Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Drainage Retrofit Projects
· ~l~.~ RESOLUTION 2012-329 ADOPTED 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 Attorney. 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 ORIGINAL AGREEMENT THIS AGREEMENT, entered into this,27 day of , 20jc2, by and between the Town of Southold, New York ("the Town"), a municipal corporatiort organized and existing under the laws of the State of New York with offices at 53095 Main Road, Southold, New York, and Terry Contracting(the"Contractor"), with an address of 1146 Osborn Avenue, Riverhead, NY 11901; WITNESSETH, that the Town and the Contractor, for the consideration hereinafter named, agree as follows: ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR The Contractor shall perform the following: 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 projects will include but not be limited to: General Conditions and Mobilizations, Erosion and Sediment Control, Site Excavations, Site Demolition, Clearing and Removals, Installation of 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. In the event that any item needed or required for a complete installation is not specifically identified by the contract or the attachments, the Contractor shall be required to complete the work to industry standards. Written Change Orders must be submitted prior to the work being done on any item when additional compensation is requested. The above mentioned shall be performed in accordance with attached plans entitled Long Creek Hashamomuck Pond Watershed Drainage Retrofit Projects — the installation of three new drainage projects for long creek drive & laurel avenue, Southold, drawn by Southold Town Engineering Department, dated March 13, 2012 as approved by James A. Richter, a copy of which is attached hereto and made a part hereof. ARTICLE 2. TIME OF COMPLETION The services to be rendered under this Contract shall be completed no later than sixty (60) working days from date of contract. Time of performance is of the essence of this Agreement. ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the Contract has been fully performed at each of three project locations and an inspection by the Town Engineering Department to certify that the work has been completed to the satisfaction of the Town, the Contractor shall file with the Town Comptroller an itemized voucher and the Town will pay the Contractor for each of the three (3) completed projects as itemized in the bid proposal with a total not to exceed Sixty Thousand Nine Hundred `Ei0,900.00) Dollars. Partial payments for a completed project will be accepted. ARTICLE 4. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this Contract until it has obtained all insurance required by Bid Specifications and/or under this paragraph (whichever is greater) and such insurance has been approved by the Town. (a) Compensation Insurance: The Contractor shall take out and maintain during the life of this Contract Workers' Compensation Insurance for its employees to be assigned to the work hereunder. (b) Insurance: The Contractor shall take out and maintain during the life of this Contract such general liability, property damage, and commercial auto liability insurance as shall protect it from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract. The amounts of such insurance shall be as follows: General liability insurance in an amount not less than $1,000,000 for injuries, including wrongful death to any one person and subject to the same limit for each person, in an amount not less than $2,000,000 on account of any one occurrence. Property damage insurance in an amount not less than $300,000 for damage on account of all occurrences. Commercial auto liability insurance in an amount not less than $500,000 for damage on account of all occurrences. The Contractor shall furnish the above insurances to the Town and shall also name the Town as an additional named insured in said policies. (c) Any accident shall be reported to the office of the Town Clerk as soon as possible and not later than twenty-four (24) hours from the time of such accident. A detailed written report must be submitted to the Town as soon thereafter as possible and not later than three (3) days after the date of such accident. ARTICLE 5. BONDS Prior to the execution of this Agreement, the Contractor shall furnish to the Town a Performance Bond wherein the named obligee is the Town. The performance bond's purpose is to secure the faithful performance of the agreement. The Bond amount shall be Sixty thousand nine Hundred 60 900. Dollars. The bond shall be executed by a surety company approved by the Town, authorized to do business in the State of New York and with an office or representative in Suffolk County, New York. The form shall be acceptable to the Town and shall have a term through the completion of services. As an alternative to the Performance Bond, the Contractor may furnish a certified check, bank draft, money order, or a standard form irrevocable letter of credit. Certified check, bank draft or money order must be made payable to the order of the Town. The standard form irrevocable letter of credit shall be in a form acceptable to the Town. In the event the Contractor secures a Performance Bond from any of its subcontractors, said bond shall also name the Town as a dual obligee. In the event the Contractor fails to perform its obligations under this Agreement, the Town may terminate such agreement, and the Town may procure the services from other sources and hold the Contractor responsible for any excess costs incurred and deduct from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. ARTICLE 6. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That it is financially solvent and that it is experienced in and competent to perform the type of work or to furnish mechanical maintenance dredging to be furnished by it; and (b) That it is familiar with all federal, state, municipal and department laws, ordinances and regulations which may in any way affect the work or those employed therein. ARTICLE 7. PERMITS AND REGULATIONS The Contractor shall comply with all permits issued to the Town in connection with the services furnished under this Agreement. ARTICLE 8. TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT The Town shall have the right to stop work or terminate the Contract if: (a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors; or (b) A receiver or liquidator is appointed for the Contractor or for any of its property and is not dismissed within 20 days after such appointment or the proceedings in connection therewith are not stayed on appeal within the said 20 days; or (c) The Contractor refuses or fails to prosecute the work or any part thereof with due diligence; or (d) The Contractor fails to make prompt payment to persons supplying labor for the work; or (e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or (f) The Contractor is guilty of a substantial violation of any provision of this Contract; (g) The Town's execution and participation in this contract is found to be in violation of an existing collective bargaining agreement. (h) In any event, the Town, without prejudice to any other rights or remedy it may have, may, with our without cause, by seven (7) days' notice to the Contractor, terminate the employment of the Contractor and its right to proceed as to the work. In such case, the Contractor shall not be entitled to receive any further payment beyond what owed in quantum meruit. ARTICLE 9. DAMAGES It is hereby mutually covenanted and agreed that the relation of the Contractor to the work to be performed by it under this Contract shall be that of an independent contractor. As an independent contractor, it will be responsible for all damage, loss or injury to persons or property that may arise in or be incurred during the conduct and progress of said work,whether or not the Contractor, its agents, or employees have been negligent. The Contractor shall hold and keep the Town free and discharged of and from any and all responsibility and liability of any sort or kind. The Contractor shall assume all responsibility for risks or casualties of every description, for loss or injury to persons or property arising out of the nature of the work, from the action of the elements, or from any unforeseen or unusual difficulty. The Contractor shall make good any damages that may occur in consequence of the work or any part of it. The Contractor shall assume all blame, loss and responsibility of any nature by reason of neglect or violation of any federal, state, county or local laws, regulations or ordinances. ARTICLE 10. INDEMNITY AND SAVE HARMLESS AGREEMENT The Contractor agrees to indemnify and save the Town, its officers, agents and employees harmless from any liability imposed upon the Town, its officers, agents and/or employees arising from the negligence, active or passive, of the Contractor and from and against any damages, claims, or expenses, including reasonable attorney's fees, arising out of Contractor's breach of the Agreement or from Contractor's acts or omissions outside the scope of the Agreement or arising out of claims or actions by third parties against Contractor by virtue of his performance of this Agreement. ARTICLE 11. NO ASSIGNMENT In accordance with the provisions of section 109 of the General Municipal Law, the Contractor is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Agreement, or of its right, title or interest in this Agreement, or its power to execute this Agreement, to any other person or corporation without the previous consent in writing of the Town. ARTICLE 12. REQUIRED PROVISIONS OF LAW Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to have been inserted herein. If any such provision is not inserted, through mistake or otherwise, then upon the application of either party, this Contract shall be physically amended forthwith to make such insertion. In particular, the Contractor shall, among other things, fully comply with: (a) Labor Law section 220-e and Executive Law sections 291-299 and the Civil Rights Law relating to prohibition against discrimination and providing equal opportunity. (b) Affirmative action as required by the Labor Law. (c) Prevention of dust hazard required by Labor Law section 222-a. (d) Preference in employment of persons required by Labor Law section 222. (e) Eight-hour workday as required by Labor Law section 220(2). ARTICLE 13. PREVAILING WAGE RATES REQUIRED BY LAW (a) The parties hereto, in accordance with the provisions of section 220(3) of the Labor Law, hereby agree that there shall be paid each employee engaged in work under this Contract not less than the wage rate and supplements set opposite the trade or occupation in which he/she is engaged, as listed on Exhibit A attached hereto and made a part of this Agreement, which are the wage rates and supplements established as the prevailing rate of wages for the work covered by this Contract. (b) Labor classifications not appearing on the schedule of wages can be used only with the consent of the Owner and then the rate to be paid will be given by the Owner after being advised by the Department of Labor. (c) The Contractor 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, for the various classes of mechanics, workingmen/women,or laborers employed on the work. ARTICLE 14. ARBITRATION Should any dispute arise between the Town and the Contractor regarding the manner or sufficiency of the performance of the work, the disputed matter shall be settled by arbitration in accordance with the laws of the State of New York. There shall be three arbitrators, one of whom shall be selected by each of the parties hereto, and the third by the two arbitrators so selected. If the selection of any arbitrator is not made within fifteen (15) days of the time that either party has notified the other of the name of the arbitrator it has selected, then the arbitrator or arbitrators not selected shall be appointed in the manner provided by the laws of the State of New York. The work shall not be interrupted or delayed pending such decision. ARTICLE 15. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Southold, at a meeting thereof held on December 15, 2009. Scott A. Russell, Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an Agreement on behalf of the Town. This instrument shall be executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the office of the Town Clerk, Elizabeth Neville. ARTICLE 16. NOTICES Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto: To Town: Elizabeth A. Neville, RMC, CMC Southold Town Clerk PO Box 1179 Southold, NY 11971 To Contractor: Terry Contracting 1146 Osborn Avenue Riverhead,New York 11901 ARTICLE 17. WAIVER No waiver of any breach of any condition of the Agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. ARTICLE 18. MODIFICATION This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. ARTICLE 19. APPLICABLE LAW This Agreement is governed by the laws of the State of New York. IN WITNESS WHEREOF, the Town of Southold has caused its corporate seal to be affixed hereto and these presents to be signed by Scott A. Russell, its Supervisor, duly authorized to do so, and to be attested to by Elizabeth A. Neville, Town Clerk, and the Contractor has caused its corporate seal to be affixed hereto and these presents to be signed by its President, the day and year first above written. Town of Southold (Seal of the Town of Southold) By: Attest: By: Scold A. Russell, Supervisor 2A& Elizab A. Neville, Town Clerk By: erry Contracti g STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: On this May , 2012, before me, the subscriber, personally appeared Scott A. Russell who, being by me duly sworn, deposes and says: That he is the Supervisory of the Town of Southold (the "Town"), the municipal subdivision of the State of New York named in and which executed the above and within Instrument; that he knows the seal of said Town and that the seal affixed to said Instrument is the seal of the Town; that it was so affixed by the order of the Town Board of the Town, and that he signed his name thereto by like order; And on the same day before me personally came and appeared Elizabeth A. Neville, Clerk of the Town of Southold, who, being by me duly sworn, deposes and says: that she is the Clerk of the Town; that she knows the seal of said Town; that it was affixed to said Instrument is the seal of the Town; that said Scott A. Russell is the Supervisor of the Town and that the signature on said instrument is the signature of said Scott A. Russell, as Supervisor. &11# No Public PER ANDALORO ry Public,State of New York No.02ANeo69246 STATE OF NEW YORK: Oualftd In Suffolk County CemmNekn E:xPl'"January 14,20 I b COUNTY OF SUFFOLK: ss.: On the/ Day of May in the year 2012 before me, the undersigned, a notary public in and for said state, personally appeared G - personally known to me or proved to me on the basis of satisfactory evidence to be the indiv ual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. NOTARY PUBLIC-STATE OF NEW YORK Notary Public No. 01 MC6055936 oa ry Qualified In Suffolk County My Commission Expires March 12, 2015 Copt-CR.ACT S�,T Invitation to Bid Long Creek Has muck Pond Watershed Drainage Retrofit Projects INSTALLATION OF THREE NEW DRAINAGE PROJECTS for Long Creek Drive & laurel Ave, Southold, New York 11971 Date: March 13, 2012 gUFFO[,� SOUTHOLD TOWN e ENGINEERING DEPARTMENT SOUTHOLD TOWN HALL,53095 MAIN ROAD,SOUTHOLD PROJECT DESCRIPTION This Project includes three(3)individual drainage control projects forthe 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. [765-31401 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(a)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 Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 5" April 2012 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 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. 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 furnish all labor,materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to supply all materials in strict accordance with the plans and specifications, and subject at all times to the approval of the 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 price 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 right to waive any technical error, to accept any bid, or to reject any or all bids. The Town will either award the project or reject all proposals received within forty-five(45)days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract as stipulated herein. 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 insufficientor 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 bidderwhose 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 A- 1 through A- 1 Instructions to Bidders B - 1 through B—2 Index to Specifications C - 1 through C - 1 Proposal Form D - 1 through D —3 Department of Labor Prevailing Wage Rates E - 1 through E—xx N.Y.S. Affirmative Action Certification F - 1 through F— 1 Offer of Surety G - 1 through G - 1 AIA Bid Bond AIA Document#A310 AIA Performance Bond - labor& Material Payment Bond AIA Document#A311 General Release H - 1 through H - 1 Non-Discrimination Clause I - 1 through I - 2 Form of Maintenance Bond J - 1 through J —2 AIA General Conditions AIA Document#A201 Supplementary General Conditions K- 1 through K—2 Statement of Non-Collusion L- 1 through L— 1 Compliance with the Labor Law & Other Dept. of Labor Regulations M - 1 through M -8 GENERAL SPECIFICATION REQUIREMENTS Project Specifications N - 1 through N -40 INDEX TO DRAWINGS Key Map Site Location Map ------------------------------------------------------------------------ SP-1 Site Plan— Project# 1 A-1 Sections & Details ------------------------------------------------------------------------ SP-2 Site Plan— Project#2 B-1 Plan Detail, Sections & Details B-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 PROPOSALFORM Date: NAMEof 72�RRY C0Ar RACT1,A16 f-AlA 6RMLSIZn/c_ BIDDER: //y6 OS86RAI AVEA/UC- Telephone: 6 31--7 2—] 71 /Vb g ll, f5 D N y //q 0 1 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 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 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 BL COMPLETED FOR THE //STIPULATED"LUMP SUM"/OF: (writteif in words) V191IR (writteh 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 COMPLETED FOR THE STIPULATED"LUMP SUM"OF: Aloe&r /l/rx�✓Yirt /DSrT(�, d!} (Aritten in words) (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 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"L UM P SUM"OF: 1'�1�o ;lcer✓ (octSArvd da/�LA rs / ; ✓V 00 (written in words) (written in numbers) Long Creek Drainage Retrofit Projects D-z 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: p Dated: Signature Bidders of Bidder: S Address: 11,V6 QS A(X Al qO 6, Telephone / Number: h 3r7a7 '� 1-7 d /�"1Vb ,eN�E)9 ' , AlL1 o/ Date: Long Creek Drainage Retrofit Projects 0-3 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION For Southold Town Highway Department Three Long Creek Drainage Retrofit Projects Located at Long Creek Drive & Laurel Avenue SOUTHOLD, New York 11971 Long Creek Drainage Retrofit Projects E-1 NE{yy� eA Andrew M.Cuomo,Governor 9s " d�$' Colleen C.Gardner,Commissioner MENIT Town of Southold Schedule Year 2011 through 2012 James A. Richter, R.A. Date Requested 03/06/2012 53095 Main Road PRC# 2012001984 P.O. Box 1179 Southold Town Hall Southold NY 11971 Location Long Creek Drive&Lauel Ave. Project ID# Project Type 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 8 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 1 st 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 1 st whether or not the new determination has been received by a given contractor. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the public work contractor to use the proper rates. If there is a question on the proper classification to be used, please call the district office located nearest the project. Any errors in the annual determination will be corrected and posted to the NYSDOL website on the first business day of each month. Contractors are responsible for paying these updated rates as well, retroactive to July 1 st. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. To the extent possible, the Department posts rates in its possession that cover periods of time beyond the July 1st to June 30th time frame covered by a particular annual determination. Rates that extend beyond that instant time period are informational ONLY and may be updated in future annual determinations that actually cover the then appropriate July 1 st 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 journeyworkers in any craft classification can be no greater than the statewide building trade ratios promulgated by the Department of Labor and included with the Prevailing Rate Schedule. An employee listed on a payroll as an apprentice who is not registered as above or is performing work outside the classification of work for which the apprentice is indentured, must be paid the prevailing journeyworker's wage rate for the classification of work the employee is actually performing. NYSDOL Labor Law,Article 8, Section 220-3, require that only apprentices individually registered with the NYS Department of Labor may be paid apprenticeship rates on a public work project. No other Federal or State Agency of office registers apprentices in New York State. Persons wishing to verify the apprentice registration of any person must do so in 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 anby)employee on account of race, creed, color, disability, sex, or national origin (NYS Labor Law, Article 8, Section 220- 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 during the life of the contract for the benefit of such employees as required by the provisions of the New York State Workers' Compensation Law. A contractor who is awarded a public work contract must provide proof of workers'compensation coverage prior to being allowed to begin work. The insurance policy must be issued by a company authorized to provide workers'compensation coverage in New York State. Proof of coverage must be on form C-105.2 (Certificate of Workers'Compensation Insurance)and must name this agency as a certificate holder. 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. h A F , x Andrew M.Cuomo,Governor 9 " 1$' Colleen C.Gardner,Commissioner Town of Southold Schedule Year 2011 through 2012 James A.Richter,R.A. Date Requested 03/06/2012 53095 Main Road PRC# 2012001984 P.O. Box 1179 Southold Town Hall Southold NY 11971 Location Long Creek Drive&Lauel Ave. Project ID# Project Type 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: State: Zip: Amount of Contract: $ Contract Type: [ ] (01) General Construction Approximate Starting Date: / / [ ] (02) Heating/Ventilation Approximate Completion Date: / / [ 1 (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.labocstate.ny.us. PW 16 PWAsk@labocstate.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 percentage of the dollar value of such contracts that must be deposited into the Fund. This item also describes the roles of the following entities with respect to the Fund: - New York State Department of Labor(DOL), - The Office of the State of Comptroller(OSC), and - State agencies and public benefit corporations. 2. Background and Statutory References: DOL uses the Fund to enforce the State's Labor Law as it relates to contracts for construction or reconstruction, 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 if a contract is or is not exempt, they can call the Bureau of Public Work at the number noted below for a determination. Payment by check or journal voucher is due to DOL within thirty days from the date of the billing. DOL will verify the amounts and forward them to OSC for processing. For those contracts which are not approved or administered by the Comptroller, monthly reports and payments for deposit into the Public Work Enforcement Fund must be provided to the Administrative Finance Bureau at the DOL within 30 days of the end of each month or on a payment schedule mutually agreed upon with DOL. Reports should contain the following information: - Name and billing address of State agency or public benefit corporation; - State agency or public benefit corporation contact and phone number; - Name and address of contractor receiving the award; - Contract number and effective dates; - Contract amount and PWEF assessment charge(if contract amount has been amended, 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 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 up 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. 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 tO, 1 e Required Notice under Article 25-B of the Labor Law y�F A 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.misclassifiedCcillabor.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. * In the event that the required information will not fit on the pay stub, an accompanying sheet or attachment of the information will suffice. New York State Department Bureau of Public Work Attention Employees 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 c►assification at which you are working. Chapter 629 of These wages are set by law and must be posted the Labor Laws at the work site. They can also be found at: of 2007: www.labor.ny.gov If you feel that you have not received proper wages or benefits, please call our nearest office.* Albany (518) 457-2744 Patchogue (631) 687-4886 Binghamton (607) 721-8005 Rochester (585) 258-4505 Buffalo (716) 847-7159 Syracuse (315) 428-4056 Garden City (516) 228-3915 Utica (315) 793-2314 New York City (212) 775-3568 White Plains (914) 997-9507 Newburgh (845) 568-5156 * 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: PW 101 (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 10-hour construction safety and health course. It further requires that the advertised bids and contracts for every public work contract of at least $250,000.00, contain a provision of this requirement. NOTE: The OSHA 10 Legislation does not apply to projects advertised,for bid prior to July 18, 2008 AND only applies to workers on a public work project that are required under Article 8 to receive the prevailing wage. (1Lll) Page 1 of Where to find OSHA 10-hour Construction Course 1. NYS Department of Labor website for scheduled outreach training at: www.labor.state.ny.us/worke!protection/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(a,rit.edu (866) 385-7470 Ext. 2919 www.rit.edu/—outreach/course.php3?CourseID-54 Atlantic OSHA Training Center UMDNJ— School of Public Health Piscataway,NJ Janet Crooks Fax (732)235-9460 e-mail: crooksie(a),umdni.edu (732) 235-9455 httys:Hophi).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:iaaps(c),buffalo.edu (716) 829-2125 http://www.smbs.buffalo.edu/CENTERS/trc/schedule OSHA.php Keene State College Manchester, NH Leslie Singleton e-mail: Isineletin ,keene.edu (800)449-6742 www.keene.edu/courses/print/courses osha.cfin 3. List of trainers and training schedules for OSHA outreach training at: www.OutreachTrainers.org Page 2 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 for bid on or after 7i I l08) « 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 all 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 participate 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 110 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.) PW30R-Notice (03.11) NYSDCL Bureau of Public Work 1 of 1 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) Project Information: • Enter the Prevailing Rate Case number(PRCN)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 42,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 any additional Classifications 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 PW30R-Instructions (03.11) NYSDOL Bureau of Public Work 1 of 1 NE y New York State Department of Labor 'e Bureau of Public Work W. Averell Harriman State Office Campus Building 12 - Room 130 Albany, New York 12240 Phone- (518)457-5589 Fax- (518)485-1870 Ho le 0- �4 fty,,� 4 i 6* 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 -or- Fax to NYSDOL Bureau of Public Work at(518)485-1870 Contractor Information Company Name: FEIN: Address: City: State: Zip Code: Phone Number Fax Number: Email Address: Contact Person: Phone No: Fax No: Email: Project information Project PRC#: Project Name/Type: Exact Location of Project: County: (if you are Subcontractor) Prime Contractor Name: Job Classification(s)to Work 4/10 Sched u le: (Choose all that apply on Job Classification Checklist-Pages 2&3) Do not write in any additional Classifications or Counties' Requestor information Name: Title: Date PW 30R(07-11) 1 of 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*** n3' ".W' A 0, 1 Carpenter-Building 1042 Clinton,Essex,Franklin EL Albany,Fulton,Greene,Montgomery,Rensselaer, Carpenter-Building 370 Schenectady,Schoharie Il Carpenter-Building 370Z2 Hamilton,Warren,Washington EL Carpenter-Building 370Z3 Saratoga [I Carpenter-Heavy&Highway 370Saratoga Saratoga El 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 0- Carpenter-Building 281 B Cayuga,Seneca,Yates 1:1 Carpenter-Heavy/Highway 281 HH Cayuga,Seneca,Yates 11 Carpenter-Building/Heavy&Highway 280 Genesee,Niagara,Orleans,Wyoming ❑ Carpenter-Building/Heavy&Highway 9 Erie,Cattaraugus ❑ Carpenter-Heavy&Highway 66h Allegany,Chautauqua,Cattaraugus EL Carpenter-Building 66 Allegany,Chautauqua,Cattaraugus ❑ Carpenter-Building 277 CST Cortland,Schuyler,Tompkins ❑ Carpenter-Building 277JLS Jefferson,Lewis,St.Lawrence ❑ Carpenter-Building 277 On Onondaga ❑ Carpenter-Building 2770s Oswego ❑ Carpenter-Heavy/Highway 277h CST Cortland,Schuyler,Tompkins EL 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*** 40�M, X�-sgi, TM MR Err:- "g'M "F x F Electrician 25m Nassau,Suffolk ❑ Cayuga,Chenango,Cortland,Herkimer,Madison,Oneida, ❑ Electrician 43 Onondaga,Oswego,Otsego,Tompkins,Wayne 840-Teledata ❑ Electrician and 840 Zl 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,27 Steuben,Wayne,Yates Elevator Constructor Albany,Clinton,Columbia,Essex,Franklin,Fulton,Greene, Hamiliton,Herkimer,Montgomery,Oneida,Otsego, ❑ Rensselaer,Saratoga,Schenectady,Schoharie,Warren, Elevator Constructor 35 Washington Broome,Cayuga,Chenango,Cortland,Delaware,Jefferson Lewis,Madison,Oneida,Onondaga,Oswego,St.Lawrence, Elevator Constructor 62.1 Tioga,Tompkins Jefferson,Lewis,Livingston,Monroe,Ontario,Seneca,St. F] Glazier 677.1 Lawrence,Wayne,Yates Broome,Cayuga,Chemung,Chenango,Cortland,Herkimer, ❑ Jefferson,Lewis,Madison,Oneida,Onondaga,Oswego, Insulator -Heat&Frost 30-Syracuse Otsego,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 using the 4/10 schedule) Do not write in any additional Classifications or Counties' Ry, EMT Allegany,Broome,Cattaraugus,Cayuga,Chautauqua, Chemung,Chenango,Clinton,Cortland,Delaware,Essex, Franklin,Genesee,Jefferson,Lewis,Livingston,Monroe, ❑ Onondaga,Ontario,Orleans,Oswego,Schuyler,Seneca, Laborers-Residential St.Lawrence,Steuben,Tioga,Tompkins,Warren,Wayne, Deconstruction,Demolition 601 Wyoming,Yates Allegany,Chemung,Genesee,Livingston,Monroe, ❑ Operating Engineer -Heavy&Highway 832H Ontario,Schuyler,Steuben,Wayne,Yates Painter 178 B Broome,Chenango,Tioga EL Painter 178 E Chemung,Schuyler,Steuben 11 Painter 1780 Delaware,Otsego EL Cayuga,Herkimer,Lewis,Madison,Oneida,Onondaga,31 Ontario,Oswego,Seneca ❑ Painter Painter 38.0 Oswego ❑ 4-Buf,Nia, Allegany,Cattaraugus,Chautauqua,Erie,Genesee, F-I Painter Olean Livingston,Niagara,Orleans,Steuben,Wyoming Painter 4-Jamestown Cattaraugus,Chautauqua ❑ Sheetmetal Worker 46 Livingston,Monroe,Ontario,Seneca,Wayne, Yates ❑ Albany,Columbia,Fulton,Greene,Montgomery Rensselaer,Saratoga,Schenectady,Schoharie,Montgomery, F-I Teamster -Heavy&Highway 294h/h Washington Allegany,Cayuga,Cortland,Seneca,Steuben,Tompkins, ❑ Teamster -Heavy&Highway 317a.hh Wayne,Yates Teamster -Heavy&Highway 693.H/H Broome,Chenango,Delaware,Otsego,Tioga ❑ PW-30R(07-11) NYSIDOL Bureau of Public Work 4 of 4 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 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 responsibilit 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 district o ice 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 basis. General Construction Rates apply to projects such as: Buildings, Heavy&Highway,and Tunnel and Water&Sewer rates. Residential Construction Rates generally apply to construction,reconstruction,repair,alteration,or demolition of one family,two family,row housing,or rental type units intended for residential use. Some rates listed in the Residential Construction Rate Schedule have a very limited applicability listed along with the rate. Rates for occupations or locations not shown on the residential schedule must be obtained from the General Construction Rate Schedule. Please contact the local Bureau of Public Work office before using Residential Rate Schedules,to ensure that the project meets the required criteria. Paid Holidays Paid Holidays are days for which an 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 actually performed. Overtime At a minimum,all work performed on a public work project in excess of eight hours in any one day or more than five days in any workweek is overtime. However,the specific overtime requirements for each trade or occupation on a public work project may differ. Specific 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 section 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 1 of each year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements. If you have any questions please contact the Bureau of 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 Journeyworker must be in place on the project before an Apprentice is allowed.Then three additional Journeyworkers are needed before a second Apprentice is allowed. The last ratio repeats indefinitely.Therefore,three more Journeyworkers must be present before a third Apprentice can be hired, and so on. Please call Apprentice Training Central Office at(518)457-6820 if you have any questions. Title(Trade) Ratio Boilermaker(Construction) 1:MA Boilermaker(Shop) 1:1,1:3 Carpenter(Bldg.,H&H, Pile Driver/Dockbuilder) 1:1,1:4 Carpenter(Residential) 1:1,1:3 Electrical (Outside)Lineman 1:1,1:2 Page 27 Prevailing Wage Rates for 07/01/2011 -06/30/2012 Published by the New York State Department of Labor Lut Published on Mar 01 2012 PRC Number 2012001984 Electrician(Inside) 1:1,1:3 - Elevator/Escalator Construction&Modernizer 1:1,1:2 Glazier 1:1,1:3 Insulation&Asbestos Worker 1:1,1:3 Iron Worker 1:1,1:4 Laborer 1:1,1:3 Mason 1:1,1:4 Millwright 1:1,1:4 Op Engineer 1:1,1:5 Painter 1:1,1:3 Plumber&Steamfitter 1:1,1:3 Roofer 1:1,1:2 Sheet Metal Worker 1:1,1:3 Sprinkler Fitter 1:1,1:2 If you have any questions concerning the attached schedule or would like additional information, please contact the nearest BUREAU of PUBLIC WORK District Office or write to: New York State Department of Labor Bureau of Public Work State Office Campus,Bldg. 12 Albany,NY 12240 District Office Locations: Telephone# FAX# Bureau of Public Work-Albany 518457-2744 518-485-0240 Bureau of Public Work-Binghamton 607-721-8005 607-721-8004 Bureau of Public Work-Buffalo 716-847-7159 716-847-7650 Bureau of Public Work-Garden City 516-228-3915 516-794-3518 Bureau of Public Work-Newburgh 845-568-5287 845-568-5332 Bureau of Public Work-New York City 212-775-3568 212-775-3579 Bureau of Public Work-Patchogue 631-687-4882 631-687-4904 Bureau of Public Work-Rochester 585-258-4505 585-258-4708 BLi9au of Public Work-Syracuse 315-428-4056 315-428-4671 Bureau of Public Work-Utica 315-793-2314 315-793-2514 Bureau of Public Work-White Plains 914-997-9507 914-997-9523 Bureau of Public Work-Central Office 518-457-5589 518-485-1870 Page 28 Prevailing Wage Rates for 07/01/2011 -06/30/2012 Published by the New York Stale Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County Suffolk County General Construction Asbestos Worker 03/01/2012 JOB DESCRIPTION Asbestos Worker DISTRICT 9 ENTIRE COUNTIES Bronx,Kings,Nassau,New York,Queens, Richmond,Suffolk WAGES Per hour: 07/01/2011 12/01/2011 Abestos Worker $35.95 $38.95 Removal&Abatement Only' 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 forty hours have been worked during 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 Boilermaker $47.32 $47.98 Repairs&Renovation $47.32 $47.98 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 01/01/2012 BoilerMaker 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 premiums)pay. OVERTIME PAY Page 29 Prevailing Wage Rates for 07/01/2011 -06/30/2012 Published by the New York Stale Department of 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 Spring,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: 0 7/01120 1 1 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: See(B,E,K',P,R")on OVERTIME PAGE. HOLIDAY HOLIDAY: Paid: See(5,6)on HOLIDAY PAGE. Overtime: 'See(5,6)on HOLIDAY PAGE. "See(8,10,11,13)on HOLIDAY PAGE. Assistant:One(1)year increments at the following percentage of Assistant wages. This is not an apprenticeship for Driller. Page 30 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 Year 2nd Year 3rd Year 4th Year 70% 80% 90% 100% 9-1536-CoreDriller Carpenter 03/01/2012 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 2nd 3rd 4th 40% 50% 65% 80% Supplemental benefits per hour: Apprentices $25,14 9-1536 Carpenter 03/01/2012 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings,Nassau,New York, Putnam,Queens, Richmond, Rockland,Suffolk,Westchester WAGES Per hour: 07/01/2011 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(18,19)on HOLIDAY PAGE. Page 31 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 Paid:for 1 st&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 Journeyworkers wage (1)year terms: 1 St. 2nd. 3rd. 4th. 55% 65% 75% 95% Supplemental benefits per hour: (1)year terms: 1 St. 2nd. 3rd. 4th. $28.19 $31.29 $35.51 $40.62 9-740A Carpenter 03/01/2012 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 M.D.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 03/01/2012 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 Carpet/Resilient Floor Coverer $45.34 SUPPLEMENTAL BENEFITS Per hour paid: Page 32 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 • Floor Coverer $38.58 OVERTIME PAY See(B,E,Q)on OVERTIME PAGE HOLIDAY Paid: See(18, 19)on HOLIDAY PAGE. Paid:for 1 st&2nd yr. Apprentices See(5,6,11,13,16,18,19,25) Overtime: See(5,6,11,13,16,18,19,25)on HOLIDAY PAGE. REGISTERED APPRENTICES Wage per hour is Pecentage of Journeyworkers Wage (1)year terms: 1 St. 2nd. 3rd. 4th. 40% 50% 65% 80% Supplemental benefits per hour: Apprentices $25.83 9-2287 Carpenter 03/01/2012 JOB DESCRIPTION Carpenter DISTRICT 9 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 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: 1 St. 2nd. 3rd. 4th. 40% 50% 65% 80% Page 33 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 Supplemental benefits per hour: Apprentices $26.97 9-1456 Carpenter•Building/Heaw&Highway 03/01/2012 JOB DESCRIPTION Carpenter-Building/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: 07/01/2011 Building Carpenter $44.51 Heavy Highway Carpenter $44.51 SUPPLEMENTAL BENEFITS Per Hour: 0 7101/2 01 1 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(1)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: 07/01/2011 All Apprentice Terms $ 14.50 4-Reg.Council Nass/Suff Electrician 03/01/2012 JOB DESCRIPTION Electrician DISTRICT 4 ENTIRE COUNTIES Nassau,Suffolk WAGES Per Hour: 07/01/2011 Electrician/Wireman $46.85 HVAC Controls 46.85 Fire Alarms 46.85 PUMP&TANK WORK Electrcian/Wireman $39.82 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Page 34 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 Electrcian/Wireman 16.0%of Hourly (all catagories) 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 07/01/2011 Apprentice(s) 1st Term 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 DISTRICT 4 ENTIRE COUNTIES Nassau,Suffolk WAGES Per Hour: 0 710 112 01 1 Telephone& Intergrated Tele- $34,76 Data Sytems Electrician This rate classification applies to ALL Voice, Data&Video work.: Excluding Fire Alarm Systems and Energy Managment Systems(HVAC Controls),in those cases the regular Electrician rate applies. To ensure proper use of this rate please call Nassau Offices at(516)228-3915 or Suffolk Offices at(631)687-4882. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 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 Department of Labor Last Published on Mar 01 2012 PRC 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 03/01/2012 JOB DESCRIPTION Electrician DISTRICT 4 ENTIRE COUNTIES Nassau,Suffolk WAGES Per Hour: 07/01/2011 Tree Trimmer/ Line Clearance Specialist $27.81 NOTE:This Rate Applys For Electrical Line Clearance and Long Island Rail Road Rideaways(ONLY). SUPPLEMENTAL BENEFITS SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Tree Trimmer/ 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 4-1049/Tree Electrician 03/0112012 JOB DESCRIPTION Electrician DISTRICT 4 ENTIRE COUNTIES Nassau,Suffolk WAGES Per Hour: 07/01/2011 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 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 • Electrician 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(1)Year Terms)at the following Percentage of Journeyman(s)Wage: 1 st Yr 2nd Yr 3rd Yr 4th Yr 5th Yr 40%50%60%70%80% Supplemental Benefits per hour 07/11/2011 Apprentice(s) 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 DISTRICT 4 ENTIRE COUNTIES Nassau, Queens,Suffolk WAGES WAGES For Utility Distribution&Transmission Line Construction Per Hour: 07/01/2011 Lineman/Splicer $45.98 Marenal Man $40.00 Heavy Equip.Operator $36.78 Groundman $27.59 Flagman $20.69 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 All Classifications 25%of Hourly Page 37 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 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 0 310 112 01 2 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 $5327 $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 $29.94 $31.35 $33.00 OVERTIME PAY Constructor.See(C,0)on OVERTIME PAGE. Modem./Service See(B, H)on OVERTIME PAGE. HOLIDAY Paid: See(5,6,9, 11, 15, 16,25)on HOLIDAY PAGE Overtime: See(5,6,9, 11, 15, 16,25)on HOLIDAY PAGE REGISTERED APPRENTICES WAGES:Per Hour 07/01/2011 03/17/2012 03/17/2013 Page 38 Prevailing Wage Rates for 07/01/2011 -06/30/2012 Published by the New York Slate Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County One(1)year terms at the following rate 1 st Term $23.90 $24.75 $25.54 2nd Term 29.30 30.36 31.36 3rd Term 34.63 35.88 37.06 4th Term 39.95 42.40 42.76 Modernization& Service/Repair: 1 st 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: 1 st 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: 1 st 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 $4T55 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: Journeyworker.._ $24.99 Page 39 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 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&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,Memorial day, Independents day,Labor day,Thanksgiving day,Day after Thanksgiving,and Christmas day. REGISTERED APPRENTICES Wage per hour: (1)year terms at the following wage rates. 1 st term... $ 15.60 2nd term... $23.28 3rd term... $27.93 4th term... $37.24 Supplemental Benefits: (Per hour worked) 1 st 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 DISTRICT 9 ENTIRE COUNTIES Bronx, Kings,Nassau,New York,Queens, Richmond,Suffolk WAGES Per hour: 07/01/2011 01/02/2012 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) 1 year terms at the following wage rate. Page 40 Prevailing Wage Rates for 07/01/2011 -06/30/2012 Published by the New York Slate Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County 1st 2nd 3rd 4th $24.01 $36.02 $42.03 $48.02 Supplemental Benefits per hour: Apprentice Insulator(s) 1 st 2nd 3rd 4th $10.36 $15.53 $18.13 $20.71 9-12 Ironworker 03/01/2012 JOB DESCRIPTION Ironworker DISTRICT 9 ENTIRE COUNTIES Bronx, Kings,Nassau, New York,Queens,Richmond,Suffolk,Westchester PARTIAL COUNTIES Rockland: Southern section. WAGES Per hour: 07/01/2011 07/01/2012 Reinforcing& Metal Lathing $49.52+$3.45' Add.$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 overtime 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 9-46Reinf Ironworker 03/01/2012 JOB DESCRIPTION Ironworker DISTRICT 9 ENTIRE COUNTIES Bronx, Kings,Nassau,New York,Queens,Richmond,Suffolk,Westchester WAGES Per hour: 07/01/2011 Ornamental $41.00 Chain Link Fence $41.00 Guide Rail Installation $41.00 Page 41 Prevailing Wage Rates for 07/01/2011 -06/30/2012 Published by the New York Stale Department of Labor Last Published on Mar 01 2012 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(112)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: 1 st 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 03/01/2012 JOB DESCRIPTION Ironworker DISTRICT 9 ENTIRE COUNTIES Bronx, Kings,Nassau,New York, Queens,Richmond,Suffolk,Westchester WAGES Per hour: 07/01/2011 01/01/2012 07/01/2012 Ironworker Rigger $51.50 $49.50 $ 1.50* Ironworker Derrickman $51.50 $49.50 $ 1.50* *To be allocated SUPPLEMENTAL BENEFITS Journeyworker: 07/01/2011 01/01/2012 $33.38 $34.88 OVERTIME PAY OVERTIME See(A*,D1,E**,Q,V)on OVERTIME PAGE. *Time and one-half shall be paid for all work in excess of seven(7) hours at the end of a work day to a maximum of two hours on any regular work day(the eighth(8th)and ninth(9)hours of work)and double time Page 42 Prevailing Wage Rates for 07/O1/2011 -06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC 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, 10)on HOLIDAY PAGE HOLIDAY: Paid:........See(1)on HOLIDAY PAGE. Overtime:....See(5',6',8 24"',25")on HOLIDAY PAGE. 'No work shall be performed on this day,except in cases of emergency. Such work shall be done at double time rate of pay. "Double time rate of pay. "'Work stops at schedule lunch break with full day's pay. REGISTERED APPRENTICES Wage per hour: (1/2)year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 50% 70% 80% 90% 90% Supplemental benefits per hour paid: Registered Apprentice 1 st year 50%of journeyman's rate All others 75%of journeyman's rate 9-197D/R Ironworker 03/01/2012 JOB DESCRIPTION Ironworker DISTRICT 9 ENTIRE COUNTIES Bronx, Kings,Nassau, New York,Queens, Richmond, Suffolk,Westchester WAGES Wages:(Per Hour) 07/01/2011 01/01/2012 07/01/2012 Additional Structural $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 Journeyman $57.05 $58,50 OVERTIME PAY See(B',E",Q,V)on OVERTIME PAGE. 'Time and one-half shall be paid for all work in excess of(8)eight hours at the end of a work day to a maximum of two hours on any regular work day(the ninth(9th)and tenth(10th)hours of work)and double time shall be paid for all work thereafter. Time and one-half shall be paid for all work on Saturday up to eight(8)hours and double time shall be paid for 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 of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County 1 st Term $23.12 $23.62 _ 2nd Term 23.72 24.22 3rd thru 6th Term 24.32 24.82 Supplemental Benefits:per hour 07/01/2011 01/01/2012 $40.70 $41.76 940/361-Str Laborer-Building 03/01/2012 JOB DESCRIPTION Laborer-Building DISTRICT 4 ENTIRE COUNTIES Nassau,Suffolk WAGES WAGES Per Hour: 07/01/2011 12/01/2011 01/01/2012 Building Laborer Additional $32.95 $32.95 $2.13 Asbestos Abatement Workers (Re-Roofing see Roofer) Additional $33.00 $3.00 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Building Laborer $23.86 Asbestos Worker $ 14.20 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 1001hrs to 2000hrs TERM#3 2001hrs to 3000hrs TERM#4 3001hrs to 4000hrs Wages per hour: APPRENTICES Building Laborer TERM#1 $16.25 TERM#2 $19.00 TERM#3 $22.00 TERM#4 $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 41 $14.55 Page 44 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 $14A5 4-66 Laborer-Heaw&Highway 03/01/2012 JOB DESCRIPTION Laborer-Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Laborer(Heavy/Highway): GROUP#1:Asphalt Rakers,Concrete Curb Formsetters. GROUP#2:Asphalt Shovelers, Roller Boys and Tampers. GROUP#3:Basic Laborer, Power Tool(Jackhammer),Landscape Construction,Traffic Control Personnel(flaggers) WAGES PER HOUR: 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 1 st 2nd 80%90% Supplemental Benefits per hour: APPRENTICES $24A 3 After Forty(40)paid hours • in a work Week $14.57 4-1298 Mason 03/0112012 JOB DESCRIPTION Mason DISTRICT 9 ENTIRE COUNTIES Page 45 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 Bronx, Kings,Nassau,New York,Queens, Richmond,Suffolk WAGES Per Hour: 0 7/0112 01 1 Brick/Blocklayer $51.00 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Brick/Block Layer $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 Percentage of Journeyworkers Wage: 1st 2nd 3rd 4th 5th 50% 60% 70% 80% 90% Supplemental Benefits per hour: All Apprentices $ 14.24 9-1 Brk 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 $22.45 Overtime' $38.30 Overtime" $49.82 'Applies to weekdays& Saturdays "Applies to overtime hours on Sunday&Holidays, and work on Saturdays over 10 hours. 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 Joumeyworkers 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 1st 2nd 3rd 4th 5th 6th 7th 8th 50% 55% 65% 70% 75% 85% 90% 95% Supplemental Benefits: (per hour paid) (750)hour terms at the following percentages of Joumeyworkers wage: Apprentices. 1st 2nd 3rd 4th 5th 6th 7th 8th 50% 55% 65% 70% 75% 85% 90% 95% 9-7/88-tf Mason -Building 03/01/2012 JOB DESCRIPTION Mason-Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings,Nassau,New York,Queens, Richmond,Suffolk,Westchester WAGES Per hour: 07/01/2011 01/01/2012 07/01/2012 Building-Marble Restoration: Marble,Stone,etc $37.01 $37.26 $37.51 &Polisher SUPPLEMENTAL BENEFITS Journeyworker: Per Hour. Marble,Slone,etc Polisher $20.94 $21.32 $21.82 OVERTIME PAY See(A, E,Q,V)on OVERTIME PAGE 15th and successive hours 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 gels paid for all Observed Holidays. REGISTERED APPRENTICES WAGES per hour: (900 hour)terms at the following wages: 0-900 901-1800 1801-2700 over 2700 $25.73 $29.41 $33.08 $37.01 Observed holidays are paid holidays for the lst term apprentice Supplemental Benefits: (Per Hour) $18.79 $19.37 $19.98 $20.94 9-7/24-MP Mason-Building 0 3/0112 01 2 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 Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County Building: Tile Setters $49.01 Add$1.43' Add$1.43' 'May be distributed between wages&benefits SUPPLEMENTAL BENEFITS Journeyworker: $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 6th 7th 8th 9th Hours: 1- 751- 1501- 2251- 3001- 3751- 4501- 5251- 6001- 750 1500 2250 3000 3750 4500 5250 6000 6750 Wages: $24.99 27.75 31.54 33.11 35.74 36.99 42.35 47.53 49.01 Supplemental Benefits per hour paid: Term: 1st 2nd 3rd 4th 5th 6th 7th 8th 9th Hours: 1- 751- 1501- 2251- 3001- 3751- 4501- 5251- 6001- 750 1500 2250 3000 3750 4500 5250 6000 6750 Supps. $12.87 13.89 13.89 16A 1 17.26 19.80 22.01 24.40 26.71 9-7/52 Mason-Building 03/01/2012 JOB DESCRIPTION Mason-Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York,Queens, Richmond,Suffolk,Westchester WAGES Building: Per Hour: 07/01/2011 01/01/2012 07/O1/2013 Mosaic&Terrazzo Mechanic $45.41 Add.$1.07 Add.$1.25 Mosaic&Terrazzo Finisher $43.86 Add.$1.05 Add.$1.05 "Increase to be allocated at a later date SUPPLEMENTAL BENEFITS Journeyworker: Mechanic $29A ID Finisher $29.10 Page 48 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 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 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 per hour paid: (750 hour)terms at the following percentage of Terrazzo Mechanic's benefit. 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% 9-7/3 Mason-Building 03/01/2012 JOB DESCRIPTION Mason-Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings,Nassau,New York,Queens, Richmond,Suffolk,Westchester WAGES Per hour: 07/01/2011 01/01/2012 07/01/2012 Marble,Stone,etc. Finishers $19,97 $20.19 $20.51 SUPPLEMENTAL BENEFITS Journeyworker Per Hour. Marble,Stone, etc Finisher $10.64 $10.82 $11.00 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 lstterm 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 3751-4500 $18.96 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 1 st 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/Heaw&Highway 03/01/2012 JOB DESCRIPTION Mason-Building/Heavy&Highway DISTRICT 9 ENTIRE COUNTIES Bronx,Kings,Nassau,New York,Queens, Richmond,Suffolk,Westchester WAGES Per hour: 07/01/2011 01/01/2012 07/01/2012 Marble-Finisher $42.65 $43.10 $43.55 SUPPLEMENTAL BENEFITS Journeyworker $25.83 $26.33 $26.93 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 falls 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 1 st-6th terms $14.50+term wage%of$9.83 7th and 8[h terms $24.33 9-7/20-MF Mason -Building/Heavy&Highway 03/01/2012 JOB DESCRIPTION Mason-Building/Heavy&Highway DISTRICT 9 ENTIRE COUNTIES Bronx,Kings, Nassau, New York,Queens, Richmond,Suffolk WAGES WAGES NOTE:Shall include but not limited to Precast concrete slabs(London Walks) Marble and Granite pavers 2'x 2'or larger. Per Hour: 07/01/2011 Stone Setter $57.61 Stone Tender $39.28 SUPPLEMENTAL BENEFITS Per Hour: 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 Department 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(91h)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: All Apprentices $15.48 9-1 Stn Mason-Heavy&Highway 03/01/2012 JOB DESCRIPTION Mason-Heavy&Highway DISTRICT 9 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(11 year terms at the following wage rates. 0710112011 1st 2nd 3rd 4th $25,00 $27.25 $32.23 $38.66 Apprentices Supplemental Benefits: (per hour paid) $3.45 $8.51 $11,26 $11.26 9-1 PCC . Mason-Heavy&Highway 0 3/0112 01 2 JOB DESCRIPTION Mason-Heavy&Highway DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York,Queens, Richmond,Suffolk WAGES Page 51 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 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 Overtime: 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: 1 st term $21.96 2nd term 23.98 3rd term 26.00 9-780 Operating Engineer-Building 03/01/2012 JOB DESCRIPTION Operating Engineer-Building DISTRICT 4 ENTIRE COUNTIES Nassau,Suffolk WAGES BUILDING CATEGORIES: CLASS"AA"CRANES: Crane,Truck Crane,Derrick, Dragline,Dredge, Crawler Crane,Tower Crane&Pile Driver. CLASS"A": Asphalt Spreader, Backhoe Crawler/Hydraulic Excavator(360 uplo&over 150,OOOlbs),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(selfpropel I ed), 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 Loader/Skid 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-All,Jet Pump,Shotblaster, Interior Hoist,Concrete Finish Machine, ConcreleSpreader,Conveyer, Curing Machine, Hoist(one drum). CLASS"D": Concrete Breaker,Concrete Saw/Cutter, Fork Life or Walk Behind(power operated),Generator, Hydra Hammer,Compactors(mechanical or hand operated), Pin Puller, Portable Heaters, Power Booms, Power Buggies, Pump(double action diaphragm). CLASS"E": Batching Plant,Generator,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" $61.02 Page 52 Prevailing Wage Rates for 07/01/2011 -06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County Cranes:Boom length over 100 feet add$ 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 ALL CLASSES $29.09 NOTE:Overtime Rate $22.85 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(1)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 4-138 Operating Engineer-Building/Heaw&Highway 03/01/2012 JOB DESCRIPTION Operating Engineer-Building I Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau,Suffolk WAGES Per Hour: 07/01/2011 08/01/2011 Well Driller $31.68 32.32 Well Driller Helper $27.60 28.38 Hazardous Waste Differential Added to Hourly Wage: Page 53 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 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 03/01/2012 JOB DESCRIPTION Operating Engineer-Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau,Suffolk WAGES HEAVY/HIGHWAY CATEGORIES: CLASS"AA"CRANES: Crane,Truck Crane, Derrick, Dragline,Dredge,Crawler Crane,Tower Crane,Pile Driver. CLASS"A": Asphalt Spreader,Backhoe Crawler/Hydraulic Excavator(360 up to&over 150,000lbs), Barrier Machine,Cherrypicker(over 70 tons), Concrete Pump,Grader, Gradall, Hoist, Loading Machine(bucket 10 yds.or more), Laser Screed,Milling Machine(Large), Power Winch- Stone Setting/Structural Steel or Truck Mounted,Powerhouse, Road Paver,Scoop-Carryall-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,Boring 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-All,Jet Pump,Compressor(Structural Steel&2 or more Batteries), Concrete Finish Machine,Concrete Spreader,Conveyor,Curing Machine, Fireman, Hoist(One Drum),Ridge Cutter, Shot Blaster,Welding Machine(Structural Steel&Pile Work). CLASS"D": Compressor(Pile,Crane,Stone Setting),Concrete Saw Cutter/Breaker,Work Lift(Walk Behind,Power Operated),Generator(Pile Work),Hydra Hammer, Hand Operated Compactor, Pin Puller, Portable Heater, Powered Broom/Buggy/Grinder, Pump(Single Action-1 to 3 Inches/Gypsum/Double Action Diaphragm),Welding Machine, Robotic Units, Hand Line Striper. CLASS"E Page 54 Prevailing 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 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"E" $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 ALL CLASSES $29.34 Note:OVERTIME AMOUNT $22.85 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(1)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 03/01/2012 JOB DESCRIPTION Operating Engineer-Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Party Chief-One who directs a survey party Page 55 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 Instrument Man-One who runs the instrument and assists Party Chief Rodman-One who holds the rod and in general,assists the survey party 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: 07/01/2011 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. Operating Engineer•Marine Construction 03/01/2012 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,Jefferson, Kings, Lewis,Livingston,Madison,Monroe, Montgomery,Nassau, New York,Niagara,Oneida,Onondaga,Ontario,Orange,Orleans,Oswego,Otsego, Putnam,Queens, Rensselaer, Richmond, Rockland,Saratoga,Schenectady,Schoharie,Schuyler,Seneca,St. Lawrence,Steuben,Suffolk,Sullivan,Tioga,Tompkins, Ulster,Warren,Washington,Wayne,Westchester,Wyoming,Yates WAGES Per Hour: DREDGING OPERATIONS 07/01/2011 CLASS A Operator,Leverman, $32.89 Lead Dredgeman CLASS Al To Conform to Operating Engineer Dozer,Front Loader Prevailing Wage in Locality where Work Operator is being Performed including Benefits. CLASS B Spider/Spill Barge Operator, $28.49 Tug Operator(overl 000hp), Operatorll, Fill Placer, Derrick Operator,Engineer, Chief Mate, Electrician, Chief Welder, Maintenance Engineer Certified Welder, $26.84 Boat Operator(licensed) CLASS C Drag Barge Operator, $26.14 Steward, Mate, Assistant Fill Placer, Page 56 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 Welder(please add)$0.06 Boat Operator $25.29 CLASS D Shoreman,Deckhand, $21.09 Rodman,Scowman,Cook, Messman,Porter/Janitor Oiler(please add)$0.09 SUPPLEMENTAL BENEFITS Per Hour: THE FOLLOWING SUPPLEMENTAL BENEFITS APPLY TO ALL CATEGORIES 07/01/2011 All Classes A&B $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 $7.45 plus 7% of straight time wage overtime hours add$0.23 OVERTIME PAY See(B, F, R)on OVERTIME PAGE HOLIDAY Paid:See(1)on HOLIDAY PAGE Overtime:See(5,6,8, 15,26)on HOLIDAY PAGE 4-25a-MarConst Operating Engineer-Trenchless Pipe Rehab 03/01/2012 JOB DESCRIPTION Operating Engineer-Trenchless Pipe Rehab DISTRICT 4 ENTIRE COUNTIES Nassau,Suffolk WAGES IMPORTANT NOTE:This Category&Classifications are now located in Operating Engineers/Heavy Highway&Laborers/Heavy Highway. Per Hour: 07/01/2011 (SEE) Robotic Unit Operator Operatonclass D) Technician/Boiler,Generator Operator(classes C&D) • AM Liner/Hydra Seal Laborer(Grp#3) Hobas Pipe,Polyethyene Pipe or Pull and Inflate Liner Laborer(Grp#3) OVERTIME PAY Page 57 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 4-138TrchPReh Painter 03/01/2012 JOB DESCRIPTION Painter DISTRICT 9 ENTIRE COUNTIES Putnam,Suffolk,Westchester PARTIAL COUNTIES Nassau: All of Nassau except the areas described below:Atlantic 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 Northern 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: 07/01/2 01 1-04130/2 01 2 Drywall Taper $39.25" '*Premium pay to be calculated on$35.00 SUPPLEMENTAL BENEFITS Per hour worked: 07/01/2011 Journeyman $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: 1st term $21.00 2nd term 31.50 3rd term 42.00 Suppemental Benefits: (per Hour) 1 st year $9.75 2nd Year 13.52 3rd year 15.50 9-NYDCT9-DWT Painter 03/01/2012 JOB DESCRIPTION Painter DISTRICT 9 ENTIRE COUNTIES Bronx,Kings, Nassau, New York,Putnam,Queens,Richmond,Suffolk,Westchester WAGES (Per hour) 07/01/2011 - Brush $35.00 Abatement/Removal of lead based 35.00 or lead containing paint on Page 58 Prevailing Wage Rates for 07/01/2011 -06/30/2012 Published by the New York State Department of Labor Last Published on Mar 012012 PRC Number 2012001984 Suffolk County materials 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 journeyman. 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 5/31193( 1 )year terms at the following wage rate. (per hour) Appr 1 st term... $ 13.25 Appr 2nd term... 17.50 Appr 3rd term... 21.00 Appr 4th term... 28.00 Spplemental benefis: (per Hour worked) Appr 1 st 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 03/01/2012 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 Journeyworker $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 -06/30/2012 Published by the New York State 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 period of May 1st to November 15th: This rate shall be paid up to maximum of forty(40)hours worked per week. For all hours exceeding 40,the hourly rate shall drop to the hourly rate shown above by date. EXCEPT for the first and last week of employment on the project,and for the weeks of Memorial Day, Independence Day and Labor Day, this rate shall be paid for the actual number of hours worked. "For the period of November 16th to April 30th: This rate shall be paid up to a maximum of fifty(50)hours worked per week. For all hours exceeding 50,the hourly rate shall drop to the hourly rate shown above by date. OVERTIME PAY See(A, F,R)on OVERTIME PAGE 'Note:When calculating overtime pay for the Power Tool/Spray classification,add Six dollars to the hourly overtime rate calculated for the "Bridge Painting"classification. HOLIDAY Paid: See(1)on HOLIDAY PAGE Overtime: See(4,6)on HOLIDAY PAGE REGISTERED APPRENTICES (Wage per hour Worked): (1)year terms at the following percentage of Journeyworkers 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 03/01/2012 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, Schoharie,Suffolk,Sullivan, Ulster,Warren,Washington, Westchester WAGES Per hour: Painter(Striping-Highway): 07/01/2011 Striping-Machine Operator' $26.61 Linerman Thermoplastic $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: 07/01/2011 Journeyworker: $13.06 OVERTIME PAY See(B,E,P,S)on OVERTIME PAGE _ HOLIDAY Paid: See(5,20)on HOLIDAY PAGE Overtime: See(5,8, 11, 12, 15, 16, 17,20,21,22)on HOLIDAY PAGE 9-8A/28A-LS Painter-Metal Polisher 03/01/2012 JOB DESCRIPTION Painter-Metal Polisher DISTRICT 9 Page 60 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,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 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 9-8A/28A-MP Plasterer 03/01/2012 JOB DESCRIPTION Plasterer DISTRICT 9 ENTIRE COUNTIES Kings,Nassau,Queens, Suffolk PARTIAL COUNTIES New York: Includes work in all Islands in New York City, except Manhattan. WAGES Per hour: 07/01/2011 Building: Plasterer/Traditional $35.53 SUPPLEMENTAL BENEFITS Per hour worked: Journeyworker $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. 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 -06/30/2012 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County (1)year term broken down into six month periods: 1 st 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-Zt Plumber 03/01/2012 JOB DESCRIPTION Plumber DISTRICT 4 ENTIRE COUNTIES Nassau,Suffolk WAGES Per Hour: 0 7101/2 01 1 Plumber MAINTENANCE ONLY $29.46 (NOTE) Maintenance:Correction 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(1)Year Terms,WAGES Per Hour as Follows: 07/01/2011 tstterm $ 15.00 2nd term $16.15 3rd term $17.35 4th term $16.61 5th term $ 19.91 SUPPLEMENTS PER HOUR 1 st term $9.00 2nd term $9.00 3rd term $9.00 4th term $9.00 5th term $9.00 4-200 Maintance Plumber 03/01/2012 JOB DESCRIPTION Plumber DISTRICT 4 ENTIRE COUNTIES Page 62 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 Nassau, Suffolk WAGES Per Hour: 07/01/2011 Plumber/ PUMP&TANK $43.24 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Plumber $22.07 OVERTIME PAY See(6,N,V)on OVERTIME PAGE (V)Sunday&Holidays Only HOLIDAY Paid: See(1)on HOLIDAY PAGE Overtime: See(5,6, 16,25)on HOLIDAY PAGE REGISTERED APPRENTICES One(1)Year Terms at the Following Wage Per Hour: 07/01/2011 1 st Term $ 10.08 2nd Term 15.77 3rd Term 21.47 4th Term 27.40 Supplemental Benefits per hour: 1 st Term $ 10.94 2nd Term 11.54 3rd Term 12.49 4th Term 12.59 4-200 Pump&Tank Plumber 03/01/2012 JOB DESCRIPTION Plumber DISTRICT 4 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(1)Year Terms at the following percentage of Plumbers Rate: Page 63 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 1 st Term 2nd Term 3rd Term 4th Term 5th Term 30% 40% 50% 60% 70% Supplemental Benefits per hour: - 07/01/2011 1 sl Term $ 16.27 2nd Term $ 18.65 3rd Term $20.01 4th Term $21.53 5th Term $23.11 4-200 Roofer 03/01/2012 JOB DESCRIPTION Roofer DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Rate Per Hour 07/01/2011 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 (8,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 Roofers/Walerproofers Wage 1st 2nd 3rd 4th 40% 50% 70% 80% Supplemental Benefits per hour: 1st Term $ 2.00 2nd Term 6.33 3rd Term 14.67 4th Term 19.96 4-154 Sheetmetal Worker 03/01/2012 JOB DESCRIPTION Sheetmetal Worker DISTRICT 4 ENTIRE COUNTIES Page 64 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 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 Overtime: 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 0310112012 JOB DESCRIPTION Sheetmetal Worker DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York,Queens,Richmond,Rockland,Suffolk,Westchester WAGES Per Hour: 07/01/2011 07/16/2012 SIGN ERECTOR $47,20 Add.$1.75 'NOTE: Overhead Highway Signs and Structurally Supported Signs (See IRON WORKER CLASS) SUPPLEMENTAL BENEFITS PER HOUR 07/O112011 07/16/2012 $33.94 Add.$2.10 OVERTIME PAY Page 65 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 See(A, F,S)on OVERTIME PAGE HOLIDAY Paid: See(5,6, 11, 12, 16,25)on HOLIDAY PAGE Overtime: See(5,6, 10, 11, 12, 16,25)on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: 07/01/2011 Half(112)year terms at the following rate(s): 1st 2nd 3rd 4th 5th $16.45 $18.80 $21.15 $23.50 $25.84 6th 7th 8th 9th 10th $28.19 30.54 $32.89 $35.23 $37.58 Supplemental Benefits per hour paid: Half(1/2)year terms at the following dollar amount. 07/01/2011 1 st $9.29 2nd $9.82 3rd $10.96 4th $12.45 5th $17.64 6th $19.20 7th $20.09 8th $22.97 9th $25.28 10th $27.33 9-137-SE Steamfitter 03/01/2012 JOB DESCRIPTION Steamfitter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings,Nassau, New York, Queens, Richmond,Suffolk WAGES Per Hour 07/01/2011 Steamfitter,Sprinkler Fitter $52.40 *Additional$3.00/Hr For Work on Temporary Heat &Air Conditioning $40.54 *Additional$3.00/1-ir *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 NOT EXCEED$15,000,000.00 and ON ALL FIRE PROTECTION/SPRINKLER CONTRACTS THAT DO NOT EXCEED$1,500,00.00 HOLIDAY Paid: See(1)on HOLIDAY PAGE Overtime: See(5,6, 11, 15, 16,25)on HOLIDAY PAGE REGISTERED APPRENTICES 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 4th 5th 40% 50% 65% 80% 85% Suppelmental Benefits: (1)year term at the following dollar amounts: Apprentices: 1st 2nd 3rd 4th 5th 0 7101/2 01 1 $18.73 $23.14 $29.75 $36.35 $38.56 9-638A-StmSpFtr Stearnfitter 03/01/2012 JOB DESCRIPTION Steamfitter DISTRICT 9 ENTIRE COUNTIES Bronx,Kings,Nassau, New York,Queens, Richmond,Suffolk WAGES Per Hour: 07/01/2011 Steamftter/Maintenance& $34.55 AC Service Work `Additional $ 1.00 Refrigeration,A/C, 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 Steamftter/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. Overtime:.... '(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: Only 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 Published by the New York State Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County 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 0310112012 JOB DESCRIPTION Teamster-Asphalt Delivery DISTRICT 4 ENTIRE COUNTIES Nassau,Suffolk WAGES Per Hour: 07/01/2011 Heavy Construction Work: Shall include the supply of Asphalt for construction,improvement and modification of all or any part of Streets, Highways,Bridges, Tunnels,Railroads,Canals, Dams,Airports,Schools,Power Generation Plants. "TRUCK DRIVER" Asphalt Delivery $33.37 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: 0 710 1/2 01 1 "Heavy Construction Work" "TRUCK DRIVER" Asphalt Delivery $33.82 "Light Construction Work" "TRUCK DRIVER" Asphalt Delivery $16.50 OVERTIME PAY See(B, 'B2, E. "I, P,"'R,""U)on OVERTIME PAGE (NOTE)PREMIUM PAY of 25%on straight time hours for New York State D.O.T.and or other GOVERNMENTAL MANDATED off shift work. NOTE: (B,E,P,T&'U)Apply to Heavy Construction. NOTE: (B2,I,T&'U)Apply to 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 Department 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 at Double if Worked. 4-282 Teamster-Building 03/01/2012 JOB DESCRIPTION Teamster-Building DISTRICT 4 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 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 DISTRICT 4 ENTIRE COUNTIES Nassau,Suffolk WAGES Per Hour: 07/01/2011 Heavy Construction Work: Shall Include the supply of Ready-Mix Concrete for construction,improvment and modification of 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. "TRUCK DRIVER" Concrete Delivery $23.00 SUPPLEMENTAL BENEFITS Per Hour: 07/O1/2011 "Heavy Construction Work" Concrete Delivery $31.30 "Light Construction Work" Concrete Delivery $ 16.50 OVERTIME PAY See(B, E,'l, P)on OVERTIME PAGE NOTE: (B,E&P)Apply only to Heavy Construction Work. Page 69 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)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-Heaw&Highway 03/01/2012 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,Bridges,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, '9, P, "'R,"'"U)on OVERTIME PAGE (NOTE)PREMIUM PAY of 25%on straight time hours for NEW YORK STATE D.O.T. and or other GOVERMENTAL MANDATED off shift work. NOTE:(B,E,P,T&`U)Apply to Heavy Construction. NOTE:(B2,I,T&'U)Apply to Light Construction. NOTE:(`U)Only applies after 8 hours work on holiday HOLIDAY Paid: See(1)on HOLIDAY PAGE Overtime: See(5, 6,'16, "25)on HOLIDAY PAGE NOTE:('16)Paid at Double if Worked.(''25)Paid at Double if Worked. 4-282 Welder 03/01/2012 JOB DESCRIPTION Welder DISTRICT 1 ENTIRE COUNTIES Albany,Allegany, Bronx, Broome,Cattaraugus,Cayuga,Chautauqua, Chemung,Chenango,Clinton,Columbia,Cortland,Delaware, Dutchess,Erie, Essex, Franklin,Fulton,Genesee, Greene,Hamilton, Herkimer,Jefferson, Kings, Lewis,Livingston, Madison, Monroe, Montgomery,Nassau,New York, Niagara, Oneida,Onondaga,Ontario,Orange, Orleans,Oswego,Otsego,Putnam,Queens, Rensselaer, Richmond, Rockland,Saratoga, Schenectady,Schoharie,Schuyler, Seneca,St. Lawrence,Steuben,Suffolk,Sullivan,Tioga,Tompkins, Ulster,Warren,Washington,Wayne,Westchester,Wyoming,Yates WAGES Per hour 07/01/2011 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 Stale Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 Suffolk County HOLIDAY 1-As Per Trade Page 71 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 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. (A ) Time and one half of the hourly rate after 7 hours per day (AA) Time and one half of the hourly rate after 7 and one half hours per day (B ) Time and one half of the hourly rate after 8 hours per day (B1 ) 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 (B2) Time and one half of the hourly rate after 40 hours per week (C ) Double the hourly rate after 7 hours per day (Cl ) Double the hourly rate after 7 and one half hours per day (D ) Double the hourly rate after 8 hours per day (Dt ) Double the hourly rate after 9 hours per day (E ) Time and one half of the hourly rate on Saturday (El ) Time and one half 1st 4 hours on Saturday Double the hourly rate all additional Saturday hours (E3) 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 (E2 ) Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather (E4 ) 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 ) Time and one half of the hourly rate on Saturday and Sunday (G ) Time and one half of the hourly rate on Saturday and Holidays ( H ) Time and one half of the hourly rate on Saturday,Sunday,and Holidays ( I ) Time and one half of the hourly rate on Sunday (J ) Time and one half of the hourly rate on Sunday and Holidays (K ) Time and one half of the hourly rate on Holidays (L ) Double the hourly rate on Saturday (M ) Double the hourly rate on Saturday and Sunday (N ) Double the hourly rate on Saturday and Holidays (0 ) Double the hourly rate on Saturday,Sunday,and Holidays ( P ) Double the hourly rate on Sunday (0 ) Double the hourly rate on Sunday and Holidays (R ) Double the hourly rate on Holidays IS Two and one half times the hourly rate for Holidays, if worked (S1 ) 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. IT Triple the hourly rate for Holidays,if worked Page 72 Prevailing Wage Rates for 07/01/2011 -06/30/2012 Published by the New York Slate Department of Labor Last Published on Mar 01 2012 PRC Number 2012001984 (U ) Four times the hourly 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 State Department of Labor Last 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 actually performed. OVERTIME Holiday Pay: 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 apppplicable holidays are listed under HOLIDAYS:OVERTIME.The required rate of pay for these covered holidays can be found in the OVEFTIME 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) Memorial Day and Labor Day (4) Memorial Day and July 4th (5) Memorial Day,July 4th,and Labor Day (6) New Years,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) 112 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 N£!yr New York State Department of Labor- Bureau of Public Work �P^n A �F State Office Building Campus Building 12 - Room 130 n9 Albany, New York 12240 £NT 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. ------------ This Form Must Be Typed Submitted By: F_ (Check only One) ❑ Contracting Agency � �Architect or Engineering Firn1 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 F (Check if new or change) 2. NY Stale Units(see Item 5) ❑07 City ❑ 01 DOT ❑08 Local School District ❑ 02 OGS ❑09 Special Local District,i.e.. ❑ 03 Dormitory Authority Fire,Sewer,Water District ❑ 04 State University ❑ 10 Village Construction Fund ❑ 11 Town ❑ 05 Mental Hygiene ❑12 County Facilities Corp. ❑13 Other Non-N.Y.State Telephone: ( ) Fax ( ) ❑ 06 OTHER N.Y.STATE UNIT (Describe) E-Mail: 3.SEND REPLY TO ❑check if new or change) 4.SERVICE REQUIRED.Check appropriate box and provide project Name and complete address: information. ❑ New Schedule of Wages and Supplements. APPROXIMATE BID DATE-. ❑ Additional Occupation and/or Redetermination Telephone: Fax. PRC NUMBER ISSUED PREVIOUSLY FOR OFFICE USE ONLY ( ) ( ) THIS PROJECT : E-Mail: B. PROJECT PARTICULARS e. Project Title s. Location of Project: Location on Site Description of Work Route No/Street Address Village or City Contract Identification Number Town Note: For NYS units,the OSC Contract No. County 7. Nature of Project-Check One: a. OCCUPATION FOR PROJECT ❑ 1. New Building ❑ 2.Addition to Existing Structure El Construction(Building,Heavy ❑ Guards,Watchmen 9 Highway/SewerNValer) ❑ Janitors, Porters,Cleaners. ❑ 3. Heavy and Highway Construction(New and Repair) ❑ Tunnel Elevator Operators ❑ 4. New Sewer or Waterline ❑ Residential ❑ Moving furniture and ❑ 5.Other New Construction(Explain) ❑ Landscape Maintenance equipment ❑ 6.Other Reconstruction, Maintenance, Repair or Alteration ❑ Elevator maintenance ❑ Trash and refuse removal ❑ 7. Demolition ❑ Exterminators,Fumigators ❑ Window cleaners ❑ 6. Building Service Contract ❑ Fire Safety Director,NYC Only ❑ 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 Signature PW-39(04.11) SEE PAGE TWO FOR LAWS RELATING TO PUBLIC WORK CONTRACTS NEWS NEW YORK STATE DEPARTMENT OF LABOR Bureau of Public Work - Debarment List o LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE 9 vP AWARDED ANY PUBLIC WORK CONTRACT BEN T 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://dbr.labor.state.ny.us/EDList/searchPage.do NYSDOL Bureau of Public Work Debarment List 0 2121/2 01 2 Article 8 EMPLId"i, DOL NYC A&T IRON WORKS INC 25 CLIFF STREET 1212112009 12/21/2014 1 1 NEW ROCHELLE NY 10801 DOL DOL .....0711 A UTIANO&SON LTD 22 GRIFFEN COURT 10126/2010 1012612015 1 MILLER PLACE NY 11746 DOL DOL A JLIANO CONSTRUCTION 22 GRIFFEN COURT 10126/2010 10/26/2015 MILLER PLACE NY 11746 DOL NYC --5804 AAMO ELECTRIC INC 5902 AVENUE N 03/20/2009 03/20/2014 I BROOKLYN NY 11234 DOT DOL ...-9095 ABDO TILE CO 6179 EAST MOLLOY ROAD 06/2512010 06125/2015 EAST SYRACUSE NY 13057 DOL DOL ....9095 ABDO TILE COMPANY 6179 EAST MOLLOY ROAD 06/2512010 0612512015 EAST SYRACUSE NY 13057 DOL COIL ....0635 ABOVE ALL PUMP REPAIR 360 KNICKERBOCKER 10120/2008 10/2012013 CORP AVENUE BATAVIA NY 11716 DOl NYC ""'5022 ACE DRYWALL SYSTEMS INC. 194 ASHLAND PLACE 0310612009 03/06/2013 BROOKLYN NY 11217 DOL AG -'1211 ACTIVE CABLING INC C/O FRANK DECAPITE 10102/2009 1010112013 7 SYCAMORE ROAD DRWOODBURY NY 11797 DOL DOT ADAM A CEMERYS 2718 CURRY ROAD 07108/201G 0 710 812 01 5 SCHENECTADY NY 12303 DOL DOL .....3012 ADM DECKMAN DECKMAN 154 POND VIEW PARKWAY 0411612007 04/16/2012 PAINTING ROCHESTER NY 14612 DOL DOL ADAM'S FLOOR COVERING 2748 CURRY ROAD 0710812010 08108/2015 LLC SCHENECTADY NY 12303 DOL DOL AFFORDABLE PAINTING PLUS 367 GREEVES ROAD 10101/2010 10/0112015 NEW HAMPTON NY 10958 DOL DOL ALBERT CASEY 43-28 54TH STREET 0710112011 07/01/2016 WOODSIDE NY 11377 DOL DOL ALL TOMS MECHANICAL BARRY 18 EAST SUNRISE HIGHWAY 0112112008 01/2112013 MORRIS FREEPORT NY 11758 DOT DOL .....3101 ALLSTATE CONCRETE 635 MIDLAND AVENUE 07109/2007 0710912012 CUTTING,INC. GARFIELD NJ 07026 - DOL DOL .-*8740 ALLSTATE ENVIRONMENTAL C/O JOSE MONTAS 03/1812011 03/18/2016 CORP 27 BUTLER PLACEYONKERS NY 10710 GOT DOL ....*8534 ALPHA INTERIORS INC 513 ACORN STREET/SUITE C 05/2712010 05/2712015 DEER PARK NY 11729 DOL DOL .11-8291 AMIR'S VISION INC 230 PRATT STREET 0911712008 09/1712013 BUFFALO NY 14204 DOT NYC ANDERSON LOPEZ 670 SOUTHERN BLVD 06/1412011 06/1412016 BRONX NY 10455 DOT DOL ...*0860 ANDREA STEVENS STEVENS 2458 EAST RIVER ROAD 01123/2008 01123/2013 TRUCKING CORTLAND NY 13045 DOL AG ANTHONY BRANCA 700 SUMMER STREET 11124/2009 11/24/2014 STAMFORD CT COIL DOL ANTHONY POSELLA 30 GLEN HOLLOW I0/1912009 10/19/2014 ROCHESTER NY 14622 DOL COIL ANTHONY TAORMINA 215 MCCORMICK DRIVE 05/20/2009 05/2012014 BOHEMIA NY 11716 DOT DOL ANTHONY ULIANO 22 GRIFFEN COURT 1012612010 10/26/2015 MILLER PLACE NY 11746 GOT DOL ...-2725 ARAGONA CONSTRUCTION 5755 NEWHOUSE ROAD 10/10/2007 10/1012012 CORP EAST AMHERST NY 14051 DOL DOL --18111 ARC MECHANICAL CORP 215 MCCORMICK DRIVE 05120/2009 D5/20/2014 BOHEMIA NY 11716 DOL DOT --1112 ARGO CONTRACTING CORP 5752 WEST WEBB ROAD 05/2112008 0512112013 YOUNGSTOWN OH 44515 DOL NVC ARIE BAR 5902 AVENUE N 03/20/2009 03/2012014 BROOKLYN NY 11234 DOL DOL ARTHURC OSUORAH RD BOX 1295 02/1512008 02115/2013 1 BUFFALO NY 14215 GOT DOL ....'8027 ARTHUR DESIGN ENGINEERS RD BOX 1295 02M 5/2008 02/15/2013 &ASSOCIATES BUFFALO NY 14215 DOL DOT .....9336 ARTIERI SPECIALTIES LILC SWITZER 107 STEVENS STREET 11104/2009 11104/2014 SALES LOCKPORT NY 14094 DOL DOL ...2993 AST DRYWALL&ACOUSTICS 46 JOHN STREET-STE 711 12/16/2008 12M6/2013 INC NEW YORK NY 10038 DOL DA .....5761 AZTEC PLUMBING&HEATING 153 BAYWOODS LANE 031M2007 03)1912012 CORP BAY SHORE NY 11706 DOT DOL .....2534 8&B CONCRETE 55 OLD TURNPIKE ROAD 02/0412011 02104/2016 CONTRACTORS INC SUITE 612MANUET NY 10954 DOL DDL ....'7828 BALLACH GENERAL 250 KNEELAND AVENUE 07)09/2007 0710912012 CONTRACTING INC YONKERS NY 10705 Page 1 of 10 NYSDOL Bureau of Public Work Debarment List 02/21/2012 Article 8 DOL NYC BASIL ROMEO 243-03 137TH AVENUE ON25/2010 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 CORP 2 TINA LANE 01/06/2012 01/06/2017 HOPEWELL JUNCTION NY 12533 DOL ROL BENNY VIGLIOTTI C/O LUVIN CONSTRUCTION 0 311 5/2 01 0 D3/15/2015 CO P 0 BOX 357CARLE PLACE NY 11514 DOL DOL BERNADETTE GORMALLY 250 KNEELAND AVENUE 07/09/2007 07/09/2012 YONKERS NY 10705 DOL NYC BERNARD COHNEN 193 HARWOOD PLACE 05114/2008 05/14/2013 PARAMUS NJ 07652 DOL DOL "'"6999 BEST ROOFING OF NEW 30 MIDLAND AVENUE 11/05/2010 11/05/2015 JERSEY LLC WALLINGTON NJ 07057 DOL DOL '""9890 BETTY JOE FRAZIER NOBLE 23960 WHITE ROAD 02/14/2008 02/14/2013 CONSTRUCTI WATERTOWN NY 13601 ON GROUP DOL DOL BIAGIO CANTISANI 200 FERRIS AVENUE 12/0412009 12/04/2014 WHITE PLAINS NY 10603 DOL DOL "•"0818 BLASTECINC MILLER 121 LINCOLN AVENUE 02/21/2008 02/21/2013 SANDBLASTIN ROCHESTER NY 14611 G&PAINTING DOL DOL "'"'8501 BLOCKHEAD CONCRETE& P O BOX 71 09M3/2008 09/03/2013 PAVING INC CHEEKTOWAGA NY 14225 DOL NYC '""8377 BOSPHORUS CONSTRUCTION 3817 KINGS HIGHWAY-STE 1D 06/30/2010 06/3012015 CORPORATION BROOKLYN NY 11234 DOL DOL BRIAN HOME 2219 VALLEY DRIVE 12/04/2009 12/04/2014 SYRACUSE NY 13207 DOL DOL ""'4311 C&F SHEET METAL CORP 201 RICHARDS STREET 02/25/2009 02/24/2014 BROOKLYN NY 11231 DOL DOL ""'9286 CALI 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 OOL DOL CARMODY CONCRETE CORP 220 FERRIS AVENUE 12/04/2009 12/0412014 WHITE PLAINS NY 10603 DOL DOL CARMODY ENTERPRISES LTD 220 FERRIS AVENUE 12/04/2009 12/04/2014 WHITE PLAINS NY 10603 DOL DOL CARMODY INC 220 FERRIS AVENUE 12/04/2009 12/04/2014 WHITE PLAINS NY 10603 DOL DOL CARMODY MASONRY CORP 220 FERRIS AVENUE 12/04/2009 12/04/2014 WHITE PLAINS NY 10603 DOL DOL CARMODY"2"INC 220 FERRIS AVENUE 12104/2009 12/04/2014 WHITE PLAINS NY 10603 DOL DOL ""'9721 CATENARY CONSTRUCTION 112 HUDSON AVENUE 02/14/2006 10/20/2014 CORP ROCHESTER NY 14605 DOL DOL ""'7924 CBI CONTRACTING 2081 JACKSON AVENUE 06/03/2010 06/03/2015 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 05/27/2015 DEER PARK NY 11729 DOL DOL ...1416 CHEROMINO CONTROL 61 WILLET ST-SUITE 14 12/03/2009 07/09/2015 GROUP LLC PASSAIC NJ 07055 DOL ROL 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 4006 DOL DOL CHRISTOF PREZBYL 2 TINA LANE 01/06/2012 01/06/2017 HOPEWELL JUNCTION NY 12533 DOL DOL CITY GENERAL BUILDERS INC 131 MELROSE STREET 03/02/2010 03/02/2015 BROOKLYN NY 11206 DOL DOL ""'7086 CITY GENERAL IRON WORKS 131 MELROSE STREET 03/0212010 03/02/2015 INC BROOKLYN NY 11206 DOL DOL ""'5329 CNY MECHANICAL P O BOX 250 11/06/2008 11/0612013 ASSOCIATES INC EAST SYRACUSE NY 13057 DOL NYC "•"1768 COFIRE PAVING 120-3028TH AVENUE 01/14/2011 01114/2016 CORPORATION FLUSHING NY 11354 Page 2 of 10 NYSDOL Bureau of Public Work Debarment List 02121/2012 Article 8 • DOL DOE "'""8342 CONKLIN PORTFOLIO LLC 60 COLONIAL ROAD 02/15/2011 02/15/2016 STILLWATER NY 12170 DOL DOE '"""5740 CORTLAND GLASS COMPANY 336 TOMPKINS STREET 10/21/2010 07/15/2016 INC CORTLAND NY 13045 DOE NYC """8777 CROSSLAND ELECTRICAL 946 EAST 52ND STREET 12119/200B 12/29/2013 SYSTEMS INC BROOKLYN NY i 1203 DOE DOL ""'""0115 CROW AND SUTTON 949 GROVESIDE ROAD 08/27/2008 0812712013 ASSOCIATES INC BUSKIRK NY 12028 DOL DOL '""""4266 CRYSTAL INTERIOR 922 CRESCENT STREET 05/21/2008 05/21/2013 CONTRACTING INC BROOKLYN NY 11208 COL DOE ""'1804 CUSTOM GARDEN 283 NORTH MIDDLETOWN 09/28/2009 09/28/2014 LANDSCAPING INC ROAD PEARL RIVER NY 10965 DOL DOL ""'9453 D 8 D MASON CONTRACTORS 158-11 96TH STREET 06/25/2009 06/25/2014 INC HOWARD BEACH NY 11414 DOL DOE ""'6339 D J FLOORS INC 9276 VIA CIMATO DRIVE 08129/2007 08/29/2012 CLARENCE CENTER NY 14032 DOT DOL D JAMES SUTTON 949 GROVESIDE ROAD 08127/2008 08/27/2013 BUSKIRK NY 12028 COL DOE DANIEL CELLUCCI ELECTRIC 17 SALISBURY STREET 06/02/2010 06102/2015 GRAFTON MA 01519 DOE DOL "'""7129 DANIEL T CELLUCCI DANIEL 17 SALISBURY STREET 06/02/2010 0610212015 CELLUCCI GRAFTON MA 01519 ELECTRIC DOE DOL DARIN ANDERSON 134-25166 PLACE#5E 08/07/2008 08/07/2013 JAMAICA NY 11434 DOL DOE DARREN MAYDWELL 115 LEWIS STREET 05/12/2009 05/12/2014 VONKERS NY 10703 DOL DOL DEANNA J REED 5900 MUD MILL RD-BOX 949 0910212008 09/02/2013 BREWERTON NY 13029 DOL COL ''""3012 DECKMAN PAINTING 154 POND VIEW PARKWAY 04/16/2007 04/16/2012 ROCHESTER NY 14612 DOL COL "''"2311 DELCON CONSTRUCTION 220 WHITE PLAINS ROAD 08127/2009 08/2712014 CORP TARRYTOWN NY 10591 COL DOL ""'6971 DELPHI PAINTING AND 1445 COMMERCE AVENUE 10109/2007 10/0912012 DECORATING INC BRONX NY 10461 COL 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 05121/2013 BROOKLYN NY 11208 DOL DOL DIMITEIUS KASSIMIS 152-6511TH AVENUE 05/22/2008 05/2212013 WHITESTONE NY 11357 DOL DOT DONALD NOWAK 10 GARY LANE 10115/2009 10/15/2014 CHEEKTOWAGA NY 14227 COL DOL DONALD SCHWENDLER 9276 VIA CIMATO DRIVE 08/29/2007 08/29/2012 CLARENCE CENTER NY 14032 DOL DOL """6148 DOT CONSTRUCTION OF NY 765 BRADY AVE-APT 631 05/21/2008 05/21/2013 INC BRONX NY 10462 DOL COL DOUGLAS MCEWEN 121 LINCOLN AVENUE 02/2112008 02/21/2013 ROCHESTER NY 14611 DOL DOL DRAGOLJUB RADOJEVIC 6/WILLET ST 12103/2009 07/09/2015 -SUITE 14 PASSAIC NJ 07055 DOL NYC ""'6176 E N E L ELECTRICAL CORP 1107 MCDONALD AVENUE 07/301201D 07/30/2015 BROOKLYN NY 11230 DOL NYC ""'8074 ECONOMY IRON WORKS INC 670 SOUTHERN BLVD 06/14/2011 06114/2016 BRONX NY 10455 DOL COL EDWARD SUBEH ICHELSEA COURT 10/06/2008 10/06/2013 ATLANTIC CITY NJ 08401 DOL NYC ""'6260 EL TREBOL SPECIAL 95-26 76TH STREET 10112/2011 10/12/2016 CLEANING INC OZONE PARK NY 11416 DOL COL ""'3554 ELITE BUILDING 34-08 PARKWAY DRIVE 07/01/2008 07/21/2013 ENTERPRISES INC BALDVNN NY 11510 DOL DOE " "0780 EMES HEATING 8 PLUMBING 5 EMES LANE 01/20/2002 01/20/3002 CONTR MONSEY NY 10952 DOL DOL "11.6101 ENHANCED DATA COM INC 75 SHERBROOK ROAD 0 710 112 0 1D 07/01/2015 NORTH BABYLON NY 117D4 DOL DOL ERROL L ALLEN 134-25 166 PLACE#5E 08/07/2008 08/07/2013 JAMAICA NY 11434 DOL COL ESCO INSTALLERS LLC 1 CHELSEA COURT 10/06/2008 10/0612013 ATLANTIC CITY NJ 08401 DOL DOL ""'0329 FAULKS PLUMBING HEATING 3 UPTON STREET 06110/2008 06/10/2013 &AIR CONDITIONING INC HILTON NY 14468 DOL COL FERNANDO GOMEZ 201 RICHARDS STREET 02/25/2009 02/25/2014 BROOKLYN NY 11231 DOL COL "'^0]68 FISHER CONCRETE INC 741 WELSH ROAD 04/08/2009 04/08/2014 JAVA CENTER NY 14082 Page 3 of 10 NYSDOL Bureau of Public Work Debarment List 02/21/2012 Article 8 DOL DOL "'"5867 FJM-FERRO INC 682014TH AVENUE 10/27/2011 10/27/2016 BROOKLYN NY 11219 DOL DOL ""'0115 FOXCROFT NURSERIES INC 949 GROVESIDE ROAD 08/27/2008 08/27/2013 BUSKIRK NY 12028 DOL DOL FRANCIS(FRANK)OSCIER 3677 SENECA STREET 09/03/2008 09/03/2013 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 02/1 0/2016 SCARSDALE NY 10583 DOL NYC FRANK BAKER 24 EDNA DRIVE 05/14/2008 05/14/2013 SYOSSET NY 11791 DOL DOL FRANK J MERCANDO C/O 134 MURRAY AVENUE 11/22/2008 11/22/2013 MERCANDO YONKERS NY 10704 CONTRACTIN G CO INC DOL DOL FRANK J MERCANDO 134 MURRAY AVENUE 12/11/2009 12/11/2014 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 06/25/2015 COMPANY EAST SYRACUSE NY 13057 AKA ABDO TILE CO DOL NYC FREDERICK LEE 89 WALKER STREET 01/04/2008 01/04/2013 NEW YORK NY 10043 DOL DOL ""'9202 G&M PAINTING 13915 VILLAGE LANE 02/06/2010 02/05/2015 ENTERPRISES INC RIVERVIEW MI 48192 DOL DOL "'-1132 GA FALCONE 253 COMMONWEALTH 08/07/2007 08/07/2012 CONSTRUCTION INC AVENUE BUFFALO NY 14216 DOL DOL "'"7088 GBA CONTRACTING CORP 401521 ST AVENUE 01/11/2008 01/1112013 ASTORIA NY I I105 DOL DOL "'"6826 GBE CONTRACTING 12-14 UTOPIA PARKWAY 02/1012010 02/10/2015 CORPORATION WHITESTONE NY 11357 DOL NYC GELSOMINATASSONE 25 CLIFF STREET 06/15/2010 06/15/2015 NEW ROCHELLE NV 10801 DOL DOL GEORGE A PATTI III P 0 BOX 772 08/13/2010 08/13/2045 JAMESTOWN NY 14701 DOL NYC GEORGELUCEY 150 KINGS STREET 01/19/1998 01/19/2998 BROOKLYN NY 11231 DOL DOL GEORGE SHINAS 12-14 UTOPIA PARKWAY 02/10/2010 02/10/2015 WHITESTONE NY 11357 DOL DOL GERALD A POLLOCK 336 TOMPKINS STREET 06/29/2010 07/15/2016 CORTLAND NY 13045 COL DOL GERALD F POLUCH JR 2085 BRIGHTON HENRIETTA 11/04/2010 11/04/2015 TOWN LINE ROADROCHESTER NY 14623 DOL AG GERARD IPPOLITO 563 MUNCEY ROAD 07/14/2008 07/14/2013 WEST ISLIP NY 11795 DOL DOL ""4013 GR GRATES CONSTRUCTION 63 IRONWOOD ROAD 06/14/2010 O6/1 412 0 1 5 CORPORATION UTICA NY 13520 DOL DOL GRATES MERCHANT NANNA 63 IRONWOOD ROAD 06/14/2010 06/15/2015 INC UTICA NY 13520 DOL DOT GREG SURACI 364 BLEAKER ROAD 10/25/2007 10/2512012 ROCHESTER NY 14609 DOL DOL GREGG G GRATES 63 IRONWOOD ROAD 06/14/2010 O6/14/2015 UTICA NY 13520 DOL DOL GRETCHEN SULLIVAN P 0 BOX 130 11/10/2011 11/10/2016 CRETE IL 60417 DOL DOL GRIOGORIOS BELLOS 401521 ST AVENUE 01/11/2008 01/11/2013 ASTORIA NV 11105 DOL DOL ""'9985 GROUND LEVEL W GABY LANE 10/15/2009 10/15/2014 CONSTRUCTION CHEEKTOWAGA NY 14227 DOL DOL '""7735 GRYF CONSTRUCTION INC 394 SPOTSWOOD-ENGLISH 0810812011 08/08/2016 RD MONROE NJ 08831 DOL DOL ""'8904 HALLOCKS CONSTRUCTION P O BOX 278 12/0112008 12/01/2013 CORP YORKTOWN HEIGHTS NY 10598 DOL DOL HARALAMBOS KARAS 80-12 ASTORIA BOULEVARD 11/22/2008 10/2212013 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 HI-AMP ELECTRICAL 265-12 HILLSIDE AVENUE 02/15/2008 02/15/2013 CONTRACTING CORP FLORAL PARK NY 11004 DOL DOL "'^4331 HIDDEN VALALEV 225 SEYMOUR STREET 02/08/2011 02/08/2016 EXCAVATING INC FREDONIA NY 14063 Page 4 of 10 NYSDOL Bureau of Public Work Debarment List 02/21/2012 Article 8 • DOE DOL ""'9893 HOXIE'S PAINTING CO INC 2219 VALLEY DRIVE 12/04/2009 12104/2014 SYRACUSE NY 13207 DOE DOL ""'6429 ION ENTERPRISES INC 60 OUTWATER LANE 05/09/2009 05/09/2014 GARFIELD NJ 07026 DOE DOL ""'6293 IMPRESSIVE CONCRETE 264A SUBURBAN AVENUE 12/18/2007 12/18/2012 CORP DEER PARK NY 11729 DOE DOE ""'8898 IN-TECH CONSTRUCTION INC 8346 BREWERTON ROAD 07/06/2007 07/06/2012 CICERO NY 13039 DOL DOE ""'7561 INDUS GENERAL 33-0491ST STREET 04/28/2010 04/28/2015 CONSTRUCTION JACKSON HEIGHTS NY 11372 DOL DOE ""'0488 INTERWORKS SYSTEMS,INC. 1233 WALT WHITMAN ROAD 04/2912008 04/29/2013 MELVILLE NY 11747 DOL DOE ISRAEL MONTESINOS 517 MILES SQUARE ROAD 02/15/2008 02/1512013 YONKERS NY 10701 DOL DOE IVAN DMARKOVSKI 60 OUTWATER LANE 05/09/2009 05/09/2014 GARFIELD NJ 07026 DOE DOL IVAN TORRES 11 PLYMOUTH ROAD 02/15/2008 02/15/2013 DIX HILLS NY 11746 DOE DOL "'"0579 J 81 CONSTRUCTION CORP 110 FOURTH STREET 02115/2008 02/15/2013 NEW ROCHELLE NY 10801 COL DOE J 8 N LEASING AND BUILDING 154 EAST BOSTON POST 08/1112009 08/11/2014 MATERIALS ROAD MAMARONECK NY 10543 DOL DOE ""'1584 J M TRI STATE TRUCKING INC 140 ARMSTRONG AVENUE 10/2112009 10/21R014 SYRACUSE NY 13209 DOE DOL JAMES SICKAU 3090 SHIRLEY ROAD 04/19/2011 12/30/2016 NORTH COLLINS NY 14111 DOE DOL JAMES WALSH 89 EDISON AVENUE 10/28/2011 10/28/2016 MOUNT VERNON NY 10550 DOE COL JASON ASBURY 22562 SEA BASS DRIVE 10/1012007 10/10/2012 BOCA RATON FL 33428 COL DOE JEANETTE CALICCHIA 1223 PARK STREET 09/12/2007 09/12/2012 PEEKSKILL NY 10566 DOE DOL JEFFREY A NANNA 502 WOODBURNE DRIVE 06/14/2010 06/14/2015 UTICA NY 13502 DOE DOL JEFFREY ARTIERI 107 STEVENS STREET 11/0412009 11/04/2014 LOCKPORT NY 14094 DOE DOL JOHN B DUGAN 121 LINCOLN AVENUE 02/2112008 02/21/2013 ROCHESTER NY 14611 DOL DA JOHN BIAS 153 BAYWOODS LANE 03/19/2007 03/19/2012 BAY SHORE NY 11706 DOL DOL JOHN BUONADONNA 283 NORTH MIDDLETOWN 09128/2009 09128/2014 ROAD PEARL RIVER NY 10965 COL DOE JOHN DESCUL 75 MCCULLOCH DRIVE 10/19/2010 10/1912015 DIX HILLS NY 11746 DOL NYC JOHN DITURI 1107 MCDONALD AVENUE 07/30/2010 07/30/2015 BROOKLYN NY 11230 DOE NYC JOHN FICARELLI 120-3028TH AVENUE 01I14/2011 01/14/2016 FLUSHING NY 11354 DOE DOL JOHN JIULIANNI 222 GAINSBORG AVENUE E 05/10/2010 05110/2015 WEST HARRISON NY 10604 DOE NYC JOHN MARI JR 278 ROBINSON AVENUE 04/06/2008 04/0612013 NEW YORK NY 10312 COL NYC JOHN O'SHEA 4350 BULLARD AVENUE 01/28/2008 01/2812013 BRONX NY 10466 DOL DOL "'"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 DOE JORGE OUVINA 344 SOUNDVIEW LANE 11/22/2011 11/22/2016 COLLEGE POINT NY 11356 DOE DOL JOSE DOS SANTOS JR 85-0860TH AVENUE 1112112008 11/21/2013 ELMHURST NY 11373 DOE DOL JOSE MONTAS 27 BUTLER PLACE 03/18/2011 03/18/2016 YONKERS NY 10710 DOE DOE JOSEPH CALICCHIA 1223 PARK STREET 09/12/2007 09/12/2012 PEEKSKILL NY 10566 DOL DOL JOSEPH CASUCCI 682014TH AVENUE 1D12712011 10/2712016 BROOKLYN NY 11219 DOL DOE JOSEPH MONETTE CIO JOHN MONETTE 10/21/2009 1012112014 14D ARMSTRONG AVENUESYRACUSE NY 13209 DOL COL ""'1763 JR RESTORATION 8 ROOFING 152-6511 TH AVENUE 05/22/2008 0512212013 INC WHITESTONE NY 11357 Page 5 of 10 NYSDOL Bureau of Public Work Debarment List 0 212112 01 2 Article 8 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 06/25/2007 06/25/2012 CONSTRUCTION,INC. MIDDLETOWN NY 10940 DOL DOL KNELSON SACKOOR 16 JOY DRIVE 01/05/2010 01/05/2015 NEW HYDE PARK NY 11040 DOL NYC KAMIL OZTURK 3715 KINGS HWY-STE 1D 06/30/2010 O6/30/2015 BROOKLYN NY 11234 DOL NYC KAZIMIERZ KONOPSKI 194 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 12/16/2W3 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 011142016 INC P O BOX 2LAKEWOOD NY 14750 DOL DOL KRIS CLARKSON 2484 CATON ROAD 06/20/2007 06/20/2012 CORNING NY 14830 DOL DOL KRZYSZTOF PRXYBYL 2TINA LANE 0110612112 0IM62017 HOPEWELL JUNCTION NY 2533 DOL DOL ""'0526 LAGUARDIA CONSTRUCTION 47-4048TH STREET 07/01/2011 07/01/2016 CORP WOODSIDE NY 11377 DOL NYC ""'8816 LAKE CONSTRUCTION AND 150 KINGS STREET 08/19/1998 08/1912998 DEVELOPMENT BROOKLYN NY 11231 CORPORATION DOL DOL ""'9628 LANCETARCH INC 112 HUDSON AVENUE 02/14/2006 10/19/2014 ROCHESTER NY 14605 DOL DOL LANCET SPECIALTY C/O CATENARY 10/19/2009 10/19/2014 CONTRACTING CORP CONSTRUCTION 112 HUDSON AVENUEROCHESTER NY 14605 DOL DOL LARRY FRANGOS 5752 WEST WEBB ROAD 05/21/2008 05/21/2013 YOUNGSTOWN OR 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. 563MUNCEYROAD 07/14/2008 07/142013 WEST ISLIP NY 11795 DOL COL ""'8453 LINPHILL ELECTRICAL 523 SOUTH 10TH AVENUE 01/07/2011 01/07/2016 CONTRACTORSINC MOUNT VERNON NY 10553 DOL DOL LINVAL BROWN 523 SOUTH 10TH AVENUE 01/07/2011 01/07/2016 MOUNT VERNON NY 10553 DOL DOL "•"5113 LED CONTRACTING INC 1205 MCBRIDE AVENUE n02/04/2011 08/27/2012 WEST PATTERSON NJ 07424 COL DOL •'"'S171 LUVIN CONSTRUCTION CORP P 0 BOX 357 03/15/2015 CARLE PLACE NY 11514 DOL DOL ""'9688 M K PAINTING INC 4157 SEVENTH STREET 05/14/2012 WYANDOTT MI 48192 DOL DOL MANUEL ESTEVES 55 OLD TURNPIKE ROAD 02/04/2016 SUITE 612MANUET NY 10954 COL NYC MANUEL P TOBIO 150 KINGS STREET 08/19/2998 BROOKLYN NY 14444 DOL NYC MANUEL TOBIO 150 KINGS STREET 08/19/1998 08/19/2998 BROOKLYN NY 11231 DOL DOL MARIO R ECHEVERRIA JR 588 MEACHAM AVE-SUITE 103 08/24/2010 08124/2015 ELMONT NY 11003 DOL DOL MARK LINDSLEY 355 COUNTY ROUTE 8 08/0612009 08/14/2014 FULTON NY 13069 DOL DOL MASONRY CONSTRUCTION 220 FERRIS AVENUE 12Y0412009 12/04/2014 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 ^...I'll MATSOS CONTRACTING 12-14 UTOPIA PARKWAY 02/10/2010 02/10/2015 CORPORATION WHITESTONE NY 11357 DOL AG "'"9970 MAY CONSTRUCTION CO INC 700 SUMMER STREET 11/24/2009 11/24/2014 STAMFORDCT DOL DOL ""'9857 MBL CONTRACTING 2620 ST RAYMOND AVENUE 08/30/2011 08/30/2016 CORPORATION BRONX NY 10461 DOL DOL MCI CONSTRUCTION INC 9750LD MEDFORD AVENUE 08/24/2009 08/24/2014 FARMI NGDALE NY 11738 Page 6 of 10 NYSDOL Bureau of Public Work Debarment List 0 2121/2 01 2 Article 8 DOL DOE ""'5936 MCSI ADVANCED AV 2085 BRIGHTON HENRIETTA 1110412011 1IM112015 SOLUTIONS LLC TOWN LINE ROADROCHESTERI 14623 DOL DOL """""4259 MERCANDO CONTRACTING 134 MURRAY AVENUE 12/11/2009 12/11/2014 CO INC YONKERS NV 10704 DOE DOL ""'0327 MERCANDO INDUSTRIES LLC 134 MURRAY AVENUE 12/11/2009 12111/2014 YONKERS NY 10704 DOL DOL MICHAEL HAYNES 211 BRUCE STREET 12/07/2011 12/07/2016 SYRACUSE NV 13224 DOE DOE MICHAEL L.KRIVITZA NORTHEAST 105 PINE STREET-APT 2 05/14/2007 05/14/2012 TECHNOLOGI EAST ROCHESTER NV 14445 ES DOE DOE MICHAEL STEVENS STEVENS 2458 EAST RIVER ROAD 01/23/2008 01123/2013 TRUCKING CORTLAND NV 13045 DOL DOL ""'0860 MICHAEL STEVENS STEVENS 2458 EAST RIVER ROAD 01/2312008 01/23=3 TRUCKING CORTLAND NV 13045 DOE DOE MICHAEL TAYLOR 66 RVBKA ROAD 03/02/2007 03/02/2012 STUYVESANT FALLS NY 12174 DOE DOL '""'"2635 MIDLAND CONSTRUCTION OF 13216 CALUMET AVENUE 11/10/2011 11110/2016 CEDAR LAKE INC CEDAR LAKE IL 46303 DOL DOL '""5517 MILLENNIUM PAINTING INC 67 WARD ROAD 01/2V2011 01/21/2016 SALT POINT NY 12578 DOL DOE ""'0818 MILLER SANDBLASTING AND 121 LINCOLN AVENUE 02/21/2008 02/21/2013 PAINTING ROCHESTER NV 14611 DOL NYC MOHAMMAD SELIM 73-12 35TH AVE-APT F63 03104/2010 03/04/2015 JACKSON HEIGHTS NY 14372 DOL DA MOHAMMED SALEEM 768 LYDIG AVENUE 08/18/2009 05/25/2015 BRONX NY 10462 DOL NYC ""'2690 MONDOL CONSTRUCTION INC 11-2730TH DRIVE 05/25/2011 05/25/2016 LONG ISLAND CITY NY 111 W DOL DOL MORTON LEVITIN 3506 BAVFIELD BOULEVARD 08130/2011 08/30/2016 OCEANSIDE NY 11572 DOL DOL ""'2357 MUNICIPAL MILLING&MIXAN- 9091 ERIE ROAD 02/03/2011 02/0312016 PLACE ANGOLA NV 14006 DOL COL ""'2251 MURDOUGH DEVELOPMENT 203 KELLV DRIVE 03/26/2008 03/26/2013 CO.,INC. EAST AURORA NV 14052 DOL DA ""'9642 MUTUAL OF AMERICAL 768 LYDIG AVENUE 08/18/2009 05/25/2015 GENERAL CONSTRUCTION& BRONX NY 10462 MANAGEMENT CORP DOE DOL N PICCO AND SONS 154 EAST BOSTON POST 08/11/2009 08I11/2014 CONTRACTING INC ROAD MAMARONECK NV 10543 DOT OOL "'"4133 NASDA ELECTRICAL 134-25166 PLACE-#5E 08107/2008 08/07/2013 ENTERPRISES INC JAMAICA NV 11434 COL COL """"9445 NASDA ENTERPRISES INC 134-25166 PLACE#SE 08/0712008 0810712013 JAMAICA NV 11434 DOL DOL NAT PICCO 154 EAST BOSTON POST 08/22/2009 08/22/2014 ROAD MAMARONECK NV 10543 DOL DOL NICOLE SPELLMAN 2081 JACKSON AVENUE 06103/2010 06103/2015 COPIAGUE NV 11726 DOL DOL NIKOLAS PSAREAS 656 N WELLWOOD AVE/STE C 09I0112011 0910112016 LINDENHURST NV 11757 DOT DOE ""'9890 NOBLE CONSTRUCTION 23960 WHITE ROAD 02/1412008 02/14/2013 WATERTOWN NY 13601 DOE DOL """7771 NORTHEAST TECHNOLOGIES 105 PINE STREET APT.2 05114/2007 05/1412012 EAST ROCHESTER NV 14445 DOL DOL ""'1833 NORTHEASTERN SUPREME 66 BENEDICT STREET 03/02/2007 03/02/2012 FLOOR CO.,INC CASTLETON NY 12033 DOL DOL '"""7041 NYCOM SERVICES CORP 80-12 ASTORIA BOULEVARD 11/2212008 11/22/2013 EAST ELMHURST NY 11370 DOL DOE ""'0797 0 GLOBO CONSTRUCTION 85-0660TH AVENUE 11/21/2008 11/21/2013 CORP ELMHURST NV 11373 DOL NYC OLIVER HOLGUIN 95-2676TH STREET IBIT 212011 10/12/2016 OZONE PARK NV 11416 DOL NYC """3855 OT&T INC 36-28 23RD STREET 01/15/2008 0511412013 LONG ISLAND CITY NV 11106 DOE NYC """"9833 PARADISE CONSTRUCTION 68148TH AVENUE 12/0512007 12/05/2012 CORP BROOKLYN NY 11220 DOL DOL ""'S226 PASCARELLA&SONS 459 EVERDALE AVENUE 01/10/2010 01/1012015 WEST ISLIP NV 11759 DOL DOE PATRICK BURNS 19 E.CAYUGA STREET 05/1512DOB 05/15I2013 OSWEGO NY 13126 DOL DOL PATRICK SEA UGHNESSV 86 REDWOOD DRIVE 05/16/2008 OSli 6/2013 ROCHESTER NY 14617 DOL DOL PEDRO RINCON 131 MELROSE STREET 03/02/2010 03/02/2015 BROOKLYN NY 11206 Page 7 of 10 NYSDOL Bureau of Public Work Debarment List 02/21/2012 Article 8 DOL DOE PETER J LANDI 249 MAIN STREET 10/05/2009 10/05/2014 EASTCHESTER NY 10709 DOL DOL •"•'7229 PETER J LAN01 INC 249 MAIN STREET 10/05/2009 10/05/2014 EASTCHESTER NY 10709 DOL DOE .....1136 PHOENIX ELECTRICIANS 540 BROADWAY 03/09/2010 03/09/2015 COMPANY INC P O BOX 22222ALBANY NY 12201 DOL DOL •""'"5419 PINE VALLEY LANDSCAPE RR 1,BOX 285-B 0812712008 08/27/2013 CORP BUSKIRK NY 12028 DOE DOE PRECISION DEVELOPMENT 115 LEWIS STREET 05/12/2009 05M2/2014 CORP YONKERS NY 10703 DOL DOL '•'•9914 PRECISION SITE 89 EDISON AVENUE 10/2B/2011 10/28/2016 DEVELOPMENT INC MOUNT VERNON NY 10550 ROL DOL "'"'"9359 PRECISION STEEL ERECTORS P O BOX 949 09/02/2008 09/02/2013 INC BREWERTON NY 13029 DOE DOE "•'••6895 PROLINE CONCRETE OF WNY 3090 SHIRLEY ROAD 04/19/2011 12YB0/2016 INC NORTH COLLINS NY 14111 DOL DOE ••••"2326 PUTMAN CONSTRUCTION 29 PHYLLIS AVENUE 09/03/2008 09/03/2013 COMPANY OF WESTERN NY BUFFALO NY 14215 DOE DOE "'•*7436 R&H COMMERCIAL 102 WILLOW AVENUE 06/20/2007 06/20/2012 FLOORING,INC. WATKINS GLEN NY 14891 DOL DOE '•""1596 R&T SUPREME SPORTS 66 RYBKA ROAD 03/02/2007 03/022012 FLOORING,LLC STUYVESANT FALLS NY 12174 DOE DOL "'"1629 R S CONSTRUCTION 571 MILES SQUARE ROAD 04/04/2007 04/04/2012 COMPANY LLC YONKERS NY 10701 DOE DOL RAMON BONILLA 938 E 232ND STREET#2 05/25/2010 DS/25/2015 BRONX NY 10466 DOE DOE "•••7294 REDWOOD FLOORING,INC. 88 REDWOOD DRIVE 05/16/2008 05/16/2013 ROCHESTER NY 14617 DOL NYC '"•••6978 RISINGTECH INC 243�03137TH AVENUE 03/25/2010 03/25/2015 ROSEDALE NY 11422 DOL DOE ROBBYE BISSESAR 89-51 SPRINGFIELD BLVD 01/11/2003 01/11/3003 QUEENS VILLAGE NY 11427 DOE DOE ROBERT DIMARSICO 1233 WALT WHITMAN ROAD 04/29/2008 04/29/2013 MELVILLE NY 11747 DOE NYC ROBERT FICARELLI 120-3028TH AVENUE 01/14/2011 01/14/2016 FLUSHING NY 11354 DOE DOL ROBERT O'HANLON 635 MIDLAND AVENUE 07109/2007 07/09/2012 GARFIELD NJ 07026 DOL DOL ROBERT STEVENSON 571 MILES SQUARE ROAD 04/04/2007 04/04/2012 YONKERS NY 10701 DOL DOL ""•'1721 ROBERTS CONSTRUCTION OF 5 SANGER AVENUE 01/28/2009 01128/2014 UPSTATE NEW YORK INC NEW HARTFORD NY 13413 DOL DOL .....3467 ROCKERS AND NOCKERS LLC 207 RIVERVIEW ROAD 10/23/2007 1W2312012 REXFORD NY 12148 DOL DOE ""•9025 ROJO MECHANICAL LLC 938 E 232ND STREET#2 05/25/2010 05/25/2015 BRONX NY 1 D466 DOL DOL RONALD R SAVOY C/O CNY P O BOX 250 11/06/2008 11/06/2013 MECHANICAL EAST SYRACUSE NY 13057 ASSOCIATES INC DOL DOE ROSARIO CARRUBBA 5755 NEWHOUSE ROAD 10/10/2007 10/10/2012 EAST AMHERST NY 14051 DOL DOL "•'"'5905 ROSE PAINTING CORP 222 GAINSBORG AVENUE 05/10/2010 05/10/2015 EAST WEST HARRISON NY 1 D604 DOL NYC ROSS J HOLLAND 120-30 28TH AVENUE 01/14/2011 01/14/2016 FLUSHING NY 11354 DOL DOE RUSSELL TUPPER 8346 BREWERTON ROAD 07/06/2007 07106/2012 CICERO NY 13039 DOE DOL RUTH H SUTTON 939 GROVESIDE ROAD 08/27/2008 08/27/2013 BUSKIRK NY 12028 OOL DOE S&M CONTRACTING LLC 30 MIDLAND AVENUE 11/05/2010 11/05/2015 WALLINGTON NJ 07067 DOE DOL '•'•"2585 S B WATERPROOFING INC SUITE#3R 11/04/2009 11/04/2014 2167 CONEY ISLAND AVENUEBROOKLYN NY 11223 DOL DOE .....9066 SAMAR PAINTING& 137 E MAIN STREET 12101/2008 12/01/2013 DECORATING INC ELMSFORD NY 10523 DOL NYC '•'"0987 SCHWARTZ ELECTRIC 89 WALKER STREET 01/04/2008 01104/2013 CONTRACTORS INC NEW YORK NY 1D013 _ DOE DOE ""'6348 SEABURY ENTERPRISES LLC 22562 SEA BASS DRIVE 1 Oil 0/2007 10/1012012 BOCA RATON FL 33428 DOL NYC ""'"4020 SERVI-TEK ELEVATOR CORP 2548 EAST TREMONT AVENUE 06/04/2009 06/04/2014 BRONX NY 10461 Page 8 of 10 NYSDOL Bureau of Public Work Debarment List 02/2112012 Article 8 • DOE NYC ""'8252 SEVERN TRENT 16337 PARK ROW 11112I2007 1 06/12/2012 ENVIRONMENTAL SERVICES HOUSTON TX 77084 INC DOE NYC SHAFIOUL ISLAM 11-27 30TH DRIVE 05/25/2011 05/2512016 LONG ISLAND CITY NY 11102 DOL DOE SHAIKF YOUSUF CIO INDUS GENERAL CONST 04/28/2010 04/28/2015 33-04 91ST STREETJACKSON HEIGHTS NY 11372 DOE DOL "" 0256 SIERRA ERECTORS INC 79 MADISON AVE-FL 17 04116/2009 04/16/2014 NEW YORK NY 10016 DOE DOL ""'0415 SIGNAL CONSTRUCTION LLC 199 GRIDER STREET 11/14/2006 02/25/2015 BUFFALO NY 14215 DOL DOE "'"8469 SIGNATURE PAVING AND P 0 BOX 772 08/1312010 08/13/2015 SEALCOATING JAMESTOWN NY 14701 DOE DOL ^"'8469 SIGNATURE SEALCOATING 345 LIVINGSTON AVENUE 04/0412007 08/1312015 AND STRIPING SERVICE P 0 BOX 772JAMESTOWN NY 14702 DOE DOL ""'0667 SNEEM CONSTRUCTION INC 43-2242NO STREET 07/01/2011 07/0112016 SUNNYSIDE NY 11104 DOE DOL SPASOJE DOBRIC 61 WILLET STREET-SUITE 07/09/2010 07/09Q015 PASSAIC NJ 07055 DOE DOL ""'3539 SPOTLESS CONTRACTING IMPACT 44 THIELLS-MT IVY ROAD 10I14/2011 10/14/2016 INDUSTRIAL POMONA NY 10970 SERVICES INC DOE DOL ""'3496 STAR INTERNATIONAL INC 89-51 SPRINGFIELD BLVD 08/11/2003 08/11/3003 QUEENS VILLAGE NY 11427 DOE NYC ""'6650 START ELEVATOR 4350 BULLARD AVENUE 01/28/2008 01128/2013 CONSTRUCTION,INC. BRONX NY 10466 DOL NYC ""'3896 START ELEVATOR 4350 BULLARD AVENUE 01/28I2008 01/2812013 MAINTENANCE,INC. BRONX NY 10466 DOE NYC ""'1216 START ELEVATOR REPAIR, 4350 BULLARD AVENUE 01/28/2008 01/28/2013 INC. BRONX NY 10466 DOL NYC ""'2101 START ELEVATOR,INC. 4350 BULLARD AVENUE 01128/2D08 01/28/2013 BRONX NY 10466 DOL DOL STEED GENERAL 1445 COMMERCE AVENUE 10/09/2007 10109/2012 CONTRACTORSINC BRONX NY 10461 DOL DOL STEFANIE MCKENNA 30 MIDLAND AVENUE 11/0512010 11/05/2015 WALLINGTON NJ 07057 DOL DOL STEPHEN BALZER 34-08 PARKWAY DRIVE 07/01/2008 07/0112013 BALDWIN NY 11510 DOL DOE STEVE PAPASTEFANOU 1445 COMMERCE AVENUE 10109/2007 10/09/2012 BRONX NY 10461 DOL DOL STEVEN CONKLIN 60 COLONIAL ROAD 02115/2011 02/15/2016 STILLWATER NY 12170 DOL DOL "'^4081 STS CONSTRUCTION OF WNY 893 EAGLE STREET 06/09/2009 06109/2014 BUFFALO NY 14210 DOL DOL ""'5966 SUPREME SPORT SURFACES, 66 BENEDICT STREET 03/0212007 D310212012 INC. CASTLETON NY 12033 DOL DOL ""'2036 SURACI ENTERPRISES INC 364 BLEAKER ROAD 1012512007 10/2512012 ROCHESTER NY 14609 DOE DOE ""'4293 THE J OUVINA GROUP LLC 344 SOUNDVIEW LANE 11/2212011 11/22/2016 COLLEGE POINT NY 11356 DOE COL THEODORE F FAULKS 18 FIREWEED TRAIL 06110/2008 06/10/2013 HILTON NY 14468 DOL DOL THOMAS ASCHMONEIT 79 MADISON AVENUE-FL 17 04/16/2009 04116/2014 NEW YORK NY 10016 DOL DOE THOMAS DEMARTINO 158-11 96TH STREET 06/25/2009 06/25/2014 HOWARD BEACH NY 11414 DOL DOL THOMAS GORMALLY 250 KNEELAND AVENUE 07I0912007 07/09/2012 YONKERS NY 10705 COL DOL THOMAS TERRANOVA 13 NEW ROADISUITE 1 11/1512010 11/15/2015 NEWBURGH NY 12550 DOL NYC TIMOTHY 0 SULLIVAN C/O SNEEM CONSTRUCTION 07101/2011 07/01/2016 432242ND STREETSUNNYSIDE NY 11104 DOL DOE TIMOTHY P SUCH 893 EAGLE STREET 06/09/2009 06/09/2014 BUFFALO NY 14210 • DOE DOL TNT DEMOLITION AND 355 COUNTY ROUTE 8 08/08/2D09 08119/2014 ENVIRONMENTAL INC FULTON NY 13069 DOL DOE ""3315 TOTAL DOOR SUPPLY& 16 JOY DRIVE 01/05/2010 01/05/2015 INSTALLATION INC NEW HYDE PPARK NY 11040 • DOL DOE ""3315 TOTAL DOOR SUPPLY& 16 JOY DRIVE 01I0512010 01105I2015 INSTALLATION INC NEW HYDE PPARK NY 11040 OOL DOL ""'2357 TRAC CONSTRUCTION INC MUNICIPAL 9091 ERIE ROAD 02/03/2D11 02103/2D16 MILLING&MIX ANGOLA NY 14006 -IN-PLACE Page 9 of 10 NYSDOL Bureau of Public Work Debarment List 02/21/2012 Article 8 DOL DOL TRI STATE TRUCKING INC 140 ARMSTRONG AVENUE 10/21/2009 10/21/2014 SYRACUSE NY 13209 DOL DOL ""'5213 TRIAD PAINTING CO INC 656 N WELLWOOD AVEISTE C 09/01/2011 09/01/2016 LINDENHURST NY 11757 DOL DOL ""'4294 TWT CONSTRUCTION 13 NEW ROAD/SUITE 1 11/15/2010 11/15/2015 COMPANY INC NEWBURGH NY 12550 DOL NYC ^ '5184 UDDIN USA CORP 663 DEGRAW STREET 05/17/2007 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 06/20/2007 06/20/2012 RECREATION INC DEER PARK NY 11728 DOL DOL ""'0854 VANESSA CONSTRUCTION 588 MEACHAM AVE/STE 103 08/24/2010 08/24/2015 INC ELMONT NY 11003 DOL DOL VIRGINIA L CAPONE 137 E MAIN STREET 12101/2008 12I01I2013 ELMSFORD NY 10523 DOL NYC '"9936 VISHAL CONSTRUCTION INC 73-12 35TH AVE-APT F63 03/04/2010 03/04/2015 JACKSON HEIGHTS NY 11272 DOL DOL ""'0329 WET PAINT CO.OF OSWEGO, 19 E.CAYUGA STREET 05/15/2008 05/15/2013 INC OSWEGO NY 13126 DOL DOL WHITE PLAINS CARPENTRY 220 FERRIS AVENUE 12/04/2009 12/04/2014 CORP WHITE PLAINS NY 10603 DOL DOL WILLIAM PUTNAM 50 RIDGE ROAD 09/03/2008 09/03/2013 BUFFALO NY 14215 DOL DOL WILLIAM SCRIVENS 30 MIDLAND AVENUE 11/05/2010 11/05/2015 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 02/10/2016 SCARSDALE NY 10583 DOL AG YULY ARONSON 700 SUMMER STREET 11/24/2009 11/24/2014 STAMFORD CT DOL DOL ZEPHENIAH DAVIS 2068 ANTHONY AVENUE 12/26/2007 11/26/2012 BRONX NY 10457 Page 10 of 10 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 �RI4 NT �GT NG �' TER IAGS .ZNG (Bidder) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract and, 2. 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: O'D��Yf aJ S ( ;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 elf to these�/IBid Conditions, these trades being: r 0 l /,b e ; and, 3. 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. s o (S ature of Authonz d epresentative 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 forfaithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signature: (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 (Bidder's Name) the will execute (Surety Company) the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: 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, thatwe (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) 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 tide of 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 Ptincipal 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 material 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 Obligie the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obiigee 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 ( (Principal) (Seal) (Witness) 1 ( (Title) 1 (Surety) (Seat) (Witness) (l (Title) AIA DOCUMENT A310• BID BOND•AIA®•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. I0000 1 WARNING:Unlicensed photocopying violates U.S.impyright laws and Is subject to legal prosecution. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of contractor) as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ j 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 (Here insert full name, address and description of project) in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 19-0 ED. •THE AMFRIC AN INSTITLITF OF ARCHITECTS, 17 iS N.Y. AVE.. N.W., WASHINGTON, D. C 20006 WARNING:Unlicensed photocopying violates U.S.copyright laws 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 defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having but not exceeding, including other costs and damages for which the Surety may be liablehereunder, the amount performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly set forth in the first paragraph hereof. eof. The term "balance of the contract price," as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- Any suit under this bond must be instituted before termination by Surety of the lowest responsible bidder, the expiration of two (2) years from the date on which or, if the Owner elects, upon determination by the final payment under the Contract falls due. Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner. Signed and sealed this day of 19 (Principal) (Seal) (Witness) )Tide) (Si (WilnesA (TWO AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 8 FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 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 (dollars) lawful money of the United States of America, to it in hand paid by: (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 (Owner/Contracting Agency) , and 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: 20 _ and any admittance or supplements thereto. IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by 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: a. The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,or national origin,and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color,or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment,job assignment, promotion, upgrading,demotion,transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. b. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding,a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called"non-discrimination clauses",and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise,that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed,color, or national origin,and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color,or national origin. Such action shall be taken with reference,but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. C. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses"a."and"b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. d. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Long Creek Drainage Retrofit Projects j_� e. The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. f. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses,and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. g. If this Contract is canceled or terminated under clause"U', in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services,material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. h. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a mannerthat such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner,the Contractor shall promptly so notify the Owner's representatives/ counsel,request him to intervene and protect the interests of the Owner(Contracting Agency's jurisdictional area). 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 New York, (hereinafter called the Surety), as Surety, are held and firmly bound unto the (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 period 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 ) ss: COUNTY OF ) On this day of 20_ before me personally appeared the within named to me known, and known to me to be the individual described in and who executed the within bond, and acknowledged to me that he (HASMAS NOT) (HASMAS NOT) executed the same. NOTARY PUBLIC Long creek Drainage Retrofit Projects j-2 T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO IT S MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9, PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY 13. MISCELLANEOUS PROVISIONS SEPARATE CONTRACTORS 14, TERMINATION OR SUSPENSION OF THE 7. CHANGES IN THE WORK CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925,1937, 1951, 1958, tool, 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 AIA violates the copyright laws of the United States and will be subject to legal prosecutions. 1 1 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. AIA DOCUMENT A201 •GENERAL CONDITIONS OF 771E CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OFARCHITECIS, 1-35 NEW YORK AVENUE,N.W_,WASHINGl'ON,D.C.20006 A201-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. INDEX Acceptance of Nonconforming Work . . . . . . . . . 9.6.6,993,12.3 Building Permit . . . .. . . .. . .. . . .. . . . . . . . . . .. . . . .. .. . . 3.7.1 Acceptance of Work . .. . . . . . . . . 9.6.6,9.8,2,9.9.3,9.10.1,9.10.3 Capitalization. .. . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 1.4 ACCBes to Work. 3.16,6.2.1, 12.1 Certificate of Substantial Completion . . . . . . . .. . . . . . . . . . . . 9,8,2 Accident Prevention.. . . . . . .. . . . . . . . . . . . . . . . . . . . 4.2.3, 10 Certificates for Payment. . . . . 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1, Acts and Omissions .. . 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, 9.6.6, 9.7.1,9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.13, 14.2A 4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Certificates of Inspection,Testing or Approval . . . . . 3.12.11, 13.5.4 Addenda . . . . . . . . . . . . . . . . . . _ . . . . . . .. . . . . . . 1.1.1,3.11 Certificates of Insurance . . . . . 9.3.2,9.10.2, 11.1.3 Additional Cost,Claims for. . . . . . . . . 4.3.6,4.3.7,4.3.9,6.1.1, 10.3 Change Orders. . . . . . 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3.3,5.2.3, Additional Inspections and Testing. . . . . . . 4.2.6,9.8.2, 1221, 13.5 7.1,7.2, 7.3.2, 8.3.1,9.3.1.1,9.10.3, I1.3.L2, Additional Time,Claims for.. . . . . . . . . . . . 4.3.6,4.3.8,4.3.9,8.3.2 11.3.4, 11.3.9, 12.1.2 ADMINISTRATION OF THE CONTRACT . . . . . . . 3.33,4,9.4,9.5 Change Orders,Definition of. . . . . . . . . . . . . . . . . . . . . . . . .. 7.2 1 Advertisement or Invitation to Bid . . . . . . . . . . . . . . . .. . . .. . 1.1.1 Changes. .. .. . . .. . . . . . . . _ . . . . . _ . . . . . . . . . . . . . . . . .. 7.1 Aesthetic Effect. . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . 4.2.13.4.5.1 CHANGES IN THE WORK . . . . 3.11,4.2.8,7,8.3.1,9.3.1.1, 10.1.3 Allowances . . .. . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8 Claim,Definition of. . .. _ . . . . .. . . . . . . . . . . . . .. 4.3.1 All-risk Insurance. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 11.3.1.1 Claims and Disputes . . . .. .. _ . . . . . . . 4.3,4.4,4.5,6.2.5,8.3.2, Applications for Payment . . 4.2.5,7.3.7,9.2,9.3,9.4,9,5,1,9,6.3, 9.3.1.2, 9.3.3, 9.10.4, 10.1.4 9.8.3,9.10.1, 9.10.3,9A0.4, 11.1.3, 14.2.4 Claims and Timely Assertion of Claims . . . . . . . . 4.5.6 Approvals . . . . 2.4,3.3.3,3.5,3.10.2,3.12.4 through 3.12.8,3.18.3, Claims for Additional Cost. . . . . . . . 4.3.6,4.3.7,4.3.9,6.1.1, 10.i 4.2.7, 9.3.2, 11.3.1.4, 13.4.2, 13.5 Claims for Additional Time. . . . _. . . . . . 4.3.6,4.3.8,4.3.9,8.3.2 Arbitration . . . . . . . . . . . . . . . . . . . . . 4A.4,4.32,4.3.4,4.4.4,4.5, Claims for Concealed or Unknown Conditions. . . . . . . . . . . 4.3.6 8.3.1, 10A.2, 11.3.9, 11.3.10 Claims for Damages. . .3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2, 10.1.4 Architect . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 Claims Subject to Arbitration. . . . .. . . . . . . . . . . . 4.3.2,4.4.4,4.5.1 Architect,Definition of. . _ . . . . . .. . . . _ . . . . . . _ _ 4.L 1 Cleaning Up . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 3.15,6.3 Architect,Extent of Authority. . . . . . . . 2.4,3.12.6,4.2,4.3.2,4.3.6, Commencement of Statutory Limitation Period . . . . . . . . . . 13.7 4.4, 5.2, 6.3, 7.1.2, T2.1, 7.3.6. 7A, 9.2,9.3.1, Commencement of the Work,Conditions Relating to. . . . 2.1.2, 9.4, 95,9,6.3,9.8.2,9.8.3,9.10A,9,10.3, 12A, 12.2.1, 22.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 5.2.1, 13.5.1, 13.52, 14.2.2, 14.2A 6.2.2, 8.1.2, 8.2.2, 9,2, 11.1.3, 11.3.6, 11.4.1 Architect,Limitations of Authority and Responsibility . 3.3.3,3.12.8, Commencement of the Work,Definition of. .. . . . . .. . . . . . 8.1.2 3.12.11,4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, Communications Facilitating Contract 4.2.13, 4.3.2, 5.2.1, 7.4, 9.4.2, 9.6.4,9.6.6 Administration . 3.9.1,4.2.4,5.2.t Architect's Additional Services and Expenses . . . . . .. .. . 2.4,9.8.2, Completion,Conditions Relating to . . . .. . . 3.11,3.15,4.2.2,4.2.9, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4 4.3.2,9.4.2,9.8,9.9.1,9,10, 11.3.5, 12.2.2, 13.7.1 Architect's Administration of the Contract. . . . . . . . . . 4.2,4.3.6, COMPLETION,PAYMENTS AND. . . . . . . . . . . . . .. . . . . . . . . . . 9 4.3.7, 4.4,9A,9.5 Completion,Substantial. . . . . . . . . 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, Architect's Approvals 2.4,3.5.1,3.10.2,3.12.6,3,12.8,3.18.3,4.2.7 9.8,9.9.1, 12.2.2, 13.7 Architect's Authority to Reject Work. . . . 3.5.1,4.2.6, 12.1.2,12.2.1 Compliance with Laws .. .. . . 1.3,3.6,3.7,3,13,4.1.1, 10.2.2,11.1, Architect's Copyright . . . .. . . . . . . . :. . . . . 13 11.3, 13.1, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Architect's Decisions. . . . . . . .. . 4.2.6,4,2.7,4.2.11,4.2.12,4.2.13, Concealed or Unknown Conditions.. .. . . . . . . . . . . . . . . . . . 4.3.6 4.3.2, 4.3.6,4.4.1,4.4.4, 4.5,6.3, 7.3.6, 7.3.8, 8.1.3,8.3.1, Conditions of the Contract . . . .. . . . . . . . . . . . . . 1.1.1, 1.1.7,6.1.1 9.2,9.4, 9.5.1. 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Consent,Written . . .. .. .. . . . . .. ... . 1.3.1,3.12.8,3.14.2,4.1.2, Architect's Inspections . . . . . . . . . . . 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, 4.3.4, 4.5.5,9.3.2,9.8.2,9.9.1,9.10.2, 9.10.3,10.1.2, 10.1.3, 9.9.2, 9.10.1, 13.5 11.3.1, 11.3.1.4, 1 1.3.11, 13.2, 13.4.2 Architect's Instructions. . 4.2.6,4.2.7,42.8,4.3.7,7.4.1,12.1,13.5.2 CONSTRUCTION BY OWNER OR BY SEPARATE Architect's Interpretations. . .. . . . . . . . . . . . . . 4.2.11,4.2.12,4.3.7 CONTRACTORS . .. . . . .. . .. . . . . . . . . . . . . . . . . . .. 1.1.4,6 Architect's On-Site Observations . . . . . . . . 4.2.2,4.2.5,4.3.6,9.4.2, Construction Change Directive,Definition of. . . . . . . . . . .. . . 7.3.1 9.5.1,9,10.1, 13.5 Construction Change Directives . . . . 1.1.1,4.2,8,7.1,7.3,9.3.L1 Architect's Project Representative 4.2.10 Construction Schedules,Contractor's .. . . . . . . . . . . .. . 3,10,6.1.3 Architect's Relationship with Contractor . . . . . . . 1.1.2,3.2.1,3.2.2, Contingent Assignment of Subcontracts 5.4 3.3.3, 3.5.1,3.7.3, 3Ai, 3.12.8, 3.12.11,3,16, 3.18, 4.2.3,4.2A, Continuing Contract Performance . . . . . . . . . . . . . .. _ . . 4.3.4 4.2.6, 4.2,12, 5.2,6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Contract,Definition of.. . . . . . . . . .. .. . . . . . . . . . . . . . . . . . L1.2 Architect's Relationship with Subcontractors. . . . I.1.2,4.23,4.2.4, CONTRACT, TERMINATION OR 4.2.6, 9.6.3, 9.6.4, 11.3,7 SUSPENSION OF THE . . . . . . . . . . . . . . . . . . 4.3.7,5.4.1.1,14 Architect's Representations. . . . . . . . . . . . . . . . . 9.4.2,9.5.1,9.10.1 Contract Administration . . 3.3.3,4,9.4,9.5 . . . . . . . . . . . . . . . . . . Architect's Site Visits . . . . . . . . 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, Contract Award and Execution,Conditions Relating to. . . . . . 3.7.1, 9.8.2,9.9.2, 9,10.1, 13.5 3.10, 5.2,9.2, 11.1.3, 11.3.6, 1 1.4.1 Asbestos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HL i Contract Documents,The . . . . .. . . . . . . . . . . . . . . . . . 1.1, 1.2,7 Attorneys'Fees . . . . . . . . . . . . . . . . . . . . . . . . 3.18A,9.10.2,10.1.4 Contract Documents,Copies Furnished and Use of. . . 1.3,2.2.5,53 Award of Separate Contracts. .. . . . . . . . . . . .. . . . . . . . . . . . . 6A A Contract Documents,Definition of . . . . . . . . . . . . . . . . . . . . . 1 1 1 Award of Subcontracts and Other Contracts for Contract Performance During Arbitration. . . . . . .. . . . . 4.3.4.4.,.S Portions of the Work . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . 5.2 Contract Sum . . . . . . .. .. . .. . . .... 3.8,4.3.6,4.3.7,4.4.4,5.2.3, Basic Definitions.. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . 1.1 6.1.3, 7.2, 7.3,9.1,9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 Bidding Requirements. . . . . . .. . . . . . . . . 1.1.1, 1.1.7,5.2.1, 11.4.1 Contract Sum,Definition of. . . . . . .. .. . . . . . . . . . . . . . . . _ . 9.1 Boller and Machinery Insurance . .. . . . . . . . . . . . . . . . 11.3.2 Contract Time . . . . . . . . . . . . . . . . . 4.3.6,4.3.8,4.4.4,7.2A.3,7.3, Bonds,Lien . . .. .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.10.2 8.2.1,8.3.1, 9.7, 12,1.1 Bonds,Performance and Payment. . . . . 7.3.6.4,!)AO.3, 11.3.9,11.4 Contract Time,Definition of . . . . . . . . . . 8.1.1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDI I IJN 2 A201-1967 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. CONTRACTOR . . . . . . . . . . . . . . . . . . . . 3 Emergencies . . .. . . . . . . . . .. . . . 4.3.7,f0.3 . . . . . . . . . . Contractor,Definition of . . . . . . . . . . . . . . . . . . . 3.1,6.1.2 Employees,Contractor's . . . . . . . . . . 33 2 3.4.2,3.8.1,3.9,3.18.1, Contractors Bid. . . . . . . . . . . . . . . . . . . . . . l.l.l 3.18.2, 4.2.3,426, 8.1,2, 10.2, 10.3, I11.1, 14.2A,1 Contractor's Construction Schedules . . . . . . 3.10,6.13 Equipment,Labor,Materials and. . . . . 1.1.3, 1.1.6,3.4,3.5.1, Contractor's Employees . . . . 3 3 2 3.4.2,3.8.1,3.9,3.18,4.2.3, 3.8.2,3.12.3, 3.12 7, 3.12,11, 3A 3, 3A 5.1, 4,2.7, 4.2.6, FLL2, 10.2, 10.3, ILIA, 14.2.1.1 6.2.1,7.3.6, 9.3.2, 9.3.3, 11 3, 12.2.4, 14 Contractor's Liability Insurance. . . . . . . . . . . . . . . . . . . . . . . 11.1 Execution and Progress of the Work 1.1.3, 1.2.3,3.2,3.4.1, Contractor's Relationship with Separate Contractors 3.5.1,4.2.2, 4.2.3, 43.4, 4, 1.2 ,32, 7.1.3, and Owner's Forces . . .. .. 2.2.6,3.12.5,3-14.2,4.2.4,6, 12.2.5 7.3.9, 8.2, 8.3, 9.5, 9.9-1, 10.2, 14.2, 14.3 Contractor's Relationship with Subcontractors . . . . . . . 1.2.4,3.3.2, Execution, Correlation and Intent of the 318.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 113.7, 11.3.8, 14.2.1.2 Contract Documents . . . . Contractor's Relationship with the Architect 1.2,3.7.1 . ._ 1.1.2,3.2.1,3.2.2, Extensions of Time 4.3.1,4.3.8,Z2.. . .8.3, 10.3.1 33.3, 3.5.1, 3.7.3, 3.11, 3,12.8 3.16, 3-I8, 4.2.3, 4.2.4, 4.2.6, Failure of Payment by Contractor. . . . ... .... . . .4.2,12, 5.2, 9. . 3. 14. .1.2 6.2.2, 7.3.4, 9.8.2, Failure of Payment by Owner S L 2 11.3.7, 12.1, 13.5 Contractor's Responsibility for Those 4. . 1 9.7, 1 .1.3 Contractor's Representations. 1.2.2,3.5A,3.t2.7,6.2.2,8.2.1,9.3.3 Faulty Work(See Defective or Nonconforming Work) Final Completion and Final Payment . . . . . . . 4.2.1,4.2.9,4.3.2, Performing the Work . . . _. . . _. . . . .. . 3.3.2,3-I8,4.2.3, 10 4.3.5,9.10, I L I.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Contractor's Review of Contract Documents . . . . . 1 2.2,3.2,3.7.3 Financial Arrangements,Owner's. . . . . . . . . . . . . . . . _ . . . . .Contractor's Right to Stop the Work . . . . . . 9 2.2.1 .7 Fire and Extended Coverage Insurance . . . . . . . . . . .Contractor's Right to Terminate the Contract 14L - . . . I . Contractor's Submittals . . . . . 3,10,3.11,3.12,4.2.7,5.2A,5.2.3, GENERAL PROVISIONS. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 7.3.6, 92, 93.1, 282, 9.9.1, 210.2, Governing Law . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 13.1 9A03, 10-1.2, 1 L4.2, IIA3 Guarantees(See Warranty and Warranties) Contractor's Superintendent _ 3 9 10 2,6 Hazardous Materials . . . . . . . . . . . . . . . . . . . . . . . . 10.1, 10.2.4 Contractor's Supervision and Construction Procedures. . . . . . 12.4, Identification of Contract Documents L2.1 33, 3.4, 4,2 3, 8.2.2, 8.2.3, 10 Identification of Subcontractors and Suppliers . .. . . 5.2A Contractual Liability Insurance . . . . . . . . . I 11.1.1,7, 11.2.1 Indemnification . . . . . . . 3.17,3.18,9.10.2, 10.1.4, 11.3.1.2,11.3.7 Coordination and Correlation . . . . . . . . 1.2.2, 1.2.4,3.3.1, Information and Services Required of the Owner. . . . . 2.1.2,2.2, 3.10, 3.12.7, 6.1.3, 6.2.1 4.3A, 6.1.3, 6.1.4,6.2.6,9.3.2, 9.6.1,9.6.4,9.8.3,9.9.2, Copies Furnished of Drawings and Specifications . . 1.3,2.2.5,3.11 9.10.3, 10A.4, 11.2, 11 3, 13.5.1, 13.5.2 Correction of Work . . . . . . . . . . . . . . . . . . . . 2.3,2.4,4.2.1,9.8.2, Injury or Damage to Person or Property . . . . . . . . . . . . 4.3.9 9.9.1, I2A.2, 12.2, 13.7.1.3 Inspections. . . . . . . .. . . . . . . . . . . . . ... . 3.33.3.3.4,3.7A,4.2.2, Cost,Definition of . . . . . . 7.3.6, 14.3.5 4.2.6, 4.2.9, 4.3.6, 9.4.2,9.8.2, 9.9.2,9,10.1, 13.5 Costs . . 2.4,3.2.1,3.7.4,3.8.2,3.15.2,4.3.6,4.3.7,4.3.8.1,5.2.3, Instructions to Bidders. . . 1 l 1 6.1.1,6.2.3,6.3,7.333,7.3.6,Z3.7,9.7,9.8.2,9.10.2,11.3.1.2, Instructions to the Contractor. . . . 3.8.1,4.2.8,5.2.1,7, 12.1,13.5.2 11.3.13, 11.3.4,11.3.9,12.1, 12.2.1, 12.2.4,12.2.5,13.5, 14 Insurance. . . . . .. 4.3.9.6.1.1,7.3.6A,9.3.2,9.8.2,9.9.1,9.10.2, 11 Cutting and Patching. . . .. . . . . . . . . . . . . . . . . . . . . . . 3.14,6.2.6 Insurance,Boiler and Machinery 11.3.2 Damage to Construction of Owner or Separate Contractors 3.14.2, Insurance,Contractor's Liability . . . . . . . . . . . . . . . . . . . . . . .1 6.2.4.9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Insurance,Effective Date of . . . . . . _ . . . . . . . . . . . . . 8.2.2,11.1.2 Damage to the Work . . . . . 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Insurance,Loss of Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . 113.3 Damages,Claims for. 3,18,4.3.9,6A.1,6.2.5,8.3.2,9.5.1.2, 10.1.4 Insurance,Owner's Liability. . . . . . . . . . . . . . . . . . . . . . 11.2 Damages for Delay. . . . . . . . .. . . . . . . . . 6.1.1,8.3.3,9.5.1.6 9.7 Insurance,Property. . . . . . . . . . . . . . 10.2.5,11.3 Dale of Commencement of the Work,Definition of. . . . . 8.1.2 Insurance,Stored Materials 9.3.2, 11.3.1 A Date of Substantial Completion,Definition of. . . . . . . . . . 8.1.3 INSURANCE AND BONDS . . . . . _Day,Definition of. . . . 8.1.4 - 11 Decisions of the Architect 4.2.6 4 2J,4.2.11 4.2.12,4.8.1.4 Insurance Companies,Consent to Partial Occupancy . .9.9.I,11.3.11 4.3.2, 4.3.6, 4AA, 4 4 4 4.5, 6.3, 7 3 6, 7.3.8,8.1.3, 8.3.1,9.2, Insurance Companies,Settlement with. . . - 11.3.10 9.4, 9.5A, 9.8.2,9.9.1, 10A.2, 13-5.2, 14.2.2, 14.2.4 Intent of the Contract Documents . . . . . . . .. .. .. 1.2.3,3.12A, Decisions to Withhold Certification . . . . . . . . . . 9.5,9.7, 14.1.1.3 4.2.6, 4.2.7, 4.2,12, 4.2.13, 7.4 Defective or Nonconforming Work, Acceptance, Interest. . . . . . . . . . . 13.6 Rejection and Correction of . . . . .. . . .... 2.3,2.4,3.5.1,4.2.1, Interpretation. . _. . . 12.5, IA,1.5,4.1 1,4.3-1,5.1,6.1.2,8A.4 4.2.6, 4.3.5, 9.5.2,9A 2,9.9.1, 10.25, 12, 13.7A 3 Interpretations,Written _ . . . . . . 42.11,4.2.12,4.3.7 Defective Work,Definition of . . . . . . . 3 5 1 Joinder and Consolidation of Claims Required . . . . . . . . . _ . . 4.5.6 Definitions. . . . . . 1.1,2.1.1,3.1,3.5.11 3.12.1,3,12.2,3.12.3,4,1.1, Judgment on Final Award . . . . . . . . . . . . . . . . 4.5.1,4.5.4.1,4.5.7 4.3.1, 5.1,6.1.2, 7.2.1, 7.31, 7.3.6, 8.1, 9A, 9.8.1 Labor and Materials,Equipment . . . . 1 A.3, 1.1.6,3.4,3.5.1,3.8.2, Delays and Extensions of Time . . . . . . . . . . 4.3.1,4.3.8.1,4.3.82, 3A 2.2, 3.12.3, 3.12.7, 3,12.11, 3.13, 3.15,1, 6.1.1,6.23, 7 2A, 7.3.1,7.3.4, 7.3.5, 73.8, 4.2.7,6.2,1, 7.3.6, 932, 9.3.3, 12.2.4, 14 7.3�9 8.1.1, 8.3, 10.3.1, 14.1.1A Labor Disputes . . . . 8.3.1 Disputes . . . . . .. . . . . . 4.1.4,4.3,4.4 4 5,6.2.5,6.3,7.3.8,9.3.1.2 Laws and Regulations 13,3.6,3.7 3.13,4.1.1,4.5.5,4.5.7, Documents and Samples at the Site ._ 3.11 9.9A, 10.2.2, 11.1, 11.3, 13.1, 13A, 13.5.1, 13.5.2, 13.6 Drawings,Definition of 1.1.5 Liens . . . 2.1.2,4.3.2,4.3.5.1,8.2.2,9.33,9.10.2 Drawings and Specifications,Use and Ownership of. LI.1,.1.3, Limitation on Consolidation or Joinder . , , -2. . 4.5.5 3.11, 5.3 Limitations,Statutes of . . . . Duty to Review Contract Documents and Field Conditionsns . . 45.42, 12 2.6, 13.7 . _ 3.2 Limitations of Authority _. ._ . 33.1,4.L2,4.2.1, Effective Date of Insurance _. . . _ __ 82.2,11.1 2 42.3, 4.2.7, 4.2.10, 5.2.2, 5.2.4, 7.4, 11.3.10 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION AIA© •©19871'fit.AMERICANINSTITIITEOF ARCHITECTS, 1735 NEW YORK AVENUE,NW.,WASHINGTON,D.C.20006 A201-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Limitations of Liability . . . . . 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12A 1, Owner's Right to Perform Construction and to 3.17, 3A 8,4.2.6, 4.2.7, 4.2.12,6.2.2,9.4.2,9.6.4,9.10.4, Award Separate Contracts . . . . . . . . . . . . . . . .:. . . . .. . . 6.1 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13A.2, 13.5.2 Owner's Right to Stop the Work. . . . . . . . . . . . . . . . . . . 2.3,4.3.7 Limitations of Time,General 2.2.1,2.2A,32.1,3.7.3, Owner's Right to Suspend the Work . . . . . . . . . . . . . . . . . . . . . 14.3 3.8.2, 3.10, 3.12.5, 3,15.1, 4.2.1, 4.2.7, 4.2.11, 4.3.2, Owner's Right to Terminate the Contract . . . . . I . I . . . .. 1 14.2 4.3.3, 4.3.4,4.3.6, 4.3.9, 4.5.4.2, 5.2.1, 52.3, 6.2.4, 7.3.4, 7.4, Ownership and Use of Architect's Drawings, Specifications 8.2, 9.5,').6.2,9.8, 99,9.to, tt.f.3, tt.3.1, 11.3.2, 11.3.5, and Other Documents. . . . . . . . . . . . . . . . 1.t.1,1.3,2.2.5,5.3 11.I1. 12.2.1, .1, 11 , 13.5, 137 Partial Occupancy or Use . . . . . . . . . . . . . . . . . 9.6.6,9.9, 1L3.11 Patching,Cutting and . . . . . . . . . . . . . . . . . _ . . . . . . . 3.14,6.2.6 Limitations of Time,Specific . . . . . . . . . 2.1.2,2.2,1,2.4,3.10,3.1 t, Patents,Royalties and 3.17 3.15.1, 4.2.1,4.2.u, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9,8.2, Payment,Applications for . . . . . . . . . . . . . . . . 4.2.5,9.2,9.3,9.1, 9.2,93.1, 9.3.3,9.4.1, 9.6.1,9.7, 9.8.2, 9.10.2, t L1.3, 1 1.3-6, 9.5.1,9.8.3, 9.10.1,9.10.3, 9.10.4, 14.2.4 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Payment,Certificates for. . . . . . . . . . . 4.2.5,4.2.9,93.3,9.4,9.5, . . . . . .. . . . . . . Loss of Use Insurance . . . . . . . . . . . . . . 11.3.3 9.6.1,9.6.6,9.7.1, 9.8.3, 9.10.1, 9,10.3, 13.7, 14.1.1.3, 14.2.4 Material Suppliers . . . . . . . . . . . . . . 1.3.1,3.12.1,4.2.4,4.2.6,5.2.1, Payment,Failure of. . . . . . . . . . . . . . . . . . . . . . . . 4.3.7,9.5.1.3, 9.3.1,9.3.1.2,9.33,9.4.2,9.6.5,9.10.4 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 Materials,Hazardous 10.1,10.2.4 Payment,Final . . . . . . . . . . . . 4.2.1,4.2.9,4.3.2,4.3.5,9.10, 11.L2, Materials,Labor,Equipment and . . . . . I.1.3, 1.1.6,3.4,3.5.1,3.8.2, 11.1.3, 113.5, 12.3.1 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7,6.2,1, payment Bond,Performance Bond and . . . . . . . . . . . . . . 7.3.6.4, 7.3.6,9.3.2, 9.3.3, 12.2.4, 14 9.10.3, 11.3,9, 11.4 Means, Methods,Techniques, Sequences and Payments,Progress .. . . .. 4.3A,9.3,9.6, Procedures of Construction. . . . . 3.3.1,4.2.3,4.2.7,9.4.2 9.8.3,9,10,3, 13.6, 14.2.3 Minor Changes in the Work. . . . . . . . . . 1.1.1,4.2.8,4.3.7,7.1,7.4 PAYMENTS AND COMPLETION 9, 14 MISCELLANEOUS PROVISIONS . . _ . . . . . .. . . . . . . . . . . . . 13 Payments to Subcontractors _ . . . . . . . . . . . . . . . . . . 5.4.2,9.5.1.3, Modifications,Definition of . . . . . . . . . . . . . . . . . . . . . . . .. . 1,1.1 9.62,9.6.3, 9.6.4, 11.3.B, 14.2A.2 Modifications to the Contract . . . . . . . . . . . 1.1.1, 1.1.2,3.7.3,3,11. PCB. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . 10.1 4.L.2, 4.2.1, 5.2.3, 7,8.3.1,9.7 Performance Bond and Payment Bond. . . . . . .. . . . . . ... . 7.3.6.4, Mutual Responsibility . . .. .. . . . . . . . . . . . . . . . . . . . .. . . . 6.2 9.10.3, 11.3.9, 11.4 Nonconforming Work,Acceptance of . . . . . .. . . . . . .. . . . . 12.3 Permits,Fees and Notices . . . . . . . 2.2.3,3.7,3.13,7.3.6.4, 10.2.2 Nonconforming Work,Rejection and Correction of . . .. . .. . 2.3.1, PERSONS AND PROPERTY,PROTECTION OF . .. . . . . . . . . . 10 4.3.5, 9.5.2. 9.8.2, 12, 13.7.1.3 Polychlorinated Biphenyl . . . . . . .. . . . . . . . . . . . . . . . .. _ . I0.1 Notice. . . . . . . .. . . . . 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8, Product Data,Definition of. . . . . ... . . . . . . . . . . . . . .. .. . . 3.12.2 3.12.9, 3_17, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2,9.4.1, Product Data and Samples,Shop Drawings .. . . 3.11,3.12,4.27 9.5.1,9.6.1,9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, Progress and Completion . . . . . . . . . . . . . . . . . . . 4.22,4.3.4,8.2 12.2.4, 13.3, 13.5.1, 135.2, 14 Progress Payments . . . . . . . . . . . . . . . .. . . . . . . . . . . . 4.3.4,93, Notice,Written 2.3,2.4,3.9,3.12.8,3.12.9,4.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2,9.4.1, 9.5.1,9.7, 9.10, Project,Definition of the. . . . .. . . . . . . . . . . . . . . . . . . .. . . . 1.1.4 10.1.2, 1o.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4,13.3, 13.5.2, 14 Project Manual,Definition of the . . . . . . . . _. . . .. . . . . . . . 1.1.7 Notice of Testing and Inspections. . . . .. . . . . . ... . . 13.5.1. 13.5.2 Project Manuals . . . .. . ... . . . . . . . . . . . . . . .. . . . . . . . . . .. 2.2.5 Notice to Proceed. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . 8.2.2 Project Representatives 4.2.10 Notices,Permits,Fees and . . . . . . 2.2.3,3.7,3.13,7.3.6.4, 10.2.2 Property Insurance . .. .. .. . . . . . . .. . . . . . . . . 10.2.5,11.3 Observations,Architect's On-Site . . . . . . . . . . . ... . . . 4.2.2,4.2.5, PROTECTION OF PERSONS AND PROPERTY. . . . . . . . . . . .. 10 4.3.6, 9A.2, 9.5.1,9.10.1, 13.5 Regulations and Laws . . . . . . . . .. . . 1.3,3.6,3.7,3.13,4.1.1,4.5.5, Observations,Contractor's. . . . . . . . . . . . . . . . . . . . . .. 1.2.2,3.2.2 4.5.7, 10.2.2, 11.1, 11.3, 13A, 13.4, 135.1, 13.5.2, 13.6, 14 Occupancy. . . .. . . . . . . . . . . . . . . . . .. 9.6.6,9.8.1,9.9, 11.3.11 Rejection of Work . . . .. .. _ . . . . . _ . . . . . .. . . 3.5.1,4.2.6, 12.2 On-Site Inspections by the Architect . . . . . . . . . . 4.2.2,4.2.9,4.3.6, Releases of Waivers and Liens. . . . . . . . . . . . . . . . . . . .. . . . . 9.10.2 9.4.2, 9.8.2, 9.9.2,9.10.1 Representations . . . .. . . . . . . . .. . . . . . . . . . . 1.2.2,3.5A,3.12.7, On SiteObservations by the Architect . . . . . . . .. 4.2.2,4.2.5,4.3.6, 6.2.2, 8.2A,9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 9.4.2, 9.5.1, 9.10.1, 13.5 Representatives. . . . . . . . . . . . . .. . . . . . . . . . . . . 2.1 1,3.1.1,3 9, Orders,Written . . . . . . . . . . . . 2.3,3.9,4.3.7,7,8.2.2, 11.3.9, 12.1, 4.1.1, 4.2.1, 4.2A0, 5.1.1, 5.1.2, 13.2A 12.2, 13.5.2, 14.3.1 Resolution of Claims and Disputes . . . . . . . . . . . . . . . .. . 4.4,4.5 Responsibility for Those Performing the Work . . . . . . . . . . . . 3.3.2, OWNER Definition . . . . .. 2 42.3,6.1.3, 6.2, 10 Owner,Definition of and Se . c s . _ . . .ed of h . . . . . . . . ... 2.1 Retainage . . . . . . . . . . . . . . . 9.3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.10.3 Owner,Information and Services Required of tile. . . 2.1.2, Review of Contract Documents and Field 2.2, 4.3.4, 6,9, 10.1,4, 11.2, 11.3, 13.5.1, 14.1.1.5, 14.L3 Conditions by Contractor. . . . . .. . . . . . 1.2.2,3.2,3.7.3,3.12.7 _ Owner's Authority .. . . . . . . . 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5A,1, Review of Contractor's Submittals by 7.3.1,8.2.2. 9.3.1,9.3.2, 11.4.1, 12.2.4, 13.5.2, 14.2, 14.3.1 Owner and Architect . . . . . . .. . . . . . 3.10.1,3.10.2,3.11,3A2, Owner's Financial Capability . . . . . . . . . . . . . . _ . . . 2.2.1,14.1.1.5 4.2.7, 4.2.9, 5.2.1, 5.2.3, 9.2, 9.8.2 Owner's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . 11.2 Review of shop Drawings, Product Data _ Owner's Loss of Use Insurance. . . . . . . . . . . . . . . . . . . . . . . . 11.3.3 and Samples by Contractor. . .. .. . . . . . . .. . . . . . . . . . . 3.12.5 Owner's Relationship with Subcontractors . . . . . . . . . . . . . . . 1.L2, Rights and Remedies . . . . . . . . . . . . . 1.1.2,2.3,2.4,3.5.1,3.15.2, 5.21, 5.4.1, 9.6.4 4.2.6,4.3.6, 4.5, 5-3, 6.1, 6.3, 7.3.1,8.3.1,9.5.1,9.7, 10.2.5, Owner's Right to Carry Out the Work. . . . . .. . 2.4, 12ZA,14.2.2.2 10.3. 12.2.2, 12.2.4, 13.4, 14 Owner's Right to Clean Up . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.3 Royalties and Patents . AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 4 A201-1987 AIA' -@ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,NW,WASHINGTON,D.0 20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Rules and Notices for Arbitration . . .. . . . . . . . . . . . . . . . . . 4.5.2 Suspension by the Owner for Convenience . . . . . . . . . . . . . 14.3 Safety of Persons and Property . . . . . . . . . . . . . . . . . . . . . . 10.2 Suspension of the Work . . . . . . . . . . . . . 4.3.7,5.4.2, 14.1.1.4, 14.3 Safety Precautions and Programs 4.2.3,4.2.7,10.1 Suspension or Termination of the Contract . . . . . . 4.3.7,5.4.1.1, 14 Samples,Definition of . . . . . . . . . . . . . . . . . . . . . _ . _ . . . . 3 12.3 Taxes . . . . _ . . . . . . . . . . . . . . . . . . . . . . . _ . . 3.6,T3.6.4 Samples,Shop Drawings,Product Data and . . . 3.11,3.12,4.2.7 Termination by the Contractor . . . . . . 14.1 Samples at the Site,Documents and . . . . . . . . . . . . . . 3.11 Termination by the Owner for Cause. . . . . . . . . . . 5.4.1.1,14.2 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.2,9.3.1 Termination of the Architect . . . . . . . . . . . . . . . . . . . . . . . . 4.1.3 Schedules,Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,10 Termination of the Contractor . . . . . . . . . . . . . . . . . . . . . . . . 14.2.2 Separate Contracts and Contractors . . . . . . . . . . 1.1.4,3.14.2,4.2.4, TERMINATION OR SUSPENSION OF THE CONTRACT . . . . . . 14 4.55, 6, 11.3.7, 12 A 2, 12.2.5 Tests and Inspections . . . . . 3.3.3,4.2.6,4.2.9,9A4 2, 12.2.1,13.5 Shop Drawings.Definition of. . . . . . . . . . . . . . . . . . . . . . . . . 3.12.1 TIME . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . ... 8 Shop Drawings,Product Data and Samples . . . . 3.l 1,3.12,4.2.7 Time,Delays and Extensions of . . . . . . . . . .. . . . 4.3.8,7.2.1,8.3 She,Use of. .. . . . . . . . . . . . . . . . . . . . . . . . . 3.13,6.1.1,6.2A Time Limits,Specific . 2 A 2,2.2.1,2.4,3.10,3.11,3.15A, Site Inspections .- .L.2.2,33.4,4.2.2,4.2.9,43.6,9.8.2,9.10.1, 135 4.2.1, 4.2.11, 4.3, 4A, 4-5, 5.3. 5A, 7.3.5, 7.3.9, 8.2,9.2,9.3.1, Site Visits,Architect's .. .. . . . . . . . . . . . . . 4.2.2,4.2.5,4.2.9,4.3.6, 9.3.3, 9A.1, 9.6A, 9.7,9.8.2, 9.122, 11.1.3, 11.3.6, 11.3.10, 9A.2, 9.5A, 9.8.2, 9.9.2,9-10.1, 13.5 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Special Inspections and Testing . . . _ . . . . . . . . 1 4.2.6, 12.2.1, 135 Time Limits on Claims. . . . . . . . . 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5 Specifications,Definition of the . . . . . . . . . . . . . . . . . . . . . . 1.1.6 Title to Work . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . 9.32,9.3.3 Specifications,The . . . . . . . . . . 1.I A,1.1.6, 1.1.7, 1.2.4, 1.3,3.1 1 UNCOVERING AND CORRECTION OF WORK . . . . . . . . . . . . 12 Statutes of Limitations . . . . . . . . . . . . . . . . . . . 4.5.4.2, 12.2.6, 13.7 Uncovering of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.1 Stopping the Work. . . . . . . . . . . . 23,4.3.7,9.7, 10.1.2, 10.3, 14.1 Unforeseen Conditions 4.3.6,8.3.1, 10.1 Stored Materials . . . . . . . _ . . 6.2.1,9.3.2, 10.2.L2, 11.3.1 A, 12.2.4 Unit Prices . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6,8.37310.1 Subcontractor,Definition of. . . . . . . _ . . . . . . . _ _ . . . . . . . 5.1 A Use of Documents . . . . . . . . . . . . . . . . I.1.I, I.3,2.2.5,3.12.7,5.3 SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . 5 Use of Site . . . . . . 3.13,6.1.1,6.2.1 Subcontractors,Work by. . . . . . . . . . . . . . . . 1 2.4,33.2,3,12.1, Values,Schedule of 9.2,93A 4.2.3, 5.3, 5A Waiver of Claims:Final Payment. . . . . . . 4.3.5,4.5.1,9.10.3 Subeontraelual Relations. . . . . . . . . . . . . . 5.3,5.4,9.3.1.2,9.6.2, Waiver of Claims by the Architect. . . . . . . . . . . . . . . . . . .... 13.4.2 9.6.3,9.6.4, 10.2.1, IL3.7, 11.3.8, 14.1.1, 14.2.1.2, 14.3.2 Waiver of Claims by the Contractor. . .._ . . . 9.10A, 11.3.7, 13.4.2 Submittals . . . . ._ 1.3,3.2.3,3.10,3.11,3.12,4.2.7,5.2A,5.2.3, Waiver of Claims by the Owner . . . . ... . . . . .. 4.3.5,4.5.1,9.9.3, 7.3.6,9.2,9.3.1, 9.82,9.9.1, 9.10.2, 9.10.3, 10.1.2, 11,13 9.10.3, 11.3.3, 11 3.5, 11.3.7, 13A 2 Subrogation,Waivers of. . . . . . . . . . . . . . . . 6.1.1, I1,3.5,11.3.7 Waiver of Liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . 9.10.2 Substantial Completion. . . . . . . . _ . . . 4.2.9,4.3.5.2,8. .1,8.1.3, Waivers of Subrogation. . . .. . . . . . . . . . . 6,1.1, 11.3.5, 11.3.7 8.2.3,9.8, 9.9A, 12.2.1, 12.2.2, 13.7 Warranty and Warranties. . . .. . . . . . . . . . . . . . . . . . . . . 3.5,4.2,9, Substantial Completion,Definition of. . . . . . . . . . . . . . . . . . . . 9.8.1 4.3.53,9.33, 9.8.2,9.9.1, 12.2.2, 13.7.13 Substitution of Subcontractors . . . . . . . . . . . . . . . . . . . . 5,2.3,5.2.4 Weather Delays. . . . . . . . . . . . . . . . . . . . . . . . _ . . . . _. .. 4.3.8.2 Substitution of the Architect. . . . . . _ . . . . . . . _ . . . . . . . . . . 4.1.3 When Arbltretlon May Be Demanded . . . . . . . . . . . . . . . .. . 4.5.2 Substitutionsac Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5.1 Work,Definition of . . . . . . . .. . . . . . . . . . . . . .. . . . . . ..... IA.3 Sub-subcontractor,Definition of . . . . . . . . . . . . . . . . . . . . . . . 5A,2 Written Consent . . . . . . . . . . . . . . 1.3.1,3.12.8,3.14.2,4.1.2,4.3.4, Subsurface Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3.6 4.5.5, 932, 9S.2, 9.9.1, 9.10.2,9.10.3, 10.1.2, 10.1.3, Successors and Assigns 13.2 11.3A, 11.3Ai 4, 11.3.11, 13.2, 13A.2 Superintendent . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . 3.9, 10.2.6 Written Interpretations . . . . . . . . . . . . . . . 4.2.11,4.2.12,4.3.7 Supervision and Construction Procedures . ... . . 1.2.4,3.3,3A, Written Notice . . . . . . . . . 2.3,2A,3.9,3.12.8,3.12.9,4.3,4.4.4, 4.2.3,4.3.4,6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14 4.5, 5.2.1, 5.3, 5AAA,8.2.2,9.4.1, 9.5.1,9.7,9.10, 10.1,2, Surety . . . . . . . ... 1 4.4.1,4.4.4,5A L2,9.10.2,9.103, 142.2 1026, 11 1.3, 11.3, 12.22, 12.2A, 13.3, 13.5.2, 14 Surety,Consent of. . . . . . . . . . . . . . . . . . . 29.1,9.10.2,9.10.3 Written Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.3,3.9,4.3.7, Surveys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.2.2,3.18.3 7, 8.2.2, 11.3.9, 12A, 12.2, 13.5.2, 14.3.1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA° • ©1987 THE AMERICANINSTITUTEOF ARCHITECTS, 1'35 NEW YORKA%ENUE,NW.,WASHINGTON,DC20006 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 ment, construction systems, standards and workmanship for the Work, and performance of related services. GENERAL PROVISIONS 1.1.7 THE PROJECT MANUAL 1.1 BASIC DEFINITIONS The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample 1.1.1 THE CONTRACT DOCUMENTS forms, Conditions of the Contract and Specifications. The Contract Documents consist of the Agreement between 1.2 EXECUTION, CORRELATION AND INTENT Owner and Contractor(hereinafter the Agreement),Conditions of the Contract(General,Supplementary and other Conditions), 1 2 1 The Contract Documents shall be signed by the Owner Drawings, Specifications, addenda issued prior to execution of her and Contractor as provided in the Agreement. If either the the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- Owner r Contractor or both do not sign all the thenContrac cation is (1) a written amendment to the Contract signed by Documents, the Architect shall identify such unsigned Uocu- both parties, (2) a Change Order, (3) a Construction Change ments upon request. Directive or(4)a written order for a minor change in the Work 1.2.2 Execution of the Contract by the Contractor is a repre- issued by the Architect. Unless specifically enumerated in the sentation that the Contractor has visited the site, become fund- Agreement, the Contract Documents do not include other tar with local conditions under which the Work is to be per- documents such as bidding requirements (advertisement or formed and correlated personal observations with require- invitation to bid, Instructions to Bidders, sample forms, the ments of the Contract Documents. Contractor's bid or portions of addenda relating to bidding requirements). 1.2.3 The intent of the Contract Documents is to include all 1.1.2 THE CONTRACT items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are comple- The Contract Documents form the Contract for Construction. mentary, and what is required by one shall be as binding as if The Contract represents the entire and integrated agreement required by all; performance by the Contractor shall be between the parties hereto and supersedes prior negotiations, required only to the extent consistent with the Contract Docu- representations or agreements,either written or oral. The Con- ments and reasonably inferable from them as being necessary tract may be amended or modified only by a Modification.The to produce the intended results. Contract Documents shall not be construed to create a contrac- tual relationship of any kind(1)between the Architect and Con- 1.2.4 Organization of the Specifications into divisions,sections tractor, (2) between the Owner and a Subcontractor or Sub- and articles,and arrangement of Drawings shall not control the subcontractor or(3)between any persons or entities other than Contractor in dividing the Work among Subcontractors or in the Owner and Contractor. The Architect shall, however, be establishing the extent of Work to be performed by any trade. entitled to performance and enforcement of obligations under 1.2.5 Unless otherwise stated in the Contract Documents, the Contract intended to facilitate performance of the words which have well-known technical or construction indus- Architect's duties. try meanings are used in the Contract Documents in accord- 1.1.3 THE WORK ance with such recognized meanings. The term "Work" means the construction and services 1.3 OWNERSHIP AND USE OF ARCHITECT'S required by the Contract Documents, whether completed or DRAWINGS, SPECIFICATIONS AND OTHER partially completed, and includes all other labor, materials, DOCUMENTS equipment and services provided or to be provided by the 1.3.1 The Drawings, Specifications and other documents Contractor to fulfill the Contractor's obligations. The Work prepared by the Architect are instruments of the Architect's may constitute the whole or a part of the Project. service through which the Work to be executed by the Con- 1.1.4 THE PROJECT tractor is described. The Contractor may retain one contract The Project is the total construction of which the Work per- record set. Neither the Contractor nor any Subcontractor, Sub- formed under the Contract Documents may be the whole or a subcontractor or material or equipment supplier shall own or part and which may include construction by the Owner or by claim a copyright in the Drawings, Specifications and other separate contractors. documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and 1.1.5 THE DRAWINGS will retain all common law,statutory and other reserved rights, The Drawings are the graphic and pictorial portions of the Con- in addition to the copyright. All copies of them, except the tract Documents, wherever located and whenever issued, Contractor's record set,shall be returned or suitably accounted showing the design, location and dimensions of the Work, for to the Architect,on request,upon completion of the\s, 1.1, generally including plans, elevations, sections, details, sched- The Drawings, Specifications and other documents prcp.aco ules and diagrams. by the Architect, and copies thereof furnished to the Contrac- 1.1.6 THE SPECIFICATIONS tor, are for use solely with respect to this Project.They are not to be used by the Contractor or any Subcontractor, Sub- The Specifications are that portion of the Contract Documents subcontractor or material or equipment supplier on other proj- consisting of the written requirements for materials, equip- ects or for additions to this Project outside the scope of the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 6 A201-1987 AIAm •©19R7 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. • Work without the specific written consent of the Owner and ments and charges required for construction,use or occupancy Architect. The Contractor, Subcontractors, Sub-subcontractors of permanent structures or for permanent changes in existing and material or equipment suppliers are granted a limited facilities. license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the 2.2.4 Information or services under the Owner's control shall Architect appropriate to and for use in the execution of their be furnished by the Owner with reasonable promptness to Work under the Contract Documents. All copies made under avoid delay in orderly progress of the Work. this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents 2.2.5 Unless otherwise provided in the Contract Documents, prepared by the Architect. Submittal or distribution to meet the Contractor will be furnished,free of charge,such copies of official regulatory requirements or for other purposes in con- Drawings and Project Manuals as are reasonably necessary for nection with this Project is not to be construed as publication execution of the Work, in derogation of the Architect's copyright or other reserved rights. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those 1.4 CAPITALIZATION in respect to Article 6(Construction by Owner or by Separate 1.4.1 Terms capitalized in these General Conditions include Contractors), Article 9(Payments and Completion) and Article those which are (1) specifically defined, (2) the titles of num- I I (Insurance and Bonds). bered articles and identified references to Paragraphs, Subpara- 2.3 OWNER'S RIGHT TO STOP THE WORK graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents 1.5 INTERPRETATION as required by Paragraph 12.2 or persistently fails to carry out 1.5.1 In the interest of brevity the Contract Documents fre- Fork in accordance with the Contract Documents,the Owner, quently omit modifying words such as"all''and"any''and arti- by written order signed personally or by an agent specifically so cles such as "the'' and "an," but the fact that a modifier or an empowered by the Owner in writing, may order the Contrac- article is absent from one statement and appears in another is tot to stop the Work,or any portion thereof,until the cause for not intended to affect the interpretation of either statement. 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- ARTICLE 2 tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. OWNER 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.1 DEFINITION 2.4.1 If the Contractor defaults or neglects to carry out the 2.1.1 The Owner is the person or entity identified as such in Work in accordance with the Contract Documents and fails the Agreement and is referred to throughout the Contract within a seven-day period after receipt of written notice from Documents as if singular in number.The term"Owner"means the Owner to commence and continue correction of such the Owner or the Owner's authorized representative. default or neglect with diligence and promptness, the Owner 2.1.2 The Owner upon reasonable written request shall furnish may after such seven-day period give the Contractor a second q written notice to correct such deficiencies within a second to the Contractor in writing information which is necessary and seven-day period. If the Contractor within such second seven- relevant for the Contractor to evaluate, give notice of or day period after receipt of such second notice fails to com- enforce mechanic's lien rights.Such information shall include a mence and continue to correct any deficiencies, the Owner correct statement of the record legal title to the property on may, without prejudice to other remedies the Owner may which the Project is located, usually referred to as the site,and have, correct such deficiencies. In such case an appropriate the Owner's interest therein at the time of execution of the Change Order shall be issued deducting from payments then or Agreement and, within five days after any change, information thereafter due the Contractor the cost of correcting such defi- of such change in title, recorded or unrecorded. ciencies, including compensation for the Architect's additional services and expenses made necessary by such default,neglect 2.2 INFORMATION AND SERVICES or failure. Such action by the Owner and amounts charged to REQUIRED OF THE OWNER the Contractor are both subject to prior approval of the Archi- 2.2.1 The Owner shall, at the request of the Contractor, prior tect. If payments then or thereafter due the Contractor are not to execution of the Agreement and promptly from lime to lime sufficient to cover such amounts, the Contractor shall pay the thereafter, furnish to the Contractor reasonable evidence that difference to the Owner. financial arrangements have been made to fulfill the Owner's obligations under the Contract.[Note: Unless sucb reasonable ARTICLE 3 evidence were furnisbed 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.] CONTRACTOR 2.2.2 The Owner shall furnish surveys describing physical 3.1 DEFINITION characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract 2.2.3 Except for permits and fees which are the responsibility Documents as if singular in number. The term "Contractor" of the Contractor under the Contract Documents, the Owner means the Contractor or the Contractor's authorized shall secure and pay for necessary approvals,easements,assess- representative. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION AIA° •©1987 THE AMERICANINSTITI'rEOF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C-20006 A201-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright taws and is subject to legal prosecution. 3.2 REVIEW OF CONTRACT DOCUMENTS AND 3.5 WARRANTY _ FIELD CONDITIONS.BY CONTRACTOR 3.5.1 The Contractor warrants to the Owner and Architect that 3.2.1 The Contractor shall carefully study and compare the materials and equipment furnished under the Contract will be Contract Documents with each other and with information of good quality and new unless otherwise required or permit- furnished by the Owner pursuant to Subparagraph 2.2.2 and ted by the Contract Documents, that the Work will be free shall at once report to the Architect errors, inconsistencies or from defects not inherent in the quality required or permitted, omissions discovered. The Contractor shall not be liable to the and that the Work will conform with the requirements of the Owner or Architect for damage resulting from errors,inconsis- Contract Documents. Work not conforming to these require- tencies or omissions in the Contract Documents unless the ments, including substitutions not properly approved and Contractor recognized such error, inconsistency or omission authorized, may be considered defective. The Contractor's and knowingly failed to report it to the Architect. If the Con- warranty excludes remedy for damage or defect caused by tractor performs any construction activity knowing it involves abuse,modifications not executed by the Contractor,improper a recognized error, inconsistency or omission in the Contract or insufficient maintenance, improper operation, or normal Documents without such notice to the Architect, the Contrac- wear and tear under normal usage. If required by the Architect, for shall assume appropriate responsibility for such perfor- the Contractor shall furnish satisfactory evidence as to the kind mance and shall bear an appropriate amount of the attributable and quality of materials and equipment. costs for correction. 3.6 TAXES 3.2.2 The Contractor shall take field measurements and verify 3.6.1 The Contractor shall pay sales,consumer,use and similar field conditions and shall carefully compare such field mea- taxes for the Work or portions thereof provided by the Con- surements and conditions and other information known to the tractor which are legally enacted when bids are received or Contractor with the Contract Documents before commencing negotiations concluded, whether or not yet effective or merely activities. Errors, inconsistencies or omissions discovered shall scheduled to go into effect. be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance 3.7 PERMITS,FEES AND NOTICES with the Contract Documents and submittals approved pur- 3.7.1 Unless otherwise provided in the Contract Documents, suant to Paragraph 3.12. the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES necessary for proper execution and completion of the Work 3.3.1 The Contractor shall supervise and direct the Work, which are customarily secured after execution of the Contract using the Contractor's best skill and attention. The Contractor and which are legally required when bids are received or nego- shall be solely responsible for and have control over construc- nations concluded. tion means, methods, techniques, sequences and procedures 3.7.2 The Contractor shall comply with and give notices and for coordinating all portions of the Work under the Con- required by laws, ordinances, rules, regulations and lawful tract, unless Contract Documents give other specific instruc- orders of public authorities bearing on performance of the tions concerning these matters. Work. 3.3.2 The Contractor shall be responsible to the Owner for acts 3.7.3 It is not the Contractor's responsibility to ascertain that and omissions of the Contractor's employees, Subcontractors the Contract Documents are in accordance with applicable and their agents and employees,and other persons performing laws,statutes,ordinances,building codes,and rules and regula- portions of the Work under a contract with the Contractor. tions. However, if the Contractor observes that portions of the 3.3.3 The Contractor shall not be relieved of obligations to per- Contract Documents are at variance therewith, the Contractor form the Work in accordance with the Contract Documents shall promptly notify the Architect and Owner in writing, and either by activities or duties of the Architect in the Architect's necessary changes shall be accomplished by appropriate Modification. administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the 3.7.4 If the Contractor performs Work knowing it to be con- Contractor. trary to laws,statutes,ordinances,building codes,and rules and 3.3.4 The Contractor shall be responsible for inspection of por- regulations without such notice to the Architect and Owner, [ions of Work already performed under this Contract to deter- the Contractor shall assume full responsibility for such Work mine that such portions are in proper condition to receive sub- and shall bear the attributable costs. sequent Work. 3.8 ALLOWANCES 3.4 LABOR AND MATERIALS 3.8.1 The Contractor shall include in the Contract Sum all 3.4.1 Unless otherwise provided in the Contract Documents, allowances stated in the Contract Documents. Items covered the Contractor shall provide and pay for labor,materials,equip- by allowances shall be supplied for such amounts and by such ment, tools, construction equipment and machinery, water, persons or entities as the Owner may direct,but the Contractor heat, utilities, transportation, and other facilities and services shall not be required to employ persons or entities against necessary for proper execution and completion of the Work, which the Contractor makes reasonable objection. whether temporary or permanent and whether or not incorpo- 3.8.2 Unless otherwise provided in the Contract Documents: rated or to be incorporated in the Work. .1 materials and equipment under an allowance shall be 3.4.2 The Contractor shall enforce strict discipline and good selected promptly by the Owner to avoid delay in the - order among the Contractor's employees and other persons Work; carrying out the Contract. The Contractor shall not permit .2 allowances shall cover the cost to the Contractor of employment of unfit persons or persons not skilled in tasks materials and equipment delivered at the site and all assigned to them. required taxes, less applicable trade discounts; AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION 8 A201-1987 AIA® •©19A7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEWYORK 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 which submittals are required the way the Contractor proposes site, labor, installation costs, overhead, profit and to conform to the information given and the design concept other expenses contemplated for stated allowance expressed in the Contract Documents.Review by the Architect amounts shall be included in the Contract Sum and is subject to the limitations of Subparagraph 4.2.7. not in the allowances; .4 whenever costs are more than or less than allowances, 3.12.5 The Contractor shall review,approve and submit to the Architect Shop Drawings, Product Data, Samples and similar the Contract Sum shall be adjusted accordingly by Change Order.The amount of the Change Order shall submittals required by the Contract Documents with reason- Chan (1)the difference between actual costs and the able promptness and in such sequence as to cause no delay in allowances under Clause between and (2) changes in the Work or in the activities of the Owner or of separate con- Contractor's costs under Clause Sand (. tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without 3.9 SUPERINTENDENT action. 3.9.1 The Contractor shall employ a competent superinten- 3.12.6 T'he Contractor shall perform no portion of the Work dent and necessary assistants who shall be in attendance at the requiring submittal and review of Shop Drawings, Product Project site during performance of the Work. The superinten- Data, Samples or similar submittals until the respective submit- dent shall represent the Contractor,and communications given tal has been approved by the Architect. Such Work shall be in to the superintendent shall be as binding as if given to the Con- accordance with approved submittals. tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on 3.12.7 By approving and submitting Shop Drawings, Product written request in each case. Data, Samples and similar submittals, the Contractor represents 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto,or 3.10.1 The Contractor,promptly after being awarded the Con- will do so, and has checked and coordinated the information tract, shall prepare and submit for the Owner's and Architect's contained within such submittals with the requirements of the information a Contractor's construction schedule for the Work. Work and of the Contract Documents. The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as 3.12.8 The Contractor shall not be relieved of responsibility required by the conditions of the Work and Project, shall be for deviations from requirements of the Contract Documents related to the entire Project to the extent required by the Con- by the Architect's approval of Shop Drawings, Product Data, tract Documents, and shall provide for expeditious and practi- Samples or similar submittals unless the Contractor has cable execution of the Work. specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written 3.10.2 The Contractor shall prepare and keep current, for the approval to the specific deviation. The Contractor shall not be Architect's approval, a schedule of submittals which is coordi- relieved of responsibility for errors or omissions in Shop Draw- nated with the Contractor's construction schedule and allows ings, Product Data, Samples or similar submittals by the Archi- the Architect reasonable time to review submittals. tect's approval thereof. 3.10.3 The Contractor shall conform to the most recent 3.12.9 The Contractor shall direct specific attention,in writing schedules. or on resubmitted Shop Drawings, Product Data, Samples or 3.11 DOCUMENTS AND SAMPLES AT THE SITE Similar submittals, to revisions other than those requested by 3.11.1 The Contractor shall maintain at the site for the Owner the Architect on previous submittals. one record copy of the Drawings, Specifications, addenda, 3.12.10 Informational submittals upon which the Architect is Change Orders and other Modifications, in good order and not expected to take responsive action may be so identified in marked currently to record changes and selections made during the Contract Documents. construction, and in addition approved Shop Drawings, Prod- 3.12.11 When professional certification of performance criteria uct Data, Samples and similar required submittals. These shall of materials,systems or equipment is required by the Contract be available to the Architect and shall be delivered to the Archi- Documents, the Architect shall be entitled to rely upon the tect for submittal to the Owner upon completion of the Work. accuracy and completeness of such calculations and certifi- 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES cations. 3.12.1 Shop Drawings are drawings, diagrams, schedules and 3.13 USE OF SITE other data specially prepared for the Work by the Contractor or 3.13.1 The Contractor shall confine operations at the site to a Subcontractor, Sub-subcontractor, manufacturer, supplier or areas permitted b law, ordinances, distributor to illustrate some portion of the Work. p Y permits and the Contract Documents and shall not unreasonably encumber the site with 3.12.2 Product Data are illustrations, standard schedules, per- materials or equipment. formance charts, instructions, brochures, diagrams and other 3.14 CUTTING AND PATCHING information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts 3.12.3 Samples are physical examples which illustrate fit together properly. materials, equipment or workmanship and establish standards by which the Work will be judged. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the 3.12.4 Shop Drawings, Product Data, Samples and similar sub- Owner or separate contractors by cutting, patching or other mittals are not Contract Documents. The purpose of their sub- wise altering such construction,or by excavation.The Contrac- mival is to demonstrate for those portions of the Work for for shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION AIA° •©1987'1 HE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N W.,WASHINGTON,IJ.C.20006 A201-1987 9 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Owner or a separate contractor except with written consent of tect's consultants, and agents and employees of any of them _ the Owner and of such separate contractor,such consent shall arising out of(1)the preparation or approval of maps,drawings, not be unreasonably withheld. The Contractor shall not unrea- opinions,reports,surveys,Change Orders,designs or specifica- sonably withhold from the Owner or a separate contractor the tions, or (2) the giving of or the failure to give directions or Contractors consent to cutting or otherwise altering the Work. instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or 3.15 CLEANING UP failure to give is the primary cause of the injury or damage. 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the ARTICLE 4 Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction ADMINISTRATION OF THE CONTRACT equipment, machinery and surplus materials. 4.1 ARCHITECT 3.15.2 If the Contractor fails to clean up as provided in the 4.1.1 The Architect is the person lawfully licensed to practice Contract Documents, the Owner may do so and the cost architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout 3.16 ACCESS TO WORK the Contract Documents as if singular in number. The term 3.16.1 The Contractor shall provide the Owner and Architect ''Architect" means the Architect or the Architect's authorized access to the Work in preparation and progress wherever representative. located. 4.1.2 Duties,responsibilities and limitations of authority of the 3.17 ROYALTIES AND PATENTS Architect as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the 3.17.1 The Contractor shall pay all royalties and license fees. Owner, Contractor and Architect. Consent shall not be unrea- The Contractor shall defend suits or claims for infringement of sonably withheld. patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for 4.1.3 In case of termination of employment of the Architect, such defense or loss when a particular design,process or prod- the Owner shall appoint an architect against whom the Con- uct of a particular manufacturer or manufacturers is required by tractor makes no reasonable objection and whose status under the Contract Documents. However, if the Contractor has rea- the Contract Documents shall be that of the former architect. son to believe that the required design,process or product is an 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 infringement of a patent,the Contractor shall be responsible for shall be subject to arbitration. such loss unless such information is promptly furnished to the Architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 3.18 INDEMNIFICATION 4.2.1 The Architect will provide administration of the Contract 3.18.1 To the fullest extent permitted by law, the Contractor as described in the Contract Documents, and will be the shall indemnify and hold harmless the Owner,Architect,Archi- Owner's representative (1) during construction, (2) until final tect's consultants, and agents and employees of any of them payment is due and (3) with the Owner's concurrence, from from and against claims, damages, losses and expenses,includ- time to time during the correction period described in Para- ing but not limited to attorneys'fees,arising out of or resulting graph 12.2. The Architect will advise and consult with the from performance of the Work,provided that such claim,dam- Owner.The Architect will have authority to act on behalf of the age, loss or expense is attributable to bodily injury, sickness, Owner only to the extent provided in the Contract Documents, disease or death,or to injury to or destruction of tangible prop- unless otherwise modified by written instrument in accordance erty (other than the Work itself)including loss of use resulting with other provisions of the Contract. therefrom,but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor,a Subcontractor, 4.2.2 The Architect will visit the site at intervals appropriate to anyone directly or indirectly employed by them or anyone for the stage of construction to become generally familiar with the whose acts they may be liable, regardless of whether or not progress and quality of the completed Work and to determine such claim,damage,loss or expense is caused in part by a party in general if the Work is being performed in a manner indicat- indemnified hereunder. Such obligation shall not be construed ing that the Work,when completed,will be in accordance with to negate, abridge, or reduce other rights or obligations of the Contract Documents. However, the Architect will not be indemnity which would otherwise exist as to a parry or person required to make exhaustive or continuous on-site inspections described in this Paragraph 3.18 to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the 3.18.2 In claims against any person or entity indemnified Owner informed of progress of the Work,and will endeavor to under this Paragraph 3.18 by an employee of the Contractor,a guard the Owner against defects and deficiencies in the Work. Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- 4.2.3 The Architect will not have control over or charge of and tion obligation under this Paragraph 3.18 shall not be limited by will not be responsible for construction means, methods, a limitation on amount or type of damages, compensation or techniques, sequences or procedures,or for safety precaution, benefits payable by or for the Contractor or a Subcontractor and programs in connection with the Work, since these are under workers' or workmen's compensation acts, disability solely the Contractor's responsibility as provided in Paragraph - benefit acts or other employee benefit acts. 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract 3.18.3 The obligations of the Contractor under this Paragraph Documents. The Architect will not have control over or charge 3.18 shall not extend to the liability of the Architect, the Archi- of and will not be responsible for acts or omissions of the Con- AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CON TRACT FOR CONSTRUCTION• FOURTEENTH EDITION 10 A201-1987 AIAS -©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW,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 out the Architect's responsibilities at the site. The duties, other persons performing portions of the Work. responsibilities and limitations of authority of such project 4.2.4 Communications Facilitating Contract Administra- representatives shall be as set forth in an exhibit to be incorpo- • tion. Except as otherwise provided in the Contract Documents rated in the Contract Documents, or when direct communications have been specially autho- 4.2.11 The Architect will interpret and decide matters concern- rized, the Owner and Contractor shall endeavor to communi- ing performance under and requirements of the Contract cafe through the Architect. Communications by and with the Documents on written request of either the Owner or Contrac- Architect's consultants shall be through the Architect. Commu- tor. The Architect's response to such requests will be made nicatiom by and with Subcontractors and material suppliers with reasonable promptness and within any time limits agreed shall be through the Contractor. Communications by and with upon. If no agreement is made concerning the time within separate contractors shall be through the Owner. which interpretations required of the Architect shall be fur- 4.2.5 Based on the Architect's observations and evaluations of nished in compliance with this Paragraph 4.2, then delay shall the Contractor's Applications for Payment, the Architect will not be recognized on account of failure by the Architect to hrr- review and certify the amounts due the Contractor and will rush such interpretations until 15 days after written request is issue Certificates for Payment in such amounts. made for them. 4.2.6 The Architect will have authority to reject Work which 4.2.12 Interpretations and decisions of the Architect will be does not conform to the Contract Documents. Whenever the consistent with the intent of and reasonably inferable from the Architect considers it necessary or advisable for implementa- Contract Documents and will be in writing or in the form of tion of the intent of the Contract Documents,the Architect will drawings.When making such interpretations and decisions,the have authority to require additional inspection or testing of the Architect will endeavor to secure faithful performance by both Work in accordance with Subparagraphs 13.5.2 and 13.5.3, Owner and Contractor, will not show partiality to either and whether or not such Work is fabricated,installed or completed. will not be liable for results of interpretations or decisions so However, neither this authority of the Architect nor a decision rendered in good faith. made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- 4.2.13 The Architect's decisions on matters relating to aesthetic tect to the Contractor,Subcontractors, material and equipment effect will be final if consistent with the intent expressed in the suppliers,their agents or employees,or other persons perform- Contract Documents. ing portions of the Work. 4.2.7 The Architect will review and approve or take other 4.3 CLAIMS AND DISPUTES appropriate action upon the Contractor's submittals such as 4.3.1 Definition. A Claim is a demand or assertion by one of Shop Drawings, Product Data and Samples, but only for the the parties seeking, as a matter of right,adjustment or interpre- limited purpose of checking for conformance with information tation of Contract terms,payment of money,extension of time given and the design concept expressed in the Contract Docu- or other relief with respect to the terms of the Contract. The ments. The Architect's action will be taken with such reason- term "Claim" also includes other disputes and matters in ques- able promptness As to cause no delay in the Work or in the tion between the Owner and Contractor arising out of or relat- activities of the Owner, Contractor or separate contractors, ing to the Contract. Claims must be made by written notice. while allowing sufficient time in the Architect's professional The responsibility to substantiate Claims shall rest with the judgment to permit adequate review.Review of such submittals party making the Claim. is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and 4.3.2 Decision of Architect. Claims, including those alleging quantities, or for substantiating instructions for installation or an error or omission by the Architect, shall be referred initially performance of equipment or systems,all of which remain the to the Architect for action as provided in Paragraph 4.4.A deci- responsibility of the Contractor As required by the Contract sion by the Architect, as provided in Subparagraph 4.4.4,shall Documents.The Architect's review of the Contractor's submit- be required as a condition precedent to arbitration or litigation tals shall not relieve the Contractor of the obligations under of a Claim between the Contractor and Owner as to all such Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not matters arising prior to the date final payment is due, regardless constitute approval of safety precautions or, unless otherwise of(1)whether such matters relate to execution and progress of specifically stated by the Architect,of any construction means, the Work or(2) the extent to which the Work has been com- methods,techniques,sequences or procedures.The Architect's pleted. The decision by the Architect in response to a Claim approval of a specific item shall not indicate approval of an shall not be a condition precedent to arbitration or litigation in assembly of which the item is a component. the event(1)the position of Architect is vacant,(2)the Architect 4.2.8 The Architect will prepare Change Orders and Constluc- has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. action required under Subparagraph within days after the Claim is made, (4)45 days have passed after the Claim has 4.2.9 The Architect will conduct inspections to determine the been referred to the Architect or (5) the Claim relates to a date or dates of Substantial Completion and the date of final mechanic's lien. completion, will receive and forward to the Owner for the Owner's review and records written warranties and related 4.3.3 Time Limits on Claims. Claims by either party must be documents required by the Contract and assembled by the made within 21 days after occurrence of the event giving rise to Contractor, and will issue a final Certificate for Payment upon such Claim or within 21 days after the claimant first recognizes compliance with the requirements of the Contract Documents the condition giving rise to the Claim,whichever is later.Claims must be made by written notice. An additional Claim made 4.2.10 If the Owner and Architect agree,the Architect will pro- after the initial Claim has been implemented by Change Order vide one or more project representatives to assist in carrying will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION- FOURTEENTH EDITION AIAm - ©1987 THE AMERICANINSTITUTFOFARCHITE(.TS, 115 NEW YORK AVENUE,N W.,WASHINGTON,1)C 20006 A201-1987 11 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 4.3.4 Continuing Contract Performance. Pending final reso- substantiating that weather conditions were abnormal for the _ lution of a Claus including arbitration, unless otherwise agreed period of time and could not have been reasonably anticipated, in writing the Contractor shall proceed diligently with perfor- and that weather conditions had an adverse effect on the mance of the Contract and the Owner shall continue to make scheduled construction. payments in accordance with the Contract Documents. 4.3.9 Injury or Damage to Person or Property. If either parry 4.3.5 Waiver of Claims: Final Payment. The making of final to the Contract suffers injury or damage to person or property payment shall constitute a waiver of Claims by the Owner because of an act or omission of the other party,of any of the except those arising from: other party's employees or agents, or of others for whose acts .1 liens, Claims, security interests or encumbrances aris- such party is legally liable, written notice of such injury or ing out of the Contract and unsettled; damage, whether or not insured, shall be given to the other .2 failure of the Work to comply with the requirements party within a reasonable time not exceeding 21 days after first of the Contract Documents; or observance. The notice shah provide sufficient detail to enable 3 terms of special warranties required by the Contract 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 Documents. be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4.3.6 Claims for Concealed or Unknown Conditions. If con- 4.4 RESOLUTION OF CLAIMS AND DISPUTES ditions are encountered at the site which are(1)subsurface or otherwise concealed physical conditions which differ materi- 4.4.1 The Architect will review Claims and take one or more;,t ally from those indicated in the Contract Documents or (2) the following preliminary actions within ten days of receipt of a unknown physical conditions of an unusual nature, which dif- Claim:(1)request additional supporting data from the claimant, fer materially from those ordinarily found to exist and generally (2)submit a schedule to the parties indicating when the Archi- recognized as inherent in construction activities of the tect expects to take action, (3) reject the Claim in whole or in character provided for in the Contract Documents,then notice part, stating reasons for rejection, (4) recommend approval of by the observing party shall be given to the other party the Claim by the other party or(5)suggest a compromise. The promptly before conditions are disturbed and in no event later Architect may also, but is not obligated to, notify the surety,if than 21 days after first observance of the conditions.The Archi- any, of the nature and amount of the Claim. tect will promptly investigate such conditions and,if they differ materially and cause an increase or decrease in the Contractors 4.4.2 If a Claim has been resolved,the Architect will prepare or cost of, or time required for, performance of any part of the obtain appropriate documentation. Work,will recommend an equitable adjustment in the Contract 4.4.3 If a Claim has not been resolved, the party making the Sum or Contract Time,or both. If the Architect determines that Claim shall, within ten days after the Architect's preliminary the conditions at the site are not materially different from those response, take one or more of the following actions(1)submit indicated in the Contract Documents and that no change in the additional supporting data requested by the Architect, (2) terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. modify the initial Claim or(3)notify the Architect that the initial Claims by either party in opposition to such determination Claim stands. must be made within 21 days after the Architect has given 4.4.4 If a Claim has not been resolved after consideration of the notice of the decision. If the Owner and Contractor cannot foregoing and of further evidence presented by the parties or agree on an adjustment in the Contract Sum or Contract Time, requested by the Architect, the Architect will notify the parties the adjustment shall be referred to the Architect for initial deter- in writing that the Architect's decision will be made within 4.4. 4 ation,subject to further proceedings pursuant to Paragraph seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time 4.3.7 Claims for Additional Cost. If the Contractor wishes to period, the Architect will render to the parties the Architect's make Claim for an increase in the Contract Sum,written notice written decision relative to the Claim, including any change in as provided herein shall be given before proceeding to execute the Contract Sum or Contract Time or both. If there is a surety the Work. Prior notice is not required for Claims relating to an and there appears to be a possibility of a Contractor's default, emergency endangering life or property arising under Para- the Architect may,but is not obligated to,notify the surety and graph 10.3. If the Contractor believes additional cost is request the surety's assistance in resolving the controversy. involved for reasons including but not limited to(1)a written interpretation from the Architect,(2)an order by the Owner to 4.5 ARBITRATION stop the Work where the Contractor was not at fault,(3)a writ- 4.5.1 Controversies and Claims Subject to Arbitration.Any ten order for a minor change in the Work issued by the Archi- controversy or Claim arising out of or related to the Contract, tect,(4)failure of payment by the Owner,(5)termination of the or the breach thereof, shall be settled by arbitration in accor- Contract by the Owner, (6) Owner's suspension or (7) other dance with the Construction Industry Arbitration Rules of the reasonable grounds,Claim shall be filed in accordance with the American Arbitration Association, and judgment upon the procedure established herein. award rendered by the arbitrator or arbitrators may be entered 4.3.8 Claims for Additional Time in any court having jurisdiction thereof, except controversies 4.3.8.1 If the Contractor wishes to make Claim for an increase or Claims relating to aesthetic effect and except those waived as in the Contract Time,written notice as provided herein shall be provided for in Subparagraph 4.3.5. Such controversies of given. The Contractor's Claim shall include an estimate of cost Claims upon which the Architect has given notice and rendered and of probable effect of delay on progress of the Work. In the a decision as provided in Subparagraph 4.4.4 shall be subject to _ case of a continuing delay only one Claim is necessary. arbitration upon written demand of either parry. Arbitration may be commenced when 45 days have passed after a Claim 4.3.8.2 If adverse weather conditions are the basis for a Claim has been referred to the Architect as provided in Paragraph 4.3 for additional time, such Claim shall be documented by data and no decision has been rendered. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION 12 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW.,WASHING'rON,D.0 20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. 4.5.2 Rules and Notices for Arbitration. Claims between the 4.5.6 Claims and Timely Assertion of Claims. A party who Owner and Contractor not resolved under Paragraph 4.4 shall, files a notice of demand for arbitration must assert in the if subject to arbitration under Subparagraph 4.5.1, be decided demand all Claims then known to that party on which arbitra- by arbitration in accordance with the Construction Industry tion is permitted to be demanded.When a party fails to include Arbitration Rules of the American Arbitration Association cur- a Claim through oversight, inadvertence or excusable neglect, rently in effect, unless the parties mutually agree otherwise. or when a Claim has matured or been acquired subsequently, Notice of demand for arbitration shall be filed in writing with the arbitrator or arbitrators may permit amendment, the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a 4.5.7 Judgment on Final Award. The award rendered by the copy shall be filed with the Architect, arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court 4.5.3 Contract Performance During Arbitration. During arbi- having jurisdiction thereof tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4, 4.5.4 When Arbitration May Be Demanded.Demand for arbi- ARTICLE 5 tration of any Claim may not be made until the earlier of(1)the SUBCONTRACTORS date on which the Architect has rendered a final written deci- 5.1 DEFINITIONS sion on the Claim, (2)the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable 5.1.1 A Subcontractor is a person or entity who has a direct opportunity to do so, if the Architect has not rendered a final contract with the Contractor to perform a portion of the Work written decision by that date, or (3) any of the five events at the site.The term "Subcontractor" is referred to throughout described in Subparagraph 4.3.2. the Contract Documents as if singular in number and means a 4.5.4.1 When a written decision of the Architect states that(1) Subcontractor or an authorized representative of the Subcon- the decision is final but subject to arbitration and(2)a demand tractor. The term "Subcontractor" does not include a separate for arbitration of a Claim covered by such decision must be contractor or subcontractors of a separate contractor. made within 30 days after the date on which the party making 5.1.2 A Sub-subcontractor is a person or entity who has a the demand receives the final written decision, then failure to direct or indirect contract with a Subcontractor to perform a demand arbitration within said 30 days' period shall result in portion of the Work at the site. The term "Sub-subcontractor" the Architect's decision becoming final and binding upon the is referred to throughout the Contract Documents as if singular Owner and Contractor. If the Architect renders a decision after in number and means a Sub-subcontractor or an authorized arbitration proceedings have been initiated,such decision may representative of the Sub-subcontractor. be entered as evidence,but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties 5.2 AWARD OF SUBCONTRACTS AND OTHER concerned. CONTRACTS FOR PORTIONS OF THE WORK 4.5.4.2 A demand for arbitration shall be made within the time 5.2.1 Unless otherwise stated in the Contract Documents or limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause the bidding requirements, the Contractor, as soon as prac- 4.5.4.1 as applicable, and in other cases within a reasonable ticable after award of the Contract, shall furnish in writing to time after the Claim has arisen,and in no event shall it be made the Owner through the Architect the names of persons or enti- after the date when institution of legal or equitable proceedings ties(including those who are to furnish materials or equipment based on such Claim would be barred by the applicable statute fabricated to a special design)proposed for each principal por- of limitations as determined pursuant to Paragraph 13.7. tion of the Work.The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the 4.5.5 Limitation on Consolidation or Joinder. No arbitration Architect, after due investigation, has reasonable objection to arising out of or relating to the Contract Documents shall any such proposed person or entity. Failure of the Owner or include, by consolidation or joinder or in any other manner, Architect to reply promptly shall constitute notice of no reason- the Architect, the Architect's employees or consultants, except able objection. by written consent containing specific reference to the Agree- 5.2.2 The Contractor shall not contract with a proposed per- ment and signed by the Architect, Owner, Contractor and any son or entity to whom the Owner or Architect has made rea- other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, sonable and timely objection. The Contractor shall not be parties other than the Owner, Contractor, a separate contrac- required to contract with anyone to whom the Contractor has tot as described in Article 6 and other persons substantially made reasonable objection. involved in a common question of fact or law whose presence 5.2.3 If the Owner or Architect has reasonable objection to a is required if complete relief is to be accorded in arbitration. No person or entity proposed by the Contractor, the Contractor person or entity other than the Owner,Contractor or a separate shall propose another to whom the Owner or Architect has no contractor as described in Article 6 shall be included as an orig- reasonable objection. The Contract Sum shall be increased or inal third party or additional third party to an arbitration whose decreased by the difference in cost occasioned by such change • interest or responsibility is insubstantial. Consent to arbitration and an appropriate Change Order shall be issued. However,no involving an additional person or entity shall not constitute increase in the Contract Sum shall be allowed for such change consent to arbitration of a dispute not described therein or with unless the Contractor has acted promptly and responsively in a person or entity not named or described therein. The fore- submitting names as required. going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties 5.2.4 The Contractor shall not change a Subcontractor,person to the Agreement shall be specifically enforceable under appli- or entity previously selected if the Owner or Architect makes cable law in any court having jurisdiction thereof. reasonable objection to such change. AIA DOCUMENT A201 • GENERAL.CONDITIONS OF THE CONTRACT-FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •OO19R7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,NW-,WASHINGTON,D-C.20006 A201-1987 13 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is sublect to legal prosecution. 5.3 SUBCONTRACTUAL RELATIONS 6.1.3 The Owner shall provide for coordination of the activi- _ 5.3.1 By appropriate agreement,written where legally required ties of the Owner's own forces and of each separate contractor for validity,the Contractor shall require each Subcontractor,to with the Work of the Contractor, who shall cooperate with the extent of the Work to be performed by the Subcontractor, them.The Contractor shall participate with other separate con- to be bound to the Contractor by terms of the Contract Docu- tractors and the Owner in reviewing their construction sched- ments,and to assume toward the Contractor all the obligations ules when directed to do so. The Contractor shall make any and responsibilities which the Contractor, by these Docu- revisions to the construction schedule and Contract Sum ments,assumes toward the Owner and Architect.Each subcon- deemed necessary after a joint review and mutual agreement. tract agreement shall preserve and protect the rights of the The construction schedules shall then constitute the schedules Owner and Architect under the Contract Documents with to be used by the Contractor, separate contractors and the respect to the Work to be performed by the Subcontractor so Owner until subsequently revised. that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided 6.1.4 Unless otherwise provided in the Contract Documents, otherwise in the subcontract agreement, the benefit of all when the Owner performs construction or operations related rights, remedies and redress against the Contractor that the to the Project with the Owner's own forces,the Owner shall be Contractor, by the Contract Documents, has against the deemed to be subject to the same obligations and to have the Owner. Where appropriate, the Contractor shall require each same rights which apply to the Contractor under the Condi- Subcontractor to enter into similar agreements with Sub-sub- tions of the Contract, including, without excluding others, contractors. The Contractor shall make available to each pro- those stated in Article 3, this Article 6 and Articles 10, 11 posed Subcontractor,prior to the execution of the subcontract and 12. agreement, copies of the Contract Documents to which the 6.2 MUTUAL RESPONSIBILITY Subcontractor will be bound,and,upon written request of the Subcontractor, identify to the Subcontractor terms and condi- 6.2.1 The Contractor shall afford the Owner and separate con- tions of the proposed subcontract agreement which may be at tractors reasonable opportunity for introduction and storage of variance with the Contract Documents. Subcontractors shall their materials and equipment and performance of their activi- similarly make copies of applicable portions of such documents ties and shall connect and coordinate the Contractor's con- available to their respective proposed Sub-subcontractors. struction and operations with theirs as required by the Contract 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS Documents. 5.4.1 Each subcontract agreement for a portion of the Work is 6.2.2 If part of the Contractor's Work depends for proper assigned by the Contractor to the Owner provided that: execution or results upon construction or operations by the .1 assignment is effective only after termination of the Owner or a separate contractor, the Contractor shall, prior to Contract by the Owner for cause pursuant to Para- Proceeding with that portion of the Work, promptly report to graph 14.2 and only for those subcontract agreements the Architect apparent discrepancies or defects in such other which the Owner accepts by notifying the Subcon- construction that would render it unsuitable for such proper tractor in writing; and execution and results. Failure of the Contractor so to report .2 assignment is subject to the prior rights of the surety, shall constitute an acknowledgment that the Owner's or sepa- if any,obligated under bond relating to the Contract. rate contractors'completed or partially completed construction is fit and proper to receive the Contractor's Work,except as to 5.4.2 If the Work has been suspended for more than 30 days, defects not then reasonably discoverable. the Subcontractor's compensation shall be equitably adjusted. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ARTICLE 6 ble therefor. CONSTRUCTION BY OWNER 6.2.4 The Contractor shall promptly remedy damage wrong- OR BY SEPARATE CONTRACTORS fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION contractors as provided in Subparagraph 10.2.5. AND TO AWARD SEPARATE CONTRACTS 6.2.5 Claims and other disputes and matters in question 6.1.1 The Owner reserves the right to perform construction or between the Contractor and a separate contractor shall be sub- operations related to the Project with the Owner's own forces, ject to the provisions of Paragraph 4.3 provided the separate and to award separate contracts in connection with other por- contractor has reciprocal obligations. tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially 6.2.6 The Owner and each separate contractor shall have the similar to these including those portions related to insurance same responsibilities for cutting and patching as are described and waiver of subrogation. If the Contractor claims that delay for the Contractor in Paragraph 3.14. or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- 6.3 OWNER'S RIGHT TO CLEAN UP where in the Contract Documents. 6.3.1 If a dispute arises among the Contractor, separate con- 6.1.2 When separate contracts are awarded for different por- tractors and the Owner as to the responsibility under their _ tions of the Project or other construction or operations on the respective contracts for maintaining the premises and surround- site, the term "Contractor" in the Contract Documents in each ing area free from waste materials and rubbish as described in case shall mean the Contractor who executes each separate Paragraph 3.15, the Owner may clean up and allocate the cost Owner-Contractor Agreement. among those responsible as the Architect determines to be just. A 97EA INOIONS OF THE ONR CT FOR A ., EDITION 14 A201-1987 IM -@18 THE AMEICAN INSTITUTE OARCHITECTS, 1 NEW ORKVENUE,NWWA HINGTONDC.0006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 7 .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- CHANGES IN THE WORK age fee; or • .4 as provided in Subparagraph 7.3.6. 7.1 CHANGES 7.3.4 Upon receipt of a Construction Change Directive, the 7.1.1 Changes in the Work may be accomplished after execu- Contractor shall promptly proceed with the change in the tion of the Contract, and without invalidating the Contract, by Work involved and advise the krchitect of the Contractor's Change Order, Construction Change Directive or order for a agreement or disagreement with the method, if any, provided minor change in the Work, subject to the limitations stated in in the Construction Change Directive for determining the pro- this Article 7 and elsewhere in the Contract Documents. posed adjustment in the Contract Sum or Contract Time. 7.1.2 A Change Order shall be based upon agreement among 7.3.5 A Construction Change Directive signed by the Contrac- the Owner, Contractor and Architect; a Construction Change for indicates the agreement of the Contractor therewith,includ- Directive requires agreement by the Owner and Architect and ing adjustment in Contract Sum and Contract Time or the may or may not be agreed to by the Contractor; an order for a method for determining them. Such agreement shall be effec- minor change in the Work may be issued by the Architect tive immediately and shall be recorded as a Change Order. alone. 7.3.6 If the Contractor does not respond promptly or disagrees 7.1.3 Changes in the Work shall be performed under appli- with the method for adjustment in the Contract Sum, the cable provisions of the Contract Documents, and the Contrac- method and the adjustment shall be determined by the Archi- tor shall proceed promptly, unless otherwise provided in the tect on the basis of reasonable expenditures and savings of Change Order, Construction Change Directive or order for a those performing the Work attributable to the change, includ- minor change in the Work. ing, in case of an increase in the Contract Sum, a reasonable 7.1.4 If unit prices are stated in the Contract Documents or allowance for overhead and profit. In such case,and also under subsequently agreed upon, and if quantities originally con- Clause 7.3.3.3, the Contractor shall keep and present, in such templated are so changed in a proposed Change Order or Con- form as the Architect may prescribe, an itemized accounting struction Change Directive that application of such unit prices together with appropriate supporting data. Unless otherwise to quantities of Work proposed will cause substantial inequity provided in the Contract Documents,costs for the purposes of to the Owner or Contractor, the applicable unit prices shall be this Subparagraph 7.3.6 shall be limited to the following: equitably adjusted. .1 costs of labor, including social security, old age and 7.2 CHANGE ORDERS unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's 7.2.1 A Change Order is a written instrument prepared by the compensation insurance; Architect and signed by the Owner, Contractor and Architect, .2 costs of materials, supplies and equipment, includ- stating their agreement upon all of the following: ing cost of transportation, whether incorporated or .1 a change in the Work; consumed; .2 the amount of the adjustment in the Contract Sum, if .3 rental costs of machinery and equipment,exclusive of any; and hand tools, whether rented from the Contractor or .3 the extent of the adjustment in the Contract Time, if others; any. .4 costs of premiums for all bonds and insurance,permit fees, and sales, use or similar taxes related to the 7.2.2 Methods used in determining adjustments to the Contract Work; and Sum may include those listed in Subparagraph 7.3.3. .5 additional costs of supervision and field office person - 7.3 CONSTRUCTION CHANGE DIRECTIVES nel directly attributable to the change. 7.3.1 A Construction Change Directive is a written order pre- 7 3.7 Pending final determination of cost to the Owner, pared by the Architect and signed by the Owner and Architect,directing a change in the Work and stating a proposed has amounts not in dispute may be included in Applications for is for Payment. The amount of credit to be allowed by the Contrac- adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, for to the Owner for a deletion or change which results in a net without invalidating the Contract, order changes in the Work decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits within the general scope the Contract consisting of - covering related Work or substitutions are involved in a trans, deletions or other revisions, the Contract Sum and Con-tract Time being adjusted accordingly. change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. absence of total agreement on the terms of a Change Order.A Construction Change Directive shall be used in the 7.3.8 If the Owner and Contractor do not agree with the abse adjustment in Contract Time or the method for determining it, 7.3.3 If the Construction Change Directive provides for an the adjustment or the method shall be referred to the Architect adjustment to the Contract Sum,the adjustment shall be based for determination. on one of the following methods: 7.3.9 When the Owner and Contractor agree with the deter- - .1 mutual acceptance of a lump sum properly itemized mination made by the Architect concerning the adjustments in and supported by sufficient substantiating data to per- the Contract Sum and Contract Time,or otherwise reach agree - mit evaluation; ment upon the adjustments, such agreement shall be effective .2 unit prices stated in the Contract Documents or sub- immediately and shall be recorded by preparation and execu sequently agreed upon; tion of an appropriate Change Order. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA- •©1981 THE AMERICAN INSTITUTE OFARCHITEC'I'S,1735 NEW YORK AVENUE,NW,WASHINGTON,D.C.20006 A201.1987 15 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 7.4 MINOR CHANGES IN THE WORK ARTICLE 9 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or PAYMENTS AND COMPLETION extension of the Contract Time and not inconsistent with the 9.1 CONTRACT SUM intent of the Contract Documents. Such changes shall be g 1 1 The Contract Sum is stated in the Agreement and,indud- effected by written order and shall be binding on the Owner g and Contractor. The Contractor shall carry out such written ing authorized adjustments, is the total amount payable by the orders promptly. Owner to the Contractor for performance of the Work under the Contract Documents. ARTICLE 8 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor TIME shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- 8.1 DEFINITIONS ported by such data to substantiate its accuracy as the Architect 8.1.1 Unless otherwise provided, Contract Time is the period may require.This schedule,unless objected to by the Architect, of time, including authorized adjustments,allotted in the Con- shall be used as a basis for reviewing the Contractor's Applica- tract Documents for Substantial Completion of the Work. tions for Payment. 8.1.2 The date of commencement of the Work is the date 9.3 APPLICATIONS FOR PAYMENT established in the Agreement. The date shall not be postponed 9.3.1 At least ten days before the date established for each by the failure to act of the Contractor or of persons or entities progress payment, the Contractor shall submit to the Architect for whom the Contractor is responsible. an itemized Application for Payment for operations completed In accordance with the schedule of values. Such application 8.1.3 The date of Substantial Completion is the date certified shall be notarized, if required, and supported by such (hta by the Architect in accordance with Paragraph 9.8. substantiating the Contractor's right to payment as the Owner 8.1.4 The term"day"as used in the Contract Documents shall or Architect may require, such as copies of requisitions from mean calendar day unless otherwise specifically defined. Subcontractors and material suppliers, and reflecting retainage 8.2 PROGRESS AND COMPLETION if provided for elsewhere in the Contract Documents. 8.2.1 Time limits stated in the Contract Documents are of the 9.3.1.1 Such applications may include requests for payment on essence of the Contract. By executing the Agreement the Con- account of changes in the Work which have been properly tractor confirms that the Contract Time is a reasonable period authorized by Construction Change Directives but not yet for performing the Work. included in Change Orders, 8.2.2 The Contractor shall not knowingly, except by agree- 9.3.1.2 Such applications may not include requests for pay- ment or instruction of the Owner in writing,prematurely com- ment of amounts the Contractor does not intend to pay to a mence operations on the site or elsewhere prior to the effective Subcontractor or material supplier because of a dispute or other date of insurance required by Article 11 to be furnished by the reason. Contractor. The date of commencement of the Work shall not 9.3.2 Unless otherwise provided in the Contract Documents, be changed by the effective date of such insurance. Unless the payments shall be made on account of materials and equipment date of commencement is established by a notice to proceed delivered and suitably stored at the site for subsequent incor- given by the Owner, the Contractor shall notify the Owner in poration in the Work. If approved in advance by the Owner, writing not less than five days or other agreed period before payment may similarly be made for materials and equipment commencing the Work to permit the timely filing of mortgages, suitably stored off the site at a location agreed upon in writing. mechanic's liens and other security interests. Payment for materials and equipment stored on or off the site 8.2.3 The Contractor shall proceed expeditiously with ade- shall be conditioned upon compliance by the Contractor with quate forces and shall achieve Substantial Completion within procedures satisfactory to the Owner to establish the Owner's the Contract Time. title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, 8.3 DELAYS AND EXTENSIONS OF TIME storage and transportation to the site for such materials and 8.3.1 If the Contractor is delayed at any time in progress of the equipment stored off the site. Work by an act or neglect of the Owner or Architect,or of an 9.3.3 The Contractor warrants that title to all Work covered by employee of either, or of a separate contractor employed by an Application for Payment will pass to the Owner no later than the Owner, or by changes ordered in the Work, or by labor the time of payment. The Contractor further warrants that disputes,fire,unusual delay in deliveries,unavoidable casualties upon submittal of an Application for Payment all Work for or other causes beyond the Contractor's control, or by delay which Certificates for Payment have been previously issued authorized by the Owner pending arbitration, or by other and payments received from the Owner shall,to the best of the causes which the Architect determines may justify delay, then Contractor's knowledge, information and belief, be free and the Contract Time shall be extended by Change Order for such clear of liens, claims, security interests or encumbrances in reasonable time as the Architect may determine. favor of the Contractor, Subcontractors, material supplier',. 8.3.2 Claims relating to time shall be made in accordance with other persons or entities making a claim by reason of having applicable provisions of Paragraph 4.3. provided labor, materials and equipment relating to the Work. - 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- 9.4 CERTIFICATES FOR PAYMENT ages for delay by either party under other provisions of the 9.4.1 The Architect will, within seven days after receipt of the Contract Documents. Contractor's Application for Payment, either issue to the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION 16 A201-1987 AIAe •©1987 THE AME.RICAN INSTITUTE OF ARCHITECTS,1735 NEW VORK AVENUE,N W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Owner a Certificate for Payment, with a copy to the Contrac- 9.5.2 When the above reasons for withholding certification are tor, for such amount as the Architect determines is properly removed, certification will be made for amounts previously due, or notify the Contractor and Owner in writing of the withheld. Architect's reasons for withholding certification in whole or in 9.6 PROGRESS PAYMENTS pan as provided in Subparagraph 9.5.1. 9.6.1 After the Architect has issued a Certificate for Payment, 9.4.2 The issuance of a Certificate for Payment will constitute a the Owner shall make payment in the manner and within the representation by the Architect to the Owner, based on the time provided in the Contract Documents, and shall so notify Architect's observations at the site and the data comprising the the Architect. Application for Payment, that the Work has progressed to the 9.6.2 The Contractor shall promptly pay each Subcontractor, point indicated and that, to the best of the Architect's knowl- upon receipt of payment from the Owner, out of the amount edge, information and belief, quality of the Work is in accor- paid to the Contractor on account of such Subcontractor's por- dance with the Contract Documents.The foregoing representa- tion of the Work, the amount to which said Subcontractor is tions are subject to an evaluation of the Work for conformance entitled,reflecting percentages actually retained from payments with the Contract Documents upon Substantial Completion,to to the Contractor on account of such Subcontractor's portion results of subsequent tests and inspections,to minor deviations of the Work. The Contractor shall, by appropriate agreement from the Contract Documents correctable prior to completion with each Subcontractor, require each Subcontractor to make and to specific qualifications expressed by the Architect. The payments to Sub-subcontractors in similar manner. issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the 9.6.3 The Architect will, on request, furnish to a Subconuac- amount certified. However,the issuance of a Certificate for Pay- tor, if practicable, information regarding percentages of com- ment will not be a representation that the Architect has (1) pletion or amounts applied for by the Contractor and action made exhaustive or continuous on-site inspections to check the taken thereon by the Architect and Owner on account of por- quality or quantity of the Work, (2) reviewed construction tions of the Work done by such Subcontractor. means, methods, techniques, sequences or procedures, (3) 9.6.4 Neither the Owner nor Architect shall have an obligation reviewed copies of requisitions received from Subcontractors to pay or to see to the payment of money to a Subcontractor and material suppliers and other data requested by the Owner except as may otherwise be required by law. to substantiate the Contractor's right to payment or(4) made examination to ascertain how or for what purpose the Contrac- 9.6.5 Payment to material suppliers shall be treated in a manner for has used money previously paid on account of the Contract similar to that provided in Subparagraphs 9.6.2,9.6.3 and 9.6.4. Sum, 9.6.6 A Certificate for Payment,a progress payment, or partial 9.5 DECISIONS TO WITHHOLD CERTIFICATION or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the 9.5.1 The Architect may decide not to certify payment and Contract Documents. may withhold a Certificate for Payment in whole or in part, to 9.7 FAILURE OF PAYMENT the extent reasonably necessary to protect the Owner,if in the Architect's opinion the representations to the Owner required 9.7.1 If the Architect does not issue a Certificate for Payment, by Subparagraph 9.4.2 cannot be made. If the Architect is through no fault of the Contractor, within seven days after unable to certify payment in the amount of the Application,the receipt of the Contractor's Application for Payment, or if the Architect will notify the Contractor and Owner as provided in Owner does not pay the Contractor within seven days after the Subparagraph 9.4.1. If the Contractor and Architect cannot date established in the Contract Documents the amount cer- agree on a revised amount, the Architect will promptly issue a tified by the Architect or awarded by arbitration,then the Con- Certificate for Payment for the amount for which the Architect tractor may, upon seven additional days' written notice to the is able to make such representations to the Owner. The Archi- Owner and Architect, stop the Work until payment of the tect may also decide not to certify payment or, because of amount owing has been received. The Contract Time shall be subsequently discovered evidence or subsequent observations, extended appropriately and the Contract Sum shall be may nullify the whole or a part of a Certificate for Payment increased by the amount of the Contractor's reasonable costs of previously issued, to such extent as may be necessary in the shut-down, delay and start-up, which shall be accomplished as Architect's opinion to protect the Owner from loss because of: 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- ing 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 com- 9.8.2 When the Contractor considers that the Work, or a por- • pleted for the unpaid balance of the Contract Sum; tion thereof which the Owner agrees to accept separately, is .5 damage to the Owner or another contractor; substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed .6 reasonable evidence that the Work will not be com- 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 all Work in accordance with the Contract Docu- .7 persistent failure to carry out the Work in accordance ments. Upon receipt of the Contractor's list, the Architect will with the Contract Documents. make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA' •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W.,WASHINGTON,D.C.20006 A201-1987 17 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. nated portion thereof is substantially complete. If the such inspection and,when the Architect finds the Work accept- Architect's inspection discloses any item, whether or not able under the Contract Documents and the Contract fully per- included on the Contractor's list, which is not in accordance formed, the Architect will promptly issue a final Certificate for with the requirements of the Contract Documents,the Contrac- Payment stating that to the best of the Architect's knowledge, for shall, before issuance of the Certificate of Substantial Com- information and belief, and on the basis of the Architect's ' pletion,complete or correct such item upon notification by the observations and inspections,the Work has been completed in Architect. The Contractor shall then submit a request for accordance with terms and conditions of the Contract Docu- another inspection by the Architect to determine Substantial ments and that the entire balance found to be due the Contrac- Completion. When the Work or designated portion thereof is tot and noted in said final Certificate is due and payable. The substantially complete, the Architect will prepare a Certificate Architect's final Certificate for Payment will constitute a further of Substantial Completion which shall establish the date of Sub- representation that conditions listed in Subparagraph 9.10.2 as stantial Completion, shall establish responsibilities of the precedent to the Contractor's being entitled to final payment Owner and Contractor for security,maintenance,heat,utilities, have been fulfilled. damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list 9.10.2 Neither final payment nor any remaining retained accompanying the Certificate. Warranties required by the Con- percentage shall become due until the Contractor submits to tract Documents shall commence on the date of Substantial the Architect(1)an affidavit that payrolls,bills for materials and Completion of the Work or designated portion thereof unless equipment, and other indebtedness connected with the Work otherwise provided in the Certificate of Substantial Comple- for which the Owner or the Owner's property might be tion. The Certificate of Substantial Completion shall be sub- responsible or encumbered(less amounts withheld by Owner) mitted to the Owner and Contractor for their written accep- have been paid or otherwise satisfied, (2)a certificate evidenc- tance of responsibilities assigned to them in such Certificate. ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will ports Upon Substantial Completion of the Work or designated portion thereof and upon application r not be cancelled or allowed to expire until at least 30 days' the Contractor and been given to the Owner, certification by the Architect, the Owner shall make payment, prior written notice has b B (3)a written reflecting adjustment in retainage,if any,for such Work or por- statement that the Contractor knows of no substantial reason tion thereof as provided in the Contract Documents. that the insurance will not be renewable to cover the period required by the Contract Documents, (4)consent of surety, if 9.9 PARTIAL OCCUPANCY OR USE any, to final payment and(5), if required by the Owner, other data establishing payment or satisfaction of obligations,such as 9.9.1 The Owner may occupy or use any completed or par- receipts, releases and waivers of liens, claims, security interests tially completed portion of the Work at any stage when such or encumbrances arising out of the Contract, to.the extent and portion is designated by separate agreement with the Contrac- in such form as may be designated by the Owner. If a Subcon- tor, provided such occupancy or use is consented to by the tractor refuses to furnish a release or waiver required by the insurer as required under Subparagraph 11.3.11 and authorized Owner, the Contractor may furnish a bond satisfactory to the by public authorities having jurisdiction over the Work. Such Owner to indemnify the Owner against such lien. If such lien partial occupancy or use may commence whether or not the remains unsatisfied after payments are made, the Contractor portion is substantially complete, provided the Owner and shall refund to the Owner all money that the Owner may be Contractor have accepted in writing the responsibilities compelled to pay in discharging such lien, including all costs assigned to each of them for payments, retainage if any,secu- and reasonable attorneys' fees. rity,maintenance,heat,utilities,damage to the Work and insur- ance,and have agreed in writing concerning the period for cor- 9.10.3 If,after Substantial Completion of the Work,final com- rection of the Work and commencement of warranties pletion thereof is materially delayed through no fault of the required by the Contract Documents. When the Contractor Contractor or by issuance of Change Orders affecting final considers a portion substantially complete,the Contractor shall completion, and the Architect so confirms, the Owner shall, prepare and submit a list to the Architect as provided under upon application by the Contractor and certification by the Subparagraph 9.8.2. Consent of the Contractor to partial occu- Architect,and without terminating the Contract,make payment pancy or use shall not be unreasonably withheld. The stage of of the balance due for that portion of the Work fully completed the progress of the Work shall be determined by written agree- and accepted.If the remaining balance for Work not fully com- ment between the Owner and Contractor or,if no agreement is pleted or corrected is less than retainage stipulated in the Con- reached, by decision of the Architect. tract Documents,and if bonds have been furnished,the written consent of surety to payment of the balance due for that por- 9.9.2 Immediately prior to such partial occupancy or use, the tion of the Work fully completed and accepted shall be submit- Owner, Contractor and Architect shall jointly inspect the area ted by the Contractor to the Architect prior to certification of to be occupied or portion of the Work to be used in order to such payment. Such payment shall be made under terms and determine and record the condition of the Work. conditions governing final payment, except that it shall not 9.9.3 Unless otherwise agreed upon, partial occupancy or use constitute a waiver of claims.The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- of a portion or portions of the Work shall not constitute accep- paragraph 4.3.5. - tance of Work not complying with the requirements of the Contract Documents. 9.10.4 Acceptance of final payment by the Contractor, a Sub- 9.10 FINAL COMPLETION AND FINAL PAYMENT contractor or material supplier shall constitute a waiver of - claims by that payee except those previously made in writing 9.10.1 Upon receipt of written notice that the Work is ready and identified by that payee as unsettled at the time of final for final inspection and acceptance and upon receipt of a final Application for Payment. Such waivers shall be in addition to Application for Payment, the Architect will promptly make the waiver described in Subparagraph 4.3.5. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 18 A201-1987 AIAO -©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW,WASHINGTON,D C 20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. ARTICLE 10 10.2.2 The Contractor shall give notices and comply with applicable laws,ordinances,rules,regulations and lawful orders PROTECTION OF PERSONS AND PROPERTY of public authorities bearing on safety of persons or property or 10.1 SAFETY PRECAUTIONS AND PROGRAMS their protection from damage, injury or loss. 10.1.1 The Contractor shall be responsible for initiating,main- 10.2.3 The Contractor shall erect and maintain, as required by taining and supervising all safety precautions and programs in existing conditions and performance of the Contract, reason- connection with the performance of the Contract. able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating 10.1.2 In the event the Contractor encounters on the site safety regulations and notifying owners and users of adjacent material reasonably believed to be asbestos or polychlorinated sites and utilities. biphenyl (PCB) which has not been rendered harmless, the 10.2.4 When use or storage of explosives or other hazardous Contractor shall immediately stop Work in the area affected materials or equipment or unusual methods are necessary for and report the condition to the Owner and Architect in writing. execution of the Work, the Contractor shall exercise utmost The Work in the affected area shall not thereafter be resumed care and carry on such activities under supervision of properly except by written agreement of the Owner and Contractor if in qualified personnel. fact the material is asbestos of polychlorinated biphenyl(PCB) and has not been rendered harmless. The Work in the affected 10.2.5 The Contractor shall promptly remedy damage and loss area shall be resumed in the absence of asbestos or polychlon- (other than damage or loss insured under property insurance nated biphenyl (PCB), or when it has been rendered harmless, required by the Contract Documents)to property referred to in by written agreement of the Owner and Contractor, or in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the accordance with final determination by the Architect on which Contractor, a Subcontractor, a Sub-subcontractor, or anyone arbitration has not been demanded, or by arbitration under directly or indirectly employed by any of them, or by anyone Article 4. 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 10.1.3 The Contractor shall not be required pursuant to Article damage or loss attributable to acts or omissions of the Owner 7 to perform without consent any Work relating to asbestos or or Architect or anyone directly or indirectly employed by polychlorinated biphenyl(PCB). either of them,or by anyone for whose acts either of them may 10.1.4 To the fullest extent ermined b law, the Owner shall be liable, and not attributable to the fault or negligence of the P Y Contractor. The foregoing obligations of the Contractor are in indemnify and hold harmless the Contractor, Architect, Archi- addition to the Contractor's obligations under Paragraph 3.1& tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- 10.2.6 The Contractor shall designate a responsible member of ing but not limited to attorneys' fees, arising out of or resulting the Contractor's organization at the site whose duty shall be the from performance of the Work in the affected area if in fact the prevention of accidents. This person shall be the Contractor's material is asbestos or polychlorinated biphenyl(PCB)and has superintendent unless otherwise designated by the Contractor not been rendered harmless,provided that such claim,damage, in writing to the Owner and Architect. loss or expense is attributable to bodily injury,sickness,disease 10.2.7 The Contractor shall not load or permit any part of the or death, or to injury to or destruction of tangible property construction or site to be loaded so as to endanger its safety. (other than the Work itself) including loss of use resulting therefrom,but only to the extent caused in whole or in part by 10.3 EMERGENCIES negligent acts or omissions of the Owner, anyone directly or 10.3.1 In an emergency affecting safety of persons or property, indirectly employed by the Owner or anyone for whose acts the Contractor shall act, at the Contractor's discretion, to pre- the Owner may be liable, regardless of whether or not such vent threatened damage, injury or loss. Additional compensa- claim, damage, loss or expense is caused in pan by a party tion or extension of time claimed by the Contractor on account indemnified hereunder. Such obligation shall not be construed of an emergency shall be determined as provided in Paragraph to negate, abridge, or reduce other rights or obligations of 4.3 and Article 7. indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1 A. ARTICLE 11 10.2 SAFETY OF PERSONS AND PROPERTY INSURANCE AND BONDS 10.2.1 The Contractor shall take reasonable precautions for 11.1 CONTRACTOR'S LIABILITY INSURANCE safety of, and shall provide reasonable protection to prevent damage, injury or loss to: 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in .1 employees on the Work and other persons who may the jurisdiction in which the Project is located such insurance as be affected thereby; will protect the Contractor from claims set forth below which .2 the Work and materials and equipment to be incorpo- may arise out of or result from the Contractor's operations rated therein, whether in storage on or off the site, under the Contract and for which the Contractor may be legally under care, custody or control of the Contractor or liable, whether such operations be by the Contractor or by a the Contractor's Subcontractors or Sub-subcontrac- Subcontractor or by anyone directly or indirectly employed by tors; and any of them,or by anyone for whose acts any of them may be .3 other property at the site or adjacent thereto, such as liable: trees, shrubs, lawns, walks, pavements, roadways, .1 claims under workers' or workmen's compensation, structures and utilities not designated for removal, relo- disability benefit and other similar employee benefit acts cation or replacement in the course of construction. which are applicable to the Work to be performed; AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1981 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEV YORK AVENUE,N W.,WASHINGTON.D.C.20006 A201-1987 19 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. .2 claims for damages because of bodily injury, occupa- other than the Owner has an insurable interest in the property tional sickness or disease,or death of the Contractor's required by this Paragraph 11.3 to be covered, whichever is employees; earlier. This insurance shall include interests of the Owner, the .3 claims for damages because of bodily injury,sickness Contractor, Subcontractors and Sub-subcontractors in the or disease,or death of any person other than the Con- Work. tractor's employees; 11.3.1.1 Property insurance shall be on an all-risk policy form .4 claims for damages insured by usual personal injury and shall insure against the perils of fire and extended coverage liability coverage which are sustained(1)by a person and physical loss or damage including, without duplication of as a result of an offense directly or indirectly related to coverage, theft, vandalism, malicious mischief, collapse, false- employment of such person by the Contractor,or(2) work, temporary buildings and debris removal including by another person; demolition occasioned by enforcement of any applicable legal .5 claims for damages, other than to the Work itself, requirements, and shall cover reasonable compensation for because of injury to or destruction of tangible prop- Architect's services and expenses required as a result of such erty, including loss of use resulting therefrom; insured loss. Coverage for other perils shall not be required .S claims for damages because of bodily injury,death of unless otherwise provided in the Contract Documents. a person or property damage arising out of owner- 11.3.1.2 If the Owner does not intend to purchase such prop- ship, maintenance or use of a motor vehicle; and erty insurance required by the Contract and with all of the .7 clams involving contractual liability insurance appli- coverages in the amount described above, the Owner shall«) cable to the Contractor's obligations under Paragraph inform the Contractor in writing prior to commencement of 3.18. the Work.The Contractor may then effect insurance which will protect the interests of the Contractor,Subcontractors and Sub- 11.1.2 The insurance required by Subparagraph 11.1.1 shall be subcontractors in the Work,and by appropriate Change Order written for not less than limits of liability specified in the Con- the cost thereof shall be charged to the Owner. If the Contrac- tract Documents or required by law, whichever coverage is for is damaged by the failure or neglect of the Owner to put greater. Coverages, whether written on an occurrence or chase or maintain insurance as described above, without so claims-made basis, shall be maintained without interruption notifying the Contractor, then the Owner shall bear all reason- from date of commencement of the Work until date of final able costs properly attributable thereto. payment and termination of any coverage required to be main- 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- 11.1.3 Certificates of Insurance acceptable to the Owner shall ments, the Contractor shall pay costs not covered because of be filed with the Owner prior to commencement of the Work. such deductibles.If the Owner or insurer increases the required These Certificates and the insurance policies required by this minimum deductibles above the amounts so identified or if the Paragraph 11.1 shall contain a provision that coverages Owner elects to purchase this insurance with voluntary deduc- afforded tinder the policies will not be cancelled or allowed to tible amounts, the Owner shall be responsible for payment of expire until at least 30 days'prior written notice has been given the additional costs not covered because of such increased or to the Owner. If any of the foregoing insurance coverages are voluntary deductibles. If deductibles are not identified in the required to remain in force after final payment and are reason- Contract Documents, the Owner shall pay costs not covered ably available,an additional certificate evidencing continuation because of deductibles. of such coverage shall be submitted with the final Application 11.3.1.4 Unless otherwise provided in the Contract Docu- for Payment as required by Subparagraph 9.10.2. Information ments,this property insurance shall cover portions of the Work concerning reduction of coverage shall be furnished by the stored off the site after written approval of the Owner at the Contractor with reasonable promptness in accordance with the value established in the approval,and also portions of the Work Contractor's information and belief in transit 11.2 OWNER'S LIABILITY INSURANCE 11.3.2 Boller and Machinery Insurance. The Owner shall 11.2.1 The Owner shall be responsible for purchasing and purchase and maintain boiler and machinery insurance maintaining the Owner's usual liability insurance. Optionally, required by the Contract Documents or by law, which shall the Owner may purchase and maintain other insurance for self- specifically cover such insured objects during installation and protection against claims which may arise from operations until final acceptance by the Owner;this insurance shall include under the Contract. The Contractor shall not be responsible interests of the Owner, Contractor, Subcontractors and Sub- for purchasing and maintaining this optional Owner's liability subcontractors in the Work, and the Owner and Contractor insurance unless specifically required by the Contract shall be named insureds. Documents. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's 11.3 PROPERTY INSURANCE option, may purchase and maintain such insurance as will 11.3.1 Unless otherwise provided, the Owner shall purchase insure the Owner against loss of use of the Owner's property and maintain, in a company or companies lawfully authorized due to fire or other hazards, however caused. The Owner to do business in the jurisdiction in which the Project is waives all rights of action against the Contractor for loss of use located, property insurance in the amount of the initial Con- of the Owner's property,including consequential losses due to tract Sum as well as subsequent modifications thereto for the fire or other hazards however caused. entire Work at the site on a replacement cost basis without vol- 11.3.4 If the Contractor requests in writing that insurance for untary deductibles. such property insurance shall be main- risks other than those described herein or for other special haz- tained, unless otherwise provided in the Contract Documents ards be included in the property insurance policy, the Owner ' or otherwise agreed in writing by all persons and entities who shall, if possible, include such insurance, and the cost thereof are beneficiaries of such insurance,until final payment has been shall be charged to the Contractor by appropriate Change made as provided in Paragraph 9.10 or until no person or entity Order. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION 20 A201-1987 AIAM •(D 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N W WASHINGTON,D C 2(X)06 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 11.3.10 The Owner as fiduciary shall have power to adjust and insures properties, real or personal or both, adjoining or adja- settle a loss with insurers unless one of the parties in interest cent to the site by property insurance under policies separate shall object in writing within five days after occurrence of loss from those insuring the Project, or if after final payment prop- to the Owner's exercise of this power; if such objection be erty insurance is to be provided on the completed Project made,arbitrators shall be chosen as provided in Paragraph 4.5. through a policy or policies other than those insuring the Proj- The Owner as fiduciary shall,in that case,make settlement with ect during the construction period, the Owner shall waive all insurers in accordance with directions of such arbitrators. If rights in accordance with the terms of Subparagraph 11.3.7 for distribution of insurance proceeds by arbitration is required, damages caused by fire or other perils covered by this separate the arbitrators will direct such distribution. property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- 11.3.6 Before an exposure to loss may occur, the Owner shall panies providing property insurance have consented to such file with the Contractor a copy of each policy that includes partial occupancy or use by endorsement or otherwise. The insurance coverages required by this Paragraph 11.3. Each Owner and the Contractor shall take reasonable steps to obtain policy shall contain all generally applicable conditions, de6ni- consent of the insurance company or companies and shall, [ions,exclusions and endorsements related to this Project.Each without mutual written consent, take no action with respect to policy shall contain a provision that the policy will not be partial occupancy or use that would cause cancellation,lapse or cancelled or allowed to expire until at least 30 days' prior writ- reduction of insurance. ten notice has been given to the Contractor. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.3.7 Waivers of Subrogation. The Owner and Contractor 11.4.1 The Owner shall have the right to require the Contrac- waive all rights against(1)each other and any of their subcon- for to furnish bonds covering faithful performance er the Con- tractors,sub-subcontractors,agents and employees,each of the tract and payment of obligations arising thereunder as n the lated in bidding requirements or specificallyftherequired in the other, and (e the Architect, Architect's consultants, separate Contract Documents on the date of execution of the Contract. contractorsdescribed in Article 6, if any,and any of their sub- contractors, sub-subcontractors, agents and employees, for 11.4.2 Upon the request of any person or entity appearing to damages caused by fire or other perils to the extent covered by be a potential beneficiary of bonds covering payment of obliga- property insurance obtained pursuant to this Paragraph 11.3 or eons arising under the Contract, the Contractor shall promptly other property insurance applicable to the Work, except such furnish a copy of the bonds or shall permit a copy to be made. rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate ARTICLE 12 contractors described in Article 6, if any, and the subcontrac- tors,sub subcontractors,agents and employees of any of them, UNCOVERING AND CORRECTION OF WORK by appropriate agreements, written where legally required for 12 1 UNCOVERING OF WORK validity, similar waivers each in favor of other parties enum- erated herein.The policies shall provide such waivers of subro- 12.1.1 If a portion of the Work is covered contrary to the gation by endorsement or otherwise. A waiver of subrogation Architect's request or to requirements specifically expressed in shall be effective as to a person or entity even though that per- the Contract Documents, it must, if required in writing by the son or entity would otherwise have a duty of indemnification, Architect, be uncovered for the Architect's observation and be contractual or otherwise, did not pay the insurance premium replaced at the Contractor's expense without change in the directly or indirectly, and whether or not the person or entity Contract Time. had an insurable interest in the property damaged 12.1.2 If a portion of the Work has been covered which the 11.3.8 A loss insured under Owner's property insurance shall Architect has not specifically requested to observe prior to its be adjusted by the Owner as fiduciary and made payable to the being covered,the Architect may request to see such Work and Owner as fiduciary for the insureds, as their interests may it shall be uncovered by the Contractor. If such Work is in appear, subject to requirements of any applicable mortgagee accordance with the Contract Documents, costs of uncover- clause and of Subparagraph 11.3.10. The Contractor shall pay ing and replacement shall, by appropriate Change Order, be Subcontractors their just shares of insurance proceeds received charged to the Owner. If such Work is not in accordance with by the Contractor, and by appropriate agreements, written the Contract Documents, the Contractor shall pay such costs where legally required for validity,shall require Subcontractors unless the condition was caused by the Owner or a separate to make payments to their Sub-subcontractors in similar contractor in which event the Owner shall be responsible for manner. payment of such costs. 12.2 CORRECTION OF WORK 11.3.9 If required in writing by a party in interest, the Owner 12.2.1 The Contractor shall promptly correct Work rejected as fiduciary shall, upon occurrence of an insured loss, give by the Architect or failing to conform to the requirements of bond for proper performance of the Owner's duties. The cost the Contract Documents, whether observed before or after of required bonds shall be charged against proceeds received as Substantial Completion and whether or not fabricated,installed fiduciary. The Owner shall deposit in a separate account pro- or completed. The Contractor shall bear costs of correcting ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, such rejected Work, including additional testing and i[ions and compensation for the Architect's services and and or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such expenses made necessary thereby. loss no other special agreement is made, replacement of dam- 12.2.2 If, within one year after the date of Substantial Comple- aged property shall be covered by appropriate Change Order. tion of the Work or designated portion thereof,or after the date AIA-DOCUMENT H A IN MF.ICAN I I NSTTUTE OFF AR HIT ECTS L CONDITIONS OF THE (1-5RNEW ORKrAVENUE,N.WNWASOHINGTON,D CURTEENTH D 2006 A201-1987 21 WARNING:Unlicensed photocopying violates U.S.copyright laves and Is sublect to legal prosecution. for commencement of warranties established under Sub- ARTICLE 13 paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents,any of the Work is found MISCELLANEOUS PROVISIONS to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after 13.1 GOVERNING LAW receipt of written notice from the Owner to do so unless the 13.1.1 The Contract shall be governed by the law of the place Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after 13.2 SUCCESSORS AND ASSIGNS Substantial Completion by the period of time between Substan- 13.2.1 The Owner and Contractor respectively bind them- tial Completion and the actual performance of the Work. This selves, their partners, successors, assigns and legal representa- obligation under this Subparagraph 12.2.2 shall survive accep- tives to the other patty hereto and to partners, successors, tance of the Work under the Contract and termination of the assigns and legal representatives of such other party in respect Contract. The Owner shall give such notice promptly after dis- to covenants,agreements and obligations contained in the Con- covery of the condition. tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If 12.2.3 The Contractor shall remove from the site portions of either party attempts to make such an assignment without such the Work which are not in accordance with the requirements consent,that party shall nevertheless remain legally responsible of the Contract Documents and are neither corrected by the for all obligations under the Contract. Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work 13.3 WRITTEN NOTICE within a reasonable time, the Owner may correct it in actor- 13.3.1 Written notice shall be deemed to have been duly dance with Paragraph 2.4. If the Contractor does not proceed served if delivered in person to the individual or a member of with correction of such nonconforming Work within a reason- the firm or entity or to an officer of the corporation for which it able time fixed by written notice from the Architect,the Owner was intended,or if delivered at or sent by registered or certified may remove it and store the salvable materials or equipment at mail to the last business address known to the party giving the Contractor's expense. If the Contractor does not pay costs notice. of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written 13.4 RIGHTS AND REMEDIES notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof,after deducting 13.4.1 Duties and obligations imposed by the Contract Docu- costs and damages that should have been borne by the Con- ments and rights and remedies available thereunder shall be in tractor,including compensation for the Architect's services and addition to and not a limitation of duties,obligations,rights and expenses made necessary thereby. If such proceeds of sale do remedies otherwise imposed or available by law. not cover costs which the Contractor should have borne, the 13.4.2 No action or failure to act by the Owner, Architect or Contract Sum shall be reduced by the deficiency. If payments Contractor shall constitute a waiver of a right or duty afforded then or thereafter due the Contractor are not sufficient to cover them under the Contract,nor shall such action or failure to act such amount, the Contractor shall pay the difference to the constitute approval of or acquiescence in a breach thereunder, Owner. except as may be specifically agreed in writing. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or 13.5 TESTS AND INSPECTIONS partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work 13.5.1 Tests, inspections and approvals of portions of the which is not in accordance with the requirements of the Con- Work required by the Contract Documents or by laws, ordi- tract Documents. nances,rules,regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- wise provided, the Contractor shall make arrangements for strued to establish a period of limitation with respect to other such tests,inspections and approvals with an independent test- obligations which the Contractor might have under the Con- ing laboratory or entity acceptable to the Owner, or with the tract Documents. Establishment of the time period of one year appropriate public authority, and shall bear all related costs of as described in Subparagraph 12.2.2 relates only to the specific tests, inspections and approvals. The Contractor shall give the obligation of the Contractor to correct the Work, and has no Architect timely notice of when and where tests and inspec- relationship to the time within which the obligation to comply tions are to be made so the Architect may observe such proce- with the Contract Documents may be sought to be enforced, dures. The Owner shall bear costs of tests, inspections or nor to the time within which proceedings may be commenced approvals which do not become requirements until after bids to establish the Contractor's liability with respect to the Con- are received or negotiations concluded. tractor's obligations other than specifically to correct the Work. 13.5.2 If the Architect, Owner or public authorities having 12.3 ACCEPTANCE OF NONCONFORMING WORK jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- 12.3.1 If the Owner prefers to accept Work which is not in paragraph 13.5.1,the Architect will,upon written authorization accordance with the requirements of the Contract Documents, from the Owner,instruct the Contractor to make arrangements the Owner may do so instead of requiring its removal and cor- for such additional testing, inspection or approval by an entity rection, in which case the Contract Sum will be reduced as acceptable to the Owner, and the Contractor shall give timely appropriate and equitable. Such adjustment shall be effected notice to the Architect of when and where tests and inspections whether or not final payment has been made. are to be made so the Architect may observe such procedures. AI Ou97A GENERAL CONDITIONS OF THE CONTRACT CONSTRUCTION FOURTEENTH22 A201-1987 AIA' - 18THE MEICAN INSTITTE OFF ARCHITECTS,13EW YORKAVENUE,NW,WAHNGTON,D EDITION 20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is sublet[to legal Prosecution. • The Owner shall bear such costs except as provided in sub- ARTICLE 14 paragraph 13.5.3. under TERMINATION OR SUSPENSION If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the OF THE CONTRACT portions of the Work to comply with requirements established 14.1 TERMINATION BY THE CONTRACTOR by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated 14.1.1 The Contractor may terminate the Contract if the Work procedures and compensation for the Architect's services and is stopped for a period of 30 days through no act or fault of the expenses. Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions 13.5.4 Required certificates of testing, inspection or approval of the Work under contract with the Contractor,for any of the shall,unless otherwise required by the Contract Documents,be following reasons: secured by the Contractor and promptly delivered to the .1 issuance of an order of a court or other public author- Architect. ity having jurisdiction; 13.5.5 If the Architect is to observe tests, inspections or •2 an act of government,such as a declaration of national approvals required by the Contract Documents, the Architect emergency, making material unavailable; will do so promptly and,where practicable,at the normal place •3 because the Architect has not issued a Certificate for of testing. Payment and has not notified the Contractor of the reason for withholding certification as provided in 13.5.6 Tests or inspections conducted pursuant to the Con- Subparagraph 9.4.1, or because the Owner has not tract Documents shall be made promptly to avoid unreasonable made payment on a Certificate for Payment within delay in the Work. the time stated in the Contract Documents; .4 if repeated suspensions,delays or interruptions by the 13.6 INTEREST Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- 13.6.1 Payments due and unpaid under the Contract Docu- ber of days scheduled for completion,or 120 days in ments shall bear interest from the date payment is due at such any 365-day period, whichever is less; or rate as the parties may agree upon in writing or,in the absence .5 the Owner has failed to furnish to the Contractor thereof,at the legal rate prevailing from time to time at the place promptly, upon the Contractor's request, reasonable where the Project is located. evidence as required by Subparagraph 2.2.1, 14.1.2 If one of the above reasons exists, the Contractor may, 13.7 COMMENCEMENT OF STATUTORY upon seven additional days' written notice to the Owner and LIMITATION PERIOD Architect, terminate the Contract and recover from the Owner 13.7.1 As between the Owner and Contractor: payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment .1 Before Substantial Completion.As to acts or failures and machinery, including reasonable overhead, profit and to act occurring prior to the relevant date of Substan- damages. Hal Completion, any applicable statute of limitations 14.1.3 If the Work is stopped for a period of 60 days through shall commence to run and any alleged cause of action no act or fault of the Contractor or a Subcontractor or their shall be deemed to have accrued in any and all events agents or employees or any other persons performing portions not later than such date of Substantial Completion; of the Work under contract with the Contractor because the .2 Between Substantial Completion and Final Certifi• Owner has persistently failed to fulfill the Owner's obligations Gate for Payment. As to acts or failures to act occur- under the Contract Documents with respect to matters impor- ring subsequent to the relevant date of Substantial tant to the progress of the Work, the Contractor may, upon Completion and prior to issuance of the final Certifi- seven additional days' written notice to the Owner and the care for Payment, any applicable statute of limitations Architect, terminate the Contract and recover from the Owner shall commence to run and any alleged cause of as provided in Subparagraph 14.1.2. action shall be deemed to have accrued in any and all 14.2 TERMINATION BY THE OWNER FOR CAUSE events not later than the date of issuance of the final Certificate for Payment; and 14.2.1 The Owner may terminate the Contract if the Contractor: .3 After Final Certificate for Payment. As to acts or .1 persistently or repeatedly refuses or fails to supply failures to act occurring after the relevant date of issu- enough properly skilled workers or proper materials; ance of the final Certificate for Payment, any appli- cable .2 fails to make payment to Subcontractors for materials statute of limitations shall commence to run and or labor in accordance with the respective agreements any alleged cause of action shall a deemed [o have between the Contractor and the Subcontractors; accrued in any and all events not later than the date of ,3 persistently disregards laws,ordinances,or rules, re any act or failure to act by the Contractor pursuant to g- any warranty provided under Paragraph 35, the date ulations or orders of a public authority having juris- • of any correction of the Work or failure to correct the diction; or Work by the Contractor under Paragraph 12.2,or the •4 otherwise is guilty of substantial breach of a provision date of actual commission of any other act or failure of the Contract Documents. to perform any duty or obligation by the Contractor 14.2.2 When any of the above reasons exist,the Owner, upon or Owner, whichever occurs last- certification by the Architect that sufficient cause exists to jus- AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA° •01987 THE AMERICAN INSTITUTE OFARCHITECTS,1735 NEW YORK AVENUE,N W.,WASHINGTON,D.C.200(M A201-1987 23 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. tify such action, may without prejudice to any other rights or Owner. The amount to be paid to the Contractor or Owner,as remedies of the Owner and after giving the Contractor and the the case may be,shall be certified by the Architect,upon appli- Contractor's surety, if any, seven days' written notice, termi- cation, and this obligation for payment shall survive termina- nate employment of the Contractor and may, subject to any tion of the Contract. prior rights of the surety: 14.3 SUSPENSION BY THE OWNER - .1 take possession of the site and of all materials, equip- FOR CONVENIENCE ment,tools,and construction equipment and machin- 14.3.1 The Owner may,without cause,order the Contractor in ery thereon owned by the Contractor; writing to suspend,delay or interrupt the Work in whole or in .2 accept assignment of subcontracts pursuant to Para- part for such period of time as the Owner may determine. graph 5.4; and .3 finish the Work by whatever reasonable method the 14.3.2 An adjustment shall be made for increases in the cost of Owner may deem expedient. performance of the Contract,including profit on the increased cost of performance, caused by suspension, delay or intermp- 14.2.3 When the Owner terminates the Contract for one of the tion. No adjustment shall be made to the extent: reasons stated in Subparagraph 14.2.1, the Contractor shall not ,1 that performance is, was or would have been so sus- be entitled to receive further payment until the Work is finished. pended, delayed or interrupted by another cause for which the Contractor is responsible; or 14.2.4 If the unpaid balance of the Contract Sum exceeds costs .2 that an equitable adjustment is made or denied of finishing the Work, including compensation for the Archi- another provision of this Contract. tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the 14.3.3 Adjustments made in the cost of performance may have unpaid balance, the Contractor shall pay the difference to the a mutually agreed fixed or percentage fee. AIA DOWMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURI'EEP. h bl,.IION 24 A201-1987 AIAe •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W,WASHINGTON,D C 2(N)06 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 ofthatArticle, paragraph, subparagraph, orclause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $ 100,000. Long Creek Drainage Retrofit Projects K-1 .2 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $ 1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate C. 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. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): f. Personal Injury,with Employment Exclusion deleted: $ 1,000,000 Aggregate. .3 Comprehensive Automobile Liability (owned, non-owned, hired): a. 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 apolitical 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 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 ajoint 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 (�_f)til�S C. �/�fZ� of the TERRY 664 fiO—IA160' "47 PJ&9y be (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 day of 19PeJ L ,20 /,'-- (SEAL OF THE CORPORATION) Laws of New York,1965 Ch.751,Sec.103-d,as amended 6 p effective on September 1,1965. Signature Long Creek Drainage Retrofit Projects L-1 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS A. 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 shalt 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. B. FEDERAL REGULATIONS: 1. 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 hisfiles;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 subcontractor 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-1) 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 contractoror subcontractor(1) is not exempt from the provisions of this Subpart 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(1), (ii),and (iv)of this paragraph (a)(1). (2) Each person required by subparagraph(1)of this paragraph to submit reports shall flie 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. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENT STANDARDS A. 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. B. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1- 112 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, 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 C. Each contract of an amount in excess of$2,500 awarded by Grantee or Sub-grantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property,goods,or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. D. 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. E. 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. F. 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. G. 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. H. All contracts and sub-grants in excess of $ 10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity",as supplemented in Department of Labor Regulations(41 CFR, Part 60). Each contractor or sub-grantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or sub-grantees and to assure that suspected or reported violations are promptly investigated. 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: 1. 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. 2. 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. 3. 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. 4. 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. 5. Section 220-e, which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder,no contractor,subcontractor,nor any person acting on behalf of such contractor or subcontractor,shall by reason of race,creed,color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor,subcontractor,nor any person on his behalf shall,in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race,creed,color or national origin. (Yourattention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); ( C ) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; Long Creek Drainage Retrofit Projects M_7 (d) That this contract maybe 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. 6. 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. 7. 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. 8. 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 DRAINAGE IMPROVEMENTS 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 Provisions ➢ Temporary Silt Screen (DEC permit Requirement) PAYMENT - GENERAL REQUIREMENTS 1. 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. 2. 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 A. 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. B. 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. C. 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 A. The Owner's Engineer will establish one (1) bench mark and location of the work lines as reference points for the Contractor. B. 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. C. 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 D. 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 A. 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 various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. B. 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 Prime 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 undertaken by Contract. A minimum of five (5)of the projects must have been built for municipal clients. APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior 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. B. 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 govern the construction work. CONTRACT DRAWINGS A. 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 - Cross 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 prior 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 A. 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 various technical sections. B. 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 period 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 C. 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. PAYMENTS 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: A. Temporary Utilities — Electricity, lighting, ventilation, water and sanitary facilities. B. Temporary Controls — Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities — Access roads, parking, progress cleaning, project signage, and temporary buildings. TEMPORARY ELECTRICITY A. All Contractors shall be responsible for providing temporary electric power for all construction activities associated with their contracts. TEMPORARY WATER SERVICE A. The Contractor shall provide temporary water service for construction purposes, sanitary facilities, fire protection and for cleaning. B. Potable water shall be furnished for construction personnel by portable containers. C. Water service shall be protected from freezing, and the service shall be extended and relocated as necessary to meet temporary water requirements. D. 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. E. Comply with all applicable codes and arrange for all necessary inspections and approvals. F. Upon completion of all work, the Contractor shall disconnect and remove all temporary connections and fixtures. TEMPORARY SANITARY FACILITIES A. 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. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. 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 E. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. F. Comply with all applicable codes and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. First Aid Facilities and Accidents B. 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. C. Accident 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising 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. 2. 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. 3. 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 A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. B. Protect site from standing or running water. Provide water barriers as required to protect site from soil erosion. C. 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 A. Provide security and facilities to protect work, and existing facilities, and Owner's operations from unauthorized entry, vandalism or theft. B. Coordinate with Owner. C. Furnish security during the course of the work. Long Creek Drainage Retrofit Projects N-10 ACCESS ROAD A. Maintain roads accessing construction area as shown on the Construction Drawings. B. Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. D. 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. E. 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 A. The Contractor's personnel shall park in a manner that will not affect or impede the public use of the road system. B. When space is not adequate, the Contractor shall provide additional off-site parking. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as designated by the Owner. REMOVAL OF UTILITIES, FACILITIES AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final Applications for Payment Inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during 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-11 SECTION — HEALTH AND SAFETY PROVISIONS REQUIREMENTS A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during 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: 1. 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. 2. U.S. Environmental Protection Agency Medical Monitoring Program Guidelines. B. If, at any time, the Owner or the Engineer is apprised 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. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during 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 Site Demolition 02160 Shoring and Bracing 02200 Site Preparation 02221 Unclassified Excavation and Grading 02222 Clean Granular Fill 02512 PVC Pipe and Fittings 02630 Stormwater Drainage 02722 Pavement Sub-base Preparation 02723 Recycled Portland Cement Concrete Aggregate Base Course 02740 Asphaltic Concrete Pavement 02772 Concrete Curb 02900 Beach Grass Planting 02911 Topsoil 02920 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: A. Existing catch basins and abandoned Suffolk County Water Authority piping. B. Highway asphalt C. Any and all excess soil or unsuitable material. Long Creek Drainage Retrofit Projects N-15 DEMOLITION DESCRIPTION AND DETAILS A. 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 debris to be demolished shall be removed and disposed of off site. B. The Contractor shall remove existing guard rail as needed to accommodate the new construction. All guard rail 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. C. 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 prior 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 properly compacted in place. D. 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 A. The Contractor shall furnish 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. B. 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 dewatering, 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 A. Recommended Technical Provisions for Shoring and Sloping of Trenches and Excavations, U.s. Department of commerce. B. 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 A. Steel Sheet Piling: Steel sheet piling shall conform to the requirements of ASTM A328. B. Timber Sheeting: 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 A. Before commencing work, the Contractor shall check and verify 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. B. 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. Interior 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 written 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, during 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 right 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 A. 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 material shall be a minimum of five (5)feet below the proposed finished grade. B. 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 WORK INCLUDED 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 exercise 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 material 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 tree 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. Tree 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 barriers 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 cutting 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, burlapped 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 grid 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 material 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 fumishing 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 @730F 7100 ASTM D638 Modulus of Elasticity in Tension, psi @730F 400,000 ASTM D638 Flexural Strength, psi 12,000-14,000 ASTM D790 Izod Impact, Ftlbs/in., Notch @730F 0.65 ASTM D256 Heat Deflection OF @264psi 160 ASTM D648 Heat Resistance OF 140 Thermal Conductivity, BTU/hr./s .FT./°F/in 1.2 ASTM C177 Coefficent of Expansion, in./in./°Fx10'5 3.0 ASTM D696 Water Absorption, %/24 hrs. @730F 0.05 ASTM D570 Cell Classificiation 12454E 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. 4. Lay pipe on a continuously rising grade from low points to high points 5. 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 A. During the progress of the Work keep pipe clean from all sediment, debris, and other foreign material. B. 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 furnishing 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 accurate shop drawings, catalog cuts, details for the Engineers approval. No installation shall be made prior to approval of the Engineer. MATERIALS A. Leaching Pools— Leaching pools shall consist of leaching rings and a solid flat traffic bearing slab. The diameter and depth of the leaching pools shall be as indicated on the plans. The leaching rings and solid, flat traffic bearing slab shall be as manufactured by Suffolk Precast Inc., Calverton, NY or an approved equal. B. 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. C. 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. D. 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. E. Frames and Covers (circular 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 A. 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 properly compact the sub-base. The sub-base shall be compacted to 90% of maximum density within 3 percent 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 prior 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 % 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 resurfaced 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 OF MEASUREMENT 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 WORK INCLUDED 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 monolithically with other structures unless otherwise directed by the Engineer. C. Casting 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 - "W 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 material 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 F. Handling and Placing 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 brevilialata '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: 1. 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 A. 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 Passing 1" Screen 100 '/4 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 hydroseeding, 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 binder should meet the following requirements: Organic Matter 98% +2% Ash Content 1.4% pH 6 ± 2 Water Holding Capacity 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 prior to installing jute or erosion control mat. B. Seeding shall be done between April 15t' to June 15tn or September 1st to November 15tn C. Soil amendments shall be granular type incorporated into the top three inches of soil. The Contractor may utilize liquid type with manufacturer's certification 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 OF MEASUREMENT 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 G�\vO w o :� o \�G S 3 n o n z --3 KEY MAP @,y O`G pON O G� �G s F a R� 2y 4� G G v SCTM #: Proposed o d 1000 -55 - 03 - XX f Water Quality & Drainage , D 3 DATE: SCALE: rt ea Reconstruction Project November 22, 2012 AS NOTED ScUhNd Tow Long Creek Drive & Laurel Ave. to tJ Southold, New York 11971 a fig- Enpg flc�aftq DepefteM Drawn: Eg Eg W 53095 Main Road, Southold, N.Y. 11971 fames A. Richter, R.A. 12 EXISTING WATER MAIN Provide Continuous line of Hay Bale 10 130' 10 /2 to be Off-set by SCWA &Silt Fencing where shown. j to M.H.W. I , Maintain Throughout the Project. i " (STING CULVERT, DRAINAGE (See Sheet B-1 for additional �} �RUCTURES& OUTFALL PIPE details.) —� 1 \i 1 10 REMAIN. gn a tine_ ________- _ EXISTING Guard Rail to be removed - I \� and replaced after new installation. Engineering - L NEW Catch Basin/Leaching Pools NEW WATER MAIN ,\ "s (8' Did.x 8'Deep) Off-set Installed by SCWA DRIVE LONG CREEK ► ' . ��, /P�Pe C TOwV, _ /) ` �� W P. pmperty Line J/ L •� r —� NEW Catch Basin/Leaching Pools / j Provide new 12" Diameter Cross Over L TO SCTM #: (8' Dia. x 8' Deep) / �. �1_ / PVC Drainage Pipe Between Basins. Y 1000-55-04-23.3 �.� �: / ..f�.l C 12 I PROJECT NOTE: 10 The Contractor shall Remove what is left of the existing a^a�-/ // 1 3 L Y Z SCTM #: Metal Inlet Structure/ Foundation. The installation of a ���. / / / / EXISTING WOOD GUARD RAIL TO BE it � 1000-55-04-5 I Temporary Cofferdam around the Inlet Structure shall I CIO REMOVED AND SALVAGED FOR L C L O m be required as needed to complete the installation of Po_. / / / // RE-USE. DAMAGE BY THE Q) 0 V C QJ the New Concrete Inlet. (See Details -Project# 1: a�j /./ / i CONTRACTOR SHALL BE REPAIRED fl. v C O 3 Sheet A-1 for Additional Notes) Under current S��G / &REPLACED BY THE CONTRACTOR O 4) O O tp tti environmental conditions, de-watering is not Fes/ AS REQUIRED. Ii 3 J Inecessary at this time but may become an issue eo during heavy rainfall events. �� / / I EXISTING CULVERT INLET / STRUCTURE TO BE REPLACED M �` usoms1ON I I ' / (See Details -Project# 1: Sheet A-1) M W EXISTINGPOND -DRAINAGE N O 2i EASEMENT AREA Z �F W v' 10 12 0 SCTM #: 0 y O s _ _ — — — — — —�- 1000-55-04-7 g . R E_ PROJECT NOTE: ye O d c CONTOURS WERE TAKEN FROM C) 4� FIELD MEASUREMENTS AND A zQ o> p H / SCTM #: \ TOPOGRAPHIC MAP ENTITLED E-O ►W- N M / I SUFFOLK COUNTY V!" < o N 1000-55-04-21 FIVE EASTERN TOWNS. to / I SCTM #: Drawing: SCTM #: 1000-55-04-22 , SITE PLAN PROJECT #: 1 1000-55-04-25.3 SCALE: 1" = 30.0' VON SPA Sheet# 1 of 2 NOTE: " - NEW 36"DIAMETER CONCRETE PIPE. PROVIDE NEW Stormitax Structural Plastic , (Set Vertical-See Section View This Sheet) Round Serbs TRASH RACK cover as Mfg by • PROVIDE314" ally-12" WEEP HOLES INSTALL Construction Products TO RTBE (B"O.C.Vertically-13"O.C.Horizontally) INSTALLED PI TOP E NEW VERTICAL CONCRETE PIPE INLET SECTION. TOP OF EAenNN wIETM.. CD, r NEW 21'ADS PIPE EXTENSION TO NEW 21'ADS PIPE EXTENSION TO SOUR �I • EXISTING OUTFACE PIPE. EXISTING OUTFACE PIPE. ®UUea®Illll Town PROJECT NOTE: Ego 2 TOPaF ExarxN ouMxu PPE Connect to Existing Pipe with Solid, I Conna�to Existing Pipe with Solid, �w�I�ddPi�� i Water 77ghl Connection. THIS NEW CONCRETE INLET SECTION Water Tight.Connection.1 HAS THE SAME BASIC DIMENSIONS OF Depa meet CE_NIERLINE OF EATW6 THE EXISTING METAL INLET SECTION.WIFML RPE_ .: ( NEW CONCRETE FOOTING. I I ♦�+ s (Fill Pipe Solid-18"Thick I Deep.) DUE TO THE ACCELERATED I NEW 36'DIAMETER CONCRETE PIPE. ` TOP OFCONL"•rs"" CORROSION OF THE EXISTING METAL 1 (Set Vertical-Sea Section View This Sheet) STRUCTURE,THE REPLACEMENT PROVIDE 314"Diameter WEEP HOLESEXISTING� I EXISTING GRAVEL BASE 70 REMAIN. STRUCTURE WILL BE MADE FROM A a axuTvuN Ea.. z Add Additional Material as Needed. (S"O.C.Vertically-12'O.C.Horizontally) " PRECAST CONCRETE PIPE SECTION NuwisasE To aux • ... 00�•'.~b:i•1 i "e���p OOs NEW CONCRETE FOOTING. y¢%a dO` d.�1.^�s!g1, AS SHOWN HEREIN. ( P) pp �rnn O�y/� Tb+�d��p�pp�O Fill Pi Solid-18'Thiekl Dee NOTE: OFON<wP••ROwi •a0"NvwOJ•+<r•.+P.•ROa C we SAW CUT OPENING AS NEEDED OR REQUIRED a TO ACCOMMODATE NEW CONNECTIONS SECTION VIEW PLAN VIEW Q •� TO EXISTING OUTFALL PIPE. (Hammering or Busting6reaking of Concrete 1ar•tw• Tn-•1w• IF T \ Pipe Section Will not be Allowed.) NEW CULVERT INLET REPLACEMENT STRUCTURE am O > �d v GRASS SHOULDER v c AREA. TYPICAL ASPHALT T CY *0 d CURB GUTTER. z Typical es •p N d 'o GRADE 41 L V fa CAST IRON INLET •s fa GRATE E FRAME O O = _ IL �j� v = 7 B'THICKPRECAST L 3 J M Imo+ CONCRETE TRAFFIC GRASS SHOULDER d BEARING SLAB. AREA. TYPICAL r ``'-' ' t' ASPHALT TIP-UP CURB GUTTER Typical M c ®®®® ® EXISTING ASPHALT ■ C? ROAD SURFACE. /� O � r C3®®®_ ® - V DIAMETER x S'DEEP C4 19 N0 r ®®® _ ® PRECAST CONCRETE /�� 4 CLEAN SAND S / \ • y 0®®® = LEACHING RING. 0 GRAVEL FILL. Z ®® ® CONCIRETE CK ETRAFFIC /CAST / \� �;I j y g 12"TRAFFIC BEARING PVC BEARING SLAB. 1031300 CROSS OVER DRAINAGE PIPE. to Q TYPICAL BETWEEN ALL CAST IRON INLET I I O o®® LEACHING POOLS AS SHOWN. GRATE B FRAME. ® INVERT TO BE SET 18"BELOW Top of Grate to be Set at 3"below ®In _ TRAFFIC BEARING SLAB. existing asphalt pavement \ r g �_ Ig S'DIAMETER x V DEEP ® 1 N k� P C PRECAST CONCRETE ❑® NEW ASPHALT TIP-UP g Q C LEACHINGRING. iIIII CURB B GUTTERO PAVEMENT.- (4"Thick) f CLEAN SAND S q GRAVEL FILL. =IIIII — - - - - - - - - - - - ` Q• IS IS GROUND WATER � a C) II I I I F N L�1R LINE OF EXISTING VN Q 0 H a 2'4"Min. 8'-O"Dia. Y-0'Min. ASPHALT ROAD. T. Drawing: PROJECT #: 1 LEACHING POOL SECTION DETAIL "As' LEACHING POOL PLAN DETAIL - 114"=1'-0" 1I4"=1'-0" Sheet# 2 of 2 Long Creek Long Creek ' ®mflh®0d p®ran 0. �;�rlJne �` D���O U��IIOU _I - / �`o°a / / ��o° p� r I�\ EXISTING EROSION SWALE TO BE CLEARED _ _ _ I _ _ / Provide Now Rip-Rap Fill Set on Non Woven o all OF ALL FALLEN WOOD&DEBRIS. — — Filter Cloth.Typ.at Existing Erosion Swale. �✓ - Provide line of Hay Bale 8 Silt Fencing as = = Y � F I I '-` ^� Shown. Maintain Throughout the Project '� Q L J EXISTING GUARD RAIL TO BE REMOVED < 1 1 L •. Q -I-J =d I i w w �I n I NEW VEGETATED DRAINAGE SWALE- QQ. 1 p I I EXISTING ASPHALT PAVEMENT TO BE W - I 1/3 SLOPE-Typical am SAW-CUT&REMOVED. -�F �/ i.< ( ( I NEW DRAINAGE STRUCTURES WITH M iL/ d d) F-=1 ~ v I I Provide line of Hay Bale 8 Silt Fencing as z e ( ( OVERFLOW. See Plan Detail y = z w m0 °; I I Shown. Maintain Throughout the Project j 3 ( I PROVIDE NEW ASPHALT TIP UP AROUND "" 3 Q a a - ae m NEW INLET CATCH BASINS.Typ each side. ? Q =. I I EXISTING ASPHALT PAVEMENT TO REMAIN. I + 0 O o I I I ion i c REINSTALL EXISTING GUARD RAIL AT END NI 6 Z q n - OF PAVEMENT. RAILING DAMAGED BY Q dI i. r+ n J I I Fib ti0 J -�„c-i OWN CONTRACTOR EXPENSE. BE REPLACED AT HIS Q it CiZ SCTM#: I SCTM#: /// SCTM#: ( SCTM#: Et 2° d W J W p / 1000-55-03-31 1000-55-07-3 / / 1000-55-03-31 1000-55-07-3 4 - // 4 n / / PROJECT NOTE: / / °tti7` — — — I — CONTOURS WERE TAKEN FROM A — — PROJECT NOTE: W—I— TOPOGRAPHIC MAP ENTITLED SUFFOLK — — CONTOURS WERE TAKEN FROM A , O � � >: Mwr!y❑", - COUNTY FIVE EASTERN TOWNS. p .1J11e _ TOPOGRAPHIC MAP ENTITLED SUFFOLK Z Z COUNTY FIVE EASTERN TOWNS. k. W ?� 9 L w L O a Q d i LU LONG CREEK DR. w LONG CREEK R. > N a d > Q N N LONG CREEK DRIVE w LONG CREEK DRIVE ° o _ wO �d at gJ F� lu N c� . . — . . — . . — yr a c N y c Drawing: DEMOLITION PLAN DRAINAGE SITE PLAN PROJECT #: 2 SCALE: 1" = 40.0' SCALE: 1" = 40.0' Sheet# -!-of 3 LINE OF HAY BALE&SILT FENCING TO BE MAINTAINED THOUGHOUT CONSTRUCTION. SEE SITE PLAN ' FOR ALL LOCATIONS. vrpx c.mc ��Q APPROXIMATE LINE OF I FLOW PROVIDE NEW RIP-RAP FILL ASPHALTLL SET ON NON-WOVEN FILTER CLOTH. PAVEMENT TO BE REMOVED. - -- TYPICAL AT LOCATION OF EXISTING EROSION SWALE. NEW DRAINAGE SWALE- 1:3 SIDE SLOPE.(TYP.) ) v ll ) •v J Y v Southold d�I T NOTE: SLOPE ' 4" VERTICAL Iv Y V v Y V ®"'°°°®QlW Town PROVIDE SLOPE STABILIZATION NEW RIIP-RAP SWALE TO ACT AS VEGETATION WITH TALL FESCUE IN I FACE y0� OVERFLOW TO NEW DRAINAGE i� `� Q 16V�QJIQV��IP�W� SWALE UNDER EXTREME ACCORDANCE WITH STANDARD �yG (� RAINFALL CONDITIONS. PRACTICE. BEDDING DETAIL PERSPECTIVE VIEW WW 00 U8 R0 PROVIDE 6"RIP RAP(2 CY N-) AT PIPE END SECTION. NEW 12"DIAMETER OUTFALL 36" MINIMUM 2 x 2 PIPE WITH CONCRETE HEADWALL G FENCE POST 0 an0lor PIPE END SECTION. AS ANGLE FIRST STAKE TOWARD y�,n f (Q APPROVED BY THE ENGINEER. PREVIOUSLY LAID BALE �^ Q �- G� �c WOVEN WIRE FENCE NEW CONCRETE ETER ACHING ASTRING FLOW _ CONCRETE LEACHING RINGS. �'�" ;;r L FILTER CLOTH >T n �1 TYPICAL `�� G' c w NEW 12"DIAMETER PVC CROSSOVER G l lnf-mac Stop I I PIPE BETWEEN LEACHING POOLS. ( c „ ;tea ^ E i !'• �✓ G® V. ASPHALT TIP-UP CURB& L r� �' d n - %2 EMBED FILTER CLOTH M GUTTER PAVEMENT(4"Thick) ( BOUND HAY BALES MIN. 6" INTO GROUND 2E = = g 4 AT NEW ROAD END SECTION. n PLACED ON CONTOUR ' L `.J NEW CAST IRON GRATE& I n". -I 'e L O -O FRAME.INLET ELEVATION TO 2 RE-BARS: STEEL PICKETS OR NOTE: BE SET 3"BELOW EXISTING 2"x 2"STAKES 1.5 to Y IN GROUND. V V ASPHALT ROAD SURFACE. ( DRIVE STAKES FLUSH WITH TOP OF MAXIMUM DRAINAGE AREA ' rH 112 ACRE 1 100 LINEAR FEET MAY BALES. L. ; N NEW METAL GUARD RAIL. _ Z �1 ANCHORING DETAIL SECTION DETAIL = '� ' 0 a'DRAIANGE PLAN DETAIL c STRAW BALE DIKE DETAILS SILT FENCE DETAILS d � d _ � SCALE: 1N 6"=V-0" .wr.wrs •�"'�."'• Q M L 0: Q) CL +: "a > > 3 ASPHALT TIP UP GUTTER AT 8'Dimm r PRECAST CONCRETE NEW 12"DIAMETER PVC OUTFALL PIPE PROVIDE 6"RIP RAP(2 CY+I-) L = J NEW ROAD END SECTION. TRAFFIC BEARING SLAB. BETWEEN LEACHING POOL&HEADWALL. AT PIPE END SECTION. It diQ EXISTING ASPHALT ROAD NEW CAST IRON COVER& NEW REINFORCED CONCRETE HEADWALL NEW DRAINAGE SWALE- 1-.3 SIDE SLOPE.(TYP.) SECTION TO REMAIN. FRAME.INLET ELEVATION TO an0lor PIPE END SECTION. PROVIDE SLOPE STABILIZATION VEGETATION WITH TALL BE SET 3"BELOW EXISTING FESCUE IN ACCORDANCE WITH STANDARD PRACTICE r P. ASPHALT ROAD SURFACE. X Q nl TOP OF SWALE-ELEVATION 18'(+/-) m@m n inluul Z � z f. h � U) o �_ ❑®® ®® ® I O a r= Q y O®®®® ® H dcc ® ®®® ® LO p(3 M®® O O Q BOTTOM OF SWALE-ELEVATION 13(+/-> O Q(3 M®® IIII�ill�lll�llll®IIII�III� w LID °� �1111�1111= O C O(3®® NEW 12"DIAMETER CROSSOVER O C3®® PIPE BETWEEN LEACHING POOLS. N O °g to to ®CO NEW 8'DIAMETER PRECAST CONCRETE Ir, MI r IL O a E3(3® LEACHING RINGS. TYPICAL • F {h ❑® y Q to • C3® C CLEAN LEACHING POOL SECTION DETAIL "B„ drawing: ANDB GRAVEL FILL PROJECT #: 2 q GRAVEL . �/ tV IIII III0IIII 5n1NA11l ml9mm B - Y-0"Min. a'a"Du. 4'-0"(+/-)TYP. Sheet# 2 of 3 1 Iodhold TOM Lg1g0neeP0ng 50'-0" Right-of-Way 15.0" -I- Road Shoulder Area (Width Varies) 24'-0"Asphalt Road(Approximate Average Width) IT-0" •I- Road Shoulder Area (Width Varies) •1. 0866 0 APPROXIMATE LINE OF EXISTING CAST IRON INLET N ASPHALT ROAD SURFACE IN GRATE a FRAME - YB FOREGROUND. r CAST IRON SOLID COVER a FRAME- ASPHALT TIP-UP I •� CENTERED OVER WTFALL PIPE. CURB GUTTER. L ILI 12"DIAMETER OVERFLOW/OUTFALL PIPE. GRASS SHOULDER .w AREA. TYPICAL GRADE ' +� V - 3 N= 8"THICK PRECAST 0 O d M1I _- _ L r - - / CONCRETE TRAFFIC iw • O _ BEARING SLAB. A4 _ c Z ff m= o®®®® ® NP ® ®® ®®a .a a o o®®®® ® ® ®=®®o IIIII as d 4 0®®®® ® ® ===®o = H ~ OC d o 0 as b O®®®® _=_®cl O O L *0 f� o®®®= - _=®® -((m a 0 3 3 O®®®= ®_®® — 0 C to 0 10 cC d 3 W vs c` C2®®® _ ®® o®® =®o 013® ®®O 8'DIAMETER PRECAST❑13 _ ®®❑ CONCRETE LEACHING RING. x ❑® ®O x W d 133 ®O CLEAN SAND a ~ } GRAVEL FILL. OT P— _ f CLEAN SAND a y GRAVEL FILL. 12"DIAMETER TRAFFIC BEARING -1 q O - PVC CROSS OVER DRAINAGE PIPE. O at Q (dam i TYPICAL BETWEEN ALL LEACHING V Qp POOLS AS SHOWN. H 1111VI11911111 1111g1111= 11118111 III _ �113111= 1111011011to 1i_ IIII�II11- �1111�1111= �1111�1111= g E_ 0 2'-0"Min. 8'-0"Dia. 4'-0"(+/.)TYp. 8'-0"Dia. 4'-0"(a/-)TYp. 8'-0"Dia. 2'-0"Min. O �O N o� f Q 111 r VT at w N c LEACHING POOL SECTION DETAIL "A" Drawing: PROJECT #: 2 B = Z Sheet# 3 of 3 PROJECTNOTE: CONTOURS WERE TAKEN FROM A , TOPOGRAPHIC MAP ENTITLED SUFFOLK COUNTY FIVE EASTERN TOWNS. Long Creek southWd Tom SCTM#: To /' 1 1000-55-03-29 h I 100-55-03-28Cd / Y \ / 41 O ` r� / m ru \ NOTE: Provide line of Hay Bale &Silt Fencing where needed. / 3 Y Z / / \ Maintain Throughout the / - 3 L 41 �1 Project. I / / �4 t� = N PROJECT NOTE: — / / / / It _ LIMITS OF CONSTRUCTION SHALL / MINIMIZE CUTTING OR CLEARING OF NATURAL VEGETATION. C11 �G O i Z 93 Z EXISTING WATER MAIN 1 off \ ' TE���N / / b s�NA / SCTM#: 0 < Q I� @s� C \ Installed Y / 1000-55-04-12 � g FO 111 O o�I SCTM#: Npuj p 0 ' I SCTM#: 1000-55-04-11 y o 1000-55-04-10 I Drawing: DRAINAGE SITE PLAN PROJECT #: 3 01 SCALE: V = 40.0' P-3 Sheet# i of 3 PROJECT NOTE: NOTE: Provide Continuous line of Hay Bale S Sift Fencing t LIMITS OF CONSTRUCTION SHALL see shoe. .1 for a Throughout dense Project (Sea sheet 8•t for additional debits.) "��.S{ �g 5� MINIMIZE CUTTING OR CLEARING Provide is 6N Store Yards--Rip Rap Pipe End Section. ®N U�®�N p®�� y 2 H-Cubic Yards-Typical OFNATURAL VEGETATION. �L� New 12"Diameter ADS Outlall Pipe. En� �� B B _ _ _ Y o erg'Tine �MY LillJ Millionrope OTE=��0� r p � � aY / B _ B NEW S.Diameter x$'Deep Precast Concrete i leaching Pool With Solid Concrete Cover. a� Its Q) G \ �1 �I ►�Iv/ NEW 12 Diameter PVC Drainage Crossover Pipe. Typical ad all:eaching Pool Connections. v New 3,000 PSI Concrete Curbing. . Q L V Q rr Align With Existing Edge of Pavement �.�a O C A Provide New 12"Nigh CMV Meer Support J y �, New 24"x(S"Cast Imn Curb Inlet Grate and Frame. L tej �W LONG CREEK DRIVE X 1 C � r� LINE OF PAVEMENT z P _ M j y @ -6 P=�3 Lipe PropeC/ > N �E3 _ 0 m N M� Drawing: D RAIAN G E PLAN DETAIL PROJECT #: 3 - SCALE: 1/8" = V-0" C 1 Sheet# 2 of 3 NEW ASPHALT PAVEMENT. PATCH A REPAIR AS NEEDED TO MEET NEW 24'z 48"CAST IRON CURB INLET GRATE&FRAME. HIGHWAY SPECIFICAITONS INLET ELEVATION TO BE SET 3"BELOW EXISTING APPROXIMATE LINE OF EXISTING ASPHALT ROAD SURFACE. c•• , ASPHALT PAVEMENT TO BE TOPSOIL&SEED. T Iwl V SAWSUT AND REMOVED. YP NEW 12"DIAMETER ADS OUTFACE PIPE. ASPHALT WEARING SURFACE PROVIDE(+l-i CY.)6'STONE GRADE „ R. �ouRhold Town RIP-RAP AT PIPE END SECTION. D O Id II . II I II I I D@paukmm PROVIDE NEW 12•HIGH CMU m I III �• _ RISER TO SUPPORT NEW CAST '� `r -''" -"� ` EXISTING r IRON CURV INLET. _ ®®®❑ RADE /w��, NEW B'DIAMETER PRECAST ®®O UIYu W CONCRETE LEACHING RINGS. ®®Q 6 TYPICAL ®O �3D PSI CONCRETE ®� UNNDISTURBED SOIL � w NEW 6'CONCRETE TRAFFIC DIAMETER PRE-CAASTBEARING CLEAN SAND& •� T F �I CONCRETE TRAFFIC BEARING SLAB. GRAVE L FILL. III = III = CATCH BASIN / OUTFALL CURB DETAILcu ` d NEW 12"DIAMETER PVC SECTION DETAIL A TYPICAL NTS cd = d C 4-j CROSSOVER PIPE BETWEEN O '• 4 � •� C LEACHING POOLS. V'�•8 0 114"=1'-0" i � Z NEW ASPHALT PAVEMENT. PATCH TOPSOIL&SEED. Typ. •• �4� <� &REPAIR AS NEEDED TO MEET COYV/ .L• HIGHWAY SPECIFICAITONS SOLID,PRECAST CONCRETE Lw c �• a COVER BELOW GRADE. H W, C c APPROXIMATE LINE OF EXISTING O *0 *1 ASPHALT PAVEMENT TO BE Q. = 7 3 SAWSUT AND REMOVED. GRADE w, W Q Q I-, NEW B'DIAMETER PRE-CAST CONCRETE TRAFFIC BEARING SLAB. X f � � .~ NEW 12'DIAMETER PVC CROSSOVER } ®® PIPE BETWEEN LEACHING POOLS. , Z P- Z 0 v II� ®®O NEW B'DIAMETER PRECAST ®®®D CONCRETE LEACHING RINGS (O _ I TYPICAL Q IS II ®®®®a ,U)= O g ® ®®®O _ N C C ac cq ® ® ®®®C3 im HO 10 Vr � CLEAN SAND& m H & 4 GRAVEL FILL. IN GROUND WATER �jIllffm ulgImlul Drawing: PROJECT #: 3 LEACHING POOL SECTION DETAIL "B" c 114"=1.-0" jI ISheet# 3 of 3 ORIGINAL THE AMERICAN INSTITUTE OF ARCHITECTS to AIA Document A377 Performance Bond BOND NO: 015035673 KNOW ALL MEN BY THESE PRESENTS: that Mere maen full name and addreo or legal tide of Conmdoq TERRY CONTRACTING & MATERIALS, INC. 840 WEST MAIN STREET, RIVERHEAD, NY 11901 as Principal, hereinafter called Contractor, and, "fare mien full name and address or legal title of Suety LIBERTY MUTUAL INSURANCE COMPANY 1200 MACARTHUR BLVD., MAHWAH, NJ 07430 as Surety, hereinafter called Surety, are held and firmly bound unto TOWN OF SOUTHOLD Men ingrt full name and addres,or legal title of D.nerl SOUTHOLD TOWN HALL, P.O. BOX 1179, 53095 MAIN ROAD SOUTHOLD,NEW YORK 11971 as Obligee, hereinafter called Owner, in the amount of Dollars (S **60,900.00** 1, **SIXTY THOUSAND NINE HUNDRED AND 00/100 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 datedAPRIL 10,2012 19 entered into a contract with Owner for Mat rmat full name, address and descnptron of protec0 (3)DRAINAGE RETROFIT PROJECTS AT LONG CREEK DRIVE AND LAUREL AVENUE, SOUTHOLD,NY 11971 in accordance with Drawings and Specifications prepared by ;Nere,inert full name and addrm or legal Isle of Arclutertl N/A which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A511 • rfRr0RMANCE BOND AND tABOR AND MATERIAL PAYMENT BOND • AIA A rt RRUARY TWO ED.•THE AMERICAN INSTITUTE Oft ARCHITECTS.1735 N.Y.AVE.,N.W.,WASHINGTON.D. C.20006 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 Suretv hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the Whenever Contractor shall be. and declared by Owner cost of completion less the balance of the contract price; to be in default under the Contract, the Owner having but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly set forth in the first paragraph hereof. The term "balance of the contract price;' as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions. or under the Contract and anv amendments thereto, less 2) Obtain a bid or bids for completing the Contract in the amount properly paid by Owner to Contractor. accordance with Its terms and conditions, and upon de- Any suit under this bond must be instituted before termination by Surety of the lowest responsible bidder, the expiration of two (2) years from the date on which or, if the Owner elects, upon determination by the final payment under the Contract falls due. Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner. Signed and sealed this 19TH day of APRIL 19 2012 TERRY CONTRACTING & MATERIALS, INC. IPrms qwh 11NII I Wi1nI.1r1 0� -1 S�� I fmc,'4= TWO JAMES C. TERRY, VICEWRESIDENT LIBERTY MUTUAL INSURANCE COMPANY tSun•11.) Ix,n IWllne.>I Z n FRANK STRCICH,V.P. Inuol GLENN G. GLUBIAK, ATTORNEY-IN-FACT AIA DOCUMENT Aall • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0 �f f(BRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N,W.,WASHINGTON.D.C.nm A ACKNOWLEDGMENT OF CONTRACTOR(PRINCIPAL IF A CORPORATION STATE OF NEW YORK ) )SS.: COUNTY OF SUFFOLK ) On the 19TH day of APRIL in the year 201 I before me personally came JAMES C. TERRY to me known,who being by me duly sworn,did depose and say that he resides in EAST NORTHPORT, NY ,that he is the VICE PRESIDENT of TERRY CONTRACTING & MATERIALS, INC.the corporation described in and which executed the above instrument;and that he signed his name thereto by authority of the board of directors of said corporation. JEIVPiIFER SPADARO Notary Public State of New YoO u <. 4; NOTARV PUBLIC !r<yt No. OISP5017514 C Qualified in Suffolk County Commission pires ept.7 ACKNOWLEDGMENT OF SURETY STATE OF NEW YORK ) )SS.: COUNTY OFSUFFOLK ) On the 19TH day of APRIL in the year2019 before me personally came GLENN G. GLUBIAK to me known,who,being duly swom,did depose and say that he resides at COMMACK , NEW YORK that he the Attorney-In-Fact of LIBERTY MUTUAL INSURANCE COMPANY the corporation described in and which executed the above instrument;and that he signed his name thereto by ' of the board of directors of said corporation JENNIFERSPADARO Notary Public State of New YorN OT Y PUBLIC N0, OISP5017514 Qualified in Suffolk County 4 LLUWy�T Commission Expires Sept.7 BOND NO: 015035673 4270153 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint GLENN G. GLIJBIAK, JENNIFER SPADARO, DAVID A. GOLDSTEIN, ALL OF THE CITY OF SMITHTOWN, STATE OF NEWYORK........................................................................................................................................................................... ............................................................................................................................................................................................... ,each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,an and all undertakings, bonds, recognizances and other surety obliggations in the penal sum not exceeding UND R TWO HED FIFTY MILLION AND 60/100************* *************** DOLLARS Is 250,000.000.00********************* )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following 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 president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make, W execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such y attorneys-in-tact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their 0 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be 47 CL ti as binding as if signed by the president and attested by the secretary. C .0 fn y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: a w Ca Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby O m ._ authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute, seal, acknowledge and r_ '0 j deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. W O im 0 I^ .� 0 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W 0— C j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of E Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 3rd day of December O O' ip 0 P Y Y 9� Y Y S+p d 0 201 D Q r� a C ` LIBERTY MUTUAL INSURANCE COMPANY //// ; m p 2 � t � � Byl 4-,0-..-.-M /.✓_ LG4�..T77, a M Garnet W. Elliott,Assistant Secretary H p aj.. COMMONWEALTH OF PENNSYLVANIA ss OI is COUNTY OF MONTGOMERY •-Or 0 rOn this 3rd day of December 2010 , before me, a Notary Public, personally came Garnet W. Elliott, to me known,and acknowledged 24)x 0•EC that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above :�F E 4 Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. m O @ � IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year t R 0 first above written. OOhWp { +'C4 �41` '�r� (' CJMMONWEAL1M 4f PENNSYLVn.'JIN , h Ci S Nma,ki s-m E N O Teresa PxidU,Naary PIDIC w OFr*.rmo,mm n�M:nmm�ry 1 By 00 0 Mr cmcrossbn Expires Mach za.zaia 00 q^ Ter sa Pastella,Notary Public O + �'/1ISY4.�fP� men•.ne,.Pe"mylvzrvan"�xv.,<,rNm.,-',� 0{0 CERTIFICATE b� .0 I,the undersigned,Assistan ecretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true 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 executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the 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 certified 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. IN WM!NY WHEREOF, haye,hereunto subscribed my name and afffiixed the corporate seal of the said company,this / day of By Davi6 M.Carey,Assigt fit Secretary Liberty LIBERTY MUTUAL INSURANCE COMPANY Mutual« FINANCIAL STATEMENT—DECEMBER 31,2010 Assets Liabilities Cash and Bank Deposits........................................... $ 795,278,733 Unearned Premiums.................................................. $3,502,531,059 *Bonds—U.S Government....................................... 928,976,332 Reserve for Claims and Claims Expense................. 15,450,806,243 *Other Bonds............................................................... 12,269,586,768 Funds Held Under Reinsurance Treaties.................. 1,764,193,716 Reserve for Dividends to Policyholders................... 4,776,435 *Stocks......................................................................... 8,410,330,089 Additional Statutory Reserve.................................... 89,441,297 Real Estate.................................................................. 280,897,925 Reserve for Commissions,Taxes and Agents'Balances or Uncollected Premiums........... 2,971,477,549 Other Liabilities.........._.............................._..... 2,126,508,564 Accrued Interest and Rents....................................... 156,129,412 Total.................................................................$22,938,257,314 Special Surplus Funds..................$1,218,426,655 Other Admitted Assets.............................................. 10,888,871,535 Capital Stock................................. 10,000,000 Paid in Surplus............................. 7,731,965,815 Unassigned Surplus...................... 4,802,898,559 Total Admitted Assets.......................................Sa6.701.54R ada Surplus to Policyholders................................13,763,291,029 Total Liabilities and Surplus..................................536.701.SdR.3d3 L INS(/ 1tppR'�y * Bonds are stated at amortized or investment value;Stocks at Association Market Values. F =00 The foregoing financial information is taken from Liberty Mutual Insurance Company's financial 1912 C 0 statement filed with the state of Massachusetts Department of Insurance. O 6 yh +t ���j�sTON. MP*�dD 1,TIM MIKOLAJEWSKI,Assistant Secretary of Liberty Mutual Insurance Company,do hereby certify that the foregoing is a true,and correct statement of the Assets and Liabilities of said Corporation,as of December 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,this 29th day of Match,2011. Assistant Secretary 51262LMIGa 2/11 THE AMERICAN INSTITUTE OF ARCHITECTS ig AIA Document A371 Labor and Material Payment Bond TH!S BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE ONNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT BOND NO: 015035673 KNOW ALL MEN BY THESE PRESENTS: that Blew insert full name and address or legal title of Comtactorl TERRY CONTRACTING & MATERIALS, INC. 840 WEST MAIN STREET, RIVERHEAD, NY 11901 as Principal, hereinafter called Principal, and, (Here imesl(tR name and address or legal tide of Suietyl LIBERTY MUTUAL INSURANCE COMPANY 1200 MACARTHUR BLVD., MAHWAH, NJ 07430 as Surety, hereinafter called Surety, are held and firmly bound unto TOWN OF SOUTHOLD Mese insert lull name and address or legal tide of Owner) SOUTHOLD TOWN HALL P.O. BOX 1179, 53095 MAIN ROAD, SOUTHOLD,NY 11971 as Obligee. hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount Of"*SIXTY THOUSAND NINE HUNDRED AND 00/100 DOLLARS '* (Hen insert a I'm equal to at least one-half of the comma price) Dollars IS **60,900.00** for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement datechPRIL 10,-2012 19 entered into a contract with Owner for (Here inseet fu's name. addrt,s aM description of snoleca (3)DRAINAGE RETROFIT PROJECTS AT LONG CREEK DRIVE AND LAUREL AVENUE, SOUTHOLD,NY 11971 in accordance with Drawings and Specifications prepared by Mere insert hull mine and address or legal tide of Archilecti N/A which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A711 • rERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE..N.W.,WASHINGTON.D. C.20006 3 LABOR AND MATERIAL PAYMENT BOND NOW. THEREFORE. THE CO%DITION OF THIS OBIIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined. for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shaft be void; otherwise it shall remain in full force and effect,subject,however,to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part of or certified mail; postage prepaid, in an envelope ad- water, gas, power. fight, heat oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the fast of such claimant's it being understood, however, that if any limitation em- work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling furnished bs such claimant. may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant. prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such >um or sums as may be justly due of limitation permitted by such law. claimant. and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses c) Other than in a state court of competent jurisdiction of any such suit. in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shalt be commenced hereunder situated, or in the United States District Court for the by any claimant: district in which the Project, or any part thereof, is sit- uated. and not elsewhere. al Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and notice to any two of the following: the Principal, the to the extent of any payment or payments made in good Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount for which said claim ;s made. stating with substantial of such lien be presented under and against this bond. Signed and sealed this 19TH day Of APRIL 19 2012 1�A �, ,, 1 TERRY CONTRACTING& MATERIALS, INC. //�i_ �X.B-�/_ -_ (Principal) Isiah N me"i I tinlel JAMES C. TERRY,VICE PRESIDENT LIBERTY MUTUAL INSURANCE COMPANY I fSurelyl orate �- N'rinel.l FRANK STRCICH,V.P. GLENN G. GLUBIAK, ATTORNEY-IN-FACT AIA DOCUMENT A311 • I•lxl(MMlk%C( BOND AND tABOR AND MATERIAL PAYMENT BOND • AIA A 6118RUARY 197a (1) -THE AS11 RICAN I%STITUTE Of ARCHITECTS,171S N Y.AVL,N.W.,WASHIN(,TON,D.C. 21011%, ACKNOWLEDGMENT OF CONTRACTOR/PRINCIPAL IF A CORPORATION STATE OF NEW YORK j SS.: COUNTY OF SUFFOLK ) On the 19TH day of APRIL in the year 201 I before me personally came JAMES C.TERRY to me known,who being by me duly sworn,did depose and say that he resides in EAST NORTHPORT, NY ,that he is the VICE PRESIDENT of TERRY CONTRACTING & MATERIALS, INC. .the corporation described in and which executed the above instrument;and that he signed his name thereto by authority of the board of directors of said corporation. J[NNIFERSPADARO �L Notary Public State of New York NOTARY PUBLIC No. OISP5017514 Qualified in Suffolk County CommissionE it sSEpt.7 3 ACKNOWLEDGMENT OF SURETY STATE OF NEW YORK j COUNTY OF SUFFOLK ) On the 19TH day of APRIL in the year2019 before me personally came GLENN G. GLUBIAK to me known,who,being duly sworn,did depose and say that he resides at COMMACK , NEW YORK that he the Attomey-In-Fact of LIBERTY MUTUAL INSURANCE COMPANY the corporation described in and which executed the above instrument;and that he signed his name thereto by ' of the board of directors of said corporation 1Ef!G: FERSPADARO OTARY UBLIC Notary Public State of Neev Yn-1 No. 01SP5017514 Qualified in Su{folk County Commissio E pins Sept.7 /3 BOND NO: 015035673 4270152 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint GLENN G. GLIJBIAK, JENNIFER SPADARO, DAVID A. GOLDSTEIN, ALL OF THE CITY OF SMITHTOWN, STATE OF NEWYORK........................................................................................................................................................................... ............................................................................................................................................................................................... each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,an yy and all undertakings, bonds, recognizances and other surety obliggations in the penal sum not exceeding TWO HUNDRED FIFTY MILLION AND 00y1fH1*" **`*'*" *`*"*"*"*'** DOLLARS(s 250,000,000.00"*'*****'*******`*** )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following 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 president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make, > execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such '0 w attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their a 0 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be N as binding as if signed by the president and attested by the secretary.� 5•af Cy By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: a N .0 C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby m authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute, seal, acknowledge and _ deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. W o .� That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. d W W C E IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Z m Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 3rd day of December 0 a N 2010 Q M cw `oa i LIBERTY MUTUAL INSURANCE COMPANY C 60 to E L.. Garnet W.Elliott,Assistant Secretary rn p COMMONWEALTH OF PENNSYLVANIA ss `= t c w COUNTY OF MONTGOMERY w 6 W� 0C CC On this 3rd day of December 2010 , before me, a Notary Public, personally came Garnet W. Elliott,to me known, and acknowledged 0 that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above MA E art Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. R� w 9 2 IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day antl year 0 v Cf first above written. ((. �noxw `' +�N { CJMMQNWEf.IiH OI'VENNSYI.VANIA coE h G 5 "*Ihl se N p V OF { Teresa Pas"alla.Naary PUQI•C Z V oxm Tw. nxirxx+rcwrtr.uaa By ,Wf C Mr oar iwlon E:wµ,e4 Ma,c9 ze.zw; 06 Ter sa Pastella,Notary Public 0 r L•,h A•.unlu,fm,e,A"an:e,A.ntigiilpn clkoq.Ae: CERTIFICATE f4S' iT-��(,,, F r I,the undersigned,Assistant scretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true 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 executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the 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 certified 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. IN T ONY WHEREOF,.l,l7ay�hereunto subscribed my name and affixed the corporate seal of the said company,this / day of L By _�� David M.Carey,Assigi Pit Secretary Liberty LIBERTY MUTUAL INSURANCE COMPANY MutUdlff FINANCIAL STATEMENT—DECEMBER 31,2010 Assets Liabilities Cash and Bank Deposits........................................... $ 795,278,733 Unearned Premiums.................................................. $3,502,531,059 *Bonds—U.S Government....................................... 928,976,332 Reserve for Claims and Claims Expense................. 15,450,806,243 *Other Bonds............................................................_. 12,269,586,768 Funds Held Under Reinsurance Treaties.................. 1,764,193,716 Reserve for Dividends to Policyholders................... 4,776,435 *Stocks......................................................................... 8,410,330,089 Additional Statutory Reserve.................................... 89,441,297 Real Estate.................................................................. 280,897,925 Reserve for Commissions,Taxes and Agents'Balances or Uncollected Premiums............ 2,971,477,549 Other Liabilities.................................................... 2,126,508,564 Accrued Interest and Rents....................................... 156,129,412 Total.................................................................$22,939,257,314 Special Surplus Funds..................$1,218,426,655 Other Admitted Assets.............................................. 10,888,871,535 Capital Stock................................. 10,000,000 Paid in Surplus.............................. 7,731,965,815 Unassigned Surplus...................... 4,802,898,559 Total Admitted Assets.......................................R36.701.54R.343 Surplus to Policyholders................................13,763,291,029 Total Liabilities and Surplus..................................$36.701.54R.343 INSu PO �y * Bonds are stated at amortized or investment value;Stocks at Association Market Values.c FJ =o rho wr The foregoing financial information is taken from Liberty Mutual Insurance Company's financial >- 1912 0 statement filed with the state of Massachusetts Department of Insurance. 6 q O ° D a�mj2sTON, g,P*ad 1, TIM MIKOLAJEWSKI,Assistant Secretary of Liberty Mutual Insurance Company,do hereby certify that the foregoing is a true,and correct statement of the Assets and Liabilities of said Corporation,as of December 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,this 29th day of Much,2011. i loci r IA �J R�cr'�'r� Assistant Secretary V &1262LMIGa W 1 * Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 . Primary and Non-contributory, Additional Insured and Waiver of Subrogation Policy Number: SISlEIL70052911 Effective Date: 7/31/2011 at 12:01 A.M. Named Insured: Terry Contracting & Materials, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. Commercial General Liability Coverage Form Owners and Contractors Protective Liability Coverage form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE Name of Person or Organization: AS REQUIRED IN A WRITTEN CONTRACT A. SECTION II -WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of"your work"for that insured by or for you. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage"arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of "your work" done under a written contract with the additional insured. 3. The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. OG -023 (01109) Page 7 of 2 Copyright®C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with Its permission. *Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 All other terms and conditions of this Policy remain unchanged. Signed for STARR INDEMNITY& LIABILITY COMPANY Charles H. Dangelo, President Honora M. Keane, General Counsel OG -023 (01/09) Page 2 of 2 Copyright© C.V.Starr&Company and Starr Indemnity&Llability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission.