' !' ~ Water Quah,t.y & Drainage ~ATE.' ~CA--~.' -- ~ ~ ; '~' November22,2012 AS NOTED ~roject ~ -'~ ~ ~---~-~ Long Creek Drive & LaurelAve. ~ ~$~ ~~ Southold, New York 11971 ~ Drawn: ~ ~ ,~0., ~.,....d, .o.t.o,d,..~. 1~.. ]a~es ~. ~c~e~, ~.~. EXISTING WATER MAIN ~ Line , SCTM #: 1000-55-04-5 Provide Continuous line of Hay Bale 12 \ 10 130' (+/-) 12 / to be Off-set by SCWA ~ & Silt Fencing where shown. ~\ I to M.H.W. ll0 ~ Maintain Throughout the Project. ~ ! ~ . J ={,mTm~ r'H.W=DT (See Sheet B-1 for additional ~ ~ ......... ~'~" ~ ~ ~1 ~ ~[ ~ ~ ~RUCTURES & OUTFALL PIPE ~ de~,s.) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~O REMAIN. ~Uae ~ ~ ~ -- ~ ...... . ~~ //~ E~lSTINOOuardRadtoboremoved ........... - ....... ~ . !X~~ ~ ~ an~replacedaflernewlnstallafion. L NEW Catch Basin I Leaching Pools ~ ~ ~~ SCTM ~. (8 D~a. x 8 Deep) ~ ' //~'~ ~...f PVC Drainage Pipe Be~een Bas ns - The Contractor shall Remove what is left of the existing ~ / / / i Meal Inlet Structure / Foundation. The installation of a ~ / / / , ~. EXISTING WOOD GUARD ~IL TO BE Tempora~ Cofferdam around the Inlet Structure shall . /' ~ ~n ~ / / REMOVED ~ be required as needed to complete the installation of ~ / " ~ ~ RE-USE DAMAGE BY THE t the New Concrete Inlet (See Details - Project ~ 1' ~ //' J t ' AIRFfl . - · -- ~ CONT~CTOR SHALL BE REP ....... Sheet A-1 for Additional Notes) Under cu~ent /_. , t ~ ~=~.~ ~v environmental conditions, de-watering is not / * / J AS REQUIRED during heavy rainfall events. -- xN~ __ ~ II Il. / / / _.o~o~,O,~'"~ i i~ / / / / / ~,.~o~~ ~ ~ ~ ~ 'X ~'~'~' ./ / - / / Inecessary at this time but may bec°me an issue ?~ .ff~/' / /./ ' SCTM #: 1000-55-04-22 SCTM #: X 1000-55-04-21 EXISTING CULVERT INLET STRUCTURE TO BE REPLACED (See Details - Project # 1: Sheet A-l) EXISTING POND - DRAINAGE EASEMENT AREA SCTM #: 1000-55-04-7 PROJECT NOTE: CONTOURS WERE TAKEN FROM FIELD MEASUREMENTS AND A TOPOGRAPHIC MAP ENTITLED SUFFOLK COUNTY FIVE EASTERN TOWNS. SITE PLAN SCALE: 1" = 30.0' SCTM #: 1000-55-04-25.3 Drawing: PROJECT #: I SP-1 Sheet # I of 2 NOTE: SAW CUT OPENING AS NEEDED OR REQUIRED TO ACCOMMODATE NEW CONNECTIONS TO EXISTING OUTFALL PIPE. (HamrneHng or Busting/Breaking of Coflcret~ Pipe Section Will not be Allowed.) NEW 21' ADS PIPE EXTENSION TO PROJECT NOTE: THIS NEW CONCRETE IN~ SECTION HAS THE SAME BASIC DIMENSIONS OF THE EXISTING METAL INLET SECTION. DUE TO THE ACCELERATED CORROSION OF THE EXISTING METAL STRUCTURE, THE REPLACEMENT STRUCTURE WILL BE MADE FROM A NEW 21 ' ADS PIPE EXTENSION TO P~OVIDE 3/4' Dlamete~ WEEP HOLES SECTION VIE,~.W,.,... PLAN VIEW NEW CULVERT INLET REPLACEMENT STRUCTURE GRASS SHOULDER AREA. I~fPICAL GRADE 8" THICK PRECAST CONCRETE TRAFFIC BEARING SLAB. PRECAST CONCRETE LEACHING RING. GROUNDWATER 1 0 C~ [] ~ ~ EXISTING ASPHALT ]l~{~t~r~l~ ~ I~ ROAD SURFACE. ] ~ {~ {~ {~] {~ -- GRAYEL PILL. CLEAN SAND & GRAVEL FILL. 8'-0"' Dia. -- 12-TRAFFIC BEARING PVC CROSS OVER DRAINAGE PIPE. TYPICAL BETWEEN ALL LEACHING POOLS AS SHOWN. INVERT TO BE SET 18" BELOW TRAFFIC BEARING SL~I. LEACHING POOL SECTION DETAIL "A" AREA. TYPICAL ASPHALT TIP~JP CURS GUI~ER. Typical 8' DIAMETER x 8' DEEP PRECAST CONCRETE LEACHING RING. 8" THICK PRECAST CONCRETE TRAFFIC CAST IRON INLET GRATE & FRAME. Top of Gra~e to be Set at 3" below existing asphalt pavement. NEW ASPHALT TIP-UP CURB & GUTTER PAVEMENT. - (4' Thick) LINE OF EXISTING ASPHALT ROAD. LEACHING POOL PLAN DETAIL Drawing: PROJECT #: I A-1 Sheet # 2 of 2 SCTM #: 1000-55-03-31 Long Creek. / Long......._ ~Creek~ ~ ~ ~ ~ ~ ~IS~NG EROSION SWALE TO BE GLARED ~ ~ ~ ) ' ~/ Provide Ne Rip-~p Fill Set on Non Woven ~ ~ ~ ~ ff -- ~ Fi~er Cloth. Typ. at ~isflng Erosion Swa~. ~ - Provide line of Hay Bale & Silt Fencing as Sho~. Maimaln Thmugho~ * ~ISTING ASPHALT PAYMENT TO REMAIN. / NEW INLET CATCH BASINS. Typ each side. / ~% .%~ CONT~CTOR SHALL BE REP~CED AT HIS SCTM ~: SCTM PROJECT NOTE: CONTOURS WERE TAKEN FROM A TOPOGRAPHIC MAP ENTITLED SUFFOLK COUNTY FIVE EASTERN TOWNS. LONG CREEK DR. DEMOLITION PLAN SCALE: 1" = 40.0' PROJECT NOTE: CONTOURS WERE TAKEN FROM A TOPOGRAPHIC MAP ENTITLED SUFFOLK COUNTY FIVE EASTERN TOWNS. DRAINAGE SITE PLAN SCALE: 1" = 40.0' Drawing: PROJECT #-- 2 SP-2 Sheet # t of 3 PROVIDE NEW RIP4U~ ON NON-WOVEN FILTER CLOTH. TYPICAL AT LOCATION OF ASPHALT TIP UP GU1TcR AT NEW ROAD END SECTION. -- EX]STING ASPHALT ROAD SECTION TO REMAIN, -- LINE OF HAY BALE & SILT FENCING TO BE MAINTAINED THOUGHOUT CONSTRUCTION. SEE SITE PLAN PROVIDE 6" RIP RAP (2 CY +1-) AT PIPE END SECTION. NEW 12' DIAMETER OUI~ALL PIPE WITH CONCRETE HEADWALL and/or PIPE END SEC~ON. AS APPROVED BY THE ENGINEER. DRAIANGE PLAN DETAIL SCALE: 1116' = 1'4)" FLOW ::~ r BEDDING DETAIL FLOW ~ BOUND HAY BALES PLACED ON CONTOUR 2 RE~S: STEEL PICKETS OR DRIVE STAKES FLUSH WITH TOP OF HAY BALES. ANCHORING DETAIL STRAW BALE DIKE DETAILS PERSPECTIVE VIEW 36" MINIMUM 2x2 FENCE POST WOVEN WIRE FENCE -- (6x6 - lo/.to wwF) ~ FILTER CLOTH ~-op~ TAIL DETAILS SECTION DETAIL SILT FENCE -- TOPSOIL & SEED. TYP. 8' Diame~ PRECAST CONCRETE TRAFFIC BEARING SLAB. NEW CAST IRON COVER & FRAME. INLET ELEVATION TO BE SET 3" BELOW EXISTING ASPHALT ROAD SURFACE. NEW 12' DIAMETER PVC OUTFALL PIPE BETWEEN LEACHING POOL & HEADWALL. NEW REINFORCED CONCRETE HEADWALL and/or PIPE END SECTION. TOP OF SWALE - ELEVATION 18' (+/-) -- NEON 12" DIAMETER CROSSOVER PIPE BETWEEN LEACHING POOLS. -- NEW 8' DIAMETER PRECAST CONCRETE LEACHING RINGS. TYPICAL -- PROVIDE 6' RIP RAP (2 CY +1-) AT PIPE END SECTION. NEWDRAINAGESWALE- 1:3 SIDESLOPE,(TYP.) PROVIDE SLOPE STABILIZATION VEGETATION WITH TALL FESCUE IN ACCORDANCE WITH STANDARD PRACTICE BOTFOM OF SWALE - ELEVATION 13 (+/-) CLEAN SAND & GRAVEL FILL. lllt~l~lll~lrll ~lil~lll~ 8'~)" Dia. 4'~' (+1-) Typ* LEACHING POOL SECTION DETAIL "B" Drawing: PROJECT #: 2 B-1 Sheet # 2 of 3 50' - 0' Right,of-Way 13'-0" +1- RoadShoulderAma (WlclthVarles) 24' - 0' AsphaN Road (Approximate Average Wid/h) APPROXIMATE LINE OF EXISTING ASPHALT ROAD SURFACE IR FOREGROUND. CAST IRON SOLID COVER & FRAME CEHTERED OVER OUTFALL PIPE. 13'-0" +/- RoadShoulderAma (WIdthVades) GRADE CLEAN SAND & GRAVEL FILL. IIII1~1111~1111~11111 ~1111~1111~ 8'-0" Dia. 4"0# (+1') Typ. -- 8" THICK PRECAST CONCRETE TRAFFIC BEARING SLAB, 8' DIAMETER PRECAST CONCRETE LEACHING RING. GRAVEL FILL IAMETER TRAFFIC BEARING PVC CROSS OVER DRAJNAGE PIPE. TYPICAL BETWEEN ALL LEACHING POOLS AS SHOWN. LEACHING POOL SECTION DETAIL "A" Drawing: PROJECT #: 2 B-2 Sheet # 3 of 3 PROJECT NOTE: // CONTOURS WERE TAKEN FROM A / //' TOPOGRAPHIC MAP ENTITLED SUFFOLK Lon- Creek / // COUNTY FIVE EASTERN TOWNS. ~.. I k / / / ~ ~ NOTE: Provide line of Hay Bale ~ & Silt Fencing where needed. ~ Maintain Throughout the / ~ Proje~ LIMITS OF CONSTRUCTION SHALL -,.,-. ~.-,.~ o.=~'~~ OF NATU~L VEGETATION _ I - ~ "e~ ~ SCTM #: 1000-55-04-10 SCTM #: 1000-55-04-11 DRAINAGE SITE PLAN SCALE: 1" = 40.0' I Drawing: PROJECT #: 3 SP-3 Sheet # t of 3 PROJECT NOTE: LIMITS OF CONSTRUCTION SHALL MINIMIZE CUTTING OR CLEARING OF NATURAL VEGETATION. LONG CREEK DRIVE DRAIANGE P, LAN DE~A!~ SCALE: 1/8 = 1 -0 ~ Drawing: PROJECT #: 3 8 NEW ASPHALT PAVEMENT* PATCH & REPAIR AS NEEDED TO MEET HIGHWAY SPECIFICAITONS PRO¥1DE NEW 12' HIGH CMU RISER TO SUPPORT NEW CAST IRON CURV INLET. NEW 8' DIAMETER PRECAST -- CONCRETE LEACHING RINGS. TYPICAL NEWASPHALT PAVEMENT. PATCH & REPAJR AS NEEDED TO MEET HIGHWAY SPECIF]CA]TONS APPROXIMATE UNE OF EXISTING ASPHALT PAVEMENT TO BE SAW*SUT AND REMOVED. -- GROUND WATER NEW ~1' x 48' CAST IRON CURB INLET GRATE & FRAME, INLET ELEVATION TO BE SET 3' BELOW EX~STING ASPHALT ROAD SURFACE* NEWt2' DIAMETER ADS OUTFALLPIPE. -- PRO~DE(+I-1CY.)6'STONE ~P-RAPAT ~PEERD SECTION. EXISTING CATCH BASIN / OUTFALL SECTION DETAIL "A' TOPSOIL & SEED. Typ. SOLID, PRE-CAST CONCRETE COVER BELOW GRADE. NEW 8' DIAMETER PRE~:AST CONCRETE TRAFFIC BEARING SLAB. CLEAN SAND & GRAVEL FILL. LEACHING POOL SECTION NEW 12' DIAMETER PVC CROSS4~)VER PIPE BETWEEN LEACHING POOLS. DETAIL "B" GRADE , EII NEW 8' DIAMETER PRECAST CONCRETE LEACHING RINGS. TYPICAL ~C.,Uc^~RB DETAI~ Drawing: PROJECT #: 3 C-2 Sheet # 3 of 3 Southold Town Board - Letter Board Meeting of March 13, 2012 RESOLUTION 2012-247 ADOPTED Item # 5.35 DOC ID: 7701 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-247 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13, 2012: RESOLVED the Town Board of the Town of Southotd hereby authorizes and directs the Town Clerk to advertise for bids for the installation of three drainage projects for Long Creek Drive and Laurel Avenue, Southold. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Generated March 14, 2012 Page 63 03/26/2012 Page: 1 License Type/Fee Type License # Bid Specifications & Fees 1 (Drainage Project ~ 2012) Bid Specifications & Fees (Drainage Project - 2012) Bid Specifications & Fees (Drainage Project - 2012) Bid Specifications & Fees (Drainage Project - 2012) Bid Specifications & Fees (Drainage Project - 2012) Bid Specifications & Fees (Drainage Project - 2012) Bid Specifications & Fees (Drainage Project - 2012) Bid Specifications & Fees (Drainage Project - 2012) 6 7 8 Town of Southold General Licensing Report For Fee Type: Drainage Project - 2012 Date Range: 03/01/2012 to 03/26/2012 Issue Date/ Expiration Date Licensee 03/22/2012 SPC, Landscaping 895 Stillwater Ave Cutchogue, N Y 11935 Qty~otal Notas 1.00 $25.00 03/23/2012 (631) 774-9948 Albrecht, Earthwork 5665 Main Rd Mattituck, NY 11952 1.00 $25.00 03/26/2012 (631) 298-5300 Delalio, S F A 224A North Main St Southampton, NY 11968 1.00 $25.00 03/26/2012 (631) 283-0037 PSL, Industries Inc. 640 6th Street Ronkonkoma, NY 11779 1.00 e-mail address pslind@optonfine,net $25.00 03/26/2012 (631) 738-0595 G&m, Earth Moving Inc 345 EIIswor~h Street Holbrook, NY 11741 1.00 $25.00 03/26~012 (631) 567-0120 Corezzini, Asphaltlnc Box 1281 Cutchogue, NY 11935 1.00 $25.00 03/26/2012 (631)734-5600 Kurass, Norman 264 Atlantic Ave E Patchogue, NY 11772 1.00 $25.00 03/26/2012 (631)286-9022 Laser, Industries Inc Po Box 315 Ridge, NY 11961 1.00 $25.00 (631) 924~0644 Quantity Sub Total: Amount Sub Total: 8 $2O0.00 Quantity Grand Total: 8 Amount Grand Total: $200.00