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Home My WebLink AboutHighway Barn Roof SystemELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 14, 2012 Joseph Hoerning President S. J. Hoeming Construction, Inc 1471 Fifth Avenue Bayshore NY 11706 Dear Mr. Hoeming: At the regular Town Board meeting held on September 11, 2012, the Town Board rejected all bids for the Replacement and Reconstruction of the Highway Barn Roof System. A certified copy of the resolution is enclosed. Thank you for your bid. Very truly yours, ~ Lynda M Rudder Deputy Town Clerk Ens. rn · Complete items 1,2, and 3. Also complete Item 4 If R~b;cted Delivery Is desired. · Print your name and address on the reverse so that we can return the cerd to you. · Attach this card to the back of the mailpisce, or on the f~ont If space permits. 1 Article Add to: . [] ~gent S by Name) C. of ~very ,D. ledelk'~yaddm~dlft~m~tfmmlteml? r'l~es ff YES, s~ter dallvefy address balow: [] No [] Registered [] Retum Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Rest~-Vzed Dalfl~ ~t~a Fee) []Yes 2. Article Number ~r~om~ 7009 0820 0001 7820 9355 PS Form 381 1, Febma~/2004 D~mestlc Rett#Ti ~ 102595.02.1~.~; ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 14, 2012 Richard LoDuca President LoDuca Associates 926D Lincoln Avenue Holbrook, NY 11741 Dear Mr. LoDuca: At the regular Town Board meeting held on September 11, 2012, the Town Board rejected all bids for the Replacement and Reconstruction of the Highway Barn Roof System. A certified copy of the resolution is enclosed. Thank you for your bid. Very truly your~c~ Lynda M Rudder Deputy Town Clerk Ens. Postmark Here · Complete items 1,2, and 3. Also COmplete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: B. Received E] Agent '1 Addressee C, Date of Delivery D. Isdelive~yaddreesdJffemntfmmiteml? I'lyes If YES, en~r delivery address below: [] No 2. Article Number (/'rens~' from set v/ce/abe/) i' PS Form 3811, February 2004 7009 [] Insured Mall [] C,O.D. ~ '~ ~' 4. I:~ Deliver? ~x~a Fee) 0820 0001 7820 9379 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown, northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 14, 2012 Donald O'Hanlon President Carter-Melence, Inc PO Box 907 Sound Beach, NY 11789 Dear Mr. O'Hanlon At the regular Town Board meeting held on September 11, 2012, the Town Board rejected all bids for the Replacement and Reconstruction of the Highway Barn Roof System. A certified copy of the resolution is enclosed. Thank you for your bid. Very truly yours//~,I Lynda M Rudder Deputy Town Clerk EBS. Street, Apt. NO.; · Compiste items 1,2, end 3. Also ~omplete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailpiece, or on the front it space permits. D. Is dellve~yaddress G~..,t from Item 17 '~] Ye~ If YES, enter dell.~y addre~ bek~w: [] No r-I Re'mm Receipt for Merchandise [] O.O.D. 4. Reetrlcted Delivery? iExtm Fee) []Yes 2. Article Number p'ransfer from ~v/ce/~e0 7009 0820 0001 7820 9362 PS Form 3811, February 2004 Don'~tlc Re~urn Southold Town Board - Letter Board Meeting of September 11, 2012 RESOLUTION 2012-694 ADOPTED Item # 5.19 DOC ID: 8118A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-694 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 1!, 2012: RESOLVED that the Town Board of the Town of Southold hereby re,iects any and all bids for the furnishing of labor~ materials and equipment for the replacement and reconstruction of the Southold Highway Department Barn Roof System, 165 Peconic Lane, Peconic, NY Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Generated September 11, 2012 Page 28 C3_RTER-MELENCE INC. COlXrrRACIORS · 104 New York Avenue, P.O. Box 907, Sound Beach, 1~r 11789 (631) 744-0127 Faa: (631) 744-0528 Email: 4cmi(~,optonline.net FAX TRANSMITTAL Date: August 27, 2012 To: Town of Southold 53095 Main Road Southold, NY 11971 Attn: Mr. James A. Richter, R.A. From: Donald J. O'Hanlon ~ MESSAGE: Page 1 of 1 via fax: (631) 765- 90:~$ Re: Replacement & Reconstruction of the Highway Barn Roof System Town of Southold As being the lowest bidder, we are willing to negotiate our unit price for DA" plywood sheathing to $4.99 knowing now that the approximate quantity to be replaced will be 30% to 40%. Hoping this meets your satisfaction and we look forward to doing another project for the Town of Southold. cc: Town Clerk (631) 765-6145 fax RECEIVED AU~ 2 8 2012 $outhold Town Clerk 08/27/2012 MON 11:14 FAX CARTER-lV ,LENCE INC. CONTRACTORS FAX TRANSMITTAL 104 New York Avenue, RO, Box 907, Sound Beach, NY 11789 (631) 744-0127 Faro (631) 744-05~8 Email: 4emi~,optonline.net Date: August 27, 2012 To: Town of Southold 53095 Main Road Southold, NY 11971 Arm: Mr. James A. Richter, R.A. From: Donald J. O'Hanlon ~'/~ MESSAGE: Page 1 of l via fax: (631) 765- 90~ Re: Replacement & Reconstruction of the Highway Barn Roof System Town of Southold As being the lowest bidder, we are willing to negotiate our unit price for %" plywood sheathing to $4.99 knowing now that the approximate quantity to be replaced will be 30% to 40%. Hoping this meets your satisfaction and we look forward to doing another project for the Town of Southold. cc: Town Clerk (631) 765-6145 fax RECEIVED AUG 2 7 2012 ~outhold Town Clerl~ 23/08 '12 THU 11:28 FAX 631 765 6145 SOUTHOLD TOWN CLERK ~]001 *** TX REPORT *** TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 2281 23/08 11:27 00'34 1 OK 9680344 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS 1ViARRL~GE OFFICER RECORDS OF MA/qAGEbIENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road RO. Bnx 1179 Southold, New York 11971 Fax (681) 7~;5-6145 Telephone (631) 765-1800 southoldtown.north fork .net OFFICE OF TIlE TOWN CLERK TOWN OF SOUTHOLD BID OPENING 2012 Highway Roof Bid Opening 8/23/12 10:00 A.M. LoDuca Associates $ 49,449.00 926D Lincoln Avenue Holbrouk, NY 11741 ~: r~(~-l- 5~q % 631-567-3144 Carter-Melenee Inc PO Box 907 Sound Beach, NY 11789 631-744-0127 43,122.00 S. J. Hoerning Construction 77,000.00 1471 Filth Avenue Bay Shore, NY 11706 '~'~: qh~O3qq 631-206-1676 5.00 15.00 10.00 5.25 23.00 15.00 23/08 '12 THU 11:25 FAX 631 755 5145 SOUTHOLD TOWN CLERK ~001 *** TX REPORT *** TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 2279 23/08 11;25 00'31 1 5673371 ELIZa. BETH A, NEV~,LE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 58095 Main Road P.O. Box 1179 Soathold, NewYork 11971 Fax (63]) 765-6145 Telephone (631) 765-] 800 southoldt nwa.north I~ork_net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING 2012 Highway Roof Bid Opening 8/23/12 10:00 A.M. LoDuca Associates 926D Lincoln Avenue Holbrook, NY 11741 631-567-3144 Ca~e~MelcnceInc PO Box 907 Sound Beach, NY 11789 631-744-0127 43,122.00 ~'. ~1~-~$~ S.J. Hoerning Construction 77,000.00 1471FifthAvenue Bay Shore, NY 11706 ~ ~-O3q~ 631-206-1676 5.00 15.00 10.00 5.25 23.00 15.00 23/08 '12 THU 11:27 FAX 631 765 6145 SOUTHOLD TOWN CLERK ~001 *** TX REPORT *** TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 2280 23/08 11:26 00'31 1 OK 7440528 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER TOwn Hall, 53095 Main Road PO, Box 1179 So,,xfhold, NewYork 21971 Fax (631) 765-6145 Telephvne (631) 765~1800 southolcl £own.north £ork. net OFFICE OF THE TOWN TOWN OF SOUTHOLD BID OPENING 2012 Hi hwa Roof Bid Opening 8/23/12 10:00 A.M. LoDuca Associates $ 49,449.00 926D Lincoln Avenue Holbrook, NY 11741 U-mx; ~(~-/- 5~q I 631-567-3144 Car~er-Melencelnc PO Box 907 Sound Beach, NY 11789 631-744-0127 43,122.00 g~,~', lclq-O$3~ S. J. Hoerning Construction 77,000.00 1471 Fifth Avenue Bay Shore, NY 11706 ~X' q~O3qq 631-206-1676 5.00 15.00 10.00 5.25 23.00 15.00 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING 2012 Highway Roof Bid Opening 8/23/12 10:00 A.M. LoDuca Associates $ 49,449.00 926D Lincoln Avenue Holbrook, NY 11741 U-~¢: co(~-/. ~ ~ '1 ~ 631-567-3144 Carter-Melencelnc PO Box 907 Sound Beach, NY 11789 631-744-0127 43,122.00 g~,,~'. S. J. Hoerning Construction 77,000.00 1471 Fifth Avenue Bay Shore, NY 11706 ~¢~¥," qh~-C~3q~ 631-206-1676 5.00 5.25 15.00 23.00 10.00 15.00 PROPOSAL FORM Date: NAME of BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 RECEIVED AUG 2 3 2012 MEMBERS OF THE BOARD: $outhold Town Clerk 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 aforemehtioned 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: July 31, 2012, including bidding requirements, contract, general & special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work. and by-s~:~~. offTer means as he may nave 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 ma[edals not provided by the Town (See Specifications)and to perform all the work required to construct, perform and complete the work at: Replacement & Reconstruction of the Highway Barn Roof System Highway Department, Peconic Lane, Peconic, N.Y. 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: THIS CONTRACT SHALL INCLUDE THE DEMOLITION & REMOVAL OF THE EXISTING ROOF SYSTEM. DISPOSAL OF ALL DEBRIS GENERATED BY THIS PROJECT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. THIS CONTRACT SHALL INCLUDE THE INSTALLATION OF A NEW ROOF SYSTEM IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (wrfften tn words) /'~/'/.~-¥ /,.~j~,-,~ ~O~-x~ Highway Bam Roof Specification (written in numbers) D-1 PROPOSAL FORM Cont. THIS CONTRACTOR SHALL PROVIDE A UNIT COST FOR THE REPLACEMENT OF SHEATHING AS NEEDED OR REQUIRED. ALL SHEATHING TO BE REPLACED SHALL BE APPROVED BY THE TOWN PRIOR TO COMENCEMENT OF WORK AND SHALL BE COMPLETED FOR THE STIPULATED "UNIT PRICE" OF: Replacement of 1/2" Plywood Sheathing: (written in words) Unit Price Per Sq. Ft. (written in numbers) Unit Price Per Sq. Replacement of 3/4" Plywood Sheathing: (written in words) Unit Price Per Sq. FL (written in numbers) Unit Price Per Sq. Ft. And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the propo.~a!~ '!hat he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a pedod of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time pedod. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: "(If any)" Signature of Bidder: Telephone Number: Date: Bidders Address: Highway Barn Roof Specification D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: Certifies that: BIDDER'S CERTIFICATION (Bidder) 1. It intends to use the following listed construction trades in the work under the contract ; and, A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: - * ; and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. ~ntative of Bidder) Richard LoDuca, President Highway Barn Roof Specification E-1 I~[OJ~-DIS C RI M INATIO N CLAUSEs._ During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national odgin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national odgin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national odgin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of- co~-~perlsation, 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 wdting, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without dischmination because of race, creed, color, or national origin. Highway Barn Roof Specification F-1 The Contractor will comply with the prevision of Sections 291-229 of the E×emlfivP_ I ~w and the Civil Rights Law, will fumish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the OwnedContracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a vedfied complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against 9n~,~ additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, matedal equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the previsions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, including sanctions or remedies for non-compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Highway Bam Roof Specification F-2 ~TA_TEMENTJD F NQ~N (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fora district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscdbed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding cediflcation. A. By submission of this bid, each bidder and each pemon signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the pdces which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder pdor to opening, directly or indirectly, to any other bidder or to any cempelitor. (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 folly informed himself regarding the accuracy of the statements contained in this certification; and under the statements contained in this certffication, and under the penalties of perjury, affirms the truth thereof, such penalties being appticable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a ce~fied copy of resolution authedzing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Replacement & Reconstruction of the Highway Barn Roof System Town Highway Department, Peconic Lane, Peconic, N.Y. 11958 be and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred~ three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New Yo~, 1965 Ch. 75t, Sec. 1934. as amended & effective on September t, 1965. dayof _//~t~/..~ F- .20 Highway Barn Roof Specification G-1 Bid Bond CONTRACTOR: ~'¢m~. legtrl,,~latt~,,~ a.d LoDuca Associates, Inc. 926D Lincoln Avenue Holbrook, NY 11741 OWNER: (lqm~. I~M staft~ altd Town of Southold 53095 Main Road Southold, NY 11971 Document A310TM - 2010 Conforms with The American Institute of Amhltects AIA Document 310 SURETY: .~'ame, legal mant:~ toM p~.cilml place of hm:ine.~s) Endurance American insurance Company 767 Third Avenue, 5th Floor NewYork, NY 10017 Mailing Address for Notices This document has Impanant legal consequences. Consu)tatioo with an attorney is encouraged with respect to Its completion or Any singular reference to Contractor, Surety, Owner or other paW shall be considered plural where applicable. BOND AMOUNT: $ 5% Five Percent of Amount Bid PROJECT: (.Vm~r~, location or addra~ a~M.ProJ¢ct nmnbar, Ifa.),) Replace & Reconstruction of the Highway Barn Roof System, Peconic, NY. The Contractor and Sum~' am bound to the Owner in the amount se! forth above, for the payment of which the Contractor and Sure~' bind themsalvas, tl~ir hairs, oxucutors, administatoa, succ~saors and assigns, joinrly and gvcally, as provided her~in. Tho condirioas cf this Bond are such that if thc Owner accepts the bid of the Contractor within the time spaaified in the bid decumcn~s, or within such time period as ]aa)* be agreed to by the O~'nter and Coulrector. and the Contractor either (l) eaten lute a contact with the Owner in accordance with thc temps of such bid, and gives such bond or bonds as may be specified in the bidding or Contact Doemuents, with a surety admined in the jufisdletioc ortho Project and othemis~ acceptable to the Owner, for the faithful parformanse ot'suel~ Contact end for the prompt payment of labor and material fualshed in the prosecution theroot~, or (2) pays to tho Owller the diffeauce, not to oxseed the amoant of this Bond, between the amouct specified in said bid end sech larger emcon! for which the O~ater cay in good faith contact whh another party to p~rlbrm the work covered by..aid bid, then [his obllsntioo shall be null and w~id. etherwlse to remain in full Ibae and ella:el. The Surety hereby, waives an)' uofice of an agreement between the Owner and Contester lo extsod the time in which the Owner may aecept the bid. Waiver ol'nolic~ by the Surety shall col apply to cay exteuskm exeecding .4xty (60) days in the aggregate be3nmd the time acceptance or bids .,;perilled in the bid d(x;umcot~ and the Owner end Cenlantur flail obtain the Surety's ~m.'~ot Ibr au ~.xlemloo be3'ond silly (60) day.~. If this Bond is issued in connection udth a snboontmntots bid to a Contractor, the tsmt Contractor in this Bond shall be doomed to be Subcontractor and the tens Owner shall be &creed to bo Coatrantor. When this Bond has been Ihmished to comply with a statnto~ or other legal requlmmeut in the lecafiou el'the Pn~eal, any provision in this ~md conllictlng v,~th.,mld slot ntoD' or legal requirement .shall bo de~med deleted herelYem and pmvislons e~mlbm~ing to such statutory cr other legal requirement flmll bo deemed iucoqx)ated herein. When su furnished, the inlent is that this Bond .4mil be con,,~trued Signed and sealed this 20th day of August. 2012 ali"lacs, s) LoDuca Associates, Inc. Richard LoDuca, President Endurance American Insurance Company tS, toO,) (S~*O By: ~ ~ ri3tld Rosanne Callahan Attorney4n-Fact S-00541AS 8110 ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION STATE OF NEW YORK } COUNTYOF ~.~'~L } ss: On this ~.~ day of ~-'<, ~ ~- ,20/?- , before me personally appeared ~f~~me known, who, being by me duly sworn, did depose and say that be/she resides at ~---~ ~, ~- ~' p.-J/ , that he/she is the ~/'),-'~-a~.,~~'-- of /~ ~.,.~,~/~o~ .-?~_ the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said corporation. Notary Publl~ State of New-York .... k..-(-~--~-/~'_~_.. L(.Z_L~_.~ ............. NO. 01GO6212705 ~ c,,' / " Qualified in Suffolk County Notary Public My Commislon Exp. 10/19/2013 ACKNOWLEDGMENT OF SURETY STATE OF NEW YORK } COUNTY OF NASSAU } On August 20. 2012 before me personally came Rosanne Callahan to me known who, being by me duly sworn, did depose and say that he/she resides at 255 Executive Drive, Plainview, New York 11803, that he/she is the Attorney-In-Fact of Endurance American Insurance Company the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said corporation. Notary Public Peter Henry Notary Public State of NY NO. 01HE4784829 Qualified in Nassau County Commission Expires January 31, 20:t4 - ENDURANCEAMERI(~AN iNSURANCE~OMPANy POWER OF ATTORNEY ~ ~Z~..~f~'~ ~.~ br~ .~'/'~.~f,S~ that ENDURANCE AMERICAN INSURANCE COMPANY, a Delaware ~r~ra,on {the ~o~ra~n~, .~ o~s at 767 ~ird A~e, N~w York, New Yo~ 1 ~17, ~ ma~, ~n~ ~ ~int~ a~ by ~e~ presents, d~ m~e, coyote and · ~ ,~ ,~= ~u.u~, ~ever - . ~ ~a s, e~s a · ~r ~h~ ~e~f'n exce~ ~ ~ ~m ° S~EN MILLION FIVE "UNDR~~ °' u~ng 'O ma~, ex~" ~d ~l~,' ..... o~u ~,am ($7,~,~.~). ~ ~J o~ ~ Co~m~n ~r ~y ~on of ~e~ ~m S~h ~s ~d ~ for ~id ~s, ~ du~ ~d~ ~a~)qn.f~, ~ be ~ ~ n the · ~e C°~r~n ~er ~ ~mte ~al aE~ bY ~~: ; ; ~ ~a~on ~ ~v~ · aU te~ha~ w~t ~ at 12:01 a.m. (S~ T~er ~em ~id a~s)-in-f~ b a~o~ to a~.) COMPANY ~e;~H~y~jULY, 2012~fom~aly~RONALDDl~ °~,who~i~ ~ s ' ~t (sJhe~s a VI~ R~I~ ENDURA~E AMERIC~ INSU~ ~ ~ worn, d~ ~ a ,o~er .... ~m----'~.~m~'~t' =~ .~ _ ~n~,.~~e =;.~ ......... OWN, PEN~YLVAN~ , ~=~ w~ =~eu W o~r of he · ~"~,~ ~ (s ~ ~ ~. ~ ..... ~ .... ~_~ ~o ~om of · ) s~e~ - ~m --.. -~,,~n ~: ~m~r 2, 2013 TE OF_C~L~IA ~: WHITE P~INS C~T ~IC~E om~r~ ~ ~r~ng ~y ~e~f ~ ~ o~ga~ ~er of aEo~y, a~ ~ ~e ~ ~ a t~ ~d ~r~ m~ ~ ~e o~i~l ~r ~ a,o~ ~ ~ ~ ~e ~e~; e foll~i~ am ~s ~ were a~ by ~e 8~ ~ Dir~to~ ~ t~ Co~m~on ~ ~animous w~ ~nt ~ ~ 21 a day ~ Ju~, 2011 ~ ~ r~l~s ~ ~ ~ ~ ~_ ~ in~ ~ ~ ~ au , ~~'~'re~~t ~ ~ a~ affix~ ~ ~mte ~al ~i~ - - : 3 0 ENDURANCE AMERICAN INSURANCE COMPANY Balance Sheet - Statutory - Basis December 31, 2011 Bond~ Cash and shor~.lerm inv~strnents Receivable I'or securities Total. c~h a~d invested Aganls' balancss Reinsurance recoverable on loss and loss adjustment cxp~nse payments Funds held by or deposited with reinsures companie~ Inveslment income due and accrued Other admitted fatal admilled Liabilities: Loss a~d loss adju$1mcn! expenses Reinsurance payable on paid loss and loss adjustment cxpcnse~ Unearned prcmium~ Cunent I'cdcral income luxes C~ded reinsurance prcm[umr, payable Funds held by company under reinsurance Ircatics Provision Ibr reinsurance Other liabilkico Tolal liabilities Capital and surplus: Common capital stock Gross paid in and contributed surplus Unassigned funds (surplus) Tolal capilal and surplus Total liabilities, capital and surplus 179,432,017 85.890,714 66.878,532 15,600 332,216,863 638.456.370 245,529,004 29,855,492 843,966 1~983,605 1,264,885,-100 118,206,399 357,959,790 74,918~85 1,970.833 459,204,410 7,51~151 1,898,460 7,555,876 1,029,228,204 6,000,000 351,153,297 (121.496.201) Z35,65~096 $ 1,264,885,.100 I. Wesley George Greenup. Treasurer oF Endurance American Insurance Company (the" Company") do hereby cerlJl'y that to the best al'my kllowlcdge and belief, the roregoin8 is a full and true Statutory Statement o£Admitted Assets. Liabilities. Capital and Surplus ol'~hc Company aa o1' Dcccmbcr 3 I. 2011 prepared in con£armhy with accounling practices prescribed or permitted by the State o1' Delaware Deparlment of Insurance. The foregoing sla~cmenl should hal bc taken n~ 3 complete statement oF IinancJal condition o£the Company. Such a stalemcnt is available upon ~cquest at ~h¢ Company's ut'rice located at 3~3 Wcstchcsler Avenue, White Plains. ~Y 10604. IN WITNESS WFIEREOF, I have hcrcunlo set my hand and a~xcd ~h¢ seal oFIhe Company at White Plains, Ncw York. PROPOSAL FORM Date: August 23, 2012 NAME of BIDDER: Carter-Melence, Inc. P.O. Box 907 Sound Beachr NY 11789 RECEIVED Telephone: (631) 744-0127 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 AUG 2 3 201~ Southold Town Clerk 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: July 31, 2012, including bidding requirements, contract, general & special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish ali materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: Replacement & Reconstruction of the Highway Barn Roof System Highway Department, Peconic Lane, Peconic, N.Y. 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: THIS CONTRACT SHALL INCLUDE THE DEMOLITION & REMOVAL OF THE EXISTING ROOF SYSTEM. DISPOSAL OF ALL DEBRIS GENERATED BY THIS PROJECT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. THIS CONTRACT SHALL INCLUDE THE INSTALLATION OF A NEW' ROOF SYSTEM IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: Forty-Three Thousand One Hundred Twenty-Two Dollars$ 43,122.00 (written in words) (written in numbers) Highway Barn Roof Specification D-1 PROPOSAL FORM Cont. THIS CONTRACTOR SHALL PROVIDE A UNIT COST FOR THE REPLACEMENT OF SHEATHING AS NEEDED OR REQUIRED. ALL SHEATHING TO BE REPLACED SHALL BE APPROVED BY THE TOWN PRIOR TO COMENCEMENT OF WORK AND SHALL BE COMPLETED FOR THE STIPULATED "UNIT PRICE" OF: Replacement of 1/2" Plywood Sheathing: Fifteen Dollars (written in words) O0 ..~b-~ cents $ 15.00 Unit Price Per Sq. Ft. (written in numbers) Unit Price Per Sq. Ft. Replacement of 3/4" Plywood Sheathing: 00 Twenty-Three Dollars lO0 $ 23.00 (written in words) Unit Price Per Sq. Ft. (written in numbers) Unit Price Per Sq. Ft. 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 pedod. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: "(If any)" Signature of Bidder: Telephone Number: (631) 744-0127 Bidders Address: ~er-Mele~ce, Tnc. P.O. Box 907 Sound Beach, NY 11789 Date: August 23, 2012 Highway Barn Roof Specification D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: Car ter-Melence, Inc. (Bidder) 1. It intends to use the following listed construction trades in the work under the contract Laborer, Roofer ; and, A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: Laborer & P~ofer ; 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 minodty man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: As Li~ A~ve ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. Ii}o'- (Sigh~'~ure of ~,uthodzed Representative of Bidder) nald J. O'Hanlon, President of Carter-Melence, Inc. Highway Barn Roof Specification E-1 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national odgin, and will rake affirmative action to insure that they am afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in wdtlng, 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, pdor to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Highway Bam Roof Specification F-1 The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by ~h9 Commission for Human Rights under these non-discrimination clauses as such + ,;tions of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a vedfied complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise ~ ovided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the previsions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, including sanctions or remedies for non-compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Highway Barn Roof Specification F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or pmpesal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or sen/ices performed or to be performed or goods sold or to be cold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The pdces in this bid have been 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 othen,vise required by law, the pdces which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder pdor to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or prepesal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certitication, 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 behaff. 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 authorized to sigr Lo, on, r (Na[~"e-o~lgnatow) I (Name of Corporation) and submit the bid or proposal of this corporation for the following Project: Rep[ cement & Reconstruction of the Highway Barn Roof System Town Highway Department, Peconic Lane, Peconic, N.Y. 11958 be 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 23rd day of August ,2012 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. t03-d, as amended & effective on September 1, t965. Signature Carmel O'Hanlon, gecretary Highway Bam Roof Specification G-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we CARTER-MELENCE, INC. 104 New York Ave. Sound Beach, NY 11789 as Principal, hereinafter called the Principal, and International Fidelity Insurance Company One River~ront Plaza, Suite 920 Newark, NJ 07102 a corporation duly organized under the laws of the State of NJ as Surety, hereinafter called the Surety, are held and firmly bound unto Town Of Southold 53095 Main Street Southold, NY 11971 as Oblige, hereinafter called the Oblige, in the sum of Five Percent of Amount Bid .............. (5.00%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Replacement & Reconstruction of the Highway Barn Roof System NOW, THEREFORE, if the Oblige shall accept the bid of the Principal and the Principal shall enter into a Contract with the Oblige 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 fumished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Oblige 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 fome and effect. Signed and sealed this 23rd day of August 2012 (Witness) CARTER-MELENCE~ INC. (Title) ]~[c~ ,.7. O' ~[~ ~es~nt International Fidelity Insurance Company (Ti~) Edmun~-J. ~fl~rg~ssi, At~rney-in-Fact (Seal) (Seal) ACKNOWLEDGEMENT OF PRINCIPAL, IF A CORPORATION STATE OF New York )ss: COUNTY OF Suffolk ) On the ~ day of~ in the year 2012, before me personally came Donald J. O'Hanlon to me known, who, being by me duly sworn, did depose and say that (-s-)he resides at Miller Place, Now York that he/she is the ~ of CARTER-MELENCE, INC., the corporation described in and which executed the above instrument; and that hcT~h,, signed her/h/s name thereto by order of the Board of Directors of said corporation. ~,~ary C. Michne N~,~t~ry /':~ :;c, State of NewYork Notary Public /TF/g4z//tj]q~/~ i!c. 4-978717 ~ / t Ouali i..~ in Suffolk Counb/ Commie,.ion Expires 0~111~ I~ ACKNOWLEDGEMENT OF PRINCIPAL, IF A PARTNERSHII' STATE OF ) ss: COUNTY OF ) On the day of in the year , before me personally came to me known and known to me to be a member of the firm described in and who executed the foregoing instrument, and he/she duly acknowledged to me that he/she executed the same for and in behalf of said finn for the uses and purpose mentioned therein. Notary Public ACKNOWLEDGEMENT OF PRINCIPAL, IF AN INDIVIDUAL STATE OF ) ss: COUNTY OF ) On the day of in thc year , before me personally came to me known and known to me to be the person described in and who executed the foregoing instrument, and he/she duly acknowledged to me that he/she executed the same. Notary Public ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK ) COUNTY OF WESTCHESTER) ss; On the 23rd day of August in the year 2012, before me personally came Edmund J. Bergassi to me known, who, being by me duly sworn, did depose and say that he/she resides at New Rochelle, NY, that he/she is the Attorney-in-Fact of International Fidelity Insurance Company, the corporation described in and which executed the above instrument; and that he/she signed her/his name thereto by order of the Board of Directors of said corporation. / '- Np~ary Public ~5 PATRICIA A MALONEY Notary Public, State of No. 01 MA6154561 Qualified In We~clte~ter County Commi. slon F.~ O~-'tober 23, 2014 INTERNATIONAL FIDELITY INSURA~',~CE COMPANY ONE NEWARK CENTER, 20TH 1~OC)1~, NEWARK, NEW JERSEY 07102-5207 STATEM'ENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT DECEMBER 31, 2011 ,~SSETS Bonds (Amorhzed Value) ............ Mortgage Loans on Rea3 Estate. 57,533,888 Cash & Bank Deposits. ' ................................ 155,200 ....................................... 104,817,510 Other Invested Assets ............... Unpaid Pre. nziums & Assumed Balances. ' ........................ 398,030 Reinsm-ance Recoverable Prom Re~surers .......................... 10,382,729 Electronic Data Processing Equipment . 1,513,768 a2?,58ti Cur~'ent Federal & Foreig-n Income Tax Recoverable& Lnterest Thereon ........... 691,915 Net Dedea~-ed Tax Assets Health Care ($ ...................................... 5,500,000 - ) and other amounts receivable .............. 139,513 Other Assets . . ............................................. -- 2,367,412 TOTAL ASSETS ................................... _ $234.075.001 LIABILITIES, surCPLUS & OTHER FUNDS Losses (Reported Losses Net ~ to Reinsurance Ceded and /ncurred But Not Reported Losses) ............................... $13,364,296 R einsur,'mce Payable on Paid Losses and Loss Adj~tstment Expenses (Sd~edu. Ie F, Part 1, Colun'm 6) Loss Adjustment Expenses. ' ......................... 502,347 ' ' ................................... 4,260,327 Contingent Co~xm~isa3ons & Other S/mfla~ Chazges ....... 5,090,164 Other Expemses (Excluding Taxes, Licenses and Fees) ................. 3,200,395 Taxes, L/cetxses & Fees (Excluding Federa/Income Tax).. 953,118 Unearned Premiums . . ' ............. ....................................... 36,507,172 Dividends Declared & Unpa3th Policyholders ....................... 500,000 Ceded Reinsurance Prem/ums Payable. F~ds~-~'2d bY Co~p~,y o~,d~ R~c~-,~dd~;'~;2~&' i j i i i j i i i j i j..... 3,809,996 1,031 Amounts Withheld by Comp,xny for Account of Others ................ 7/,654,569 Provisions for Reinsurance.. ................................... 1,043 Payable to Parent, Subsidiaries and Affiliates ....................... 169,155 Other Liabi]tiSes TOTAL LIABI~Jr~'I~jS ............................. 6,975 ............................ ~ 5140.020.58{t Common Capital Stock ....................................... $1,500,000 Gross Pa3d-/n & Contr~uted Surplus ............................. Surplus Note ....... 374,600 Unassigned F[mds (Surplus) .................. 16,000,000 77,044,997 ' Less: Yreasm3, Stock at cost (19,226 shares conuxqon) (value/ne3. $45.) ...... -. 865,185 Surplus as Regm'ds PolScyholders ................... $94,054,412 TOTAL LLABILITIES, SLFRPLUS & OTI-iER FUNDS ...... ~$234.075,000 I, Francis L. Mitterhoff, ' President of INTERNATIONAL FIDELITY INSUILa. NCE COMPANy, cea-fib/ that the foregmng is a £alr statement of Assets, L/abilities, Surplus and Other Funds of tl~s Compm~y, at the close of bus/ness, December 3I, 2011, as reflected by its book5 and records and as reported th its statement on F..ie with the Insurance Department ol the State of New Jersey. IN TESTIMONY WI-flEREOF, I have set my halad and affixed the seal BI the Company, this 240, day of February, 2012. INTERNATIONAL FID ELITY INSURANCE CONLPANY Tel (9~3) 624:72b0' ' 'POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: Tbat INTERNATIONAL FIDELITY INSURANCE COIV[PANy, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appotht EDMUND J. BERGASSI New Rochelle, NY. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory m the nature thereof, which are or may be allowed, required or permittedb~/ law, stature, role, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, sball be as binthng upon me said INTERNATIONAL FIDELITY INSU1Lad~CE COIVI~ANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE CO1VfPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attacb the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time. any such attorney-in-fact and revoke the authority given. Further this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of Apr 1, 1982 of wh ch the follow ngs a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seazshaII be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. '*'_SEAL IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COIVlPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this I6th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the prccethtw instrument to me personally known and being by me duly sworn said the he is the therein described and authorized officer of the INTERNATIONAL i~IDELITY INSUIL42NCE COMPANY that the seal affixed to sa d nstmment s the Corporate Sea of sa d Company; that the sa d Corporate Sea and h s s gnature were du y affixed by order of the Board of D rectors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal. at the City of Newark, New Jersey the day and year first above written. CERTIFICATION A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mamh. 27, 2014 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of thc Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney. with the ORIGINALS ON 1N THE HOME OFFICE OF SAID COMPANY, and that the same are correct tra~Lscripts thereof, and of the whole of the said originals, m?d that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 23rd dayof August 2012 Assistant Secretary PROPOSALFORM Date: OE'-~.,~o/p, NAME of BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL -.53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 .~', C4'o,,~e', ,,,ut,, //7~ · &(ECEIVED AUG 2 3 2012 MEMBERS OF THE BOARD: Southold Town Clerk 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: July 31, 2012, including bidding requirements, contract, general & special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied .himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: Replacement & Reconstruction of the Highway Barn Roof System Highway Department, Peconic Lane, Peconic, N.Y. 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: THIS CONTRACT SHALL INCLUDE THE DEMOLITION & REMOVAL OF THE EXISTING ROOF SYSTEM. DISPOSAL OF ALL DEBRIS GENERATED BY THIS PROJECT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. THIS CONTRACT SHALL INCLUDE THE INSTALLATION OF A NEW ROOF SYSTEM IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (wrfffen in wo~) ~ ~ c-c.rv,~ (writte~ in numbers) Highway Barn Roof Specification D-1 PROPOSAL FORM Cont. THIS CONTRACTOR SHALL PROVIDE A UNIT COST FOR THE REPLACEMENT OF SHEATHING AS NEEDED OR REQUIRED. ALE SHEATHING TO BE REPLACED SHALL BE APPROVED BY THE TOWN PRIOR TO COMENCEMENT OF WORK AND SHALL BE COMPLETED FOR THE STIPULATED "UNIT PRICE" OF: Replacement of 1/2" Plywood Sheathing: (written in words) Unit Price Per Sq. Ft. (written in numbers) Unit Price Per Sq. Ft. Replacement of 3/4" Plywood Sheathing: (written in words) Unit Price Per Sq. Ft. (written In numbers) Unit Price Per Sq. FL 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 of the following addenda: Addendum Number: ~ Dated: "(if any)" - Signatur~ _ , ~ ('~'~ Bidders of Bidder: ~~ Address: Telephone Number: ~,~/-.2..o'~, -//., 7 d~ Date: Highway Bam Roof Specification D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: Certifies that: BIDDER'S CERTIFICATION (Bidder) It intends to use the following listed construction trades in the work under the contract ; and, A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minodty man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. ~ure of Authorized'Representative of Bidder) Highway Barn Roof Specification E-1 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national odgin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national odgin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a.' through 'h." hereinafter called 'non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-Job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a.' and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Highway Bam Roof Specification F-1 E. The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. F. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made-by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a vedfied complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. G. If this Contract is canceled or terminated under clause "f.", in addition to other dghts 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, matedal 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 previsions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such previsions 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). Highway Bam Roof Specification F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or gcods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as tree under the penalties of perjury; non-collusive bidding certfficetirm. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without cellusion, 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 openlng, directly or indirectly, to any other bidder or to any cempetitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or cerporation to submit or not to submit a bid for the purpose of restricting cempetition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this ceditication, and under the statements centained in this certification, and under the penalties of perjury, affirms the troth thereof, such penalties being appliceble to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certitied cepy of resolution authorizing the execution of this certiticete by the signature of this bid or proposal on behalf of the cerporate bidder. RESOLUTION --i-It Resolved that -lo a'~e~'l'~DEn.,o,~, ofthe ;~-~.Hc~_e..~l,'~(, ~'c~S'mu.c~e~, (Name of signatory) (Name of Corporation) authorized ~o sign and submit the bid or proposal of this corporation for the following Project: Replacement & Reconstruction of the Highway Barn Roof System Town Highway Department, Peconic Lane, Peconic, N.Y. 11958 be 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 ,20 ti ; (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 75'l, Sec. t03-d, as amended & effective on September '1, 1965. ~ignature ~' ~ Highway Barn Roof Specification G-1 INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE MAILING ADDRESS ONE NEWARK CENTER, 20th FLOOR P.O. BOX 56 NEWARK, NEW JERSEY 07102 NEWARK, NEW JERSEY 201-624-7200 07101-0056 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, SJ HOERNING CONSTRUCTION, INC. 1471 FIFTH AVENUE BAY SHORE, NY 11706 as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation of the State of New Jersey, as Surety, are held and firmly bound unto TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NY 11971 in the penal sum of FIVE PERCENT OF AMOUNT BID ($5%) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this 20TH day of AUGUST, 2012. The condition of the above obligation is such that whereas the Principal has submitted to TOWN OF SOUTHOLD a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for Replacement & Reconstruction of Highway Barn Roof System. NOW~ THEREFORE, (a) If said bid shall be rejected, or in the alternate (b) If said bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto, properly completed in accordance with said bid, and shall furnish a bond for the faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid; THEN, THIS OBLIGATION SHALL BE VOID, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall in no way impaired or affected by any extension of time within which the said bid may be accepted; and the Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereto set their hands and seals, and such of them as are corporations have caused their corporate seals, to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Signed, sealed an~fli~red in the presence off ATTEST: ATTEST: SJ HOERNING CONSTRUCTION~ INC. ~ 6 INTERNATIONAL FIDELITY INSURANCE COMPANY Surety y, A ORNEY IN FACT INTERNATIONAL, FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMi~ANY ONE NEWARK CENTER. 20TH FLOOR NEWARK. NEW JERSEY 07102.5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL, FIDELITY INSURANCE COMPANY, a corpr~tJon organized and exiSting under the laws of the State of Now Jersey, and ALLEGHENY CASUALTY COMPANY a cerpomtion o~ganized and exiSting under the laws of the Stata of Pennsylvania, having their principal office in the City of Newark. Now Jersey, do hereby constitute and appoint JOHN H. TREIBER. H. CRAIG TREIBER, RICHARD GUARINI, GARY MORRtSSEY, MARY ANN MENDEZ, MILENA DINI Garden City, NY. their hue and ~ful attemey(s)-in-fact to exesut~, seal and deiNer for and an its behalf as surety, any and all bonds and undertakings, contracts of tedemnlty and o~er writings o~,igatory ~n the nature thereof, which are or may be allowed, required or _p~r~itted by law, statute, rule, regulation, COnf~act or otherWise, and the execution of such instrument(s) in pursuance of these p~'eaants, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY as ft~ly and amply, to all intents an~l purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their pdndipal offices. This Power of Affomey is executed, and may be revoked, pursuant to and by authorit~ of the By~l. aws of INTERNATIONAL FIDELITY INSURANCE COMPANy and ALLEGHENY CASUALTY COMPANY and is granted under and by author~ of the folk~wing resolution adopted by the Board of Direct..O~Sy of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July. 2010 and by the Board of Directors of ALLEGNEN CASUALTY COMPANY at a meeting duly held on the 15th day of August. 2000: ~RESOLVED~that (1)the President, Vice President. or Secretary Of the Corporation shall have the.p~., er to appoint, and to rew:A.e the appointment~ of, tto. rneys-in-l-act or ,a..?_,n. ta with power and authori~ as d, eflned or lirn~,ted in their respective ~m of atto,me.y, and.to exe, c.uta,on I~, heir of ~ C,.~qXx~.tion and affix the Coqxx~..~'0~n. s sealthereto bor}.d.s, unoertakLngs ~ecngn .~ance~, coq,~' .~. of InFlemnity a~.,d .omer wnU,en c~. lig.aUons in the Datum thereof ~ related thereto; ~nd (2).any suc~... Officer~ of the CorporaU.ea may a. ppomt a,nd ~'ev.0ke the ap, j:x~n~nents pf Joint .-~...~b' .~. cu~m~ans, agents for a_ _ec~a~ .ce p process,.and A~ ..orne.¥s~in-~a~ ~ authordy to exesu~, warvem @no consants On behalf of the C . .ofj.0pra,.Uon; ,and .(3) the slgna ..t~re ~ any .s~ ~ of. the Corporption and the ~Uon s. seat may be affixed by facairmle to any pr:~er of attorney or..ceCil_ ' ca. Uon gwan.mf the exequfion, of any bond. Ondedakmg. rec~}zance~ con_t~act ~f ~demnity or other y~en obligatiOn in the nature th9 .roof or mlaled th _er_ere, such s~q.a.tur~ and saais whan s9 us~l wheth~ ber.e.[o, for, e or nare?ter~ being.hereby a~opted by the Coqx~a.. ti0n as. the ?iginat s~nature of. such officer a~d the ongmal seal of the C~'p~afion. to be vahd and binding upon the Corporation w~m the same force and effect as though manually affixed. IN WITNESS WHEREOF INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these oreseniS on th s 12th day of March, 2012. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vice ProsMent/Chief O!~eral~ng Officer (thtemational Fidaiity Insurance C _on3pony) and President (.AJle~hany Casualty C;oml~ny) On this 12th day of March 2012, ~e me carce the ndividuai who executed the preceding instrument to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY NSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals afl. ed to said fnsb'ument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the ~eards of Directors of said Compames, IN TESTIMONY WHEREOF I have hereunto set rn, y hand affixed my Official Seal. at the City of Newark. New Jersey the day and year first above writted. A NOTARY PUBUC OF NEW JERSEY My Commission Expires Mar. 27, 2014 CERTIFICATION I the undersigned officer of iNTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify thai I have compared the foregoing copy of the Power of Attorney and aff~lavit, and the copy of the Sections of the By-Laws of said Companies as set for~ in said Power of Attorney. with the edginais ea file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in tull force and effect. IN TESTIMONY WHEREOF, I have hereunto setmy hand this ~.o ~lay of .~ u ~'~/ '~,.~t~ ~ INTERNATIONAL FIDELITY INSURANCE COMPANY. ONE NEWARK CENTER, 20TM FLOOR, NEWARK, NEW JERSEY 07102-5207 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT JUNE 30, 2011 Bonds (Amortized Value) ................................... Common Stocks (Market Value) ............................. Mortgage Loans on Real Estate .............................. Cash & Rank Deposits .................................... Other Invested Aesets .................................... Unpaid Prerrdum~ & Assu~. ed Balances ....................... Reinsurance Recoverable from Reinsurers ...................... Electronic Data Processing Equipment ........................ Inveslment Income Due and Accrued ......................... Cam'ent Federal & Foreign Income Tax Recoverable& Interest Thereon... Net Deferred Tax Assets ................................... Receivables h'om Parent, Subsldlar~.s and A ffiliatss .............. I-Ienith Care and Other Amounts Receivables .................... Other Assets ............................................ $12,97),017 82,784,361 1,831,950 96~14~661 417,094 12,449,932 4,375,155 341,397 232,051 511,088 5,2OO,000 783,658 500,O0O 2,375,043 TOTAL ASSETS ................................. [~221.089.407 LIABILITIES, SURPLUS & OTHER FUNDS Losses (Reported Looses Net es to Reinsurance Ceded and Incurred But Not Repo~ted Losses) ............................ $12,290,109 Loas Ad'p~stmant Expense~ .................................. 4,278,356 Con~ngant Commissions & Other Similar Charges ................ 4,036,972 Other Expenses (Excluding Taxes, Licenses and Fees) .............. 2,988,263 Taxes, Licenses & Fees (Excluding Federal Income Tax) ............. 852,430 Unearaed Premiums ...................................... 35,282,067 Dividends Declared & Unpaid: Policyholders .................... 500,000 Ceded Reinsurance Premimm Payable ......................... 3,836,652 Funds Held by Company under Reinsurance Treaties .............. 1,031 Amounts Withheld by Company for Account of Others ............. 65,428,984 Provisions for Reinsurance ................................. 1,043 Payable to Parent, Subsidiaries and Affiliates ................... ~5,t74 Other Liabililies .......... : ............................. 6,475 TOTAL LIABILITIES ......................... $129.267,556 Common Capital Stock ................................... $'1,500,000 Gross Paid-in & Con~ibuted Surplus ......................... 374,600 Surplus Note ........................................... 16,000,000 Unassigned Funds (Surplus) ............................... 74,850,508 Less: Treesury Stock at cost (20,072 si~ares coramm0 (value ind. $45.)... 903,255 Surplus as Regm'ds Policyholders ................. $91,821,853 TOTAL LIABILI 1 LbS, SLrRPLL1S & OTFLER FUNDS .... ~ I, Francis L. Mtrte~hoff, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the dose of business, lune 30, 2011, as reflected by its boolcq and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of the Company, this llm day of August, 2011. INTERNATIONAL HDELITY INSURANCE COMPANY SURETY ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NASSAU SS: On this 20TH day of August in the year 2012, before me pemonally came GARY MORRISSEY to me known, who being by me duly sworn, did depose and say that he resides in CHESNUT RIDGE, NEW YORK; that he is the attorney-in-fact of INTERNATIONAL FIDELITY INSURANCE COMPANY the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC STaY ANN Mt~u~--~ Notary PubliC, State of New Yor!~ NO. 01 ME5072456 Qualilied in ~s County Certificate Filed in New york Count, Commission Expires Feb. 3, ~_!~'~_ INDIVIDUAL - PRINCIPAL STATE OF COUNTY OF SS: NOTARY PUBLIC On this __ day of , 20 and duly acknowledged to me that , before me. the undersigned personally came and appeared to me personally known and known to me to be the individual described in and who executed the foregoing instrument executed the same. NOTARY PUBLIC STAMP NOTARY PUBLIC CORPORATION - PRINCIPAL STATE OF,,'~,~,'/~' f SS: COUNTY OF ?r~thisC~ dayof ~ ,20,~=_,beforemecame--'~'~_~x-~.v'~.4,~/~/~---- tomeknown, who, oe~ng by me duly,~s~r.n, did d~.bse and say that he resides at that he is /z.j~_~,..~/,~ ~,b'7-- of SJ 'Hoerninq Construct~)n, Inc. . the corporation described in and which executed the foregoing instrument as principal; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC STAMP SUSAN C. WARREN Notery Public, State o~ N~w Yolk No. 01 WA6030657, Sufloll~ Coffir~ission Expires Sept, 20~ NOTARY PUBLIC PARTNERSHIP - PRINCIPAL STATE OF COUNTY OF SS: On this ___ day of ,20 , before me personally came known, and known to me to be a member of the firm of he executed the same for the uses and purposes therein mentioned, to me personally and he duly acknowledged to me that NOTARY PUBLIC STAMP NOTARY PUBLIC #10805 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successfully commencing on the 9t._~h day of August, 2012. .~'~c<...~-- ~ Principal Clerk Sworn to before me this day of v ' 2012. LEGAL NOTICE N~TIcE TO BIDDERS NOq?ICE IS HEREBY GIVEN, in ac- cordance with the provisions of Section 10:3 of the General Municipal Law, that sealed bids are sought by the Town of gouthold for the fogowing: PROJEC~f: Replacement and Reex3n struction of the Highway Barn Roof System Southold Town Highway Depaament~ Peconic Lane, Peconic NY 11958 Ihe Town Board of the Town of Southold will r~eive bids for furnishing all materials, labor and equipment as specified in the bid documents for the supply and the new High- way Barn Roof System, all in accordance with the Drawings & Specifications pre- pared by James A. Richter, RA and Dated July 31,2012. Bids will be received at the office of the Southold Town Clerk, Soutfiold Town Hag, 53095 Main Road, Southold, New York 11971, until 10:00 AM, August 23, 2012. A fee of ten dollars ($ 10.IX)), cash or check, mede payable to the Town of Southold will be required for one (1) copy of the Con- tract Documents~There are no refunds. The Town of Southold reserves the right to waive any in~ormalitie~ and to reject any or afl bids, mad to retake bids for 45 days from the date of receipt. ~le CONTRACTOR SHALL NOT withdraw bis bid during this period. Bid Security in the form of a certified check or Bid Bond in the anaount of 5% of the Base Bid will be requffed of each bid- der. performance bonds in the amount of 100% of the contract price shall bo requffed of the successful bidder. Dated: July 31,2012 BY ORDER OFTHE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk CHRISTINA VOLINSK! NOTARY PUBLIC.STATE OF NEW YORK No. 01V06105050 OUOllflecl tn Suffolk County My Comrntlx)on ~xpltel Fobt'uarg 28, ~016 10,805-1T 8/9 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL To: Bid Services From: Linda Cooper, Deputy Town Clerk Dated: August 2, 2012 Re: Bids for Replacement & Reconstruction of Highway Barn Roof Number of Pages (including cover): 2 If total transmittal is not received, please call 631-765-1800. COMMENTS: LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 10:3 of the General Municipal Law, that sealed bids are sought by the Town of Southold for the following: PROJECT: Replacement and Reconstruction of the Highway Barn Roof System Southold Town Highway Department, Peconic Lane, Peconic NY 11958 The Town Board of the Town of Southold will receive bids for fumishing all materials, labor and equipment as specified in the bid documents for the supply and the new Highway Bam Roof System, all in accordance with the Drawings & Specifications prepared by James A. Richter, RA and Dated July 31,2012. 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, August 23, 2012. A fee of ten dollars ($ 10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. The Town of Southold reserves the fight to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance bonds in the amount of 100% of the contract price shall be required of the successful bidder. Dated: July 31,2012 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Page I of 1 Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Thursday, August 02, 2012 12:02 PM To: Cooper, Linda Subject: RE: Legal notice of bid for Hwy roof Hi Linda, I have received the notice and we are §ood to go for the 9th. Thanks and have a great day! Candice From: Cooper, Linda [mailto:Linda. Cooper@town.southold.ny.us] Sent: Thursday, August 02, 2012 11:50 AH To: tr-legals Subject: Legal notice of bid for Hwy roof Hi, Hope all is well with you. Please confirm receipt of this legal notice for the August 9, 2012 edition of the Suffolk Times. Thanks and take care, Icoop 8/2/2012 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Thursday, August 02, 2012 11:51 AM To: Reisenberg, Lloyd Subject: Hwy Barn Roof Legal notice Attachments: Hwy Barn Roof. doc When you get a chance, please post the attached legal notice to bidders on the web site. Merci beaucoup! Icoop 8/2/2012 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 10:3 of the General Municipal Law, that sealed bids are sought by the Town of Southold for the following: PROJECT: Replacement and Reconstruction of the Highway Barn Roof System Southold Town Highway Department, Peconic Lane, Peconic NY 11958 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 the new Highway Barn Roof System, all in accordance with the Drawings & Specifications prepared by James A. Richter, RA and Dated July 31, 2012. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, tmtil 10:00 AM, August 23, 2012. A fee of ten dollars ($ 10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance bonds in the amount of 100% of the contract price shall be required of the successful bidder. Dated: July 31, 2012 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON August 9, 2012 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Dodge Reports Town Clerk's Bulletin Bd Town Board Members Brown's Letters Town Web Site Town Attomey Burrelle's Information Services DPW/Eng. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the a2,~n, day of/)~G- 2012, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Roof for Highway Barn Sworn before me this -.9 day of ~ ,2012. / ~c~tar'~ Pub(ic " L~NDA J COOPER NOTARY PUBLIC, State of New York NO. 01CO4822563,DecemberSUff°lk31 Cou:;ty Term Expires ' 20--/"r ~_.J?izabeth A. Neville Southold Town Clerk Invitation to Bid BepllCelellt & Becoaslmetlee cf tile Highway Barn Roof System _Southol~d Town Highwa_~__~y Maintenance Facilit PECONIC LANE PECONIC, NEW YORK 11958 Date: July 31, 2012 SOUTHOLD TOWN ENGINEERING DEPARTMENT SOUTHOLD TOWN HALL, 53095 MA]~ ROAD, SODTHOLD PROJECT DESCRIPTION REPLACEMENT & RECONSTRUCTION of the Highway Barn Roof System Located at Highway Department, Peconic Lane, Peconic, New York 11958 This Project includes the replacement & reconstruction of the existing roof system at the Highway Barn. This will include both asphalt roof shingles as well as the existing fiat roof section. Existing condition site inspections will be required of all bidders. All quantities for roofing materials shall be the responsibility of the contractor. Contractor shall be responsible for all demolition work and the disposal of all debris generated by the construction of the new roof system. Contractor shall be responsible for all safeguards required to maintain safe access to the facility at all times during construction. 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 53095 Main Road Southold, New York 11971 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. Highway Barn Roof Specification INVITATION TO BID PROJECT: Replacement & Reconstruction of the Highway Barn Roof System Southold Highway Department, Peconic Lane, Peconic, N.Y. 11958 The Town Board of the Town of Southold will receive bids for fumishing all Labor, Materials and Equipment as specified in the bid documents for the New Highway Barn Roof in accordance with the Drawings & Specifications prepared by: James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 23 , Auqust 2012. Day Month Year All specifications are provided herein: drawings to be attached. A fee of ten dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any 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. Please advise if you intend to bid or not. Dated: July 31,2012 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Highway Bam Roof Specification A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. 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. 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 notif7 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. 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 pealed 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. Highway Barn Roof Specification B-1 F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's wdften request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. 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 thirty (30) wOrking days. END OF SECTION Highway Barn Roof Specification B-2 INDEX TO SPECIFICATIONS Project Description BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form N.Y.S. Affirmative Action Certification Non-Discrimination Clause Statement of Non-Collusion GENERAL CONDITIONS A- 1 through A- 1 B- 1 through B-2 C- 1 through C- 1 D- 1 through D-2 E- 1 through E- 1 F- 1 through F-2 G- 1 through G- 1 AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Payroll Certification forms Compliance with the Labor Law & Other Dept. of Labor Regulations PROJECT SPECIFICATIONS - GENERAL REQUIREMENTS AIA Document # A201 H-1 through H -2 I - 1 through I - 1 J -1 through J -X K -1 through K -2 L-1 through L -8 Summary of Work Construction Facilities & Temporary Controls Substitutions DisPosal CONSTRUCTION SPECIFICATIONS Page 1 Page 2 Page 2 Page 2 Thermal & Moisture Protection - General: Products Page 4 through Page3 Page12 Index to .' DRAWINGS Highway Barn Schematic Roof Plan Drawing # R-1 Highway Barn Roof Specification Page C-1 PROPOSALFORM Date: NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: July 31, 2012, including bidding requirements, contract, general & spedal conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to fumish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: Replacement & Reconstruction of the Highway Barn Roof System Highway Department, Peconic Lane, Peconic, N.Y. 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: THIS CONTRACT SHALL INCLUDE THE DEMOLITION & REMOVAL OF THE EXISTING ROOF SYSTEM. DISPOSAL OF ALL DEBRIS GENERATED BY THIS PROJECT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. THIS CONTRACT SHALL INCLUDE THE INSTALLATION OF A NE'-'VV ROOF SYSTEM IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words} Highway Barn Roof Specification (written in numbers) D-1 PROPOSAL FORM Cont. THIS CONTRACTOR SHALL PROVIDE A UNIT COST FOR THE REPLACEMENT OF SHEATHING AS NEEDED OR REQUIRED. ALL SHEATHING TO BE REPLACED SHALL BE APPROVED BY THE TOWN PRIOR TO COMENCEMENT OF WORK AND SHALL BE COMPLETED FOR THE STIPULATED "UNIT PRICE" OF: Replacement of 1/2" Plywood Sheathing: (written in words) Unit Price Per Sq. Ft. Replacement of 3/4" Plywood Sheathing: (written in numbers) Unit Price Per Sq. Ft. (written in words) Unit Price Per Sq. Ft, (written in numbers) Unit Price Per Sq. Ft. 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 pedod. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: "(If any)" Signature of Bidder: Bidders Address: Telephone Number: Date: Highway Bam Roof Specification D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract ; and, A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) Highway Bam Roof Specification E-1 NON-DISCRIMINATION CLAUSE Dudng the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national odgin, and will rake affirmative action to insure that they am afforded equal employment opportunities without discrimination because of race, creed, color, or national odgin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or othenNise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national odgin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be 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 wdting, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the prevision of clauses "a." and "b." and such previsions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Highway Barn Roof Specification F-1 E. The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these 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 previsions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a vedfied complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. G. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, matedal equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. H. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, including sanctions or remedies for non-compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Highway Bam Roof Specification F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a potitical subdivision of the State of any public department, agency, or official thereof or to a fore disthct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The pdcos in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such pdces with any other bidder or any competitor. (2) Unless otherwise required by law, the pdces which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder pdor to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of the (Name of signatol~j) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Replacement & Reconstruction of the Highway Barn Roof System Town Highway Department, Peconic Lane, Peconic, N.Y. 1'1958 be and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred- three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,20~__ (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September t, 1965. Highway Barn Roof Specification Signature G-1 T E R I C ^ N I N $ T I T U T E 0 F ^ R C H I T E C T S AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HA3' IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO 115 MODIFICATION TABLE OF ARTICLES t. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPA_RATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 1 1. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 191 [, 1915, 1918, 1925, 1937, 1951, 1958, 1961., 19~, 3, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 _N~ew ?(~tk Av~e~ue,..NiW, ,Wa~h~gton, D ;C.., 2.0006. Reproduction 6f the material herein or substantial quotation of its provisions without written pcrrmss~on or tne Ate~ ViOlates the copyright taws of the' United States and will be subject to legal prosecutions DOCUMENT ~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® *©1987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW,W^SHiNGTON, DC 20006 A201-1987 1 INDEX Acceptance of Nonconforming Work ......... ~9.6.6, 9.9.3, 12.3 Acceptance of Work ...... 9.66, 9.8.2, 9.9.3, 9. IO. 1,9.10.3 Access to Work 3.16,6.2.1,121 Accident Prevention ............. 4.2.3, 10 Acts and Omissions . . . 3.2.1,322, 3.32, 3.12.8, 3.18, 4.2.3, 4.3.2, Additional Inspections and Testing .... 4.2.6, 9.8.2, 12.2.1, l 3.5 Additional Time, Claims for ............. 4.3.6, 4.3.8, 4.3.9, 8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3,4,9.4,9.5 Advertisement or Invitation to Bid ................... I. 1.1 Aesthedc Effect .................. 4.Z 13, 4.5.1 Allowances ................... 3.8 Appllcatlons for Payment .. 4.2.5,7.3.7,9.2,9~3,9.4,9.5.1,9.6.3, Approvals . 24,333,35,3.10.2,3 12.41hrough 3.12.8, 3.18.3, Arbitration .......... 4.1.4, 4.3.2, 4.3.4, 4.4.4, 4.5, Architect ....................... 4.1 Afchitect, Definition o f ................... 4.1.1 Architect, Extent of Authority ..... 2.4, 3.12.6, 4.2~ 4.3.2, 4.3.6, Architect, Limitations o f Authority and Responsibility. 3.3.3,3.12.8, Architect's Additional Services and Expenses .......... 2.4,9.82, Architect's Adminlatration of the Coctract ......... 4.2,4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Approvals 2.4, 3.5.1,3.10.2, 3.12.6, 3.12.8, 3.18.3, 4.2.7 Architect's Authority to Reject Work .... 3.5.1,4.2.6, 12.1.2, 12.2. I Architect's CopTrig~, t ·. ............................. 1.3 Architect's Inspections ....... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, Architect's Instructions.. 4.2.6,4.2.7,4.2.8,4.3.'7,7.4.1, 12.1, 13.5.2 Architect's Interpretations ................ 4.2.11,4.2.12,4.3.7 Architect's On-Site Observations ..... 4.2.2, 4.2.5, 4.3.6, 9.4.2, Architect's Project Representative .................... 4.2.10 Architect's Relationship with Cont factor ....... 1.1.2,3.2.1,3.2.2, Architect's Relatiooship wlt h Subcontractors .... 1.1.2,4.2.3,4.2.4, Architect's Representations ............. 9.4.2.9.5.1,9.10.1 Architect '$ Site Visits ..... 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.l, Asbestos ....................................... lO.l Attorneys'Fees ................. 3.18.1,9.10.2, 10.14 Award of Separate Conteacts ........................... 6.1.1 Award of Subcontracts and Other Contracts for PorU;otis of the Work .............................. 5.2 ~ Definitions ' 1.1 Boiler and Machinery Insurance 11.3.2 Bonds. Lien ....... 9102 Bonds, PerformanceandPayment . 7364,9103,1139,114 Building Permit ..................... 3.7.1 Capitalization ............................... 1.4 Cer tificate o f Substantial Completion ....... 98.2 Certificates for Payment... 42.5, 429, 9.3.3, 0.4, 9.5, 9.6.1, Certificatesoftnspec0on, TestingorApproval . 31211,13.5.4 Certificatesoflnsurance 932,910.2,11 1.3 Change Ordem II 1,241,3824, 311,428,43.3, 5.2.3, Change Orders, Definition of ........ 7.2. l Changes ........................... 7.1 CHARGiteSIN THE WORK 3 11,4.2.8,7,8.3.1,93 I.l, 10.1.3 Claim, Definition of .............. 4.3.1 Claims and Die,tee ....... 4.3,44,45,6.2.5,8.3.2, Claims and Timely Assertion of Claims ...... 4.5.6 Claims for Additional Cost 4.3.6,4.3.7,43.9,6.11,10.3 Claims for Additional Time ...... 4.3.6, 4.3.8, 43.9, 8,3.2 Claims for Concealed or Unknown Conditions .... 4.3.6 Claims for Damages...3.18, 439, 6.11,6.25, 8.3.2, 9.5 1.2, 10.1.4 Claims Subject to Arbitration ..... 43.2,444, 4.5.1 Cleaning Up ........... 3.15, 6.3 Commertcement of Statutory Limitation Period .... 13.7 Commencement of the Work, Conditions Relating to .... 2.1.2, Commencement of the Work, Definition of .............. 8.1.2 Communications Facilitating Contract Administration ............. 3.9.1,4.2.4,5.2.1 COMPLETION, PAYMENTS AND .................... 9 Concealed or Unknown Conditinns .............. ( ~ . . Consent, Written .................. 1.3.1, 3.12.8, 3.14.2, 4.1.2, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ....................... 1A.4,6 Construction Change DirectiYe, Definition o f .............. 7.3.1 Construction Change Directives .... 1. t. 1,4.2.8, 7.1,7.3~ 9.3.1. I Construction Schedules, Contractor's ............ 3.10,6.1.3 Contingent Aesignment of Subcentracts ................ 5.4 ConUnulng Contract Perforrnance .................. 4.3.4 Contract, Definition of .......................... 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE ........ 4.37, 5.4.l.1,14 Contract Administration ............. 33.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to ...... 3.7.1, Contract Doct~me~ts, The ....................... 1.f, 1.2,7 Contract Documents, Copies Furnished and Use of... 1.3,2.2.5,5.3 Contract Documents, Definitinn o f ..................... 1.1.1 Contract per formance During Arbin-ation ............ 4.3.4,4.5.3 Cootract Sum ................. 3.8, 4.3.6, 4.3.7.4.4.4, 5.2~3, contract Sum, Definition of ................... 8.1 Contract Time 4.3.6, 4.38, 4.4.4, 7.2 1.3, 7.3, Cont tact Time, Definition o f 8.1.1 AIA DOCUMENT A2.01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION 2 A201-1987 AI^® * © I987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WA$HINGTON, DC 20006 CONTRACTOR ................................ 3 Contractor, Definition of ...... ..... 3.1,6.1 2 Contractor's Bid 1.I 1 Contractor's Construction Schedules ..... 3.10, 613 Contraclor's Employees ..... 332, 3.42, 381, 39, 318, 4.23, Contractor's Uabigty Insurance .... 11.1 Contractual Liability Insurance ............. Il.lA 7, 11.2.1 Coordination ~nd Correlation ........ 122, 1.2.4, 5.3.1, Copies Furnished of Drawings a~d Specifications . . 1.3, 2.25, 31 I Correction nf Work ............. 23, 24, 42 I, 9.8.2, Cnst, Definition of ......................... 73.6, 14.35 Costs 2.4, 3.2.1, 3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 438.1,5.23, Cutting and Patching ....................... 3.14,6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, Damage to the Work ..... 3.14.2, 9.9. l, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for.. 3A8,4.3.9,61.1,6.2.5,8.3.2,9.5.1.2, 10:1.4 Darnage$ for Delay .......... : ......... 6.1.1,8.33,9.51.6,9.7 Date of Commencement of thc Work, Definition of 8.1.2 Date of Substantial Completion, Definition nf ......... 8.1.3 Day, Defirdtion of .......................... 8.14 Decisions to Withhold Certification ....... 9.5, 97114.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of ........... 2.3, 2.4, 35.1.42. I, De fective Work, Definition of ................ 351 D~lays and E~ten$1on$ of Time .......... 4.3.1, 4.3.81, 4.3.~.2, Disputes ............ 4-1-4,4.3,4.4,4.5,6.2.5,6.3,73.8,9.3.1.2 Documents and Samples at the Site ............ 3.11 Drawings, Definition of .............. I. 1.5 Drawings and Specifications, Use and Ownership of. . l I.I, 13, Duty to Review Contract Documents and Field Condilions 32 Effective Date of Insurance Emergencies .................... 4.3.7, 10.3 Employe~, Contractor's .... 3.3.2, 3.4.2, 3.8 I, 3.9, 3.181, Equipment, Labor, Materials and .... I 1.3, 11.6, 34, 3.51, 382,3123,312.7,312.11,3.13,3151,427, 6.21,7.36,932,933,113, 1224, 14 ExecutionandProgrcssoftheWork 113,1.23,3.2,341, 73.9, 8.2, 8.3, 9.5, 9.9.1, 102, 142, 143 Execution, Correlation and intent of the Contract Documents ..................... 1.2, 3.71 FailureofPaymentbyContractor ........ 9.5.1.3,14212 FailureofPayment by Owner ........... 4.3.7,9:7, 1413 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ..... 42.1,42.9, 4.3.2, Financial Arrangements, Owner's ............. 22. I Fire and Extended Coverage Insurance I l 3 GENERAL PROVISIONS Governing Law 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials ..................... 10.1, 10.24 Identification o f Cont tact Documents .............. 1.21 Identification o f Subcont factors and Suppliers 521 Infom~ation and Sen~ices Required of the Owner ..... 2.1.2,2.2, Injury or Damage to Person or Property .............. 4.3.9 Inspections ................... 3.3.3,33.4, 3.7.1,4.2.2, Instructions to the Contractor .... 3.8.1,4.2.8, 5.21, 7, 12. t, 13.52 Insurance, Boiler and Machlnee/ .................. 11.3.2 Insurance, Cofltrector's Liability ................. 11.1 Insurance, Effective Date of .................. 8.22, l 1.1.2 Insurance, Loss of Use ....................... 11.3.3 Insurance, Owner's Uabl0ty ..................... 11.2 Insurance, Property ..................... 10.2.5, 11.3 Insurance, Stored Materials ................. 9.3.2, l 1.3.1.4 INSURANCE AND BONDS .......................... 11 Insurance Companies, Consent to Partial Occupancy .. 9.9. l. I 1.3.11 Insurance Companies, Settlement with ........ : ....... I 1.3.10 Intent of the Contract Documents ............... 1.2.3, 3.12.4, 4.2.6. 4.2.7, 4212, 4.2.13, 74 Interpretations, Written ............. 4.2.1 l, 4.2.12, 4.3.7 Joinder and Consolidation of Clairr~ Required .......... 4.5.6 Judgmont on Final A~ard .............. 4.5.1,4.5.4.1,4.9.7 LaBor and Mate~dB, Equipment .... I-1.3, 1.1.6, 3.4, 5.5.1,3~8.2, Labor Disputc~ .................................... 8.3.1 Laws and RegulaOons ...... 1.3, 3.6, 3.7, 3.13, 4.1.1,4.5.5, 4.5.7, Liens ........... 2.1.2, 43.2, 4.3.5.1,822, 93.3, 9.102 Limitation on Consolidation or Joinder .......... 4.5.5 Limitations, Statutesnf 4542, 12.2.6, 157 LimitationsofAuthority 331,412,421, AIA DO~X/MENT $~.01 · GENERAL CONDITIONS OI- THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION Al^® '~)1987THEAMERICANIN$TITUTEOFARCHiTECTS. 1735 NEW YORK AVENUE. NW.WASH[NGTON. DC 20006 A201-~987 3 3.17, 3.I8, 4.26, 4:27, 42.12, 62.2,942, 9.6.4, 9.104, Limitations of Time, General ..... 22 I, 2.2.4, 3.2 l, 3.7.3, 4.3.3, 434,4.3.6, 43.9, 4542,5.2.1,523,624, 734, 74, Lnss of Uce Insurance 11.3.3 Material Suppliers 1.3,1,3.12 l, 42.4, 4.26, 52. I, 931, 9.3.1.2, 9.33, 9.42, 9.6.5, 9. I0.4 MateriaLs, Hazardous IO 1, 1024 Materials, Labor, Equipment and . I 1.3, I.l 6, 34, 3.51,38.2, 73.6,9.32,93.3, 122.4, 14 Means, Methods, Techniques, Sequences and Procedures of Construction 33 I, 423, 427, 9.42 MISCELLANEOUS PROVISIONS ........ 13 Modifications, Definition of ..... I.I. 1 Mutual Responsibility .................. 6.2 No~confom~lng Work, Acceptance of ........... 12.3 Nonconforming Work, Rejection and Cot rection of 23.1, 4.35.9.5.2: 982, 12, 13.7.1.3 Notice ......... 2.3, 24, 3.21,3.2.2, 3.73, 374, 3.9, 3.128, Notice, Written ............ 2.3, 2.4, 3.9, 3128, 3.12.9, 4.3, Notice o f Testing and Inspections ......... 13.5.1, 13.5.2 Notice to Proceed ....................... 8.2.2 Notices, Permits, Fees and 2.23, 3.7, } 13, 7.3.6.4, lO.2.2 Observations, Architect's On Site ......... 4.2.2, 4.2.5, 436,942,951,9.10.1, 13.5 Observations, Contractor's 1.22, 3.2.2 Occupancy .............. 96.6, 9.8.1,9.9, Il 3.11 On-Site [nspections by the Architect 4.22, 429, 4.3.6, On*Site Observations by the Architect ..... 42.2, 42.5, 4.36, Orders, Written ........ 23, 39, 4.37, 7,8.2.2, t 1.3.9, 12.1, OWNER 2 Owner, Definition of 2.1 Owner, InformaUon and Services Required of the ...... 2.1.2, Owner's Liability Insurance ............ 11.2 Owner's Loss o f Use Insurance ......... 11.3.3 OWner's Relationship with Subcontractors l.I 2, Owner's Right to Carry Out the Work 24, i 224, 14222 Owner's Right to Clean Up 6.3 Owner's Right to PeHorm Construction and to Award Separate Contracts .......... 6.1 Owner's Right to Stop the Work 2.3, 437 Owner's Right to Suspend the Work ........... 143 Owner's Right to Terminate the Contract ......... 142 Ownership and Use of Architect's Drawings, Specifications and Other Documents ........... 1.L1,1.3, 2:25, 53 PartialOccupancyor Use ............ 9.6.6,9.9, ]1.311 Patching, Cutting and ............... 3.14,6.26 Patents, Royalties and ......................... 3.17 Payment, Applications for ................ 4.2.5, 9.2, 9.3, 9.4, Payment, Certificates for .......... 4.2.5, 4.29, 9.3.3, 9.4, 95, Payment, Failure of .................. 4.3.7,9.5.1.3, Payment, Final ...... 4.2.1, 4.2.9, 432, 43.5, 9.10, I l.l 2, Payment Bond, Performance Bond and ........... 7.3.64, Payments, Progress .............. 4.3.4, 93, 96, 983,9.103, 13.6, t42.3 PAYMENTS AND COMPLETION .......... 9, t4 Payments to Subcontractors ................ 5.4.2,951.3, PCB .................................... 10.1 Per formance Bond and Payment Bond ............... 7.3.64, Permits, Fe~sand Notices ...... 2.2.3,3.7,313,7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ........... 10 Polychlorinated Biphcnyl ........................... Product Data, Del'tuition o f ......................... 3.122 ProductDataandSamples, ShopDrawings.. 3.11.3.12,4.2.7 Progress and Completion .................. 4.2.2, 4.34, 8.2 Progress Payments : ........................ 4.34; 9.3, 9.6, 9.8.3, 9 IO.3, 13.6, 1423 Project, Definition of the ........................... 1.1.4 Project Manual, DefinRion o f the ..................... 1.1.7 Project Manuals ................................. 2.25 Project RepresentaOve~ ........................... 4.2.10 Prcperty Insurance .......................... 10.25,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and Laws ........... 1.3, 3.6, 3.7, 3.13, 4.1.1.4.5.5, Rejection of Work ........................ 3.5.1,4.2.6, 122 Releases of Waivers and Liens ........................ 9.102 Representations ........................ 1.2.2,3,5.1,3127, Representatives ............................ 2,1.1.3.1.1,3.9, Resolution of Claims and Disputes .................. 4.4,45 Responsibility for Those Per forming the Work ............ 3.3.2, Retainage ............... 9.3.1,9.6.2, 9-8.3, 9.9.1, 9,10.2, 9. IO.3 Review of Contract Documents and Field Conditions by Contractor ............ 1.2.2, 3.2, 3.7:3, 3.12.7 Review of Contractor's Submitta~ by Owner and A~chitcct ............. 3A0.1, 3.10.2. 3.11, 3.12, Review of Shop Drawings, Product Data and Samples by Contractor ........................ 3.12.5 Rights and Remedies ......... 1.[.2, 2.3, 2.4, 3.5.1, 3 15.2, 42.6, 4.3.6, 45, 53, 6 I, 63, 73 I, 83 I, 95.1, 9.7, 1025, [03, 12.22, 122.4,13.4, 14 Royalties and Patents 3.17 AIA DOCUMENT A201 · GENERAL COND[TIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDI FION 4 A201-1987 AIA® ° ~)I987THEAMEEICANINSTITUTEOFARCHITECT$, 1735 NEW YORK AVENUE, NW,WASHINGTON, DC 20006 Rules and Notices for Arbitration .............. 4.5.2 Safety of Persons and Property ........ 10.2 Safety Precautions and Programs 42.3, 42.7, 10.1 Samples, Definition of ..... 3.123 Samples, Shop Drawings, Product Data and 51 I, 3.12, 427 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3 I Schedules, Construction 310 Separate Contracls and Contractors I I 4.314.2, 424, Shop Drawings, Definition of 7 3.121 Shop Drawings, Product Data and Samples 31 I, 3.12, 4.2.7 Site, Use of 3.13,611,6.2.1 Site Visits, Arcfiitect's 422, 425, 4.2.9, 43.6, 942, 951,9.82,992.9101, 135 Special [nspectionsandTesting 426, 122 I, 135 Specifications, Definition of the 1.1.6 Statutes of Limitations 4542. 122.6, 137 Stopping the Work 23,4.37.97,10 I 2, 10.3, 141 Stored Materials 621,932, 10212, I I 314, t22.4 Subcontractor, Definitiono£ 5 I 1 SUBCONTRACTORS Subcontractors, Work by 124, 3.3.2, 312. l, 4.2.3, 5.3, 5.4 Subcontractual Relations 5.3, 54, 9.3.1.2, 9.6.2, Submittals 13.323,3.10,3.11,3.12.42.7.5.2.1,5.2.3, Subrogation, Waivers o f ...... 6.11,11.3.5,11.3.7 Substantial Completion ..... 4.2.9,43.5.2,8.1.1,8.1.3, Substantial Complelion. Definition of ............. 9.8.1 Substitution of Subcontractors 5.23, 5.2.4 Substitution of the Architect ................... 4.1.3 Substitutions o f Materials .................. 3.5.1 Sub-subcontractor, Definition of 5. t .2 Subsurface Conditions 4.36 Successors and Assigns .................. 13.2 Supervision add C~nstructiQn Procedu res ...... 1.2.4,3.3,3.4, 423, 4.34; 613, 6.24, 71.3, 7.34.8.2, 8.3.1, 10, 12, 14 Surety .... 44.1.444, 5.41.2,9.102, 910.3, 14.2.2 Surety, Consent of 991.910.2,9.103 Surveys 2.2.2,318.3 Suspension by t he Owner for Convenience ..... 14.3 SuspensionoftheWork 437, 542, 14 I 14,143 Suspension or Termination of the Contract 437, 541 I, 14 Taxes 3.6, 7364 Termination by the Contractor 14.1 Termination by the Owner for Cause 54 I 1,14.2 Tcrmina£io n O f the A£chitect 413 Termination of t fie Contractor 1422 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections . 3.3.3.426, 429~ 942, 122 l, 13.5 TIME 8 Time, Delays and Extensions of 438, 721,8.3 Time Limits, Specific .... 21.2,221,24,310,311,315.t. 4.21,4211,43,44,4.5,53,5.4,7.35,739,82.92,931, Time Limits on Claims 4.32,4.3.3,436,439,4.4,45 Title to Work ....... 932.933 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 436, 83 t. 101 Unit Prices 7 I 4, 7332 UseofDocuments 111,13.225,3127,53 Values, Schedule of 9.2, 9.31 Waiver of Claims: Final Payment 4.3.5, 45. I, 9 ~03 Waiver of Claims by the Architect 13.42 Waiver DfC{aims by the Contractor 9104, 113.7, 1342 Waiver of Claims by the Owner ..... 435.451,9.93, Waiver of Liens 9.102 WaiversofSubrogation 611. 1135. 11.37 Warranty and Warranties .......... 3.8, 4.29, Weather Delays ............... 43.8.2 When Arbitration May Be Demanded 4.5.4 Work, Definition of 1. 1.3 455, 932, 9.8.2, 9.9.1, 910.2.9103. 1012, l01.3, Written Interpretations 4.2 I 1,4.212, 43.7 Written Notice ...... 2.3.24, 3.9, 3.128, 3 l 2.9.4.3, 4.44, Written Orders 2,3, 39, 437, AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA~ * (g)Ig~TTHEAMERICANINSTITIJTEOFARCNITECTS 7.5NEWYORKAVENUE, NW WASHINGTON DC 2000~ A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Mac[ual is the volume usually' assembled for [he Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications 1.2 EXECUTION, CORRELATION AND INTENT GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, lnstroctions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor, The Architect shall, however, be entitled to perfomaance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project i~ the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagram5. 1.1.6 THE SPECIFICATIONS The Specifications arc that portion of the Contract Documents consisting of the written requirements for materials, equip- 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- merits of the Contract Documents 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results, 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings, OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of [hem and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to he used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj ects or for additions to this Project outside the scope of the AIA [~Y, JMENT A201 * GENEKAL CONDITIONS OF THE CONTP~CT FOR CONSTRUCTION * FOURTEENTH EDITION 6 A201-1987 AIAe *~I987THEAMERICANINSTITDTEOFARCHITECTS, I735NEWYORKAVENUE, NW,WASHNGTON, DC20006 Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (l) specifically defined, (2) the titles of hum bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects 1,5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words soch as "all" and "any" and arti cles such as "the" and "an," but the fact [hat a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing infumaation which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal tide to the property on which the Project is located, usually referred to as the site, and thc Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request oftbe Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless s~ch reasonable e~ddence were furnished on request prior to the execution of the Agreement, the prospective contractor would not be required to Ca.cute the Agreement or to commence the Work ] 2.2.2 The Owner shal[ furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easemems, assess ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be fiirnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those tn respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article I I (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistendy fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6. 1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period. If the contractor within such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without' prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deft- ciencies, including compensation for the Architect's additional services and expenses made necec, sary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect, If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representalive AIA DOCt/MENT A20,1 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION ^lA® °©I987THEAMERICANNSTTUTEOFARCHTECTS, 173SNEWYORKAVENUE, NW,WASHINGTON. OCa0006 A201-1987 7 3.2 REVIEW O~ CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shat/ carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect If the Con tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor mance and shall hear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methodis, techniques, sequences and procedures and for coordinating all portions of the Work under the Con tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3~2 The Contractor shall be responsible to the Owner for acts and Omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor 3.3.3 .The Contractor shall not be relieved o f obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in thc Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter mine that such portions are in proper condition to receive sub sequent Work. 3.4 LA~OR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persoBs or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. [f required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment, 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Coil- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect, 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, roles, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in 2ccordi~ace with applicable laws, statutes, ordLr~nces, building codes, and rules and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, thc Contractor shall promptly hOfL~ the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3;7.4. If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3,8.1 The Cofltractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such announts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION 8 A201-1987 ^[^* *©1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, NW,WASHINGTON, DC 20006 .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum :md not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 38.22 and (2) changes in Contractor's costs under Clause 3.823 3.9 SUPERINTENDENT 3.9,1 The Contractor shall employ a competent superinten- dent and necessary azsistants who shall be in attendance at the Project site during performance of the Work The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding ~ if given to the Con tractor. Important communications shall be confirmed in writ- ing Other communications shall be similarly confirmed on written request in each case 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work, The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare mud keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tera for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work, 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents. The purpose of their sub mittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Axchitect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Sacnples or similar submittals until the respective submit tat has been approved by the Architect Such Work shall be in accordance with approved submittals a.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Conrtactor )las determined and verified materials, field measurements and field construction criteria related thereto, or will do so, axqd has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- tcct's approval thereof 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3~12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entided to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3,13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Doc-tm~ents and shall not unreasonably encumber the site with materials or equipment. 3.14 CtlTFING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other wise altering such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the ArA DOCUMENT ~O.01 * GENERAL COND[TIONS OF THE CONTRACT FOR CONSTRUCT[ON * FOURT£ENTH EDITION AIA~3 * Q[gR7THEAMERICANlNST{TUTEOEARCHITECT$,I755NEW¥ORKAVENUE, NW,WASH[NGTON. DC 20(~ A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the prelnises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor 3.16 ACCESS TO WORK 3.16~1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shal! pay all royalties and license fees. The Contractor shafi defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct ora particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly f~rnished to the Architect, 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against daims, damages, Iossea and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or deatrucrion of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, hut only to the extent caused in whole or in part by negligent act5 or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would othersvise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, thc indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.1 8.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of(l) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, Or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4,1,2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents sha~l not be restricted, modified or extended without written consent of the Owner, Contractor and Architect Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect, 4.1.4 Disputes arising under Subparagraphs 4.12 and 4.1.3 shall be subject to arbitration 4,2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (t) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will arivise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract, 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and defidenciea in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or fOr safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibiJity as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communicarions have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall he through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Bssed on the Architect's obse~valions and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts 4.2.6 The Architect will have authority ro reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.? The Architect will review and approve or take other appropriate action upon the Contractor's submittaLs such as Shop Drawings, Product Data and SampIes, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able prompmess as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, alt of which remain the responsibility of the Contractor as required by the Contract Doct~ments. The ArchRect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifmally stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Archirect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents 4.2.10 If the Owner and Architect agree, the Architect will pro vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable prompmess and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them 4.2.12 Interpretations and decisions of the Architect wilt be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner mad Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or aasertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of tinle or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the ClaSh. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deal- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of(l) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect ha5 not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Umits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving dsc to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. Kn additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner AIA DOO. JNIENT A201 · GENEKAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH ED[T[ON ^IA® *~)I987THEAMER[CANINSTITUTEOFARCHITF~-w¢ 1735NEWYORKAVENUE, NW,WASH[NOTON, DC 20006 A201-1987 11 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Clahm including arbitration, unless othe~vise agreed in writing the ContractOr shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris lng out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If con ditions are encountered at the site which are (I) subsurface or otherwise concealed physical conditions which differ materi al/y from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which alii- fer materially from those ordinarily found to exist and generally recognized as inherent in construction aei. ivines of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions The Archi tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adiustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated irt the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter ruination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice a5 provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by thc Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for AdditiOnal Time 4.3.8.1 If the Contractor wishes to make Claim for an incr~tse in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documemed by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 Ifa Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideratiori of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Stlm or Contract Time 6r both. If there is a surety ac<t there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which rite Architect bas given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 43 and no decision has been rendered. AIA DOCUMENT A201 * GENERA[ CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION 12 A201-1987 AIA® *©I987THEAMERJCANINSTITIo]EOFARCHITECTS 17~,SNEWYORKAVENUE NW,WASHINGTON, DC .0006 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be flied with the Architect 4,5.3 Contract Per[ormance Dudng Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 43.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (I) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 432 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within smd 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro ceedings unless the decision is acceptable to all parties 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5,4. '_ as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal Or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5.5 Limitation on Consolidation or doinder. NO arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- merit and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. NO arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac tot as described in Artic{e 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. NO person or entity other than the Owner, Contractor or a separate contractor as described in .M-tide 6 shall be included as an orig- inal third party or additional third party to an arbitration whose inter~t or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration ora dispute not described therein or with a persOn or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli cable law in any court having jurisdiction thereof 4.5.6 Claims and Timely Assertion of Claims. A party who files 2 notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment 4.5.? Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof ARTICLE SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" docs not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcomractor' is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized repr~entative of the Sub-sobcomractor, 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract DOcuments or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to f~mish materials or equipment fabricated to a special design) proposed for each principal pox tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be b$ued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and respon$ively in submitting names as required, 5.2.4 The Contractor shall not change a Subcontractor, person or entity previousty selected if the Owner or Architect makes reasonable objection to such change ArA DOCOMENT ~201 · GENERAL CONDtTIONS OF THE CONTKACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N kX/, WASHINGTON O (J 2(K'~)6 A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ment% and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, bas against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor shall make ava~able to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substanti~ly similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract DOCuments in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs ca.ed by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2,4 The Contractor shall promptly remedy damage wrong fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subpaxagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6,2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the O,~aer as to the responsibifity under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just AIA DOCUMENT A201 · GENEKAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished a~ter execu- tion of the Contract, and ~vithout invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac tOE shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted, 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any, 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7,3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Acchit~ct and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi, tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. ?.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the follo,~-ing methods: .1 mutual acceptance of a lump sum propedy itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable 6xed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time, ?.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order, 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tec[ on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 73.33, the Contractor shall keep and present, in such form a~ the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 736 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, excinsive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs ofsupecvisinn and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if:any, with respect to that change. ?.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. ?.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and e×ecu tton of an appropriate Change Order. AIA DOCUMENT A20t · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® *©I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW,WASH[NGTON, DC 20006 A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contcactor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period Of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shalI not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible, 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined 8.2 PROGRESS AND COMPLETION 8.2.! Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a ceasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere print to the effective date of insurance required by Article t l to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of cocnmencement is e$tablishcd by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed pedod before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8,3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of thc Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries~ unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by othet causes which the Architect determines may Justify delay, then the Contract Tin{e shall be ex:tended by Change Order for such reachable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the Contract Documents ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9~1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the tor~l amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shMI submit to the A~chitect a schedule of values allocated to various por.rions of the Work, prepared in such form and sup- pod-ted by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used a~ a basis for reviewing the Contractor's Applica- tions for Payment 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner (Ir Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retaio~age if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.:].1.2 Such applications may not include requests for pay ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason, 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that tide to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clesx of liens, claims, secudty interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to thc Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of tile Contractor's Application for Payment, either issue to the AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION 16 A201-1987 AIA® · ©I987THEAMERiCANINSTITUTEOFARCHiTECT$. 17$SNEWYORKAVENUE NW WASH NGTON DC 2(~)(~ Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5. i. 9.4.2 The issuance ora Certificate for Payment will constitute a representation by the Architect to th~ Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor dance with the Contract Documents The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified, However, the issuance ora Certificate for Pay- ment will not be a tepresematinn that the Architect has (I) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, method.% techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac tot has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner r~quired by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amoum of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4,1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previonsly issued, to such extent as may be necessary in the Architect's opinion to protect the Owner fi-om loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat lng probable filing of such claims; .$ failure of the Contractor to make payments prop- edy to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .8 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .? persistent failure to carry out the Work in accordance with the Contract Documents 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld, 9.6 PROGRESS PAYMENTS 9.6,1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect, 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by file Conuactor and action taken thereon by the Architect and Owner on account of pot tions of the Work done by such Subcontractor 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law, 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 962, 9.63 and 96.4 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days afl-er the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonab{e costs of shut~own, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SU BSTif. NTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with th,e Contract Documents so the Owner can occupy OE utilize the Work for its intended 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agre~ to accept separately, ls substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed prompdy to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AIA OOC!Jlttl:k'T A20t · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA~ ·~)I987THEAMFR[CANINSTITUTEOFARCHITECTfi1758NEWYORKAVENUE, N'sW,WASHINGTON, DC 2(R306 A201-1987 17 hated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of' Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor fur their written accep- tance of responsibilities assigned to them in such Certificate 9.9.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tialJy completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of vearranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be uru~easonabty withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of thc Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless othezwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the reqdirenaents of the Contract Documents. 9.10 FINAL COMPLETION AND:FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said f'mal Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fuR'filed. 9.10.2 Neither final payment nOr any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial resson that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. Ifa Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner .to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including ail costs and reasonable attorneys' fee5. 9,10.3 If, after Substantial Completion of the Work, final com- ple~Jon thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the A£chiteet, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been f~rnished~ the written consent of surety to payment of the balance due for that pot tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of clalrns by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Paymenc Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5 All DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION 18 A201-1987 AIA® '©IgB7THEAMERICANINSTITUTEOF^RCHITECTS, 1735NEWYORKAVENUE. NW.WASHiNGTON, DC 20006 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- raining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect iD writing The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or poiychlori- Dated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 0.1.3 The Contractor shall not be required pursuant to A~ticle 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB) 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, dzmage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itsel0 including loss of ns~ resulting therefrom, but only to the extent 'caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense ls caused in part by a party indemnified hereunder Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be at~ected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whethor in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontrac to~; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not des~o~nated for removal, relo cation or replacement in the course of constmcU4)n. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety o f persons or property or their protection from damage, inju~ or loss. 10.2.3 The Contractor shall erect and ma~nt~n, as required by existing conditions and performance of the Contract, rea. son- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 102.12 and 102.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acLs they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10213, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect, 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additiona~ compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claim$ set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone dlrecdy or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 clatms under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; AIA DOCUMENT Aa01 · GENEP,~L CONDITIONS OF THE CONTEACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * ~)I987THEAMERICANINST[TUTEOFARCHITECTS, 1735NEWYORK^VENUE, NW,WASH{NGTON. DC 2000(, A201-1987 19 .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .$ claims for damages, other than ~o the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .? claims involving contractual liability insurance appli- cable to the Contractor's ofiligatJon5 under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph I I I I shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is claims-made basis, shall be maintained without interruption payment and termination of any coverage required to be main- tained after final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph I l.l shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2, Information concerning reduction of covera~ge shall be furnished by the Contractor's information and belief. 11.2 OWNER'S UAB~LITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract, The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specigcally required by the Contract 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Proiect is located, property insurance in the amount of the initial Con~ tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents made as provided in Paragraph 9.10 or umil no person or entity other than the Owner has an insurable interest in the property required by this Paragraph l 1~3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Work l 1.3.1.1 Property insurance shall be on an all-dsk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal insured loss. Coverage for other perils shall not be required 11.3.1.2 If the Owner does not intend to purchase such prop- able costs prope~:ly attributable thereto. hies and such deductibles are identified in the Contract Docu minimum deductibles above the antounts so identified or if the riffle amounts, the Owner shall be responsible for payment of voluntary deductibles. If deductibles t~re not identified in the because of deductibles. 11.3.1.4 Unless otherwise provided in tbe Contract Docu- value established in the approval, and also portions of the Work 11.3.2 Boiler and Machinery Insurance. Thc Owner shall required by the Contract Documents or by law, which shall specifically cover such insured obiects during installation and until final acceptance by the Owner; this insurance shall include shall be named insureds. 11.3.3 Loss o! rise Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action agalns~ the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.3)~ If the Contractor requests in wfifing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof sh~ be charged to the Contractor by appropriate Change Order 20 A201-1987 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja cent to the site by property insurance under policies separate from those insuring the ProSect, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance, All separate policies shall provide this waiver of subrogation by endorsement or otherwise 11.3.6 Before ma exposure to loss may occur, the Owner shall t-fie with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain ail generally applicable conditions, defini- tions, exclnsions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor 11.3.7 Waivers of Subrogation. Thc Owner and Contracto~ waive all rights against (1) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac tOES, sub-subcontractOrs, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum elated herein. The policies shall provide such waivers of subro- garion hy endorsement or othe~vise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pa]/the insurmlce premitm~ directly or indirectly, and whether or not thc person or entity had an insurable interest in the property damaged 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee danse and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate figreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fidt~aty. The Owner shall deposit in a separate account pro~ reeds so received, which the Owner shall distribute in accor- dance with.such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall he as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order 11.3.10 '[~he Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration ls required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or nsc in accordance with Paragraph 99 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder ~ stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga tions axising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expre&sed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time 12.1.2 If a portion of the Work ha~ been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall he uncovered by the Contractor. [f such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition wzs caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the A~chitect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and irtspec- tions and compensation for the Architect's se~vice~ and expenses made necessary thereby. 12.2.2 if, within one year after the date of Substantial Comple tion of the Work or designated portion thereof, or after the date AmA DOCUMENT ~-01 · GENEP~.L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION A[A° *©IgRYTHEAMERICANINSTITUTEOFARCHITFCTS. 1735NEW¥ORKAVENUE, NX~.WASHiNGTON, DC 200~ A201-1987 21 for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract DOCuments, the Contractor shall correct it promptly after receipt of written nodce from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of tinle between Substan- tial Completion and the acnlal performance of the Work. This obligation under this Subparagraph l 2.2.2 shall survive accep- rance of the Work under the Contract and termination of the Contract. The Owner shall give such notice: promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 [f the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in acenr dance with Pazagraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time i~xed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense [f the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Azchirect's services and expenses made necessary thereby. [f such proceeds of sale do not cover costs which the Contractor should have home, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12;2.6 Nothing contained ~n this Paragraph 12.2 shall be con- Stroed to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12 2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commend:ed to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefera to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con tract Documents Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for ail obligations under the Contract 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mall to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a licnitation of duties, obligations, rigbts and £emedies otherwise imposed or available by law. 13.4.2~No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver ora right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- n_ar~ces, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the contractor shall make arrangements for such tests, in~ections and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely t~otice of when and where tests and i~spec- tions are to be made so the Architect may observe such proce- dures. The Owner shall be~r costs of tests, inspections or approvals which do not become requirements until afte~ bids are received or negotiations concluded. 13.5.2 if the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional ~esting, inspection or approval not included under Sub- paragraph 13~5.1, the Architect will, upon written authorL-,ation from the.Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT EOR CONSTRUCTION · FOURTEENTH EDITION 22 A201-1987 Al^® *©I987THEAMERICAN[NSTITUTEOFARGHITEC'F$,I735NEWYOR}<AVENUE. NW WASHINGTON. DC 20006 The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by thc Contract Documents, be secured by the Contractor and promptly delivered to thc Architect will do so promptly and, where practicable, at the normal place delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial CompleUon. As to acts or failures to act occurring prior to the relevant date of Substan tlal Completion, any applicable statute of limitations shall commence to nm and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or Pzilures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the demi Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph l 2.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 coo. stitute in the aggregate more than I O0 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and A~chitect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a pedod of 60 days through no act or fault of the Contractor or a Sul~comractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 ~'ERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or prope; materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or roles, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach ora provision of the Contract Documents, 14.2.2 xY.~en any of the above reasons exist, the Owner, upon certification By the Acchitect that sufficient cause exists to jus. AIA DOCUMENT &~01 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION A[A® .~)1987THEAMERICANINSTITUTEOEARCH[TECT$,I735NEWYORKAVENUE, NW,WASHINGTONDC 2000(* A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .l take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .l~ accept assignment of subcontracts pursuant to Para- graph 5.4; and .$ Finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2 l, the Contractor shall not be entitled to receive further payment until the Work is fmished. 1 ¢.2.4 If the unpaid balance of the Contracl Sum exceeds costs of finishing the Work, including compensation for the Arcin- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor If s~ch cosL~ exceed the unpaid balance, the Contractor shMl pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive terrmna- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion No adiustment shall be made to thc extent: .1 that performance is, was or would have been so pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. AIA DOCUMENT ~O.0~ * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION 24 A201-1987 AIA® * ~) 1987 THE AMERICAN [NSTITUTE OF ARCInTECTS, 1735 NEW YORK AVENUE. NW. WASHINGTON. D C 200U6 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE I through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) 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 State and Federal: Statutory Employer's Liability $100,000. Highway Bam Roof Specification H-1 .2 .3 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned pedod. Property Damage Liability insurance shall include Coverage for the following hazards: C (collapse), U (underground). Contractual Liability (Hold Harmless Coverage): Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: Highway Bam Roof Specification H-2 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS that for (Contractor) and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (dollars) (Owner/Contracting .~ency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: or supplements thereto. ,20 m and any admittance IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its hereto affixed and duly attested by and its corporate seal to be its this day of ,20__ Attest: Principal: Highway Bam Roof Specification I-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for Replacement & Reconstruction Highway Barn Roof System at Town Hi,qhway Department Peconic Lane Peconic, NewYork 11958 (Annex Dept. of Labor Wage Rate Information Here) Highway Barn Roof Specification J-1 N,YSDOL - Prevailing Wages (View PRC) Page 1 of 1 New York State ~partment of Labo~ Prevailing Wage unemployment career Business Worker Forms and Home Benefits Services Services Protection Publications PRC#: Unassigned Acceptance Status: Requires Attention Reference Number: 746939 Type of Contracting Agency: Town Contracting Agency Send Reply TO Town of Southold James McMahon Director, DPVV PO Box 1179 Sou~hold NY 11971 (631) 765-1283 (631) 765- 9015 Fax James. McMahon@ Town. Southold. NY.US Project Information Project Title Description of Work Contract Id No. Project Locations{s) Route No / Street Address Vigage / City Town State / Zip Nature of Project Approximate Bid Date Checked Occupation(s) Highway Dept. - Roof Install new roof shingles and sheathing, as needed on the Southold Highway Dept Barn Southold Highway Yard 165 Peconic Lane Peconic Southold NY 11958 Other Reconstruction, Maintenance, Repair or Alteration 06/15/2012 Construction (Building, Heavy & Highway, Sewer, Water, Tunnel) ~,pplica hie Counties Suffolk Andrew M. Cuomo, Govemor Town of Southold James McMahon, Director, DPW PO Box 1179 Southoid NY 11971 Colleen C. Gardner, Commissioner Schedule Year 2011 through 2012 Date Requested 05/10/2012 PRC# 2012004223 Location Project ID# Project Type Southold Highway Yard Install new root shingles and sheathing, as needed on the Southold Highway Dept. Barn PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedUle(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2011 through June 2012. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and/or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name & Title of Representative: Phone: (518) 457-5589 Fax: (518) 485-1870 W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 www.labor, state.ny.us. PW 200 PWAsk@labor. state.ny.us General Provisions of Laws Covering Workers on Article 8 Public Work Contracts Introduction The Labor Law requires public work contractors and subcontractors to pay laborers, workers, or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and supplements (fringe benefits) in the locality where the work is performed. Responsibilities of the Department of Jurisdiction A Department of Jurisdiction (Contracting Agency) includes a state department, agency, board or commission: a county, city, town or village; a school district, board of education or board of cooperative educational services; a sewer, water, fire, improvement and other district corporation; a public benefit corporation; and a public authority awarding a public work contract. The Depadment 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 contracL To facilitate compliance with this provision of the Labor Law, a copy of the Department's "Notice of Contract Award" form (PW t6) is provided with the original Prevailing Rate Schedule. The Department of Jurisdiction (Contracting Agency) is required to notify the Bureau of the completion or cancellation of any public work project. The Department's PW 200 form is provided for that purpose. Both the PW 16 and PW 200 forms are available for completion online. Hours No laborer, worker, or mechanic in the employ of a contractor or subcontractor engaged in the performance of any public work project shall be permitted to work more than eight hours in any day or more than five days in any week, except in cases of extraordinary emergency. The contractor and the Department of Jurisdiction (Contracting Agency) may apply to the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular public work project. There are very few exceptions to this rule. Complete information regarding these exceptions is available on the "4 Day / 10 Hour Work Schedule" form (PW 30R). Wages and Supplements The wages and supplements to be paid and/or provided to laborers, workers, and mechanics employed on a public work project shall be not less than those listed in the current Prevailing Rate Schedule for the locality where the work is performed. If a prime contractor on a public work project has not been provided with a Prevailing Rate Schedule, the contractor must notify the Department of Jurisdiction (Contracting Agency) who in turn must request an original Prevailing Rate Schedule form the Bureau of Public Work. Requests may be submitted by: mail to NYSDOL, Bureau of Public Work, State Office Bldg. Campus, Bldg. 12, Rm. 130, Albany, NY 12240; Fax to Bureau of Public Work (518) 485-1870; or electronically at the NYSDOL website www.labor.state.ny.us. Upon receiving the original schedule, the Department of Jurisdiction (Contracting Agency) is REQUIRED to provide complete copies to all prime contractors who in turn MUST, by law, provide copies of all applicable county schedules to each subcontractor and obtain from each subcontractor, an affidavit certifying such schedules were received. If the original schedule expired, the contractor may obtain a copy of the new annual determination from the NYSDOL website www.labor.state.ny.us. The Commissioner of Labor makes an annual determination of the prevailing rates. This determination is in effect from July 1st through June 30th of the following year. The annual determination is available on the NYSDOL website www.labor, state.ny.us. Payrolls and Payroll Records Every contractor and subcontractor MUST keep original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. Payrolls must be maintained for at teast 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 cotlect, 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 pdvate work. Payroll records include, by are not limited to time cards, work description sheets, proof that supplements were provided, cancelled payroll checks and payrolls. Failure to provide the requested information within the allotted ten (10) days will result in the withholding of up to 25% of the contract, not to exceed $100,000.00. If the contractor or subcontractor does not maintain a place of business in New York State and the amount of the contract exceeds $25,000.00, payroll records and certifications must be kept on the project worksite. The prime contractor is responsible for any underpayments of prevailing wages or supplements by any subcontractor. All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8, Section 220-a of the Labor Law. All subcontractors engaged by a public work project contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules, shall provide to such contractor a verified statement attesting that the subcontractor has received the Prevailing Rate Schedule and will pay or provide the applicable rates of wages and supplements specified therein. (See NYS Labor Laws, Article 8. Section 220-a). Determination of Prevailing Wage and Supplement Rate Updates Applicable to All Counties The wages and supplements contained in the annual determination become effective July 1st whether or not the new determination has been received by a given contractor. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Departmenrs attention immediately. It is the responsibility of the public work contractor to use the proper rates. If there is a question on the proper classification to be used, please call the district office located nearest the project. Any errors in the annual determination will be corrected and posted to the NYSDOL website on the first business day of each month. Contractors are responsible for paying these updated rates as well, retroactive to July 1st. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. To the extent possible, the Department posts rates in its possession that cover periods of time beyond the July 1st to June 30th time frame covered by a particular annual determination. Rates that extend beyond that instant time period are informafional ONLY and may be updated in future annual determinations that actually cover the then appropriate July 1st to June 30th time period. Withholding of Payments When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract shall be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b and 235.2 of the Labor Law to so notify the financial officer of the Department of Jurisdiction (Contracting Agency) that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until there is a final determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding is instituted for review of the determination of the Commissioner of Labor. The Department of Jurisdiction (Contracting Agency) shall comply with this order of the Commissioner of Labor or of the court with respect to the release of the funds so withheld. Summary of Notice Posting Requirements The current Prevailing Rate Schedule must be posted in a prominent and accessible place on the site of the public work project. The prevailing wage schedule must be encased in, or constructed of, materials capable of withstanding adverse weather conditions and be titled "PREVAILING RATE OF WAGES" in letters no smaller than two (2) inches by two (2) inches. The "Public Work Project" notice must be posted at the beginning of the performance of every public work contract, on each job site. Every employer providing workers, compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers. Compensation Board in a conspicuous place on the jobsite. Every employer subject to the NYS Human Rights Law must conspicuously post at its offices, places of employment, or employment training centers, notices furnished by the State Division of Human Rights. Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the NYS Department of Labor. Apprentices Employees cannot be paid apprentice rates unless they are individually registered in a program registered with the NYS Commissioner of Labor. The allowable ratio of apprentices to joumeyworkers in any craft classification can be no greater than the statewide building trade ratios promulgated by the Department of Labor and included with the Prevailing Rate Schedule. An employee listed on a payroll as an apprentice who is not registered as above or is performing work outside the classification of work for which the apprentice is indentured, must be paid the prevailing journeyworker's wage rate for the classification of work the employee is actually performing. NYSDOL Labor Law, Article 8, Section 220-3, require that only apprentices individually registered with the NYS Department of Labor may be paid apprenticeship rates on a public work project. No other Federal or State Agency of office registers apprentices in New York State. Persons wishing to verify the apprentice registration of any person must do so in writing by mail, to the NYSDOL Office of Employability Development / Apprenticeship Training, State Office Bldg. Campus, Bldg. 12, Albany, NY 12240 or by Fax to NYSDOL Apprenticeship Training (518) 457-7154. All requests for verification must include the name and social security number of the person for whom the information is requested. The only conclusive proof of individual apprentice registration is written verification from the NYSDOL Apprenticeship Training Albany Central office. Neither Federal nor State Apprenticeship Training offices outside of Albany can provide conclusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any person is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards, or copies of state forms is not conclusive proof of the registration of any person as an apprentice. Interest and Penalties In the event that an underpayment of wages and/or supplements is found: Interest shall be assessed at the rate then in effect as prescribed by the Superintendent of Banks pursuant to section 14-a of the Banking Law, per annum from the date of underpayment to the date restitution is made. A Civil Penalty may also be assessed, not to exceed 25% of the total of wages, supplements, and interest due. Debarment Any contractor or subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded any public work contract or subcontract with any state, municipal corporation or public body for a period of five (5) years when: Two (2) willful determinations have been rendered against that contractor or subcontractor and/or its successor within any consecutive six (6) year period. There is any willful determination that involves the falsification of payroll records or the kickback of wages or supplements. Criminal Sanctions Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) may be a felony punishable by fine or imprisonment of up to 15 years, or both. Discrimination N? ~mployee 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 odgin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates (NYS Labor Law, Article 8, Section 220--e(a)). No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex, or national origin (NYS Labor Law, Article 8, Section 220- e(b) ). The Human Rights Law also prohibits discrimination in employment because of age, marital status, or religion. There may be deducted from the amount payable to the contractor under the contract a penalty of $50.00 for each calendar day during which such person was discriminated against or int midated in violation of the provision of the contract (NYS Labor Law, Article 8, Section 2201e(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 R ghts 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 poof of workers compensat on coverage pr or 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 o[ coverage must be on form C-105.2 (Certificate of Workers' Compensation Insurance) and must name this agency as a certificate holder. If New York State coverage is added to an existing out-of-state policy, it can only be added to a policy from a company authorized to write workers' compensation coverage in this state. The coverage must be listed under item 3A of the information page. The contractor must maintain proof that subcontractors doing work covered under this contract secured and maintained a workers' compensation policy for all employees working in New York State. Every employer providing worker's compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers' Compensation Board in a conspicuous place on the jobsite. Unemployment Insurance Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the New York State Department of Labor. Andrew M. Cuorno, Govemor Town of Southold James McMahon, Director, DPW PO Box 1179 Southold NY 11971 Schedule Year Date Requested PRC# Colleen C. Gardner, Commissioner 2011 through 2012 05/1 O~2O 12 2012004223 Project ID# Project Type Southold Highway Yard Install new roof shingles and sheathing, as needed on the Southold Highway Oept, Barn Notice of Contract Award New York State Labor Law, Article 8, Section 220.3a requires that certain information regarding the awarding of public work contracts, be furnished to the Commissioner of Labor. One "Notice of Contract Award" (PW 16, which may be photocopied), MUST be completed for EACH prime contractor on the above referenced project. Upon notifying the successful bidder(s) of this contract, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. Contractor Information All information must be supplied Federal Employer Identification Number: Name: Address: City: Amount of Contract: Approximate Starting Date: Approximate Completion Date: State: Zip: Contract Type: [ ] (01) GeneraIConstruction [ ] (02) HeatingNentilation [ ] (03) Electrical [ ] (04) Plumbing [ ] (05) Other : Phone: (518) 457-5589 Fax: (518) 485-1870 W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 www.labor, state.ny.us. PW 16 PWAsk@labor. state.ny,us IMPORTANT NOTIC FOR CONTRACTORS & CONTRACTING AGENCIES Social Security Numbers on Certified Payrolls The Department of Labor is cognizant of the concerns of the potential for misuse or inadvertent disclosure of social security numbers. Identity theft is a growing problem and we are sympathetic to contractors' concerns with regard to inclusion of this information on payrolls if another identifier will suffice. For these reasons, the substitution of the use of the last four diqits of the social security number on certified payrolls submitted to contracting agencies on public work projects is now acceptable to the Department of Labor. NOTE: This change does not affect the Department's ability to request and receive the entire social security number from employers during the course of its public work / prevailing wage investigations. To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND Budget Policy & Reporting Manual B-610 Public Work Enforcement Fund effective date December 7, 2005 1. Purpose and Scope: This Item describes the Public Work Enforcement Fund (the Fund, PWEF) and its relevance to State agencies and public benefit corporations engaged in construction or reconstruction contracts, 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 ~n 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 ali construction-related ("D") contracts approved during the month, including contract amendments, and then DOL will bill agencies the appropriate assessment monthly. An agency may then make a determination if any of the billed contracts are exempt and so note on the bill submitted back to DOL. For any instance where an agency is unsure ifa contract is or is not exempt, they can call the Bureau of Public Work at the number noted below for a determination. Payment by check or journal voucher is due to DOL within thirty days from the date of the billing. DOL will verify the amounts and forward them to OSC for processing. For those contracts which are not approved or administered by the Comptroller, monthly reports and payments for deposit into the Public Work Enforcement Fund must be provided to the Administrative Finance Bureau at the DOL within 30 days of the end of each month or on a payment schedule mutually agreed upon with DOL. Reports should contain the following information: Name and billing address of State agency or public benefit corporation; State agency or public benefit corporation contact and phone number; Name and address of contractor receiving the award; Contract number and effective dates; Contract amount and PWEF assessment charge (if contract amount has been amended, reflect increase or decrease to original contract and the adjustment in the PWEF charge); and Brief description of the work to be performed under each contract. Checks and Journal Vouchers, payable to the "New York State Department of Labor" should be sent to: Department of Labor Administrative Finance Bureau-PWEF Unit Building 12, Room 464 State Office Campus Albany, NY 12240 Any questions regarding billing should be directed to NYSDOL's Administrative Finance Burean-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 t~p to $1,500 for a first offense and up to $5,000 for a second offense. The posting is included as part of this wage ~chedule. 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 Required Notice under Article 25-B of the Labor Law ATTENTION ALL EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: YOU ARE COVERED BY THE CONSTRUCTION INDUSTRY FAIR PLAY ACT The law says that you are an employee unless: · You are free from direction and control in performing your job AND · You perform work that is not part of the usual work done by the business that hired you AND · You have an independently established business Your employer cannot consider you to be an independent contractor unless all three of these facts apply to your work. IT IS AGAINST THE LAW FOR AN EMPLOYER TO MISCLASSIFY EMPLOYEES AS INDEPENDENT CONTRACTORS OR PAY EMPLOYEES OFF-THE-BOOKS. Employee rights. If you are an employee: · You are entitled to state and federal worker protections such as o unemployment benefits, if unemployed through no fault of your own, able to work, and otherwise qualified o workers' compensation benefits for on-the-job injuries o payment for wages earned, minimum wage, and overtime (under certain conditions) o prevailing wages on public work projects o the provisions of the National Labor Relations Act and o a safe work environment · It is a violation of this law for employers to retaliate against anyone who asserts their rights under the law. Retaliation subjects an employer to civil penalties, a private lawsuit or both. Independent Contractors: if you are an independent contractor: · You must pay all taxes required by New York State and Federal Law. Penalties for paying off-the-books or improperly treating employees as independent contractors: · Civil Penalty First Offense: up to $2,500 per employee. Subsequent Offense(s): up to $5,000 per employee. Criminal Penalty First Offense: Misdemeanor - up to 30 days in jail, up to a $25,000 fine and debarment from pen~orming 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.misclassifiedt'~,labor, state.n¥.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, nv. us or made available upon request by contacting the Bureau of Public Work at 518-457-5589. * In the event that the required information will not fit on the pay stub, an accompanying sheet or attachment of the information will suffice. THIS ISA: PUBLIC WORK PROJECT If you are employed on this project as a worker, laborer, or mechanic you are entitled to receive the prevailing wage and supplements rate for the classification at which you are working. Chapter 629 of the Labor Laws of 2007: These wages are set by law and must be posted at the work site. They can also be found at: www.labor, ny.gov If you feel that you have not received proper wages or benefits, please ca our nearest office.* Albany (518) 457-2744 Patchogue Binghamton (607) 721-8005 Rochester Buffalo (716) 847-7159 Syracuse Garden City (516) 228-3915 Utica New York City (212) 775-3568 White Plains Newburgh (845) 568-5156 (631) 687-4886 (585) 258-4505 (315) 428-4056 (315) 793-2314 (914) 997-9507 For New York City government agency construction projects, please contact the Office of the NYC Comptroller at (212) 669-4443, or www.comptroller, nyc.gov - click on Bureau of Labor Law. Contractor Name: Project Location: PWl01 (12.11) OSHA 10-hour Construction Safety and Health Course- S1537-A Effective July 18, 2008 This provision is an addition to the existing prevailing wage rate law, Labor Law §220, section 220-h. It requires that on all public work projects of at least $250,000.00, all laborers, workers and mechanics working on the site, be certified as having successfully completed the OSHA 1 O-hour construction safety and health course. It further requires that the advertised bids and contracts for every public work contract of at least $250,000.00, contain a provision of this requirement. NOTE: The OSHA 10 Legislation only applies to workers on a public work project that are required, under Article 8, to receive the prevailing wage. (03.12) Page 1 of 2 Where to find OSHA lO-hour Construction Course 1. NYS Departmem of Labor website for scheduled outreach training at: www.labor, state.ny, us/workerproteetion/safetyhealth/DOSH ONSITE CONSULTATION.shtm 2. OSHA Training Institute Education Centers: Rochester Institute of Technology OSHA Education Center Rochester, NY Donna Winter Fax (585) 475-6292 e-mail: dlwtpo~rit.edu (866) 385-7470 Ext. 2919 www.rit.edu/-outreach/course.php3?CourseID=54 Atlantic OSHA Training Center UMDNJ - School of Public Health Piscataway, NJ Janet Crooks Fax (732) 235-9460 e-mail: crooksie~umdni.edu (732) 235-9455 https://ophp.umdni.edu/wconnect/ShowSchedule.awp?--GROUP-AOTCON- I 0- Atlantic OSHA Training Center University at Buffalo Buffalo, New York Joe Syracuse Fax (716) 829-2806 e-mail:mailto:japs~buffalo.edu (716) 829-2125 http://www.smbs.buffalo.edu/CENTERS/trc/schedule OSHA.php Keene State College Manchester, NH Leslie Singleton e-mail: lsingletin~keene.edu (800) 449-6742 www.keene.edu/courses/prinffcourses osha.cfm 3. List of trainers and training schedules for OSHA outreach training at: www. OutreachTminers.org (03.12) 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 ora public work contract shall be certified as having completed an OSHA 10 safety training come. The clear intent of this provision is to require that all employees of public work contractors, required to be paid prevailing rates, 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 (Note: Completion cards do not have an expiration date.) · 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 a course is not sufficient proof that the course has been completed. Any questions regarding this statute may be directed to the New York State Department of Labor, Bureau of Public Work at 518-485-5696. Page 1 of 1 WICKS Reform 2008 (For all contracts advertised or solicited for bid on or after 7/1/08) Raises the threshold for public work projects subject to the Wicks Law requiring separate specifications and bidding for the plumbing, heating and electrical work. The total project's 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 !ess 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,, Ede County Medical Center Corp., NYC Solid Waste Management Facilities, and the Dormitory Authority. Reduces from 15 to 7 days the period in which contractors must pay subcontractors. IMPORTANT INFORMATION Regarding Use of Form PW30R "Employer Re~listration for Use of 4 Day/l0 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 wa§e schedule for specific details regarding their 4/10 hour day posting.) PW3OR-Notice (03.11) NYSDOL 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 (PRC#) assigned to this project · Enter the Project Name / Type (i.e. Smithtown CSD- Replacement of HS Roof) · Enter the Exact Location of Project (i.e. Smithtown HS, 143 County Route #2, Smithtown,NY; Bldgs. ! & 2) · If you are a Subcontractor, enter the name of the Prime Contractor for which you work On the Checklist of Job Classifications - o Go to pages 2 and 3 of the form o Place a checkmark in the box to the right of the Job Classification you are choosing o Mark all Job Classifications that apply ***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 Eorm: · Mail the completed PW30R form (3 pages) to: NYSDOI. Bureau of Public Work, SOBC - Bldg.12 - Rm.130, Albany, NY 12240 -OR- · Fax the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work at (518)485-:1870 PW3OR-Instructions (03.11) NYSDOL Bureau of Public Work 1 of i New York State Department of Labor Bureau of Public Work W. Averell Harriman State Office Campus Building 12 - Room 130 Albany, NewYork 12240 Phone - (518) 457-5589 Fax - (518) 485-1870 'Before completing Form PW30R check to be sure ... There is a Dispensation of Hours in place on the project. The 4 Day / 10 Hour Work Schedule applies to the Job Classifications you will be using. The 4 Day / 10 Hour Work Schedule applies to the County / Counties where the work will take place. Please Type or Print the Requested Information ~When completed ... Mail to NYSDOL Bureau of Public Work, SOBC, Bldg, 12, Rm. 130, Albany, NY 12240 Fax to NYSDQL Bureau of Public Work at (518) 485-1870 Company Name: Address: FEIN: City: Phone Number Contact Person: Fax Number: State: Email Address: Zip Code: Phone No: Fax No: Email: Project PRC#: Exact Location of Project: Project Name/Type: (If you are Subcontractor) Prime Contractor Name: County: Job Classification(s) to Work 4/7 0 Schedule: (Choose all that apply on Job Classification Checklist- Paqes 2 & 3) Do not write in any additional Classifications or Counties Name: Title: Date: PW-30R (03-12) 1 of 4 Job Classification Checklist (Place a checkmark by all classifications that will be using the 4/10 schedule) *** Do not write in any additional Classifications or Counties*** ~arpenter- Budd ng ~ 0~2 E nton Essex~ Frank[ Albany, Fulton, Greene, Montgomery, Rensselaer, .'arpenter - Building 370 ~chenectady, Schoharie ~r~nter - B~!ding 370Z2 Hamilton, Wa[[en; Wa S high, on Carpenter- Building 370Z3 Saratoga ~;~ ~a~tog~; Sa~toga Carpenter- Hea~&Highway 370/1042H/H Clinton, Essex, Franklin, Hamilton Albany, FOIt~n, ~arPente~ - Heaw&Highway 370H/H S~hoharie~ Warren wa~hi~t~ ~arpenter - Build ng 85 Livingston, Monroe, Ontario, Wayne, Wyoming ca~enter.. . - Bu ding. 281B Zayuga, Seneca Yates Carpenter - Hea~/Highway 281HH Cayuga, Seneca, Yates Carpenter~ BUJid~Rg/Heavy&Highway 280 Genesee, Niagara Orlean~ W~Omifig Carpenter - Building/Heavy&Highway 9 Erie, Cattaraugus ~peR~er- Hea~&H ghway 66h Allegany Chautauqua Ca~a~g~S Carpenter- Building 66 AHegany, Chautauqua, Ca~araugus ~arpenter- Bui ~ing 2~7 CST Co~iand; Schuyler, ~ompkJ~s Carpenter - Building 277 JLS lefferson, Lewis, St. Lawrence , Ca~p~r ~ ~ ~g 2~7 o~h Carpenter- Building 277 On Onondaga Carpenter- Hea~/Highway 277h CST Co~land, Schuyler, Tompkins ;arpenter - Hea~/Highway 277h On Onondaga PW-30R (03-12) 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*** Carpenter- Heavy/Highway 277oneidah Herkimer, Madison, Oneida .arpenter - Heavy/Hi~]hwa¥ 277h Os Oswego :Jectrician 25m ~lassau, Suffolk Cayuga, Chenango, Cortland, Herkimer, Madison, Oneida, Electrician 43 Onondaga, Oswego, Otsego, Tompkins, Wayne ~¥el ~lectr!~!an Genesee, Livingston, Monroe, Ontario, Orleans, Wayne, Electrician 86 Wyoming lectrician Lineman ~,lbany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, :hemung, Chenango, Clinton, Columbia, Cortland, Delaware, ~)utchess, 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, Oelaware, Dutchess, Greene, Orange, Putnam, Elevator Constructor 138 Rockland, Sullivan~ U stet, Westchester ^llegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, ~levator Constructor 14 Orleans, Wyoming ~.hemung Livingston, Monroe Ontado Schuyler, Seneca, Elevator Constructor 27 ~teuben, WaYne, Yates Albany, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Hamiliton, Herkimer, Montgomery, Oneida, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, Elevator Constructor 3S Washington B~oome~ Cayuga, Chenango Co~ and, De ~wa~ei Jefferson, Lewis, Madison; Oneida, Onondaga~ OsWegO Elevator Constructor 62;1 Tioga TomPki,ns PW-30R (03-12) NYSDOL Bureau of Public Work 3 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*** ~lazier Insulator - Heat & Frost 677.1 30-Syracuse ;Livingston, Monroe, Ontario, Seneca, St. Lawrence wayne, Yates Broome, Cayuga, Chemung, Chenango, Cortland, Herkimel ;, Madison, Oneida, Onondaga, Oswego, yler, Seneca, St. Lawrence, Tioga, Tompkins ~bOrers - Residential Deconstruction, Demolition Operating Engineer - Heavy& Highway ~ainter Painter Painter Painter 832H 178E Painter ~ainter Painter Sheetmetal Worker 31 4-Buf, Nia, Olean 46 ', Chemung, Genesee, Livingston, Monroe, Ontario, ~chuyler, Steuben, Wayne, Yates i~ Tioga Chemung, Schuyler, Steuben ,Otseg~ Cayuga, Herkimer, Lewis, Madison, Oneida, Onondaga, Ontario, Oswego, Seneca O , Cattaraogus, Chautauqua, Erie, Genesee, ara, Orleans, Steuben, Wyoming Livingston, Monroe, Ontario, Seneca, Wayne, Yates - Heavy&Highway 317a.hh Yates ;la, Cortland, Seneca, Steuben, Tompkins, PW-30R (03-12) NYSDOL 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 Publis'l~ed on May 01 20 2 PRC Number 2012004223 Introduction to the Prevailing Rate Schedule Information About Prevailing Rate Schedule This information is provided to assist you in the interpretation of padicular requirements for each classification of worker contained in the attached Schedule of Prevailing Rates. Classification It is the duty ot the Commissioner of Labor to make the proper crassitication of workers taking into account whether the work is heavy and highway, building sewer and water, tunne work, or residential, and to make a determination of wages and supplements to be paid or provided. It is the responsibilily of the public work contractor o use he proper rate. f there is a question on the proper classification to be used, please cafi the district office located nearest the project. Oisthct office locations and phone numbers are listed below. bPrevailin, g .Wage Schedules are issued separately for "General Construction Projects" and "Residential Construction Projects" on a county- y-county Pasts. General Construction Rates apply to projects such as: Buildings, Heavy & Highway, and Tunnel and Water & Sewer rates. Residential Construction Rates generally apply to cons ruct on, 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 Ra e Schedu e 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 Pai,d Holidays are days for which an eligible employee rece ves a regular day's pay, bu is not required to.perform work. If an employee works on a day listeo as a paid holiday, this remuneration is in addition to paymentof the required prevaihng rate for the work actually performed. Overtime At a minimum, all work performed on a public work project in excess of eight hours n any one day or more than five days in any workweek is overtime. However, the specific overt me requirements for each trade or occupation on a public work project may differ. Specific ovedime requirements for each trade or occupation are contained in the prevailing rate schedules. Overfime holiday pay is the premium pay that s requ red for work performed on specified holidays. It is only required where the employee actually performs work on such holidays. The applicable holidays are sted under HOLIDAYS' OVERTIME The re u red rate of a for h V ..... ' q P y ese covered ho'days can be found in the O ERTIME PAY secbon hstmgs for each class~ticat~on. Supplemental Benefits Particular attention should be given o the supp emental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some c ass ficat ons require the payment or prov s on of supplements for each hour paid (including paldholidays 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 a owable initial ratio is one Apprentice to one Joumeyworker. The Joumeyworker must be in place on the project before an Apprentice s a owed. Then three add bona/Journeyworkers are needed before a second Apprentice is allowed. The Past ratio repeats indefinitely. Therefore, three more Joumeyworkers must be present before a third Apprentice can be hired, and so on. Please call Apprentice Training Central Office at (518) 457-6820 if you have any questions. Title (Trade) Boilermaker (Construction) Boilermaker (Shop) Carpenter (Bldg.,H&H, Pile DrivedDockbuilder) Carpenter (Residential) Electrical (Outside) Lineman Ratio 1:1,1:4 1:1,1:3 1:1,1:4 1:1,1:3 1:1,1:2 Page 27 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of,Labor Last Published on May 01 2012 PRC Number 20120042;)3 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 Spdnkler Filter 1:1,1:2 If you have any questions concerning the affached 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 Distdct Office Locations: Bureau of Public Work - Albany Bureau of Public Work - Binghamton Bureau of Public Work - Buffalo Bureau of Public Work - Garden City Bureau of Public Work - Newburgh Bureau of Public Work - New York City Bureau of Public Work - Patchogue Bureau of Public Work - Rochester Bureau of Public Work - Syracuse Bureau of Public Work - Utica Bureau of Public Work - White Plains Bureau of Public Work - Central Office Telephone # 518-457-2744 607-721-8005 716-847-7159 516-228-3915 845-568-5287 212-775-3568 631-687-4882 585-258-4505 315-428-4056 315-793-2314 914-997-9507 518-457-5589 FAX # 518-485..0240 607-721-8004 716-847-7650 516-794-3518 845-568-5332 212-775-3579 631-687-4904 585-258-4708 315-428-4671 315-793-2514 914-997-9523 518-485-1870 Page 28 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor L~st Published on May 01 2012 PRC Number 2012004223 Suffolk County Suffolk County General Construction Asbest~s~W~rke~ JOB DESCRIPTION Asbestos Worker 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* DISTRICT 9 NOTE: *On Mechanical Systems that are NOT to be SCRAPPED. SUPPLEMENTAL BENEFITS Abestos Worker Removal & Abatement Only $10.00 OVERTIME PAY See (B, B2, *E, J) on OVERTIME PAGE Hours worked on Saturdays are paid at time and one half only if forty hours have been worked dudng the week. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtirne: 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 Boilermal(er 0510il2617 JOB DESCRIPTION Boilermaker DISTRICT 4 ENTIRE COUNTIES Bronx, Dutchess, K ngs, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland. Suffo k, 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 Houdy Wage Paid Wage Paid + $19.33 + $21.80 Repairs & Renovation-Same as Boilermaker (Includes replacement of parts and repaim & renovation of an existing unit). NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay. OVERTIME PAY Page 29 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on May 01 2012 PRC Number2012004223 Suffolk County OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See (8, 16, 23, 24) on HOLIDAY PAGE O~ ,.rtime: See (5, 6, 11, 12, 15, 25) on HOLIDAY PAGE N(.. E: *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: Boilermaker Apprenfice(s) 07/01/2011 01/01/2012 39.1% of Houdy 39.1% of Hourly Wage Paid Wage Paid + $19.33 + $ 21.80 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Westchester PARTIAL COUNTIES Orange: South of but including the following, Waterloo Mills, SlateHill, New Hampton, Goshen, Blooming Grove, Mountainville, east to the Hudson River. Putnam: South of but including the following, Cold Spdng, TompkinsComer, Mahopac, Croton Falls, east to Connecticut border. Suffolk: West of Port Jefferson and Patehoque Road to Route 112 tothe Atlantic Ocean. WAGES Per hour: 07/01/2011 4-5 0510~1~20,1~? 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: Ddller $17.52 Asst. driller 17.52 OVERTIME PAY OVERTIME: HOLIDAY HOLIDAY: Paid: Overtime: See (B,E,K*,P,R**) on OVERTIME PAGE. See (5,6) on HOLIDAY PAGE. * See (5,6) on HOLIDAY PAGE. ** See (8,10,11,13) on HOLIDAY PAGE. Assistant: One (1) year increments at the foilowing percentage of Assistant wages. This is not an apprenticeship for Ddller. Page 30 Prevailing ,Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on May 01 2012 PRC Number 2012004223 Suffolk County 1st Year 2nd Year 3rd Year 4th Year 70% 80% 90% 100% 9-1536-CoreDriller JOB DESCRIPTION Carpenter ENTIRE COUNTIES Bronx, Kings. Nassau. New York. Queens. Richmond. Suffolk, Westchester WAGES Per Hour: 07/01/2011 DISTRICT 9 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 40% 2nd 3rd 4th 50% 65% 80% Supplemental benefits per hour: Apprentices $ 25.14 9-1536 JOB DESCRIPTION Carpenter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2011 DISTRICT 9 Building Millwdght $ 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 May 01 2012 PRC Number 2012004223 Suffolk C~ounty 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 Joumeyworkers wage (1) year terms: 1st. 2nd. 3rd. 4th. 55% 65% 75% 95% Supplemental benefits per hour: (1) year terms: 1st. 2nd. 3rd. 4th. $28.19 $31.29 $35.51 $40.62 JOB DESCRIPTION Carpenter ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2011 9-740.1 DISTRICT 9 Marine Construction: Madne Diver $ 58.95 M.D.Tender 42.10 SUPPLEMENTAL BENEFITS Per hour paid: Joumeyman $ 42.37 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprentices Overtime: See (18,19) on HOLIDAY PAGE. See (5,6,10,11,13,16,18,19) See (5,6,10,11,13,16,18,19) on HOLIDAY PAGE. JOB DESCRIPTION Carpenter ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2011 9-1456MC 0~ DISTRICT 9 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 East PubliShed on May 01 2012 PRC Number 2012004223 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 1st & 2nd yr. Apprentices Over[line: See (5,6,11,13,16,18,19,25) See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wage per hour is Pecentage of Journeyworkers Wage (1) year terms: 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% Supplemental benefits per hour: Apprentices $ 25.83 9-2287 Carpenter JOB DESCRIPTION Carpenter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2011 Pileddver $ 46.74 Dockbuilder $ 46.74 SUPPLEMENTAL BENEFITS Perhourpaid: Joumeyworker $ 42.45 OVERTIME PAY See (B, E2, O) on OVERTIME PAGE HOLIDAY Paid: Paid: for 1st & 2nd yr. Apprentices Overtime: REGISTERED APPRENTICES Wages per houris Pecentage of Joumeyworkers Wage (1)year terms: ls1. 2nd. 40% 50% Supplemental benefits per hour: Apprentices $ 27.77 See (18,19)on HOLIDAY PAGE. See (5,6,11,13,16,18,19,25) See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. 3rd. 4th. 65% 80% Page 33 DISTRICT 9 9-1456 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on May 01 2012 PRC Number 2012004223 Suffolk C~unty JOB DESCRIPTION Carpenter- Building / Heavy&Highway ENTIRE COUNTIES Suffolk PARTIAL COUNTIES Nassau: Work preformed north of the Southern State Parkway and east of the Seaford Creek. WAGES Per Hour: Building Carpenter Heavy Highway Carpenter SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 $ 44.51 $ 44.51 07/01/2011 Both Carpenter Categories $ 26.61 OVERTIME PAY OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY HOLIDAY Paid: See (18, 19) on HOLIDAY PAGE Ovedime: See (5, 6, 16, 23, 24, 25) on HOLIDAY PAGE REGISTERED APPRENTICES REGISTERED APPRENTICES One(l) Year Terms at the following pecentage of Joumeymans Wage 1st 2nd 3rd 4th $17.39 $22.89 $26.70 $30.42 DISTRICT 4 Supplemental Benefits Per Hour: All Apprentice Terms 07/01/2011 $14.50 4-Reg. Council Nass/Suff JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 DISTRICT 4 ElectricianANireman HVAC Controls Fire Alarms PUMP & TANK WORK Electrcian/Wireman SUPPLEMENTAL BENEFITS Per Hour: Electrcian/Wireman (all catagodes) $46.85 46.85 46.85 $39.82 07/01/2011 16.0% of Hourly Wage Paid + $23.65 Page 34 Prevailing Wage Rates for 07/01/2011 * 06/30/2012 Published by the New York State Department of Labor L~st Published on May 01 2012 PRC Number 2012004223 Suffolk County NOTE: "Houdy Wage Paid" shall include any and all premium[s] OVERTIME PAY OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY HOLIDAY Paid: See (t) 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 BenefiLs 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 Houdy Wage Paid + $16.56 4-25 JOB DESCRIPTION Electhcian ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 Telephone & lntergrated Tale- $ 34.76 Data Sytems Electrician DISTRICT 4 This rate classification applies to ALL Voice, Data & Video work.: Excluding Fire Alarm Systems and Energy Managment Systems (HVAC Controls), in those cases the regular Electrician rate applies. To ensure proper use of this rate please call Nassau Offices at (516)228-3915 or Suffolk Offices at (631)687-4882. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Electrician 16% of Hourly Wage Paid + $15.64 NOTE: "Houdy Wage Paid" shall include any and all premium(s) pay OVERTIME PAY OVERTIME PAY OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE Page 35 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of,Labor Last Published on May 01 2012 PRC Number 2012004223 Suffolk Courtly HOLIDAY HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5. 6, 15, 16, 25) on HOLIDAY PAGE JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: Tree Tdmmer/ Line Clearance Specialist NOTE: This Rate Applys For Electrical Line Clearance and Long Island Rail Road Rideaways(ONLY). SUPPLEMENTAL BENEFITS SUPPLEMENTAL BENEFITS Per Hour: Tree Tdmmer/ Line Clearance Specialist 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 07/01/2011 $ 27.81 07/01/2011 $12.04 JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 4-25tela DISTRICT 4 4-1049/Tree DISTRICT 4 Electrcian Electrical Maintenance $ 38.45 "PLEASE NOTE" Applicable to "EXISTING ELECTRICAL SYSTEMS" including, but not limited to TRAFFIC SIGNALS & STREET LIGHTING. Not used for addons. ** IMPORTANT NOTICE - EFFECTIVE 04/01/2009 ** Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Thursday, with one-half (1/2) hour allowed for a lunch period. NOTE - In order to use the '4 Day/:l 0 Hour Work Schedule,' you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schsdu e,' form PW30R; additionally, there must be a dispensation of hours in place on the project. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Electrcian 12% of Hourly Wage Pa d + $15.20 Page 36 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor I~ast Pub ished on May 01 2012 PHC Number 2012004223 Suffolk County NOTE: "Houdy 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 Ovedime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Term(s) at the following Percentage o1 Journeyman(s) Wage: 1st 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 Houdy Wage Paid + $12.91 NOTE: "Houdy Wage Paid" shall Include any and all premium(s) pay Eibetq~an ~nema~ 4-25m DISTRICT 4 JOB DESCRIPTION Electrician Lineman ENTIRE COUNTIES Nassau, Queens, Suffolk WAGES WAGES For Ufility Distribution & Transmission Line Construction Per Hour: 07/01/2011 Lineman/Splicer $ 45.98 Maredal Man $ 40.00 Heavy Equip. Operator $ 36.78 Groundman $ 27.59 Flagman $ 20.69 For Natural Gasliae Construction 07/01/2011 Journeyman U.G.Mech. $ 37.92 ** IMPORTANT NOTICE - EFFECTIVE 04/01/2009 ** Four (4), lea (10) hour days may be worked at straight time durin9 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 Afl Classifications 25% of Hourly Wage Paid + $10.59 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay Natural Gasline Construction Page 37 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of kabor Last Published on May 01 2012 PRC Number 2012004223 Su[folk County 07/01/2011 $15.71 4-1049 Line/Gas Journeyman U.G.Mech. 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 Pedods al the following Percentage of Journeyman's Wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 60% 65% 70% 75% 80% 85% 90% Elevat°~ C°nStru~t°r 05i~1/20:~12 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. Kisce, North Salem, Pound Ridge, Somem and Yorklown. WAGES Per hour: 07/01/2011 03/17/2012 03/17/2013 Elevator Constructor $ 53.27 $ 55.20 $57.01 Elevator Modernization & Service/Repair $ 42.31 $ 43.79 $45.14 SUPPLEMENTAL BENEFITS Per hour: 07/01/2011 03/17/2012 03/17/2013 $ 31.30 $ 32.76 $34.46 Elevator Constructor Modernization & Service/Repair OVERTIME PAY Constructor. See ( C, O ) on OVERTIME PAGE. $ 29.94 $ 31.35 $33.00 Modem./Service See ( S, 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 One (1) year terms at the Page 38 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Depadment of Labor I~ast Publi§hed on May 01 2012 PR(:; Number 2012004223 Suffolk County following rate 1st Term 2nd Term 3rd Term 4th Term $23.90 $24.75 $25.54 29,30 30.36 31.36 34.63 35.88 37.06 39.95 42.40 42.76 Modernization & Service/Repair: lstTerm 2ndTerm 3rdTerm 4thTerm $23,90 $24.75 $25.54 23.27 24.08 24.83 27.50 28,46 29.34 31.73 32.84 33.86 Supplemental Benefits per hour paid: Elevator Constructor: lstTerm 2nd Term 3rd Term 4th Term Modernization & Service/Repair: 1st Term 2ndTerm 3rd Term 4th Term GlaZier $ 21.52 $ 22.65 $24.02 $ 21.91 $ 23.05 24.44 $ 22.68 $ 23.85 25.26 $ 23.46 $ 24.64 26.08 $ 21.45 $ 22.57 $23.95 $ 21.83 $ 22.97 24.35 $ 22.59 $ 23.75 25.16 $ 23.34 $ 24.53 25.97 9-1 o5iO1~20~2 JOB DESCRIPTION Glazier DISTRICT 9 ENTIRE COUNTIES Bronx. Dutchess. Kings. Nassau, New York. Orange, Putnam, Queens, Richmond, Rockland. Suffolk, Sullivan, Ulster. Westchester WAGES Per hour: Glazier Scaffolding Repair & Maintenance: Glazier 07/01/2011 $ 46.55 $ 47.55 $ 26.85 Repair & Maintenance- All repair & maintenance work on a particular building. whenever performed, where the total cumulative contract value is under $100,000.00. SUPPLEMENTAL BENEFITS Per hour paid: Joumeyworker .... $ 24.99 Repair & Maintenance: Glazier OVERTIME PAY $14.04 Page 39 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Last Published on May 01 2012 Published by the New York State Department of Labor PRC Number2012004223 Suffolk C(~unty 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, Memodal day, Independents day, Labor day, Thanksgiving day, Day after Thanksgiving, and Christmas day. REGISTERED APPRENTICES Wage per hour: (1) year terms at the following wage rates. I st term... $15.60 2nd term... $ 23.28 3rd term... $ 27.93 4th term... $ 37.24 Supplemental Benefils: (Per hour worked) 1st term .... $11.72 2nd term .... $16.93 3rd term .... $18.54 4th term .... $ 21.77 9-1281 (DC9 NYC) nsUlate£ ~ Heat~ Er~t: JOB DESCRIPTION insulator - Heat & Frost ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per hour: 07/01/2011 DISTRICT 9 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 dudng the week,Wages and benefits are 1o be paid at time and one half. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: Apprentice Insulator(s) I year terms at the following wage rate. 1st 2nd 3rd 4th $24.01 $36.02 $42.03 $48.02 Page 40 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor I~ast PubliShed on May 01 2012 PRO Number 2012004223 Suffolk County Supplemental Benefits per hour: Apprentice Insulator(s) 1st 2nd 3rd 4th $10.36 $15.53 $18.13 $20.71 9-12 IrO~nwo;ker 05181/2012 JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Rockland: Southern secfion. WAGES Per hour: 07/01/2011 Reinforcing & Metal Lathing $ 49.52+$ 3.45* * May be allocated between wages and benefits later. SUPPLEMENTAL BENEFITS Per hour paid: 07/01/2011 Journeyworker $ 36.23 OVERTIME PAY OVERTIME PAY See (*A, E, Q, **V) on OVERTIME PAGE OVERTIME: See (A*,E,Q,V**) on OVERTIME PAGE. *,** All over[ime in excess often (10)hours shall be paid at double wage HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 18, 19, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: 07/01/2011 (1) year terms at the following wage rates: 1st 2nd 3rd $28.20 32.80 37.86 Supplemental Benefits per hour paid: 1st 2nd 3rd $26.48 28.13 29.28 07/0112012 Add.$ 3.45* DISTRICT 9 9~,6Reinf ,!rCnworker 05i01]20i2 JOB DESCRIPTION Ironworker 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 DISTRICT 9 SUPPLEMENTAL BENEFITS Per hour paid: Page 41 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on May 01 2012 PRC Number 2012004223 Suffolk C~unty 07/01/2011 Journeyworker: $40.07 OVERTIME PAY OVERTIME: See (A*,D1 ,E**~Q,V) on OVERTIME PAGE. *T me and one-half shall be paid for all work. in excess of seven (7) hours at the end of a work day to a maximum of two (2) hours on any regular work da (8th & 9th hours of work) and double time shall be paid for all work thereafter. **Time and one-half shall be paid for all work on Saturday up to seven (7) hours and double time shall be paid for all work thereafter. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES 1st term represents first 1-4 months, thereafter (1/2) year terms at the following percentage of Journeyman's wage. APPRENTICES: I st 2nd 3rd 4Ih 5th 6th 50% 50% 55% 60% 70% 80% Supplemental Benefits per hour paid: 07/01/2011 APPRENTICES: lstTerm $ 31.75 2nd Term 31.75 3~ Term 32.58 4thTerm 33.41 5thTerm 35.08 6thTerm 36.74 9-580-Or JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings. Nassau, New York, Queens, Richmond, Suffolk, Westchestar WAGES Per hour: 07/01/2011 Ironworker Rigger $ 51.50 Ironworker Derdckman $ 51.50 * To be allocated SUPPLEMENTAL BENEFITS Journeyworker: OVERTIME PAY OVERTIME 07/01/2011 $ 33.38 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 (Sth) and ninth (9) hours of work) and double time shall be paid for all work thereafter. **Time and one-half shall be paid for all work on Saturday up to seven (7) hours and double time shall be paid for all work thereafter. HOLIDAY Page 42 01/01/2012 $ 49.50 $ 49.50 01/01/2012 $ 34.88 DISTRICT 9 07/01/2012 $1.50' $1.50' Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor East Publighed on May 01 2012 PRC Number 2012004223 Suffolk County 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 per[ormed on this day, except in cases of emergency. Such work shall be done at double time rate of pay. '*Double time rate of pay. ***Work stops at schedule lunch break with full day's pay. REGISTERED APPRENTICES Wage per hour: (1/2) year terms at the following pementage of journeyman's wage. 1st 2nd 3rd 4th 5th 50% 50% 70% 80% 90% Supplemenlal benefits per hour paid: Registered Apprentice 1st year All others 50% of journeyman's rate 75% of journeyman's rate 6th 90% IronWorker 9-197D/R JOB DESCRIPTION ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Wages: (Per Hour) 07/01/2011 01/01/2012 DISTRICT 9 07/01/2012 Additional 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 $ 57.05 $ 58.50 Journeyman OVERTIME PAY See (B*,E**,Q,V) on OVERTIME PAGE. * Time and one-haft 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 (lOth) 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. 01/01/2012 $ 23.62 24.22 24.82 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 1st Term $ 23.12 2nd Term 23.72 3rd thru 6th Term 24.32 Page 43 Prevailing Wage Rates for 07/0112011 - 06/30/2012 Published by the New York State Deparlment o1 Labor Last Published on May 01 2012 PRC Number 2012004223 Suffolk C~unty Supplemental Benefits: per hour JOB DESCRIPTION Laborer- Building ENTIRE COUNTIES Nassau, Suffolk WAGES WAGES Per Hour: 0710112011 $ 40.70 01/01/2012 $ 41.76 Building Laborer Asbestos Abatement Workem (Re-Roofing see Roofer) SUPPLEMENTAL BENEFITS PerHour: Building Laborer Asbestos Worker OVERTIME PAY See (A, E, Q) on OVERTIME PAGE Asbestos Worker See (B, H) HOLIDAY HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime see (5, 6, 25) on HOLIDAY PAGE Asbestos Worker see (5, 6) REGISTERED APPRENTICES Regular Houm Work Terms TERM #1 I hr to 1000hfs TERM #2 1001hrs to 2000hrs TERM #3 2001hfs to 3000hfs TERM #4 3001hfs to 4000hrs Wages per hour: APPRENTICES Building Laborer TERM #1 $16.25 TERM #2 $19.00 TERM #3 $22.00 TERM ~ $25.20 Asbestos Worker TERM #1 $25.74 TERM #2 $26.40 TERM #3 $27.40 TERM ~ $29.38 Supplemental Benefits per hour: APPRENTICES Building Laborer 07/01/2011 $32.95 12/01/2011 $32.95 DISTRICT 4 TERM #1 $14.55 TERM #2 $16.25 TERM #3 $16.99 TERM #4 $17.49 Page 44 $33.00 07/0112011 $ 23.86 $14.20 Additional $3.00 01/01/2012 Additional $2.13 9-40/361 -Str Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor 'Last Published on May 01 2012 PRC Number 2012004223 Suffolk County Asbestos Worker All $14.15 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 Soys 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 4-66 GROUP # 2 Sase Wage $35.24 Additional per hour 4.60 GROUP # 3 Base Wage additional per hour SUPPLEMENTAL BENEFITS Per Hour: ALL GROUPS $32.05 4.60 $ 24.13 After Fody (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 Matedal Work add an Additional 10% of base wage HOLIDAY HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (1) on HOLIDAY PAGE REGISTERED APPRENTICES One (1) Year Terms at the following Pecentage of the Journeyman's Wage 1st 2nd 80% 90% Supplemental Benefits per hour: APPRENTICES $24.13 After Forty(40) paid hours in a work Week $14.57 4-1298 JOB DESCRIPTION Mason ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2011 DISTRICT g Page 45 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on May 01 2012 PRC Number 2012004223 Suffolk C~unty Bdck/BIocklayer $ 51.00 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Brick/Block Layer $ 22.54 OVERTIME PAY See (Al 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: 1 st 2nd 3rd 4th 5th 50% 60% 70% 80% 90% Supplemental Benefits per hour: All Apprenlices $14.24 9-1Brk Mason. Buil~iqg 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 05101120~2 Building: Tile Finisher $40.13 Add. $1.18' Add. $1.18' *Increase to be allocated at a later date SUPPLEMENTAL BENEFITS Per Hour: Joumeyworker Overtime* Overtime** * Applies to weekdays & Saturdays ** Applies to oveCdme houm on Sunday & Holidays, and work on Salurdays over 10 hours. $22.45 $38.30 $49.82 OVERTIME PAY See (A, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (per hour paid) ( 750 hour ) terms at the following percentages of Joumeyworkers wage. 1 st 2nd 3rd 4th 5th 6th 7th 8th 50% 55% 65% 70% 75% 85% 90% 95% Page 46 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor I~ast Publi§hed on May 01 2012 PRC Number 2012004223 Suffolk County Supplemental Benefits: (per hour paid) (750) hour terms at the following percentages of Joumeyworkers wage: Apprentices. 1st 2nd 3rd 4th 5th 6th 50% 55% 65% 70% 75% 85% 7th 90% 8th 95% 9-7/88-t[ Mason - Buildin~ 0510;1¢2012 JOB DESCRIPTION Mason - Building ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2011 01/01/2012 Building-Marble Restoration: Marble, Stone, etc $37.01 $37.26 & Polisher SUPPLEMENTAL BENEFITS Joumeyworker: Per Hour. Marble,Stone,otc Polisher $20.94 $21.32 OVERTIME PAY See (A. E, Q, V) on OVERTIME PAGE 15th and successive hours in a (x)ntinous period shall be paid at double time. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 15, 25) on HOLIDAY PAGE 1st term apprentice gets paid 1or all Observed Holidays. REGISTERED APPRENTICES WAGES per hour: (900 hour)terms at the following wages: 0-900 901-1800 1801-2700 $25.73 $29.41 $33.08 Observed holidays are paid holidays for the 1st term apprentice Supplemental Benefils: (Per Hour) DISTRICT 9 07/01/2012 $37.51 $21.82 over2700 $37.01 $18.79 $19.37 $19.98 $20.94 9-7/24-MP Mason - Building JOB DESCRIPTION Mason - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: Building: Tile Setters *May be distributed 07/01/2011 12/05/2011 06/04/2012 $ 49,01 Add $1.43* Add $1.43* Page 47 O~01~'20rl 2 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on May 01 2012 PRC Number 2012004223 Suffolk C~unty between wages& benefits SUPPLEMENTAL BENEFITS Joumeyworker: $26.71 Per Hour. Overtime * $44.20 Overtime** $56.43 *Applies to oveKdme 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: 1 st 2nd 3rd 4th 5th Hours: 1- 751- 1501- 2251- 3001- 750 1500 2250 3000 3750 Wages: $24.99 27.75 31.54 33.11 35.74 6th 7th 8th 9th 3751- 4501- 5251- 6001- 4500 5250 6000 6750 36.99 42.35 47.53 49.01 Supplemen~l Benefi~ perhourpaid: Term: 1st 2nd 3rd 4th 5th Houm: 1- 751~ 1501- 2251- 3001- 750 1500 2250 3000 3750 Supps. $12.87 13.89 13.89 16.11 17.26 6th 7th 8th 9th 3751- 4501- 5251- 6001- 4500 5250 6000 6750 19.80 22.01 24.40 26.71 9-7/52 JOB DESCRIPTION Mason - Building ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Building: Per Hour: 07/01/2011 01/01/2012 DISTRICT 9 07/01/20t 3 Mosaic & Terrazzo Mechanic $45.41 Mosaic & Terrazzo Finisher $43.86 *Increase to be aflocated at a later date SUPPLEMENTAL BENEFITS Joumeyworker: Mechanic $29.10 Finisher $29.10 Add. S1.07 Add.S1.05 Add. S1.25 Add.S1.05 OVERTIME PAY See (A, E, Q, V) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Page 48 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Oepa~lment of Labor ~.ast Publtshed on May 01 2012 PRC Number 2012004223 Suffolk County 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. 1 st 2nd 3rd 4th 5th 6th 1- 751- 1501- 2251- 3001- 3751- 750 1500 2250 3000 3750 4500 50% 55% 65% 70% 75% 85% Supplemental benefits per hour paid: (750 hour) terms at the following percentage of Terrazzo Mechanic's benefit. 7~ 4501- 5250 90% 8th 5251- 6000 95% 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 Ma:san - I~iuii(ting JOB DESCRIPTION Mason - Building ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2011 Marble, Stone,etc. Finishers $19.97 01/01/2012 $20.19 DISTRICT 9 07/01/2012 $20.51 SUPPLEMENTAL BENEFITS Journeyworker: Per Hour. Marble, Stone, etc Finisher $10.64 OVERTIME PAY See (A, E, Q, V) on OVERTIME PAGE Double houdy rate after 7 hours on Salurday 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 41h term 2251-3000 $16.20 5th~rm 3001-3750 $17.38 6th term 3751-.4500 $18.96 $10.82 $11.00 Supplemental Benefits: (Per Hour) 1st term $10.43 2nd term $10.43 3rd term $10.44 4th term $10.44 5th term $10.45 Page 49 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on May 01 2012 PRC Number 2012004223 Suffolk County 6th term $10.46 JOB DESCRIPTION Mason - Building / Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2011 01/01/2012 Marble-Finisher $42.65 $43, 9-7/24M-MF DISTRICT 9 07/01/2012 $43.55 SUPPLEMENTAL BENEFITS Joumeyworker $ 25.83 $26.33 OVERTIME PAY See (A, *E, Q, V) on OVERTIME PAGE HOLIDAY Overtime: See (5, 6, 15, 25) on HOLIDAY PAGE * Work beyond 7 hours on a Saturday shall be paid at double the rate. ** When an observed holiday falls on a Sunday, it will be observed the next day. REGISTERED APPRENTICES Wages: 750 hour terms at the following percentage of Joumeyworkers 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 I st-6th terms $14.50 + term wage % of $9.83 71h and 8th terms $24.33 $26.93 9-7/20-MF MASOn ~- ;B~il~ing i H~aw&~iBhw~Y , JOB DESCRIPTION Mason - Building / Heavy&Highway 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 $ 57.61 $ 39.28 Stone Setter Stone Tender SUPPLEMENTAL BENEFITS Per Hour: Stone Setter Stone Tender OVERTIME PAY See (*C, **E, Q) on OVERTIME PAGE 07~1/2011 $ 24.06 $16.66 DISTRICT 9 * On weekdays the eighth (8th) and ninth (9th) hours are time and one-half all work thereafter is paid at double the houdy rate. ** The first nine (9) hours on Saturday is paid at time and one-half ail work thereafter is paid at double the houdy tale. HOLIDAY Page 50 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor 'Last Pubffshed on May 01 2012 PRC Number 2012004223 Suffolk County Paid: See (8, 25) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Per Hour: Stone Setler(800 hour) terms at the following wage rate per hour: 1 st 2nd 3rd 4th $28.87 $34.57 Supplemental Benefits: All Apprentices $15.48 $40.32 $46.09 5th $51.85 6th $57.61 Mason - Heavy&Highway JOB DESCRIPTION Mason - Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2011 (MASON) Pointer, Cleaner & Caulkers SUPPLEMENTAL BENEFITS Per Hour: $ 44.56 07/01/2011 $ 23,33 Pointer, Cleaners & Caulkers OVERTIME PAY See (B, E2, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOUDAY PAGE REGISTERED APPRENTICES Wages: (Per hour) One (1) year terms at the following wage rates, 1st $25.00 Apprentices Supplemental Benefits: (per hour paid) $3.45 07/01/2011 2nd $27.25 3rd $32.23 $11.26 4th $38.66 $11.26 $8.51 DISTRICT 9 Mason- Heavy&Highway JOB DESCRIPTION Mason * Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2011 Cement Mason $ 49.50 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 DISTRICT 9 Page 51 9-1Stn 051Q'1/2012 9-1PCC 05101/201~ Prevailing Wage Rates for 07/01/2011 * 06/30/2012 Published by the New York State Department of .Labor Last Published on May 01 2012 PRC Number 2012004223 Suffolk County Cement Mason $ 32.25 OVERTIME PAY See (D, O, V} on OVERTIME PAGE HOUDAY 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 Joumeyworkers Wage. 1 st Term 50% 2nd Term 60% 3rd Term 70% Supplement Benefits per hour paid: Apprentices: 1st term $ 21.96 2nd term 23.98 3rd term 26.00 JOB DESCRIPTION Operating Enginaer- Building ENTIRE COUNTIES Nassau, Suffolk WAGES BUILDING CATEGORIES: 9-780 .... ost~0~2' DISTRICT 4 CLASS "AA "CRANES: Crane, Truck Crane, Derdck, Dragline, Dredge, Crawler Crane, Tower Crane & Pile Ddver. CLASS "A": Asphalt Spreader, Backhoe Crawler/Hydraulic Excavator(360 upto & over 150,0001bs),Boiler, Boring Machine, Cherry Picker(over 70 tons), Concrete Pump, Gradall, Grader, Hoist, Loading Machine(10 yds. or more), Milling Machine, Power Winch-Stone SeEing/Structural Sleel & Truck Mounted, Powerhouse, Road Paver, Scoop-Carryall-Scraper in Tandem, Steam Shovel, Sideboom Tractor, Stone Spreader(self propelled ), Tank Work, Tower Crane Engineer. CLASS "B": Backhoe(other than 360), Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker(under 70 Tons), Conveyor*Multi, Dinkey Locomotive, Fork Lilt, Hoist(2 Drum), Loading Machine & Front Loader, Mulch Machine(Machine Fed), Power Winches(Not Included in Class "A"), Asphalt Roller. Hydraulic Pump with Bodng 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 Cutler, Vac-All, Jet Pump, Shotblasler, interior Hoist, Concrete Finish Machine, ConcreteSpreader, Conveyer, Curing Machine, Hoist(one drum). CLASS "D": Concrete Breaker, Concrete Saw/Cutter, Fork Life or Walk Behind (power operated), Generator, Hydra Hammer, Compactors(mechanical or hand operated), Pin Puller, Portable Heaters, Power Booms, Power Buggies. Pump(double action diaphragm). CLASS "E": Batching Plant, Generator, Gdnder, Mixer, Mulching Machine, Oiler, Pump(gypsum), Pump(single action diaphragm), Stump Chipper, Track Tamper, Tractor(caterpiller or wheel), Vibrator, Deckhand on Workboat. 07/01/2011 Class "AA" $ 61.02 Cranes: Boom length over 100 feet add $1.00 per hour """ 150""$1.50"" .... 250 "" $ 2.00"" """350""$3.00 .... Page 52 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor 1_ast Published on May 01 2012 PRC Number 2012004223 Suffolk County Class "A" $ 50.78* *Add $3.50 for Hazardous Waste Work Class "B" $ 48.20* *Add $2.50 for Hazardous Waste Work Class "C" $ 46.48* *Add $1.50 for Hazardous Waste Work Class "D" $ 43.01 Class "E" $ 41.27 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 $ 29.09 $ 22.85 ALL CLASSES NOTE: Overtime Rate OVERTIME PAY OVERTIME PAY See (D, O) on OVERTIME PAGE Paid Holidays: See (5, 6, 16, 25) on HOLIDAY PAGE "NOTE": Employee must be employed day before and day aSer a holiday to receive holiday pay. HOLIDAY REGISTERED APPRENTICES One(l) Year Terms at the following Rate: 1st Term $ 20.84 2nd Term 21.67 3rd Term 22.33 Supplemental Benefits per hour: APPRENTICES $15.89 Note: OVERTIME AMOUNT $ 5.85 OPeratill~ ~'qine~r - auiidi~.q / HeaVy&Hi.qhway JOB DESCRIPTION Operaling Engineer* Building / Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 Well Driller $ 31.68 Well Ddller Helper $ 27.60 Hazardous Waste Differential Added to Houdy Wage: Level A $ 3.00 Level B 2.00 Level C 1.00 Monitoring Well Work 08/01/2011 32.32 28.38 Page 53 4-138 DISTRICT 4 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Published on May 01 2012 PRC Number 2012004223 Suffolk County Add to Hourly Wage: Level A $ 3.00 Level B 2.00 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Well Ddiler $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 Q~afi~; E"Ci~eer, Hea¥~&Hi~hWay 4-138well JOB DESCRIPTION Operating Engineer- Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES HEAVY/HIGHWAY CATEGORIES: CLASS "AA" CRANES: Crane, Truck Crane, Derdck, Dragline, Dredge, Crawler Crane, Tower Crane, Pile Driver. DISTRICT 4 CLASS "A": Asphalt Spreader, Backhoe Crawler/Hydraulic Excavator(360 up to & over 150,000lbs), Barrier Machine, Cherrypicker(over 70 tons), Concrete Pump, Grader, Gradail, 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, Sceop-Ca~yalI-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 othem 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 Cut[er, Work Boat. CLASS "C": Boiler(Thermoplastic), Curb Machine(Asphalt & Concrete), Maintenance Engineer(Small Equip. & Well Point), Field Mechanic, Milling Machine(Small), Pulvi-Mixer, Pumps(Hydralic & 4in or over), Roller(Dirt), Vac-AII, Jet Pump, Compressor(Structural Steel & 2 or more Batledes), Concrete Finish Machine, Concrete Spreader, Conveyor, Cudng Machine, Fireman, Hoist (One Drum), Ridge Cutter, Shot Blasler, Welding Machine(Structural Steel & Pile Work). CLASS "D": Compressor(Pile,Crane,Stone Setting), Concrete Saw Cutted 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": 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 Page 54 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor East Published on May 01 2012 PRC Number 2012004223 Suffolk County Class "AA" $ 60.39 Cranes: Boom Lenglh over 100 feet add $1.00 per hour """ 150""$1.50"" """250"" $ 2.00"' """ 350"" $ 3.00"" Class "A" *Add $3.50 for Hazardous Waste Work, $ 53.48* Class "B" *Add $2.50 for Hazardous Waste Work. $ 49.99* Class "C" *Add $1.50 for Hazardous Waste Work $ 48.23* 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(l) Year Terms at the following Rate: 1st Term $ 20.84 2nd Term 2t .67 3rd Term 22.33 SUPPLEMENTAL: APPRENTICES $15.89 Note: OVERTIME AMOUNT $ 5.85 Operating En(~ineer ,' Heaw&Hi~hWay JOB DESCRIPTION Operating Engineer* Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Pady Chief - One who directs a survey party Instrument Man - One who runs the instrument and assists Party Chief Rodman - One who holds the rod and in general, assists the survey party Categories cover GPS & Under Ground Surveying DISTRICT 4 Per Hour: 07/01/2011 Page 55 4-138 05/0~12017 Prevailing Wage Rates for 07/01/2011 - 06/3012012 Last Published on May 01 2012 Published by the New York State Department of Labor PRC Number 2012004223 Suffolk 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. JOB DESCRIPTION Operating Engineer- Marine Construction DISTRICT 4 ENTIRE COUNTIES Albany, Allegany, Bronx, Breome, Cattaraugus, Cayuga, Chautauqua, Chemun9, Chenan9o, Clinton, Columbia Cor~and Delaware Dutchess, E~ie, Essex, Franklin Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston Madison Monroe Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orangs, Odeane, Oswego, Otsego, Putnam Queens Rensse aer Richmond, Rockland Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk Sullivan Toga, Tompk ns, U stet Wan-en Washington, Wayne, Westchester, Wyoming, Yates WAGES Per Hour: DREDGING OPERATIONS 07/01/2011 CLASS A Operator, Leverman, $ 32.89 Lead Dredgeman CLASS A1 Dozer, Front Loader Operator CLASS B Spider/Spill Barge Operator, Tug Operator(overl000hp), Operatorll, Fill Placer, Derdck Operator, Engineer, Chief Mate, Electrician, Chief Welder, Maintenance Engineer To Conform to Operating Engineer Prevailing Wage in Locality where Work is being Performed including Benefits. $ 28.49 Certified Welder, Boat Operator(licensed) $ 26.84 CLASS C Drag Barge Operator, Steward, Mate, Assistant Fill Placer, $ 26.14 Welder(please add)$ 0.06 Boat Operator $ 25.29 Page56 PreYa~ing Wage Rates for 07/0112011 - 06/30/2012 Last Published on May 01 2012 Published by the New York State Department of Labor PRC Number 2012004223 Suffolk County CLASS D Shoreman, Deckhand, Rodman, Scowman, Cook, Messman, Porter/Janitor $ 21.09 Oiler(please add)$ 0.09 SUPPLEMENTAL BENEFITS Per Hour: THE FOLLOWING SUPPLEMENTAL BENEFITS APPLY TO ALL CATEGORIES All Classes A & B 07/01/2011 $ 8.05 plus 7% of straight time wage overtime hours add $ 0.63 All Class C All Class D OVERTIME PAY See (B, F, R) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE $ 7.75 plus 7% of straight time wage overtime hours add $ 0.48 $ 7.45 plus 7% of straight time wage overtime hours add $ 0.23 Overtime: See (5, 6, 8, 15, 26) on HOLIDAY PAGE ~bn~l Enfl~lneer ~ Tren~less Pipe Rehab JOB DESCRIPTION Operating Engineer- Trenchless Pipe Rehab ENTIRE COUNTIES Nassau, Suffolk WAGES DISTRICT 4 IMPORTANT NOTE: This Category & Classifications are now located in Operating Engineers/Heavy Highway & Laborers/Heavy Highway. Per Hour: Robotic Unit Operator Technician/Boiler, Generator AM Liner/Hydra Seal Hobas Pipe, Polyethyene Pipe or Pull and Inflate Liner OVERTIME PAY HOLIDAY 07/01/2011 (SEE) Operator(class D) Operator(classes C&D) Laborer(Grp#3) Laborer(Grp#3) 4-25a-MarConst o~/oli2~1:~ Page 57 4-138TrchPReh Painter 05/01/2012 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Last Published on May 01 2012 Published by the New York Stale Department of l~abor PRC Number 2012004223 Suffolk County 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, Hewfett Park, tawood Lawrence, Lido Beach, Long Beach, parts of Lynbrook parts of OceansJde, parts of Va ey Stream, and Woodmere. Start ng on the South side of Sundse Hwy in Valley Stream runn ng east to Windsor and Rockaway Ave., Rockville Centre is the boundary line up to Lawson Blvd. turn right going west all the above terdtary. Starling 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 Wash ng on blvd.to St. Francis Hospital then north of first traffic light to Port Washin ton and Sands Point Manor HAven, Harbour Acres. g ' , WAGES Per hour: 07/01/2011-04/30/2012 Dr/wall Taper $ 39.25'* ** Premium pay to be calculated on $35.00 SUPPLEMENTAL BENEFITS Per hour worked: Journeyman 07/0112011 $ 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: Ist term $14.00 2nd term 23.44 3rd term 31.25 Premium Pay: 1si term $ 21.00 2nd term 31.50 3rd term 42.00 Suppemental Benefits: (per Hour) 1st year $ 9.75 2nd Year 13.52 3rd year 15.50 9-NYDCT9-DWT JOB DESCRIPTION Painter ENTIRE COUNTIES Bronx, Kings. Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester WAGES (Per hour) 07/01/2011 Brash $ 35.00 Abatement/Removal of lead based 35.00 or lead containing paint on materials to be repaintad. Spray & Scaffold 38.00 Fire Escape 38,00 Decorator 38.00 Paperhanger/Wall Coverer 36.40 DISTRICT 9 Page 58 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Depadment of Labor Last Published on May 01 2012 PRC Number 2012004223 Suffolk County 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 5/31/93 ( 1 ) year terms at the following wage rate, (per hour) Appr 1st term... $13.25 Appr 2nd term... 17.50 Appr 3rd term... 21.00 Appr 4th term... 28.00 Spplemental benefis: (per Hour worked) Appr 1st term... $10.86 Appr 2nd term... 14.73 Appr 3rd term... 17.64 Appr 4th term... 23.02 9-NYDC9-B/S 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, Putham, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schohade, Suffolk, Sullivan, Ulster, Warren, Washington, Westchesler 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 oulside th~ 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 Bddge Painling Contracts, ALL WORKERS on and off the bridge (including Flagmen) are to be paid Painter's Rate; the contract must be ONLY for Bddge Painting. SUPPLEMENTAL BENEFITS Per Hour Worked: Journeyworker Houdy Rate after 40 hours from May 1st to Nov. 15th Houdy Rate after 50 hours from Nov. 16th to April 30th *For the period of May 1st to November 15th: 07/01/2011 $ 31.04' $ 31.04'* $ 6.75 only $ 6.75 only Page 59 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department o1 ~,abor Last Published on May 01 2012 PRO Number 2012004223 Suffolk County 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 houdy rate shown above by date. EXCEPT for the first and last week of employment on the project, and for the weeks of Memodal 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 Apd130th: T~is rate shall be paid up to a maximum of fifty (50) hours worked per week. For all hours exceeding 50, the houdy rate shall drop to the houdy 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 'Badge Pa'at ag" c assifica ion. 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 foffowing percentage o[ Journeyworkers wage. Apprentices: 1st 07/01/2011 40% Supplemental Benefits: 2nd 3rd 60% 80% 1st Term: Same percentage as used for wage 2nd and 3rd term: Same percentage as used for wage 9-DC-9/806/155-BrSS 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 ore Includes but ~s not I m ted to Pos~trorsng of cones and d rect ng of traffic using hand held devices. Excludes the Driver/Operator equipment used in the maintenance and protection of traffic safely SUPPLEMENTAL BENEFITS Per hour paid: Joumeyworker. OVERTIME PAY See (B, E, P, S) on OVERTIME PAGE HOLIDAY Paid: Overtime: 07/01/2011 $13.06 See (5, 20) on HOLIDAY PAGE See (5, 8, 11, 12, 15, 16, 17, 20, 21, 22) on HOLIDAY PAGE Pai,ter, M~tal POii~h~r JOB DESCRIPTION Painter- Metal Polisher ENTIRE COUNTIES DISTRICT 9 9-8A/28A-LS 05/0'f12~ ~ Page 60 Prevailing Wage Rates for 07/0112011 - 06/30/2012 Published by the New York State Depadment of Labor t_ast Publl'shed on May 01 2012 PRC Number 2012004223 Suffolk County Albany, Ailegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cod[land, Delaware, Dutchess, Ede, Essex, Franklin, Fulton, Genesee, Greene, Hamillon, Herkimer, Jefferson, Kings, Lewis, Li¥ingslon, Madison, Monroe, Montgomery, Naaeau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Odeans, Oswego, Otsego, Putnam, Queena, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yatea 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 sca[folds 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-SN28A-MP JOB DESCRIPTION Plasterer ENTIRE COUNTIES Kings, Nassau, Queens, Suffolk PARTIAL COUNTIES New York: Includes work in all Islands in New York City, except Manhattan. 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) ( I ) year terms al the following % Journeyworkers wage rate. DISTRICT 9 First year: 1st 6 months 2nd 6 months 40% 45% Second year: 1st 6 months 2nd 6 months 55% 60% Third year: 1st 6 months 2nd 6 months 70% 75% Supplemental Benefits: (per hour paid): (1) year term broken down into six month periods: Page 61 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Last Published on May 01 2012 Published by the New York State Department of labor PRC Number 2012004223 Suffolk County 1st year: 1st six months 2nd six months 3rd six months 4th six months 5th six months 6th six months PlUmber $8.37 9.35 11.35 12.33 14.33 15.33 9-530-Z1 05t0~11201~' JOB DESCRIPTION Plumber ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 Plumber MAINTENANCE ONLY $ 29.46 DISTRICT 4 (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: 97/01/2011 Plumber MAINTENANCE ONLY $9.70 OVERTIME PAY OVERTIME PAY See (B, J) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6, 15, 16) on HOLIDAY PAGE HOLIDAY REGISTERED APPRENTICES One(l) Year Terms, WAGES Per Hour as Follows: 07/01/2011 1st term $15.00 2nd term $16.15 3rd term $17.35 4th term $18.61 5th term $19.91 SUPPLEMENTS PER HOUR 1st term $ 9.00 2nd term $ 9.00 3rd term $ 9.00 4th term $ 9.00 5th term $ 9.00 P umbe~ ,JOB DESCRIPTION Plumber ENTIRE COUNTIES Nassau, Suffolk DISTRICT 4 Page 62 4-200 Maintance 05101i20~ ~ Prevailing Wage Rates for 07/01/2011 - 06/3012012 Published by the New York State Department of Labor ,Last Pubflshed on May 01 2012 PRC Number 2012004223 Suffolk County WAGES Per Hour: 07/01/2011 Plumber/ PUMP & TANK $ 43.24 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Plumber $ 22.07 OVERTIME PAY See (B, N, V) on OVERTIME PAGE (V) Sunday & Holidays Only HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Tenms at the Following Wage Per Hour: 07/01/2011 1st Term $10.08 2nd Term 15.77 3rd Term 21.47 4th Term 27.40 Supplemental Benefits per hour: 1st Term $ 10.94 2nd Term 11.54 3rd Term 12.49 4th Term 12.59 4-200 Pump & Tank JOB DESCRIPTION Plumber ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 Plumber $ 48.48 SUPPLEMENTAL BENEFITS SUPPLEMENTAL BENEFITS 07/01/2011 Per Hour: Plumber $ 29.68 OVERTIME PAY See (A, O, V) on OVERTIME PAGE CODE "V" is only for SUNDAYS and HOLIDAYS WORKED HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE HOLIDAY REGISTERED APPRENTICES One(l) Year Terms at the following percentage of Plumbers Rate: DISTRICT 4 Page 63 Plumber 0510t/2012 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of L~bor Last Published on May 01 2012 PRC Number2012004223 Suffolk County 1st Term 2nd Term 3rd Term 4th Term 5th Term 30% 40% 50% 60% 70% Supplemental Benefits per hour: 07/01/2011 lstTerm $16.27 2ndTerm $18.65 3rdTerm $ 20.01 4thTerm $ 21.53 5th Term $ 23.11 4-200 Roofer 0510~12Q~:~ JOB DESCRIPTION Roofer ENTIRE COUNTIES Nassau, Suffolk WAGES Rate Per Hour 07/01/2011 DISTRICT 4 Roofer/VVaterproofer $ 37.50 SUPPLEMENTAL BENEFITS Per Hour: 07,/01/2011 Roofer/VVaterproofer $ 25.37 OVERTIME PAY Per Hour: NEW ROOF SEE (B,E,Q) RE-ROOF SEE (B,E,E2,Q) HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 13, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES (1) Year terms at the following pecentage of Roofers/Waterproofem Wage 1st 2nd 3rd 4th 40% 50% 70% 80% Supplemental Benefits per hour: 1st Term ~; 2.00 2nd Term 6.33 3rd Term 14.67 4th Term 19.96 JOB DESCRIPTION Sheetmetal Worker ENTIRE COUNTIES Bronx, Kings, Nassau, New York. Queens, Richmond, Suffolk Page 64 DISTRICT 4 4-154 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department oi' Labor Last Publ(shed on May 01 2012 PRC Number 2012004223 Suffolk County WAGES Per Hour: 07/01/2011 $48.15 Sheetmetal Worker For Temporary Operation or Maintenance of Fans $39.17 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Sheelmetal 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: 16,38 518.71 H9.84 ;21,46 ;22.96 ;24.93 ~24.93 ;28.72 (1/2) Year Term: 1st 2nd 3rd 4th 5th 6th 7th 8th Supplemental Benefits per hour: 1st $16.57 2nd $18.20 3rd $19.84 4Ih $21.46 5th $22.96 6th $24.93 7th $24.93 8th $28.72 Sheetmetal WOrker JOB DESCRIPTION Sheetmetal Worker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per Hour: 07/01/2011 07/16/2012 SIGN ERECTOR $47.20 Add. S1.75 *NOTE: Overhead Highway Signs and Structurally Supported Signs (See IRON WORKER CLASS) SUPPLEMENTAL BENEFITS PER HOUR 07/01/2011 07/16/2012 $33.94 OVERTIME PAY See (A, F, S) on OVERTIME PAGE Add. S2.10 Page 65 DISTRICT 9 4-28 Prevailing Wage Rates for 07/01/2011 - 06/3012012 Last Published on May 01 2012 Published by lhe New York State Department of,Labor PRC Number 2012004223 Suffolk County 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 (1/2) 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 1st $ 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 JOB DESCRIPTION Steamfitter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour 07/01/2011 9-137-SF Steamfitter, Sprinkler Fitter For Work on Temporary Heat & Air Conditioning *Increase to be allocated at a later date. SUPPLEMENTAL BENEFITS Per Hour $ 52.40 *Additional $3.00/Hr $ 40.54 *Additional $3.00/Hr Steamfitter, Sprinkler Fitter $ 45.91 For Work on Temporap/Heat $ 37.03 & Air conditioning OVERTIME PAY See (C, *D, O, V) on OVERTIME PAGE (*O) 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 Ovedime: See (5, 6, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES DISTRICT 9 Page 66 Prevailing Wage Rates for 07/01/2011 - 0613012012 Published by the New York State Department of Labor Last Published on May 01 2012 PRC Number 2012004223 Suffolk County Wages per hour worked: ( 1 ) year terms at the following percentage of Journeyworkers wage. Apprentices: 1 st 2nd 3rd 40% 50% 65% Suppelmental Benefits: (1) year term at the following dollar amounts: Apprentices: 1 st 2nd 07/01/2011 $18.73 $23.14 3rd $29.75 4th 80% 5th 85% 4th $36.35 5th $38.56 9-638A-StmSpFtr Steamfitter JOB DESCRIPTION Steamfitter ENTIRE COUNTIES Bronx. Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2011 Steamfitler/Maintenance & $ 34.55 AC Service Work *Additional $1.00 Refrigeration, NC, Oil Burner and Stoker Service and Repair. Refrigeration Compressor installation up to 5bp (combined). Air Condition / Heating Compressor installation up to 10bp (combined). *Increase to be allocated at a later date SUPPLEMENTAL BENEFITS Per Hour Steamfitter/Maintenance & $10.52 AC Service Work OVERTIME PAY OVERTIME:....See ( B, E, Q*, S** ) on OVERTIME PAGE. HOLIDAY HOLIDAY: Paid: ........ See ( 2. 6, 9, 10, 11, 15, 17, 26,Memorial Day) on HOLIDAY PAGE. Overtime:.... * ( 2,6,9, 15, 17) · * ( 10, 11, 26, Memorial Day ) DISTRICT 9 9*638B-StmF~Ref Survey Crew Consulting JOB DESCRIPTION Survey Crew Consulting DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Dutchess: Only lhe 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 Consuging Engineer agreement. Categories cover GPS & underground surveying. WAGES: (per hour) 07/01/2011 Page 67 Prevailing Wage Rates for 07/0112011 - 06/30/2012 Published by the New York State Department of Labor Last Published on May 01 2012 PRC Number 2012004223 Suffolk C~unty Survey Rates: Party Chief. .... $ 33.70 Instrument Man.. $ 28.38 Rodman .......... $ 25.02 SUPPLEMENTAL BENEFITS Per Hour 07/01/2011 mi 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 TeamSter AsPhalt Oelive~ JOB DESCRIPTION Teamster- Asphalt Delivery ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 DISTRICT 4 Heavy Construction Work: Shall include the supply of Asphalt I~or constructioe, improvement and modification of all or any part of Streets, Highways, Bridges, Tunnels,Railroads, Canals, Dams, Airports, Schools, Power Generafioe Plants. "TRUCK DRIVER" 9-15dconsult 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: 07t01/2011 "Heavy Construction Work" "TRUCK DRIVER" Asphalt Delivery $ 33.82 "Light Construction Work" "TRUCK DRIVER" Asphalt Delivery $16.50 OVERTIME PAY See (B, *B2, E, **1, P, ***R, '***U) on OVERTIME PAGE (NOTE) PREMIUM PAY of 25% on straight time hours for New York State D.O.T. and or other 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 ~-ast Publfshed on May 01 2012 PRC Number 2012004223 Suffolk County Over[ime: See (5, 6, '16, **25) on HOLIDAY PAGE NOTE:(*16) Paid at Double if Worked. (**25) Paid at Double if Worked. JOB DESCRIPTION Teamster- Building ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 Truck Driver (Building Demolition & Debris) Trailers $ 28.33 Straight Jobs 28.03 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 DISTRICT 4 4-282 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 05/0t/2017 JOB DESCRIPTION Teamster- Delivery of Concrete ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 Heavy Construction Work: DISTRICT 4 "TRUCK DRIVER" Concrete Delivery $ 23.00 SUPPLEMENTAL BENEFITS Per Hour: 07/0112011 "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 Shall Include the supply of Ready-Mix Concrete for construction, improvment and modification of all or any par[ of Streets, Highways, Bridges, Tunneta, 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, Apar[ment Buildings, including Driveways, Streets and Curbs within those projects. Parking Lots and Office Buildings. Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of l.abor Last Published on May 01 2012 PRC Number 2012004223 Suffolk Cou.t¥ (*1) Applies only to Light Construction Work. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, '16, **25) on HOLIDAY PAGE NOTE:(*16) Paid at Double if Worked. (*'25) Paid at Double if Worked. eamster;-Hea~&H[~hway JOB DESCRIPTION Teamster- Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2011 DISTRICT 4 4-282ns 05tO1/2~t2 Heavy Construction Work: Shall include the construction, improvement or modification of all or any part of streets, highways, Bddges, Tunnels, Railroads, Canals, Dams, Airports, Schools, Power Generation Plants. Site Excavating (Chauffeurs) $ 33.37 Light Construction Work: Shall include the construction, improvment and modification of Single & Multi Family Homes, Town Houses, Apartment Buildings, including driveways, Streets and Curbs within those projects. Parking Lots and Office Buildings. Site Excavating (Chauffeurs) $18.50 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2011 Heavy Construction Work Chauffeurs Light Construction Work $ 33.82 Chauffers $16.50 OVERTIME PAY See lB, *B2, E, **l, 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. JOB DESCRIPTION Welder DISTRICT 1 ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland Delaware Dutchess, Ede, Essex, Franklin, Fulton, Genesee, Greene, Hamilton Herkimer, Jefferson Kings, Lewis, Livingston, Madison, Monroe Montgomery, Nassau New York, Niagara, One da, Onondaga, Ontar o, Orange, Odeans, 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 4-282 05/0~120rl ,~ Welder (To be paid the same rate of the mechanic performing the work) OVERTIME PAY Page 70 Prevailing Wage Rates i~or 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor East Pubtif~hed on May 01 2012 PRC Number 2012004223 Suffolk County HOLIDAY 1-As Per Trade Page 71 Prevailing Wage Rales for 07/01/2011 - 06/30/2012 Last Published on May 01 2012 Published by the New York State Department of Labor PRC Number 20120(~4223 Overtime Codes Following is an explanation of the code(s) lis ed n the OVERTIME semion of each classification contained in the attached schedule. Additional requirements may also be listed in the HOLIDAY section. (A) (AA) (@) (B1) (B2) (c) (C1) (D) (D1) (E) (El) (E3) (E2) (E4) (F) (G) (H) (I) (J (K (L (M (N (O (P (Q (R (S) (Sl) (T) Time and one half of the houdy rate after 7 hours per day Time and one half of the houdy rate after 7 and one half hours per day Time and one half of the hourly rate after 8 hours per day Time and one half of [he houdy rate for the 9th & 10th hours week days and the 1st 8 hours on Saturday. Double the houdy rate for all additional hours Time and one half of the houdy rate after 40 hours per week Double the houdy rate after 7 hours per day Double the houdy rate after 7 and one half hours per day Double the houdy rate after 8 hours per day Double the houdy rate after 9 hours per day Time and one half of the houdy rate on Saturday Time and one ha~l' 1st 4 hours on Saturday Double the houdy rate all additiona~ Saturday hours Between November 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost dudng [hat week due to inclement weather, provided a given employee has worked between 16 and 32 hours that week Saturday may be used as a make-ap day at straight 6me when a day is lost during that week due to inclement weather Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather Time and one half of the houdy rate on Saturday and Sunday Time and one half of the hourly rate on Saturday and Holidays Time and one half of the hourly rate on Saturday, Sunday, and Holidays Time and one half of the hourly rate on Sunday Time and one half of the hourry rate on Sunday and Holidays Time and one half of the hourly rate on Holidays Double the houdy rate on Saturday Double the houdy rate on Saturday and Sunday Double the houdy rate on Saturday and Holidays Double the houdy rate on Saturday. Sunday, and Holidays Double the houdy rate on Sunday Double the houdy rate on Sunday and Holidays Double the houdy rate on Holidays Two and one half times the hourly rate for Holidays, if worked Two and one half times the houdy rate the first 8 hours on Sunday or Holidays One and one half times the houdy rate all additional hours. Tdple the hourly rate for Holidays, if worked Page 72 Prevailing Wage Rates for 07/01/2011 - 06/30/2012 Published by the New York State Department of Labor Last Pubflshed on May 01 2012 PRC Number 2012004223 ( U ) Four times the houdy rate for Holidays. if worked ( V ) Including benefits at SAME PREMIUM as shown for overtime ( W ) Time and one half for benefits on all overtime hours, NOTE:BENEFITS are PER HOUR WORKED,for each hour worked, unless otherwise noted Page 73 Prevailing Wage Rates for 0710112011 - 06/30/2012 Last Published on May 01 2012 Published by the New York State Depadment of L~bor PRC Number 20120047,.;~ Holiday Codes PAID Holidays: Paid Holidays are days for which an e g b e employee receives a regular day's pay, but is not required to erfarm work f an works on a day listed as a paid holiday, this remuneration is in additlnn fn r=~vmon},'~f fl~o mn,ilr~.;I - .,.P .... . n, emplo~.ee performed. -...- ,-_. ............. .~..~u prevat*lng ra[e ior [ne worK actually OVERTIME Holiday Pay: Ovedime 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 applicabre holidays are listed under HOLIDAYS: OVERT ME,The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. Following is an explanation of he code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as sted below are to be paid at the wage rates at which the employee is normally classified. ( 1 ) None ( 2 ) Labor Day ( 3 ) Memodal Day and Labor Day ( 4 ) Memodal Day and July 4th ( 5 ) Memedal Day, July 4th, and Labor Day ( 6 ) New Year's, Thanksgiving, and Christmas ( 7 ) Lincoln's Bidhday, Washington's Birthday, and Veterans Day ( 8 ) Good Friday ( 9 ) Lincoln's Birthday ( 10 ) Washington's Birthday ( 11 ) Columbus Day ( 12 ) Election Day ( 13 ) Presidenfial Election Day ( 14 ) 1/2 Day on Presidential Election Day ( 15 ) Veterans Day ( 16 ) Day after Thanksgiving ( 17 ) July 4th ( 18 ) 1/2 Day before Christmas ( 19 ) 1/2 Day before New Years ( 20 ) Thanksgiving ( 21 ) New Year's Day ( 22 ) Christmas ( 23 ) Day before Christmas ( 24 ) Day before New Year's ( 25 ) Presidents' Day ( 26 ) Martin Luther King, Jr. Day ( 27 ) Memorial Day Page 74 New York State Department of Labor - Bureau of Public Work State Office Building Campus Building 12 - Room 130 Albany, New York 12240 REOUEST FOR WAGE AND SUPPLEMENT INFORMATION As Required by Articles 8 and 9 of the NYS Labor Law Fax (518) 485-1870 or mail this form for new schedules or for determination for additional occupations. I This Form Must Be Typed [ Submitted By: (Check Only One) Contracting Agency [] Architect or Engineering Finn [] 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 [- (t:heckifneworchange) Telephone: ( ) Fax: ( ) E-Mail: 2 NY State Units (see Item 5) [] 01 DOT [] 02OGS [] 03 Dormitory Authority [] 04 State University Construction Fund [] 05 Mental Hygiene Facilities Corp. [] 06 OTHER N.Y. STATE UNIT [] 07 City [] 08 Local School District [] 09 Special Local District, i.e., Fire, Sewer, Water District [] 10 Village [] 11 Town [] 12 County [] 13 Other Non-N.Y. State (Describe) 3 SEND REPLY TO [] check if new or change) Name and comple e address: Telephone:( ) Fax: ( ) E Mail: PROJECT PARTICULARS 5 Project Title Description of Work Contract Identification Number Note: For NYS units, the OSC Contract No. 7 Nature of Project - Check One: [] 1. New Building [] 2. Addition to Existing Structure [] 3. Heavy and Highway Construction (New and Repair) [] 4, New Sewer or Waterline [] 5, Other New Construction (Explain) [] 6. Other Reconstruction, Maintenance, Repair or Alteration [] 7 Demolition [] 8. Building Service Contract 4. SERVICE REQUIRED. Check appropriate box and provide project information. [] New Schedule of Wages and Supplements. APPROXIMATE BID DATE: [] Additional Occupation and/or Redetermination FO. OFFICE USE ONLY 6 Location of Project: Location on Site Route No/Street Address Village or City Town County OCCUPATION FOR PROJECT: ~ Construction (Building, Heavy Highway/Sewer/Water) [] Tunnel [] Residential [] Landscape Maintenance [] Elevator maintenance [] Exterminators, Fumigators [] Fire Safety Director, NYC Only [] Guards, Watchmen [] Janitors, Porters, Cleaners, Elevator Operators E] Moving furniture and equipment [] Trash and refuse removal [] W~ndow cteaners [] Other (Desc, dbe) 9. Has this project been reviewed for compliance with the Wicks Law involving separate bidding? YES [] NO [] 10. Name and T tie of Requester I Signature PW 39 (04 111 SEE PAGE TWO FOR LAWS RELATING TO PUBLIC WORK CONTRACTS PAYROLL CERTIFICATION FORM (Name of Signatory Party) (Title) do hereby state: 1. That 1 pay or supervise the payment of the persons employed by (Contractor or Sub-Contractor) on the ; that during the payroll period commencing (Project or Work) on the day of ,20 __, and ending the day of ,20 __, all persons employed on said project have been paid the full weekly wates em'ned (except as noted Column 10 - Front of Form )~ that no rebates have been or will be made either directly or indirectly to or on behalf of said contractor, from the full weekly wages earned by any person and that (Name of Signatory Party) no deductions have been made either directly or indirectly from the full wages earned by any person other than permissible deduclions as defined by Regulation issued by the New York State Department of Labor. If any wages unpaid, as reported in Column 10 on the front of this form, explain below: 2. That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers, mechanic, journeymen, skilled and semi-skilled laborer and apprentices contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set fo~h therein for each laborer, mechanic, journeyman, skilled and semi-skilled laborer and apprentice conform with work he performed. 3. That any apprentices employed in the above period are duty registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the New York Bureau of Apprenticeship and Training, Department of Labor and Industry. That (a). WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS OR PROGRAMS In addition to the basic hourly wage rates paid to each laborer, mechanic, journeyman, skilled and strut-skilled laborer and [] apprentice listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employee, except as noted in Section 4 (c) below. (b). WHERE FRINGE BENEFITS ARE PAID IN CASH Each laborer, mechanic, journeyman, skilled and simi-skil led laborer and apprentice listed in the above referenced [] payroll, has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the conttact, except as noted in Section 4 (c} below. (c). EXCEPTIONS SIGNATURE NAME and TITLE I SIGNATURE The willful falsification of any of the above statements may subject the contractor or sub-contractor to civil or criminal prosecution. (NOTARY & SEAL) PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS (for Contractor and Sub-Contractor's use for Weekly and Final Certification) NAME OF ]--1 CONTRACTOR, OR [~ SUB-CONTRACTOR: ADDRESS OF CONTRACTOR OR SUB-CONTRACTOR: DATE WAGE DUE & PAID: Telephone No, Week Ending or Final Certification: Project Name & Location: I Prevailing Wage Serial Number:. Agency Project Number,, ~i' ' ~ SIMITIwIT FIS DEDUCTIONS Name, Address and oI I TOTAL RATE GROSS Nl~r ~= ClassificationW°rk ~. I I HOURS OF AMOUN~ WITH- TOTAL P~iD I=OR UNPAID WAGE AMOUNT~ Social Security Number ~ of Employee Z ~ ~ ~) HOURS WORKED EACH DAY PAY EARNED F 1 C A HOLDI~C STATE DEDUC- WEEK TAX TIONS O S O S O S O S O S O S O S O S O S NEW YORK STATE DEPARTMENT OF LABOR PREVAILING WAGE DIVISION COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: 1. The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $ lO,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Highway Barn Roof Specification L-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. Highway Bam Roof Specification L-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, howeve[, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Required Information (a) Requirements for prime contractors and subcontractors. ('~) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) Th.e 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. Highway Barn Roof Specification L-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 361 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. Highway Barn Roof Specification L-4 ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. 100 Stock Number 7540-926-2049 Title Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENTSTANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Highway Barn Roof Specification L-5 Eo Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Sub-grantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and sub-grants of amounts in excess of $ 100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations Issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility Improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. Ail contracts and sub-grants in excess of $ 10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or sub-grantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or sub-grantees and to assure that suspected or reported violations are promptly investigated. Highway Bam Roof Specification L-6 to the 1. COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract.shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e, which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); 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; (c) Highway Barn Roof Specification L-7 e (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six Consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described In this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. Highway Bam Roof Specification L-8 DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: A. The work in this project includes the demolition of the existing roof system. This will include the disconnection of all building utilities as needed and the protection of all roof penetrations. B. The Contractor shall be responsible for the protection of all existing building features and site improvements that are to remain. All preventable damage caused by construction activities to existing facilities or structures shall be repaired by the Contractor at His/Her Cost. C. The Contractor shall be responsible for maintenance and protection of vehicular & pedestrian traffic to and from the Highway facility dudng construction. Proper Signage and Barricades to secure active construction areas shall be the Contractors responsibility. D. The work in this project covers all aspects of the installation for a new roof system to serve the existing Highway Barn facility. All work shall conform to the specifications provided herein and shall conform to standard construction practice. All work shall meet the minimum requirements of the roof manufacturer's specification and installation guidelines. E. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transpodation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred there from. F. The intent of these contract documents shall also include the replacement of new roof sheathing where needed or required. The Contractor shall vedfy all quantities of needed sheathing replacement with the Town of Southold prior to the commencement of sheathing removal or replacement. The Contractor shall provide all necessary safeguards as needed or required to prevent injury from encounter with rotten sheathing during the construction phase of the project. The Unit Pdce for replacement sheathing shall be as defined by the Proposal Form. G. This contract includes all site work necessary or as needed for the completion of the specified work. H. The contractor may store his materials and equipment on the work site but the Town of $outhold will not be responsible for damage or theft of same. I. In the event that anything reasonable, necessary or proper for the complete performance of the work to produce a first class finished job, has not been described in these specifications clearly, through oversight or palpable error, the Contractor shall, not-withstanding, execute and provide all omitted works and things as if they were severally described, without extra charge and to the satisfaction of the Town's authorized representatives. Page 1 Highway Barn Roof Specifications 1.02 CONSTRUCTION FACILITIES & TEMPORARY CONTROLS A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades dudng construction and shall pay for all electrical power. B. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and ventilation during construction to prevent freezing of materials, reasonable comfort for the workmen, and proper conditioning for installing finish materials. C. TEMPORARY WATER: The Contractor shall provide a temporary potable water supply for all trades during the construction period. 1.03 CONSTRUCTION SITE SAFETY & BARRIERS The contractor is specifically advised that he shall be responsible for on-site safety in regard to his area of work and shall indemnify and hold harmless the Town of Southold and the Architect from any and all claims resulting from on-site accidents or safety conditions. A. Barricades and warning devices shall be provided around all active construction areas and other hazardous areas during construction. The project site shall be maintained in accordance with Uniform Statewide Building Code and local requirements. B. The Contractor shall maintain access to the Town Hall facility at all times during construction C. The contractor shall be responsible for field investigation related to all deteriorated sheathing and shall provide all temporary support and safeguards needed to prevent injury due to any encounter with "failed" Sheathing. 1.04 SUBSTITUTIONS A. The contractor may submit substitutions for products specified herein, where such substitutions are allowed. Requests for substitutions shall be submitted with complete data necessary to substantiate compliance with the contract documents. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. No claims for additional costs related to substitutions will be allowed. 1.05 DISPOSAL All debris shall be contained in a certified waist container. The stockpiling of Debris generated by this project shall not be permitted. All full containers shall be removed from site within 24 hours. A. Burning of material on site will not be permitted. B. All debris generated from this project shall be removed from the site daily as it accumulates. C. Should the contractor elect to continue work beyond normal working hours, material to be removed shall not accumulate for more than 48 hours. All debris generated by the demolition work under this contract shall be disposed of by the Contractor at His/Her Expense. Page 2 Highway Barn Roof Specifications CONSTRUCTION SPECIFICATIONS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 7000 - THERMAL & MOISTURE PROTECTION Part 1 General 1.01 GENERAL DESCRIPTION: A. Provide New Membrane roofing where indicated or required. B. Provide New Asphalt roofing on 30# felt where indicated or required. 1.03 QUALITY ASSURANCE: A. Acceptable Manufacturers; Roofing: 1. EPDM Membrane roofing system as manufactured by Firestone. Or approved Equal. 2. Asphalt Roof Shingles as manufactured by Johns-Manville. Or Approved Equal. B. Acceptable Manufacturers; High Density Fiberboard Roof Insulation: 1. Knight-Celotex Fiberboard as manufactured by Celotex. C. The roofing Contractor shall be certified by the manufacturer and shall have a minimum of five (5) years experience as a roofing contractor. D. All materials and workmanship shall conform with the manufacturer's standard specifications for New Roofing for Membrane Roof and Asphalt reof systems. The newest and most updated manufacturer's specifications and installation guidelines are hereby made a part of this section as if fully repeated herein these specifications. 1.05 WARRANTY: A. The roofing contractor shall furnish the Town of Southold with all extended manufacturer's warranties relating to materials and he shall further guarantee all labor and installation techniques for a period of not less than five (5) years. Part 2 Products: 2.01 Materials: .060" thick EPDM Membrane roofing as manufactured by Firestone. Asphalt roof shingles - Architectural Grade with Lifetime warranty. (Color as selected by the Town.) 30# Asphalt impregnated building felt. Page 3 Highway Barn Roof Specifications 2.01 GENERAL This section of Firestone's Technical Hanual provides instructions for the installation of Firestone's RubberGard R.M.A. System. Reference to the Design Guide, Technical [nformaUon Sheets (T.[.S.), and other sections of Firestone's Technical Specifications is necessary to ensure that the finished roof system is installed in compliance with Firestone requirements. 15, 20, and 25 year warranties and wind warranties in excess of 55 mph, may require special considerations with regards to fasteners, plates, insulations, membrane gauge, and attachment requirements. Refer to the System Design Guide of this Technical Database for specific requirements. NOTE: IF A PROPOSED APPLICATION FALLS OUTS[DE OF THIS SPECIFICATION, CONTACT FIRESTONE TECHNICAL SERVICES FOR ADDITIONAL INFORMATION. 2.02 JOB SITE CONSIDERATIONS (CAUTION AND WARNINGS) A. SAFETY: 1. Comply with all applicable regulatory safety regulations. 2. Keep all adhesives, sealants and cleaning materials away from ALL ignition sources (i.e., flames, fire, sparks, etc.). Do not smoke while using these materials. 3. Consult container labels, Material Safety Data Sheets and Technical Information Sheets for specific safety instructions for all products used on the project. 4. Care must be used when installing fasteners to avoid possible conduits and other piping in and under the deck. 5. Fumes from adhesive solvents may be drawn into the building during installation through rooftop intakes. Refer to Firestone's Technical Information Sheet ~Recommended Guidelines for Application of Roofing Materials to an Occupied Building". 6. Do not use heat guns or open flames to dry adhesives and primers. B. CAUTIONS: 1. Store Firestone RubberGard EPDH membranes in the original undisturbed plastic wrap in a manner to protect it from becoming damaged. Insulation must be properly stored and protected from ignition sources, moisture and damage. Consult container labels, Material Safety Data Sheets and Technical Information Sheets for specific safety, use and storage instructions for all products used on the project. 2. Do not use oil-base or bituminous-base roof cement with Firestone RubberGard EPDH membrane. 3. Store Firestone Insulations properly protected from ignition sources, moisture and damage. C. COLD WEATHER: 1. When the outside temperature is below 40 °F (4.4 °C), certain combinations of temperature and humidity may cause condensation on the surface of solvent- based adhesives and primers. If this condition occurs, discontinue the application. When the ambient air conditions no longer cause condensation on adhesive surfaces and the membrane is clean and dry then re-apply additional adhesive or palmer and proceed. Highway Barn Roof Specification Page 4 2. The consistency of sealants, adhesives and primers will begin to thicken as the temperature drops. To minimize this, the following is recommended: a) Start work with sealants, adhesives and primers that have been stored between 60° F and 80° F (15.5o C and 26.7° C). ]'nsulated and heated boxes may be helpful. 13) Complete test areas to determine if conditions will cause problems such as condensation with the application of the material. c) Stop the operation or change to another warm container when material becomes too thick to properly apply. 3. Do not use heat guns or open flames to dry adhesives and primers. 4. When the outside temperature is below 40° F (4.4o C), installation of the Firestone RubberGard EPDM System requires additional application procedures: Ensure that the roof surface is dry. Hoisture may cause poor adhesion, and may lead to moisture entrapment within the roofing system. Use of temporary roofs should be considered when roof applications must occur in cold or potentially wet weather to permit continued interior construction or roof- top work to proceed. 5. If using Water-Based Bonding Adhesive (WBBA), temperatures and substrate must be at least 40 °F (4.4 °C) and rising for the material to be applied and perform as designed. Longer drying times should be expected for lower temperatures and higher humidity. 2.03 ROOF SUBSTRATE PREPARATION A. CORRECT SUBSTRATE DEFECTS: 1. Defects that need to be corrected before work can commence should be brought to the attention of the General Contractor or Owner in writing and addressed by them. 2. For re-roofing applications, remove existing roof system components as specified by the project designer. If components are discovered during installation that could be detrimental to the performance of the new roof system, they should be brought to the attention of the project designer for corrective action. 3. If soundness and integrity of the existing roof system cannot be verified, good roofing practice requires a complete tear-off to the structural deck. However, recovering an existing roof system is an alternative to removing existing roof components. Non- destructive testing, in conjunction with core cuts, must be completed to determine the condition of the existing roof system and decking. 4. The building owner or project designer is responsible for assuring that all wet insulation and/or wet substrate materials are removed in a re-roofing application. The best diagnostic technique is taking and evaluating a series of roof cuts. There are three other techniques that are currently available to make this determination by indirect means: These are: .El nuclear moisture detection - ~] infrared thermography -&~ .El electric capacitance These techniques provide measurement of factors that can be associated with the presence of moisture, which can then be verified with the use of roof core cuts to confirm the results of the non-destructive testing. 5. In the absence of a design professional, the roofer should coordinate with the building owner to assure conditions are satisfactory to commence with the project as designed. B. REt4OVE MO:[STURE: 1. Ponded water, snow, frost and/or ice, present in more than trace amounts must be removed from the work surface(s) prior to installing the RubberGard EPDM Roofing System. Highway Barn Roof Specification Page 5 C. PREPARE SURFACE: 1. Acceptable substrates to which the RubberGard EPDM Roofing System is installed must be properly prepared prior to roof system installation. The surface must be relatively even, clean, dry, smooth, free of sharp edges, fins, loose or foreign materials, oil, grease and other materials that may damage the roof system. Rough surfaces that could cause damage to the membrane must be overlaid with insulation. D. FTLL VOIDS: 1. All surface voids of the immediate membrane substrate greater than 1/4" (6.35 mm) wide must be filled with insulation. 2.04 WOOD NAILER LOCATION AND INSTALLATION Wood nailers must be installed as specified by the project designer or as noted in Firestone Details and the EPDM System Design Guide. Install wood nailers as follows: Firestone Building Products no longer requires the use of treated wood nailers. This is due to the new EPA requirements that have caused treated lumber to have more corrosive properties than the previous generation of wood treatments. See Technical Bulletin dated March 3, 2005. If architectural specifications require the use of treated wood nailers, the following Firestone requirements apply: El. Refer to the Firestone Design Guide for the appropriate Firestone fastener to be used for securing membrane into wood nailers. E]. Nails penetrating treated wood nailers must be hot-dipped galvanized, meeting ASTM A653, Class G185 or as currently recommended by industry associations. El. Aluminum fasteners, flashings and accessory products must not make direct contact with treated wood nailers. ~ Uncoated metal and painted metal flashing and accessories, except for 300- series stainless steel, must not make direct contact with treated wood nailers. ~ When in doubt of the type of treatment of the wood nailer or its compatibility with a metal component, use EPDM membrane as a separator. Because of recent EPA regulations regarding treated wood, new treatments for lumber may be highly corrosive to fasteners. Contact the fastener manufacturer for their recommendations on fasteners if attaching nailers that have been treated with corrosive materials. A. WOOD NAILER GRADE: 1. When wood nailers are used, Firestone specifications require the use of wood that is kiln-dried (Southern Pine, Douglas Fir) structural grade #2 or better, unless otherwise noted. While being stored on the roof, properly elevate and cover non- treated wood to protect from the weather and keep dry. Nailers must be properly anchored to provide secure attachment through the warranty term. Nailers are not covered by the Firestone warranty. B. SIZE OF NAILER 1. Nailers shall be a minimum thickness of 2" x 4" nominal (1-1/2' (37.1mm) x 3- 1/2" (89mm)) and exceed the width of any metal flange attached to it by a minimum of 1/2" (12.7mm). C. POSITION WOOD NAILER 1. Total wood nailer height must match the total thickness of insulation being used and should be installed with a 1/8" (3.2 mm) gap between each length and each change of direction. When more than one nailer thickness is used end joints should be staggered a minimum of 12" from the prior layer in straight runs. Highway Barn Roof Specification Page 6 D. SECURE WOOD NAILER 1. Wood nailers must be firmly fastened to the deck or building. Mechanically fasten wood nailers to resist a minimum force of 200 Ib/f (890 N) in any direction. Defer to attachment requirements of the roofing system as specified by the project designer if greater than 200 Ibf (890 N). E. TAPER WOOD NAI'LER 1. The wood nailer must be tapered (if applicable) so that it will always be flush at the point of contact with the insulation (refer to Firestone Details). F. POURED-IN-PLACE DECKS 1. For new construction over poured-in-place decks or fill, and all recover projects, a waterproof separator membrane shall be placed between the non-treated lumber & deck. G. INSTALLATION OF WOOD NAILERS BY OTHERS 1. Make these specifications and details available when nailers are to be installed by others. Work that compromises the integrity of the roof system may jeopardize the roof warranty. H. FOR ADDLrl'IONAL INFORMATION 1. Please consult the NRCA Special Report, "Use of Treated Wood in P,oof Assemblies." 2.05 AIR OR VAPOR BARRIER INSTALLATION A. INSTALL VAPOR RETARDER (WHEN SPECIFIED): 1. Install a vapor retarder as specified by the project designer as required by Firestone. B. ZNSTALL AIR BARR:IER (WHEN SPEC1;FIED) 1. Install an air barrier as specified by the project designer or as required by Firestone. 2.06 MEMBRANE SECUREMENT AND INSTALLATION (QSRMA ATTACHMENT) A. Install the (~uickSeam R. f4.A. Strip: Mechanically Attach the (~uickSeam R.M.A. strips to the substrate with an approved fastener and a Firestone "V" plate or Batten Bar per Firestone specifications. Do not remove release paper until Single-Ply (~uickPrime Primer is applied and membrane is ready for installation. Should a batten bar be used, it is required to caulk the fastener heads with AP Sealant and round the corners prior to installation. Note: Precaution should be taken to ensure that the R.M.A. strips are installed perpendicular to the steel deck. B. Position the EPDI~I Sheets: Place membrane panel, without stretching, over the installed C~SRMA Strip and allow to relax for a minimum of 30 minutes before splicing or attaching. During cold weather application, it is recommended that the smallest panels be used to minimize folds. (Larger panels have factory folds which may take longer to relax during cold weather). The RubberGard R.M.A. System must be installed so that the seams shed the flow of water. AFcer making sure the sheet is placed in its final position allowing for the minimum lap width per Firestone specifications, fold it back evenly onto itself without wrinkles to expose the underside mating surface of the sheet, exposing the underside of the membrane and the QSP, MA Strip. Note: It will assist in the application if area of the membrane that will be mated to the (~SRMA Strip is marked as the membrane is folded back. C. Apply Single-Ply quickPrime Primer: Apply Single-Ply (~uickPrime Primer using the C~uickScrubber to the back of the EPDM membrane over the width of the (~uickSeam R.M.A. strip. Ensure that the primer has been applied to a sufficient width and with sufficient quantity. Highway Barn Roof Specification Page 7 ID. Remove the paper backing.' Allow the Single-Ply (~uickPrime Primer to flash off completely. Use the touch-push test to test for dryness. Remove both release papers from the (~uickSeam R.H.A. strip and roll the field membrane onto the strip. Use a Stiff Push Broom to ensure an initial bond between the RNA Strip and the field membrane. E. Roll the (~uickSeam R,M.A. Strip: Using a stiff broom Roll the strips using Firestone's (~uickRoller across ils entire length above both tapes. Note.' Do not use metal rollers or power rollers over the (~SRHA Strip. 2.07 MEMBRANE SEAMING A. Position and Fold Back the Lap Edge: Position the membrane at the seam area by overlapping membrane 4" (102 mm) for 3" (76 mm) (~uickSeam Tape and 8" (203mm) for 7" (:[78 mm) (~uickSeam Tape~ Once the membrane is in place, mark the bottom membrane 1/2" (12.7 mm) to 3/4" (19 mm)from the edge of the top membrane every 4' (1.2 m) to 6' (1.8 m) using the marking crayon provided with the (~uickSeam Tape. Tack the membrane back with Single-Ply (~uickPrime Primer as necessary to hold back the membrane at the splicing area. B. Apply Single-Ply (~uickPrime Primer to Seam Area: Remove excess amounts of dusting agent on the membrane and at factory splices using a stiff push broom. Stir Single-Ply (~uickPrime Primer thoroughly before and during use. Dip the (~uickScrubber into the bucket of Single-Ply (~uickPrime Primer, keeping the pad fiat. Apply the Single-Ply (~uickPrime Primer using long back and forth type strokes with pressure along the length of the splicing area until surfaces become a dark gray in color. Apply Single-Ply (~uickPrime Primer to both surfaces at the same time. Change the scrub pad every 200 feet (61 m) of seam or when the pad will no longer hold the proper amount of Single-Ply (~uickPrime Primer. Additional scrubbing is required at all factory seams and at areas that may have become contaminated or have excess amounts of dusting agent. C. Apply the quickSeam Splice Tape: Affcer allowing the Single-Ply (~uickPrime Primer to dry properly using the Touch-Push Test, apply the (~uickSeam Seam Tape to the bottom membrane, aligning the edge of the release paper with the markings. [mmediately roll the splice tape with a 3" - 4" (76 mm - 102 mm) wide silicone hand roller, a short nap 3" (76 mm) paint roller, or a clean (~uickScrubber or (~uickScrubber Plus pad and handle. D. Check the Splice Tape Alignment: When the (~uickSeam Splice Tape has been installed for the entire seam length, position the top membrane to rest on Lop of the tape's release paper backing. Trim the top panel as necessary to assure that 1/8" - 1/2" (3.1mm -:[2.7 mm) of the (~uickSeam Seam Tape will be exposed on the finished seam. E. Remove Release Paper Backing: To remove the paper backing from the tape, roll back the EPDM membrane and peel the release paper backing off the (~uickSeam Splice Tape by pulling against the weight of the bottom panel at approximately a 45° angle to the tape and parallel with the roof surface. Allow the top membrane to fall freely onto the exposed (~uickSeam Splice Tape. Broom the entire length of the seam at a 45° angle as the release paper is being removed. F. Roll the Seam: Roll the seam using a :[-:[/2" - 2" (38 mm - 5:[ mm) wide silicone hand roller or the Firestone (~uickRoller first across the seam and then along the entire length of the seam. Highway Bam Roof Specification Page 8 G. Special Considerations (End Laps~ "T" 3oints, etc.): 1. End Laps: When the seam is greater in length than the tape, the adjoining QuickSeam Splice Tape must be overlapped a minimum of 1" (25.4 mm). 2. Trim QuickSeam Splice Tape at "T" 3oints: Trim QuickSeam Splice Tape so that the edge of QuickSeam Splice Tape and the edge of the membrane are flush beneath the "T" Joint area. 3. "T" Joints: Apply a section of Firestone QuickSeam Flashing or QuickSeam ~loint Cover over the "T" .~oint area. 4. Using QuickSeam Splice Tape with Cured EPDM as Flashing: If cured EPDM is used as flashing, apply an 8" (203 mm) long section of QuickSeam Flashing or a QuickSeam Joint Cover over the intersection of the flashing and field Seams. 2.08 ADDITIONAL MEMBRANE SECUREMENT AND BASE TIE-IN FLASHING Secure the membrane (base tie-in) at all locations where the membrane goes through an angle change greater than 1" (25.4 mm) in 12" (305 mm) (i.e., roof edges, curbs, interior walls, etc.) A. Attach the QSRPF Strip to the penetration, parapet wall or deck using Firestone 2" (51 mm) Seam Plates, V-Plates or Firestone Batten Strips fastened a maximum of 12"(305 mm) o.c. Roll the membrane into place and then fold back, exposing the underside of the membrane and the QSRPF Strip. When using batten strips, apply Firestone AP Sealant over each fastener head, assuring that the fastener head is completely covered. B. Apply Single-Ply QuickPdme Primer to the membrane where it will mate with the QuickSeam Splice Tape and allow to dry. C. Apply Firestone Bonding Adhesive to the back half of the QSRPF, to the membrane that is to be bonded to the penetration or wall, and to the penetration or wall itself. D. After the surfaces have dried properly as determined by using the Touch-Push Test, remove the release paper from the QuickSeam Reinforced Perimeter Fastening Strip and roll the membrane into place, assuring a tight fit into the transition between the horizontal and vertical surfaces. Continue to roll the membrane up the wall and broom in place with a stiff push broom. Roll the membrane over the QuickSeam Tape with a 1- 1/2"- 2" (38 mm x 51 mm) wide silicone roller or Firestone QuickRoller across the tape and then along its length. E. Complete vertical laps seams as described in the lap splice section of this specification. Install a T-Joint Cover over any vertical lap splices that go through an angle change (Refer to Firestone Details). 2.09 FLASHING - PENETRATIONS A. General: 1. Remove all loose existing flashing (i.e., lead, bituminous materials, mastic, etc.). 2. Flash all penetrations passing through the membrane. B. The flashing seal must be made directly to the penetration. Pipesf Round Supportsf Structural Steel Tubing, etc.: 1. Flash penetrations with Firestone EPDM Pre-Molded Pipe Flashings wherever possible. Do not cut or patch EPDM Pre-Molded Pipe Flashings to assist in their installation. 2. Flash penetrations using FormFlash when the use of Pre-Molded EPDM Pipe Flashings is not possible. Highway Barn Roof Specification Page 9 3. Refer to Firestone's Technical Information Sheet for minimum and maximum pipe diameters that can be successfully flashed with Pre-Molded EPDM Pipe Flashings, Structural Steel Tubing: Use a field-fabricated pipe flashing detail when the corner radius is greater than 1/4" (6.35 mm) and the longest side of the tube does not exceed12' (305 mm). When the tube exceeds 12" (305mm) use a standard curb detail including base tie-in and suitable termination. C. Roof Drains: These specifications apply for installation of cast iron drains only. For all other drain types contact Firestone Technical Services. 1. Remove existing clamping ring, Remove any broken clamping hardware and replace. 2. Remove all existing flashing (including lead flashing), roofing materials and cement from the existing drain in preparation for membrane and Water Block Seal. 3. Provide a clean even finish on the mating surfaces between the clamping ring and the drain bowl. Install tapered insulation with suitable bonding surfaces around the drain to provide a smooth transition from the roof surface to the drain. Slope into drain cannot be greater than 1" in 12" (25.4 mm in 305 mm). 4. Position the membrane and cut a hole for the roof drain allowing a 1/2" (12.7 mm) to 3/4" (19.1 mm) of membrane inside the clamping ring. 5. Make round holes in the membrane to align with clamping bolts (a paper punch may be used). Do not cut the membrane back to the bolt holes. 6. Install Firestone Water Block Seal on the clamping ring seat flange below the membrane. Use a minimum of one half of a 10 oz. (295 cc) tube for a 10" (254 mm) drain. 7. Tnstall the roof drain clamping ring and all clamping bolts. Tighten the clamping bolts to achieve constant compression. D. Pipe Clusters and Unusual Shaped Penetrations: 1. Fabricate penetration pockets to allow a minimum clearance of 1" (25.4 mm) between the penetration(s) and all sides. 2. Secure penetration pockets and flash per Firestone Details. :3. Fill penetration pockets with Firestone Pourable Sealer and mound to shed water. Pourable Sealer must be a minimum of 2" (51 mm) deep and 1" (25,4 mm) thick around the penetrations. E. Hot Pipes: Protect the RubberGard EPDM components from direct contact with steam or heat sources when the in-service temperature is in excess of 140° F (60° C). In all such cases flash to an intermediate "cool" sleeve. F. Flexible Penetrations Provide a weathertight gooseneck set in Water Block Seal and secured to the deck. Flash in accordance with Firestone Details. G. Scuppers: 1. Provide and install a new welded watertight sleeve, 2. Set welded watertight scupper in Water Block Seal and secure scupper to the structure. 3. Flash in accordance with Firestone Details. H. Expansion Joints: [nstall where specified by the project designer. ]Install expansion joints in accordance with Firestone details. Highway Barn Roof Specification Page 10 2.10 FLASHING -WALLS, PARAPETS, MECHANICAL EQUIPMENT CURBS, ETC. A. General: Using the largest pieces of continuous RubberGard EPDFI membrane practical, flash all walls, parapets, curbs, etc., to the height as specified by the project designer. B. Evaluate Substrate: See chart in the System Design Guide section of this manual. C. Install Additional Membrane Securement at Curbs, Penetrations, Walls, etc.: Refer to Section 2.09 of this specification. D. Provide Termination: Provide termination directly to the vertical substrate as shown in Firestone Details. E. Provide Intermediate Attachment: Intermediate attachment of membrane is required at 36" (914 mm) intervals in accordance with Firestone Details unless: 1. The wall surface is smooth without noticeable high spots or depressions (i.e., plywood, poured or precast concrete, or hollow core block or masonry walls where joints are flush with masonry surface) 2. The termination is either a Termination Bar or membrane has been installed underneath a coping to the outside edge of the wall. 2.11 FLASHING - GRAVEL STOPS OR ROOF EDGE METALS A. Flash Gravel Stops or Roof Edge Metals using Firestone QuickSeam Flashing: 1. Clean the Membrane and Metal Edge: Remove excess amounts of dusting agent by brooming. Apply Single-Ply QuickPrime Primer to the metal edging and membrane as described in Firestone Specifications. Allow the Single-Ply QuickPHme Primer to flash-off. 2. Apply quickSeam Flashing: Place the roll of QuickSeam Flashing on the roof a few feet ahead of the application starting point, positioned so that it unrolls from the top of the roll (release paper will be on top). Remove approximately 2' - 3' (.6 m - .9 m) of release paper and apply to the metal flange and RubberGard Membrane. Lap adjacent rolls of QuickSeam Flashing a minimum of 1" (25.4 mm). 3. Roll the (~uickSeam Flashing: With a 1-1/2" - 2" (38 mm - 51 mm) wide silicone hand roller, roll the QuickSeamFlashing to assure proper adhesion. Additional attention must be given to factory seam intersections and to any change in plane. 4. Special Considerations (End Laps~ "T" 3oints, etc.): a. Apply 6" (152.4 mm) length of Quid(Seam Flashing, a QuickSeam Joint Cover or 6" x 6" (152.4 mm x 152.4 mm) FormFlash to the inside edge of the QuickSeam Flashing at all overlaps (Refer to Details). b. Apply 6" (152.4 mm) length of QuickSeam Flashing, a QuickSeam Joint Cover or 6"x 6" (152.4 mm x 152.4 mm) FormFlash at all intersections between the QuickSeam Flashing and field-fabricated seams (Refer to Details). c. If the roof edge includes a gravel stop and sealant is not applied between the laps in the metal edging, an additional piece of QuickSeam Flashing must be applied over the metal lap to the top of the gravel stop, after the initial application of QuickSeam Flashing. Seam Edge Treatment shall be applied at the intersections of the two flashing sections. Highway Barn Roof Specification Page 11 2.:L2 MEMBRANE REPAZR A. Repair Cuts/Punctures in the Membranef or Wrinkles Within :t8" (458 mm) of a Seam: 1. A wrinkle running toward a seam or within 18" (458 mm) of a seam must be repaired. The wrinkle must be cut out so that the membrane lays fiat, and patched with a piece of EPDH membrane having no factory seams that extends a minimum of 3" (76 mm) beyond the boundaries of the cut in all directions. ]~f the wrinkle occurs through QuickSeam Flashing or QuickSeam FormFlash, then like material must be used for repair however, QuickSeam Flashing or quickSeam FormFlash may not extend onto the roof surface more than 6" (152 mm). If repairing of the same wrinkle must continue, then EPDM membrane must be used. Install the EPDM repair membrane first, and round all corners of the repair piece. QUICKSEAM FLASHING OR QU]ICKSEAM FORHFLASH CANNOT BE USED TO REPAIR CURED MEMBRANE. 2. Repair a cut or puncture in the EPDM membrane with EPDM membrane. The repair must extend a minimum of 3" (76 mm) beyond the boundary of the affected area in all directions. Round all corners of the repair piece (Example: a pinhole will require a minimum 6"x 6" (152 mm x 152 mm) EPDH section). B. Clean the Membrane: When repairing membrane which has been in service for some time, it is necessary to remove accumulated dirt. Proper membrane preparation is made by scrubbing the membrane with a scrub brush and warm soapy water, rinsing with clear water and drying with clean cotton cloths. Clean the area using clean cotton cloths with Firestone Splice Wash. Additional cleaning using Firestone Splice Wash is often necessary. C. Install Repair Material: Repairs must be made with SA-1065 Splice Adhesive. Refer to the Flashing Seam Details of this manual for application requirements of Splice Adhesive. 2,~.4 TEMPORARY CLOSURE Yemporary closures which assure that moisture does not damage any completed section of the new roofing system are the responsibility of the licensed applicator. Tt is not warrantable by Firestone. Completion of flashings, terminations and temporary closures must be completed as required to provide a watertight condition. See the Firestone V-Force Membrane Technical Information Sheet for further information. Highway Bam Roof Specification Page 12 END OF SECTION Schematic Roof Plan - Highway Barn Sca[e: NT$ DWG #: R-1 -- New Asphalt Roofing Note: All Existing Roof Materials Shall be Removed by the Contractor. Note: All Deteriorated Roof Sheathing Shall be Removed and Replaced by Contractor. Prior to Removal of any Existing Sheathing, the Contractor Shall Notify the Town Engineering Dept. and Formal Approval of Sheathing Quantities Must be Given. Note: This Plan is Shown For Reference Only. Ail Measurements & Quantities of Materials Shall be the Responsibility of the Contractor. ~/~ RESOLUTION 2012-590 ADOPTED DOC ID: 8018 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-590 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 31, 2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for furnishing all labor~ materials and equipment for the replacement and reconstruction of the Southold Highway Department Barn Roof System, 165 Peconic Lane, Peconic, NY, as per the plans and specifications prepared by James Richter, RA, Office of the Town Engineer Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED IUNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell