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Schlathaus Alteration 1999 Project ManuelPROJECT MANUAL TOWN OF WAPPINGER MIDDLEBUSH ROAD WAPPINGER, NEW YORK SPECIFICA'T'IONS FOR THE SCHLATHAUS ALTERATION FEBR UAR Y 263 1999 GENERAL TABLE OF CONTENTS DIVISION 0 - BIDDING & CONTRACT REQUIREMENTS 00020 INVITATION TO BIDDERS 00100 INSTRUCTION TO BIDDERS 00200 PREVAILING WAGE RATE SCHEDULE (WAGES) 00300 FORM OF PROPOSAL 00480 NON COLLUSION BIDDING CERTIFICATION 00510 FORM OF AGREEMENT 00700 GENERAL CONDITIONS 00800 SUPPLEMENTARY CONDITIONS SPECIFICATIONS FOR WORKMANSHIP AND MATERIALS Division 1 General Requirements 01000 SCHLATHAUS ALTERATION TABLE OF CONTENTS 9801.003 SECTION 00020 INVITATION TO BIDDERS RECEIPT OF BIDS Separate sealed bids on enclosed forms as prepared by Cerniglia & Swartz Architects, Planners and Interior Designers, P.C. will be received by the Town Clerk until 10:45 A.M. (Local Time) on May 5 , 1999 for: SCHLATHAUS ALTERATIONS TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK for the alterations of an existing restroom, entryway and handicap ramp with all associated appurtenances. Bids received after 10; 45 A.M. May 5 , 1999 will not be accepted or considered. Sealed bids will be publicly opened and read aloud at 11:00 A.M. (Local Time) on May 5 , 1999 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. The information for Bidders, Specifications and other Contract Documents may be reviewed at the office of the Town Clerk, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York 12590. Drawings and other Contract Documents will be available on March 33 , 1999, and maybe obtained ONLY at the Town Hall upon deposit of $ 25.00 per set which is non-refundable. Deposit made by check shall be made payable to the 'Torun Clerk. Each Bid shall be accompanied by a Certified Check or Bid bond in the amount of five (5) percent of the base Bid in the form and subject to the conditions provided in the Instructions To Bidders. No Bidder may withdraw a Bid within forty-five (45) days after the actual date of the opening thereof. The Bid Deposit shall be made in a Certified Check from the Bidder or in a Bid Bond on the form of said Bid Bond attached to the Specifications and be drawn payable to the Town of Wappinger. OWNERS RIGHTS RESERVED: The Town of Wappinger, herein called the Owner, reserves the right to reject any or all Bids and to waive any formality or technicality in any Bid in the best interests of the Owner and in accordance with the Lain. STATEMENT OF NON -COLLUSION: Bidders on this Contract are required to execute the Non -Collusion Bidding Certificate, in the form attached to the Specifications, pursuant to Section 103-d of the General Municipal law of the State of New York. Bidders are also required to comply with the provisions of the Human Rights Law as set forth in Articlel5 of the Executive Law of the State of New York. The Town of Wappinger hereby notifies all Bidders that it will affirmatively insure that any Contract entered into pursuant to this Advertisement, Minority Business Enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for any awards. The work required by this Contract shall consist of furnishing all labor, eg6prnent, materials, supervision, and performing all work necessary to complete the project as herein described, SCHLATHAUS ALTERATION SECTION 00020-1 9901.003 ADDENDA BULLETIN The Town of Wappinger is exempt under the Tax Law, of New York State, Article 28 - Part III, and is exempt from payment of Sales and Compensating Use Taxes of the State of New York on all materials which are incorporated into work pursuant to the provisions of the Contract. These taxes are not to be included in the bid under New York State Tax Law, Article 28, Part III, This notice is issued in the name of the Owner, The Town of Wappinger, Wappingers Falls, New York Dated: March 22 , 1999. Elairx--Snowden Town Clerk Town of Wappinger Town Clerk's Office P.O. Box 324, Middlebush Road Wappingers Falls, New York 12590 SCHLATHAUS ALTERATION SECTION 00020-2 9901.003 ADDENDA BULLETIN SECTION 00100 INSTRUCTIONS TO BIDDERS TITLE AND LOCATION OF WORK The Title of this work is: Schlathaus Alteration Town of Wappinger Dutchess County, New York DEFINITIONS OWNER - The Owner shall be identified as the Town of Wappinger and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Owner means the Owner of his authorized representative. CONTRACTOR - The Contractor is the person or entity referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Contractor means the Contractor or his authorized representative. All work shall be complete in place, in all detail, ready for use in first class operating condition. BASE BID (PROPOSALS) Each Bidder shall submit a Lump Sum Base Bid for the entire work as shown on Drawing Al and described in this Manual. COMPLETENESS OF PROPOSAL Each proposal shall be construed to cover all work specified whether or not enumerated in the Proposal. The bidders are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed. Bids must be for a firm price only. No bids will be considered which include an escalation clause. Submit proposals on form provided by the Architect accompanied by the Non -Collusive Bidding Certification. EXAMINATION OF CONTRACT DOCUMENTS Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with Federal, State and Local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. COLLUSIVE AGREEMENTS Each bidder submitting a bid to the Owner for the work contemplated by the documents on which bidding is based shall execute and attach thereto Section 00480 Non -Collusive Bidding Certification herein provided to the effect that he has not colluded with any other person, firm, corporation in regard to any bid submitted as per Section 103- d of the General Municipal Law. SCHLATHAUS ALTERATION SECTION 00100-1 9901.003 INSTRUCTIONS TO BIDDER BID OR PROPOSAL BOND Each Bidder submitting a Proposal shall attach to the Proposal, an acceptable Bid Bond or a Certified check in the amount of not less than Five percent (5%) of the Bidder's total Bid Price, as a guarantee that the successful Bidder will enter into a Contract with the Owner to construct and furnish materials for the proposed work, and furnish bonds as required. PERFORMANCE AND OTHER BONDS The successful Bidder will be required to furnish satisfactory Performance and Labor and Material Bond in the full amount of the Bid. In the event that the Bidder fails or refuses to execute the Contract and furnish the required bonds within ten (10) days after receiving Notice of such Award, then the sunt of the bid deposit shall be paid to the Owner as liquidated damages and not as a penalty, it being now agreed that said sum is a fair estimate of the amount of damages that the Owner will sustain in case said Bidder fails to enter into a Contract and furnish bonds as herein provided. All bid bonds, certified checks and cashier's checks shall be made payable to Town of Wappinger. "Important - Surety companies executing bonds must be authorized to transact business in the State where the project is located." The bid deposit of all except the three (3) lowest bidders will be returned within seven (7) days after the opening of bids. The bid deposit of the three (3) lowest bidders will be returned within forty-eight (48) hours after the Contract and required bonds have been finally approved. The Owner reserves the right to hold the Proposals of the three (3) lowest bidders for a period of 45 days during which time the bidders .may not withdraw their Proposals. COMMENCEMENT AND PROSECUTION OF WORK The Contractor shall be available to attend a Pre -Construction Meeting for the purpose of signing the contract. At that time the Contractor shall provide certificates of insurance and performance and labor bonds. Time being of the essence of this contract, the Contractor shall thereafter prosecute the work diligently, using such means and methods of construction as will assure its completion in the number of days indicated on the Form of Proposal. Should the lead time for materials pose a potential problem, the Owner is willing to execute a letter of intent prior to the contract signing to enable the Contractor to order such materials. TIME OF COMPLETION The Contractor hereby extends to the Owner the unconditional right to accept the Offer herein.extended by the Contractor at any time within 60 days from the date of his proposal, the acceptance of same to be signified by the execution of this instrument by the Owner and notice in writing to the Contractor of said acceptance. Upon the receipt of said written noticeby the Owner, the Contractor agrees to commence the work to be performed under this Contract forthwith and to faithfully and diligently prosecute and execute the work in all detail, ready for continuous and successful operation, in such fashion that the same shall be completed in every respect, ready for occupancy, within a period of time equal to Sixty (60) calendar days commencing with the date of the execution of the Offer by the Owner, plus a period of time equal to unavoidable delays approved by the Architect. In case the Contractor shall fail to complete the work or any part thereof according to the terms of this Contract, then, and in such case, the Owner reserves the right and is hereby authorized to declare this Contract forfeited and to relet the unfinished portion thereof in the manner provided by law, and such person or persons to whom such work shall have been relet shall work without hindrance from the Contractor. The Contractor shall be liable, in case of non-performance of this Contract, or any part thereof, and hereby agrees to pay said Owner as damages, all the costs, charges and expenses attending such reletting, and also such sums or amounts as it shall cost to complete the said Contract over and above the amounts hereby agreed for the various items therefor. SCHLATHAUS AL'T'ERATION SECTION 00100-2 9901..003 INSTRUCTIONS TO BIDDER INSURANCE REQUIREMENTS Contractor shall provide proof of insurance coverage to Owner prior to start of work on project, Minimum insurance coverage, for public liability and property damage for the contractor's protection and for the protection of the Owner shall be as stated in Article 11 of the Supplementary Conditions. INDEMNIFICATION Under the General Conditions of the Contract to be awarded, the Contractor: shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract and shall take reasonable precautions for safety of all persons who might be affected, including employees of the Contractor and Subcontractor. The General Conditions requires that the Contractor indemnify the Owner and the Architect in the event of certain claims arising out of the performance of the Work. INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Proposal is in doubt as to the true meaning of any part of the Plans, Specifications or other Contract Documents, he may submit a written request to the Owner for an interpretation thereof not later than seven 7 working days prior to due date for bids. The person submitting the request will be responsible for its prompt delivery. An interpretation of the Document will be made by the Owner and an Addendum issued and mailed or delivered to each person who has received a set of Plans and Specifications. The Owner will not be responsible for any other explanation or interpretation of the Contract Documents. Any and all such interpretations in the form of written addenda to the Specifications when, if issued, will be mailed to all bidders not later than 7 days prior to the date fixed for the opening of bids. 04powbal)awelw1vAlm, Within ten (10) days after execution of Contract, Contractor shall provide a cost breakdown to the Architect for application of progress payment approval on forms provided by Architect. The prices indicated shall be total erected and installed prices with overhead and profit pro -rated on each item. RETAINAGE A retainage of 5% will be held for each progress payment to the Contractor as provided in S106 -b of the General Municipal Law of the State of New York, TAX EXEMPTION Proposals for work shall not include state and local sales tax on materials incorporated into construction of this project. Owner will provide necessary tax exemption forms. OUT-OF-STATE BIDDERS Proof of payment by out-of-state contractors of New York Gross Income Tax shall be submitted before final payment will be approved. Out -of -State contractors should be authorized to do business in the State of New York and proof thereof submitted to the Owner. SCHLATHAUS ALTERATION SECTION 00100-3 9901.003 INSTRUCTIONS TO BIDDER COMMUNICATIONS All notices, demands, requests, instructions, approvals, proposals, and claims must be in writing. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the Office of the Contractor stated on the signature page of the Contract or at such other offices as he may from time to time designate in writing to the Owner, by facsimile followed by hard -copy deposited in the United States mail in a sealed, postage -prepaid envelope, or if delivered with charges prepaid to any parcel service office. All papers required to be delivered to the Owner shall, unless otherwise specified in writing to the Contractor, be delivered to the Owner and any notice to or demand upon the Owner shall be sufficiently given if so delivered. or deposited in the United States mail in sealed, postage -prepaid envelope, or delivered with charges prepaid to any parcel service for delivery to said Owner or to such other address as the Owner may subsequently specify in writing to the Contractor for such purpose. REQUIREMENTS FOR PROPOSALS Proposal forms must be completed by writing in ink or by typewriter, All names must be typed or printed below the signature. The Proposal shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form). The address to which communications regarding the Proposal are to be directed must be shown. Proposal Submitted by an Individual: If a proposal is submitted by an individual, said Proposal shall be signed by the person making such proposal or the Proposal must have attached thereto a power-of-attorney evidencing authority to sign the proposal in the name of the person for whom it is signed. Proposal Submitted by a Partnership: If a proposal is submitted by a partnership, said Proposal shall be signed by all of the partners or by an attorney-in-fact. If signed by an attorney -in fact, there must be attached to the Proposal, a power-of-attorney for the individuals for whom it is signed. Proposals Submitted by a Corporation: If the proposal is submitted for a corporation, said Proposal shall be signed by the correct corporate name thereof, and the signature of the president or other authorized officer manually written below the corporate name, an the attesting signature of the secretary of the corporation. MODIFICATION AND 'WITHDRAWAL OF BIDS Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where the Bids are to be submitted any time prior to the opening of Bids. AWARD OF CONTRACT The Owner reserves the right to waive any informalities to any Proposal, to reject any and/or all proposals, or to accept the proposal which is most favorable to the Owner. It is the intention of the Owner to award the contract to the lowest responsible bidder whose construction skill and financial resources are fully equal to the task of prosecuting the job in a rapid and satisfactory manner, bringing it to the successful completion within the time limit. OWNER'S ACCEPTANCE OF BIDS The Contract will be awarded to the lowest responsible bidder complying with the conditions for bidding, provided the bid is reasonable and is to the best interest of the Owner to accept it. The Owner reserves the right to reject the bid of any bidder who has previously failed to perform properly or complete on time, contracts of a similar nature, who is not in a position to perform the contract, or who has habitually and without just cause neglected the payment of bills or otherwise disregarded obligations to subcontractors, materials or employees. In determining the lowest responsible bidder in the best interest of the Owner, the following elements in addition to those above mentioned will be considered: whether the bidder involved (a) maintains a permanent place of business, (b) has SCHLATHAUS ALTERATION SECTION 00100-4 9901.003 INSTRUCTIONS TO BIDDER adequate plant equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet the obligations incident to the work; (d) has appropriate technical experience; and (e) has listed competent, responsible and qualified subcontractors, material suppliers or vendors. The Owner is under no obligation to accept lowest or any other bid, and expressly reserves the right to accept or reject any and/or all bids, and to waive any informalities or irregularities in any bid and make any combination of bids. WHEN AN AWARD IS EFFECTED A contract shall be deemed as having been awarded when formal notice of award shall have been duly served upon the intended awardee (i.e., the bidder to whom the Owner intends awarding the Contract) by some officer or agent of the respective Owner duly authorized to .give such notice. The Owner will consider, in awarding Work, the number of consecutive calendar days required for completion of the work as submitted by the bidder. RIGHT TO WITHDRAW FROM CONTRACT If, within thirty (30) days after the execution of the Contract, the Owner fails to fix the date for commencement of the work by written notice to the Bidder, the Bidder, at his option, may ask to be relieved of his obligation to perforin the work called for, by written notice to the Owner. If such notice is given, the Bidder waives all claims for delay or anticipated profits. SPECIAL PRECAUTIONS AND INFORMATION a) The Contractor, immediately after executing the Contract, shall meet with the Architect and discuss in detail the schedule of work, quality of materials, shop drawings, Specifications, workmanship and all other aspects of the Contract. b) All work shall be as shown on the drawings. C) All materials to be disposed of shall be removed from the site and disposed of as required by law and regulations of all agencies having jurisdiction. d) All permits pertaining to the project will be secured by the Contractor. SEALED PROPOSALS Each Proposal, properly executed, shall be enclosed in a sealed envelope addressed to: Town Clerk Town of Wa.ppinger Middlebush Road Wappinger, New York 12590 The envelope shall be endorsed as follows in the upper left-hand corner: Proposal For: (Indicate Project Name) By: (Name of Bidder and Address) (Contractor shall insert time and date of opening of Bids). Proposals shall be mailed or delivered so as to reach the Owner not later than the time for receipt of bids as specified in the Notice to Bidders. Any bid received after the specified time will be returned unopened. END OF SECTION SCHLATHAUS ALTERATION SECTION 001005 9901.003 INSTRUCTIONS TO BIDDER SECTION 00200 STATE PREVAILING WAGE RATE SCHEDULES & REQUIREMENTS In compliance with Section 220 of the Labor Law of the State of New York as amended by Chapter 750 of the Laws of 1956, a schedule of hourly minimum rates of wages, including supplements for welfare, pension, vacation, and other benefits will be issued in an addendum and shall apply to this contract. If the amount of supplements provided by the employer is less than the total supplements shown on the wage schedule, the difference shall be paid in cash to employees. The law states that supplements to be provided to laborers, workmen, and mechanics upon public works "shall be in accordance with the prevailing practices of the locality". The supplements listed on the schedule do not necessarily include all types of prevailing supplements in the locality, and a future determination of the Industrial Commissioner may require the Contractor to provide additional supplements. The Contractor shall provide statutory benefits for disability benefits, Workmen's Compensation, Unemployment Insurance, and Social Security. The fact that there is no minimum wage.rate hereinafter stated for some classification or classifications found to be necessary on the project will in no way affect the obligation of the Contractor or his compensation therefor. The Contractor, and each sub -.contractor, if any, 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 to be paid or provide for the various classes of mechanics, workmen, or laborers employed on the work. The Contractor at the conclusion of the Contract shall submit a release indicating that all subcontractors, if any, and suppliers have been paid. SCHLATHAUS ALTERATION SECTION 00200-1 9901.003 STATE PREVAILING WAGE RATE SCHEDULES & REQUIREMENTS WAIS Document Retrieval GENERAL DECISION NY980007 12/11/98 NY7 General Decision Number NY980007 Superseded General Decision. No. NY970007 State: New York Construction Type: BUILDING HEAVY HIGHWAY County(ies): DUTCHESS SULLIVAN ORANGE ULSTER BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartment up to and including 4 stories), HEAVY AND HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 02/13/1998 1 03/13/1998 2 04/03/1998 3 05/22/1998 4 06/12/1998 5 07/06/1998 6 07/24/1998 7 08/07/1998 8 09/04/1998 9 09/25/1998 10 10/09/1998 11 12/11/1998 COUNTY(ies): DUTCHESS SULLIVAN ORANGE ULSTER ASBE0040M 05/01/1997 Rates Fringes SULLIVAN AND ULSTER COUNTIES INSULATOR/ASBESTOS WORKERS (includes application of all insulating materials, protective coverings, coatings and finishes to all types of mechanical systems 19.680 10.18 HAZARDOUS WASTE HANDLERS Duties limited to preparation wetting; stripping; removal; scrapping; vacuuming; bagging; and disposing of all insulation materials whether they contain asbestos or not from mechanical systems 16.07 ------------------------------.---------------------------------- 4.70 ASBE0091.M 07/01/1998 Rates Fringes DUTCHESS AND ORANGE COUNTIES INSULATOR/ASBESTOS WORKER (Includes application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) 27.17 15.92 HAZARDOUS MATERIAL HANDLER Duties limited to preparation, wetting, stripping, removal scrapping, vacuuming, bagging and disposing of all insulation materials; whether they contain asbestos or not from mechancial Page 1 of 20 Tuesday, March 02, 1999 10:55 AM WAIS Document Retrieval systems 20.85 4.75 BOIL0005A 09/01/1998 ----------------------- Rates Fringes BOILERMAKER $35.00 3.75+47%�+a FOOTNOTE: a. PAID HOLIDAYS: New Years Day, Thanksgiving Day, Memorial Day, Independence Day, Labor Day and Good Friday, Friday after Thanksgiving, Christmas Eve Day and New Years Eve BRNY0029A 07/01/199.! Y -`---- Rates Fringes BRICKLAYERS 25.85 11.25 ---------------------------------------------------------------- BRNY0044A 07/01/1994 Rates Fringes DUTCHESS, SULLIVAN, ULSTER AND THE REMAINDER OF ORANGE COUNTY BRICKLAYER/CEMENT MASONS 20.16 10.20 HEAVY & 11GRWAY CEMENT MASON 20.66 10.20 CARP0203A 06/01/1996 -------------- Rates Fringes DUTCHESS (Remainder of County) CARPENTER: Building 21.72 10.24 Heavy & Highway 21.72 10.24 -_----------------------------____-------------------------------___ CARP0255A 06/01/1995 Rates Fringes ORANGE (REMAINDER OF COUNTY), SULLIVAN AND ULSTER COUNTIES BUILDING CONSTRUCTRION CARPENTERS, MILLWRIGHTS, PILEDRIVERS AND DOCKBILDERS 22.00 10.39 HEAVY & HIGHWAY CARPENTERS, MILLWRIGHTS, PILEDRIVERS AND DOCKBUILDERS 22.00 10.39+a FOOTNOTE: a. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day; plus Veteran's Day, President's Birthday and Election Day provided employee is employed 5 work days before a holiday or during 5 work days after the holiday. -------------------------_---------------------------------------- CARP0323A 06/01/1995 Rates Fringes DUTCHESS (TOWNSHIPS OF WRAPPINGER, FISHKILL, EAST FISHKILL BEEKMAN AND PAWLING) CARPENTERS BUILDING 20.67 9.05 HEAVY AND HIGHWAY 20.67 9.05+a FOOTNOTE: a. Paid Holidays: New Years day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, provided the employee works within 7 days before or after the holiday. ---------------------------------_------------------------------- CARP0964B 07/01/1994 Rates Fringes ORANGE (Tuxedo, Woodbury, Monroe, part of Cornwall, Chester, Blooming Grove, Highlands) CARPENTERS & SOFT FLOOR LAYERS. Building 21.20 11.41 Heavy & Highway ------------------------------------------------------------------ 21.20 11.41 Page 2 of 20 Tuesday, March 02, 1999 10:55 AM WAIS Document Retrieval CAPP1456E 07/01/1997 ELEC1249B 05/31/1998 Rates Fringes LINE CONSTRUCTION (LINEMAN) Rates Fringes DOCKBUILDERS 28.68 19.69 -----------------------------------------------------------__------ CARP2287A 07/01/1994 OPTIC CABLE NECESSARY FOR THE Rates Fringes SOFT FLOOR LAYERS 26.97 16.20 HAND SEWERS 16.55 12.46 ------------------------------------------------------------------ * ELECO363A 12/01/1998 Lineman and Technician Rates Fringes ORANGE COUNTY (HARRIMAN, WOODBURY, MONROE, TUXEDO, CHESTER, WAR- WICK, WAWAYHANDA, GOSHEN, WALLKILL AND MIDDLETON TOWNSHIPS) ELECTRICIAN 29.00 10.40+4s DUTCHESS COUNTY (TOWNSHIPS OF FISHKILL, EAST FISHKILL AND BEACON), AND THE REMAINDER OF ORANGE COUNTY Groundman Truck Driver ELECTRICIAN 23.45 9.40+4% ULSTER COUNTY, REMAINDER OF DUTCHESS COUNTY PAID HOLIDAYS: ELECTRICIAN 21.10 9.40+4s SULLIVAN COUNTY Friday, Decoration Day, Independence Day, Labor Day, Thanksgiving ELECTRICIAN 18.60 8.90+4% ELEC1249B 05/31/1998 Rates Fringes LINE CONSTRUCTION (LINEMAN) LIGHTING AND TRAFFIC SIGNAL INCLUDING ANY AND ALL FIBER OPTIC CABLE NECESSARY FOR THE TRAFFIC SIGNAL SYSTEMS, AND TRAFFIC MONITORING SYSTEMS, ROAD WEATHER INFORMATION SYSTEMS Lineman and Technician 24.33 6.75+7s+a Groundman Digging Machine Operator 21.90 6.75+7o+a Mechanic 19.46 6.75E-7s+a Groundman Truck Driver (Tractor Trailer Unit) 20.68 6.75+79.-+a Groundman Truck Driver 19.46 6.75+7%+a Flagman 14.60 6.75+7s+a PAID HOLIDAYS: a. Memorial Day, New Year's Day, President's Day, Good Friday, Decoration Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and Election Day for the President of the United States and Election Day for the Governor of New York State, provided the employee works two days before or two days after the holiday. ---------------------------------------------------------------- ELEC1249D 05/31/1998 LINE CONSTRUCTION: Substation: Lineman & Technician Cable Splicer Groundman digging machine Operator Mechanic Groundman truck driver (tractor trailer unit) Ground man truck driver Flagman Switching structures; railroad catenary installation and maintenance, third rail type underground fluid or gas filled transmission conduit and cable installations (including any and Rates Fringes 26.88 6.75+7.5°s+a 29.57 6.75+7.59.,+a 24.19 6.75+7.5%+a 21.50 6.75+7.5o+a 22.85 6.75+7.5%+a 21.50 6.75+7.5%+a 16.13 6.75+7.5%+a Page 3 of 20 Tuesday, March 02, 1999 10:55 AM WAIS Document Retrieval all fiber optic ground product by any other name manufactured for the dual purpose of ground fault protection and fiber optic capabilities), pipetype cable installation and maintenance jobs or projects, and maintenance bonding of rails; Pipetype cable installation Lineman & Technician Cable Splicer Groundman Digging Machine Operator Mechanic Groundman Truck Driver (Tractor - trailer unit) Groundman Truck Driver Flagman Overhead and underground distri- bution and maintenance work and all overhead and underground transmission line work including any and all fiber optic ground wire, fiber optic shield wire or any other like product by any other name manufactured for the dual purpose of ground fault protection and fiber optic capabilities (where no other trades are or have been involved): Lineman and Technician. Cable Splicer Groundman digging machine operator Mechanic Groundman truck driver (tractor trailer unit) Groundman Truck driver Flagman Overhead transmission line work (where other trades are or have been involved): Lineman and 'Technician Cable Splicer Groundman digging machine opera Mechanic Groundman truck driver (tractor trialer unit) Groundman truck driver Flagman TELEPHONE, CATV FIBEROPTICS CABLE AM ,EQUIPMENT Cable splicer Installer Repairman Teledata Technician II Winch truck driver Equipment Operator Driver Groundman TREE TRIMMER FOOTNOTE: a. PAID HOLIDAYS; New Year's Good Friday, Indepenence Day, Christmas Day, and election Da States and Election Day for th provided the employee works tw holiday. 27.24 6.75+7.5a+a 29.96 6.75+7.5%+a for 25.61 24.52 6.75+7.5%+a 6.75+7.5o+a 21.79 6.75+7.5%+a 22.76 23.15 6.75+7.5%+a 6.75+7.59.+a 21.79 6.75+7.56+a 18.63 1.6.34 6.75+7.5.+a 3.40+3% 25.95 6.75+7.5%+a 25.95 6.75+7.59.+a 23.36 6.75+7.5o+a 20.76 6.75+7.5%+a 22.06 6.75+7.5%+a 20.76 6.75+7.5o+a 15.57 6.75+7.5%+a 28.45 6.75+7.5%+a 28.45 6.75+7.56+a for 25.61 6.75+7.5%+a 22.76 6.75+7.5o+a 24.18 6.75+7.59.+a 22.76 6.75+7.5o+a 17.07 6.75+7.59.+a 19.61 3.40+3% 18.63 3.40+3% 18.63 3.40+3% 13.99 3.40+30 18.63 3.40+3% 13.02 3.40+3% 1.2.08 3.40+36 14.55 3.55+3%+b Day, Presidents' Day, Memorial Da Labor Day, Thanksgiving Day, y for the President of the United e Governor of New York State, o days before or two days after t Yl he Page 4 of 20 Tuesday, March 02, 1999 10;55 AM WAIS Document Retrieval h. New Years Day, Washington's Birthday, Good Friday, Decoration Day, Independence Day, Labor Day, Veteran's t' Thanksgiving Day, Day after Thanksgiving bay and Christmas Day ---------------------------------------------------------------- ELEC1249I 05/31/1998 Rates Fringes SULLIVAN COUNTY LINE CONSTRUCTION LIGHTING AND TRAFFIC SIGNAL LINEMAN INCLUDING ANY AND ALL FIBER OPTIC CABLE NECESSARY FOR THE TRAFFIC SIGNAL SYSTEM, TRAFFIC MONITORING SYSTEMS AND ROAD WEATHER INFORMATION SYSTEMS.. Lineman & Technician 23.09 6.75+7a+a Groundman Digging Machine Operator 20.78 6.75+79.+a Mechanic 1.8.47 6.75+7e+a Groundman Truck Driver (tractor trailer unit) 19.63 6.75+7%+a Groundman Truck Driver 18.47 6.75+7o+a Flagman 13.85 6.75+7%+a FOOTNOTE: a. New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, plus President's Day, Good Friday, Decoration Day, Election Day, for the President of the United States and Election Day for the Governor of the State of New York, provided the employee works the day before or the day after the holiday. ----------------------------------------------------------------- ELEC1249R 01/01/1998 Rates Fringes ORANGE COUNTY, DUTCHESS (TWPS OF AMENIA, BEEKMAN, HOLMES WINGDALE, DOVER PLAINS, STORMVILLE, PAWLIMNG AND POUGHQUAQ) TREE TRIMMER 15.43 3.55+3%+b B. New Year Day, Washington's Birthday, Good Friday Decoration Day, Independence Day, Labor Day, Veteran's Day, Tnaksgivings Day, the pay after Thaknsgiving Day and Christmas Day ----------------------------------------------------------------- ELEV0138A 05/01/1958 Rates Fringes ELEVATOR CONSTRUCTOR 32.395 6.405 ---------------------------------------------------------------- ENGIO106D 06/01/1.998 Rates Fringes NORTHERN PART OF DUTCHESS (To The Northern Boundary line of the City of Poughkeepsie) POWER EQUIPMENT OPERATORS HEAVY AND HIGHWAY GROUP 1 23.96 11.95+a GROUP 2 23.53 11.55+a GROUP 3 22.62 11.95+a GROUP 4 20.05 11.95+a GROUP 5 17.79 11.95+a GROUP 6 25.14 11.95+a GROUP 7 24.46 11.95+a GROUP 8 24.96 11.95+a POWER EQUIPMENT OPERATORS HEAVY & HIGHWAY CLASSIFICATIONS GROUP 1: -Crane, Cherrypicker (over 5 tons capacity), Derricks (steel erection), Dragline, Overhead Crane (Gantry or Straddle { Type), Piledriver, Truck Crane, GROUP 2:- Automated Concrete Spreader (CMI), AUtOmatiC Eine Grader, Backhoe (Except Tractor Mounted, Rubber Tired), Belt Placer (CMI type), Black Top Plant (Automated), Cableway, Caisson Page 5 of 20 Tuesday, March 02, 1999 10:55 AM WAIS Document Retrieval Auger, Central Mix Concrete Plant (Automated), Cherry Picker (over 5 tons capacity), Concrete Pump (8" or over), Crane, Cranes & Derricks (Steel Erection), Dragline, Dredge, Dual Drum Paver, Excavator (All Purpose -Hydraulically Operated) (Gradall or Similar), Fork Lift (Factory Rated 15 £t. and Over), Front End Loader (4 c.y, and over), Head Tower (Sauerman or Equal), Hoist (2 or 3 Drum), Holland Loader, Mane Hoist, Mucking Machine or Mole, Over Head Crane (Gantry or Straddle Type), Piledriver, Powergrader, Quad 9, Quarry Master (or equivalent), scraper, Shovel, Sideboom, Slip Form Paver, Tractor Drawn Belt -Type Loader, Truck Crane, Truck or Trailer Mounted Log Chipper (Self - Feeder), Tug Operator (Except Manned Rented Equipment), Tunnel Shovel. GROUP 3 -- Backhoe (Tractor Mounted, Rubber Tired), Bituminous Spreader and Mixer, Blacktop Plant (Non -Automated), Blast or Rotary Drill (Truck or Tractor Mounted), Boring Machine, Cage - Hoist, Central Mix Plant (Non -Automated) and All Concrete Batching Plants, Cherry Picker (5 Tons Capacity and Under), Compressors (4 or less) Exceeding 2000 C.F.M. Combined Capacity, Concrete Paver (over 26S), Concrete Pump (Under 811), Crusher, Diesel Power Unit, Drill Rigs (Tractor Mounted), Front End Loader (under 4 c.y.), Hi -Pressure - Boiler (15 lbs. and over), Hoist (One Drum) Kolman Plant Loader and. Similar Type Loaders, L.C.M. Work Boat Operator, Locomotive, Maintenance Engineer/Greaseman/ Welder, Mixer (For Stabilized Base Self -Propelled), Monorall Machine, Plant Engineer, Pump Crete, Ready Mix Concrete Plant, Refrigeration Equipment (For Soil Stabilization), Road Widener, Roller (All Above Subgrade), Sea Mule, 'Tractor With Dozer and/or Pusher, Trencher, Tugger -Hoist, Winch, Winch Cat, GROUP 4- A -Frame Truck, Ballast Regulator (Ride -On), Compressors (4 not to exceed 2000 C.F.M. Combined Capacity; or 3 or less with more than 1200 C.F.M. but not to exceed 2000 C.F.M.), Dust Collectors, Generators, Pumps, Welding Machines, Light Plants (4 of Any Type Of Combination), Concrete Pavement Spreaders and Finishers, Conveyor, Drill Core, Electric Pump Used In Conjunction with Well Point System, Farm Tractor with Accessories, Fine Grade Machine, Fork Lift (under 15 £t.), Grout Pump Gunite Machine, Hammers (Hydraulic -Self -Propelled), Hydra - Spiker (Ride -on), Hydro -Blaster Water, Post Hole Digger and Post Driver, Power Sweeper, Roller (Grade and Fill), Scarifier (Ride - On Spansaw (Ride -On), Sumbersible Electric Pump (When Used In Lieu Of Well Point System), Tamper (Ride -On), Tie Extractor (Ride -On), Tie Handler, Tie Inserter (Ride -On), Tie Spacer (Ride - On), Track Liner, Tractor With Towed Accessories, Vibratory Compactor, Vibro Tamp, Well Point. GROUP 5 - Aggregate Plant, Boiler (Used In Conjunction With Production), Cement and Bin, Operator, Compressors (3 or less not to Exceed 1200 C.F.M. Combined Capacity), Dust Collectors, Generators, Pumps, Welding Machines, Light Plants (3 or less of Any Type or Combination), Concrete Paver or Mixer (16S and under), Concrete Saw (Self -Propelled), Fireman, Form Tamper, Hydraulic Pump (Jacking System), Light Plants, Mulching Manchine, Oiler, Parapet -Concrete or Pavement Grinder, Power Broom ('rowed), Power Heaterman, Revinius Widener, Shell Winder, Steamcleaner, Tractor. GROUP 6 - Master Mechanic GROUP 7 - Crane Premium with Boom Length and Jib 150' - 199' GROUP 8 - Crane Premium with Boom Length And Jib 200' and Over. Tower Crane Premium $ .50 Hazmat work premium $2.50 Hydrographic $ .50 FOOTNOTES: a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor bay, Thanksgiving Day, Christmas Day, provided the Page 6 of 20 Tuesday, March 02, 1999 10:55 AM WAIS Document Retrieval employee works the day before and the day after the holiday. ENGIO106M 05/01/1958 Rates Fringes NORTHERN PART OF DUTCHESS (TO THE NORTHEN BOUNDARY LINE OF THE CITY OF POUGHKEEPSIE) BUILDING CONSTRUCTION POWER EQUIPMENT OPERATORS: GROUP 1: GROUP 2: GROUP 3: GROUP 4: GROUP 5: GROUP 6: 5 GROUP 7 GROUP 8 GROUP 9 20.32 11.25+a 20.64 11.25+a 20.29 11.25+a 1.9.89 1.1.25+a 19.22 11..25+a 20.99 11.25+a 21.34 11.25+a 22.14 11.25+a 22.64 11.25+a 23.14 11.25+a 21.14 11..25+a 22.14 11.25+a 22.64 11.25+a 23.14 11.25+a 20,57 11.25+a 22.82 11.25+a Hazardous work - Anytime Operating Eningeers are involved with level C or above, $2.50 per hour over regular rate. .FOOTNOTE: a. Paid Holiday: New Years Day, Memorial Day, Independence Day Labor Day, Thanksgiving Day, Christmas Day, POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Self-contained crawler drill, hydraulic rock drill. GROUP 2: Crane, hydraulic cranes, tower crane, locomotive crane, piledriver, cableway, derricks, whirlies, dragline, boom truck (over 5 tons) GROUP 3: Shovel, All backhoe (except tractor mounted rubber tired John Deere 510 or smaller), gradalls, power road grader, all CMI equipment, front-end rubber tire loader, tractor -mounted drill (quarry master), mucking machine, concrete central mix plant, concrete pump, Belcrete system, automated asphalt concrete plant and tractor road paver, boom truck (5 tons and under). GROUP 4: Backhoe, (tractor mounted rubber tired equivalent to John Deere 510 or less), bulldozer, pushcat, tractor, traxcavator, scraper, LeTourneau grader, form fine grader, road roller, blacktop roller, blacktop spreader, power brooms, sweepers, trenching machine, Barber Green loader, side booms, hydrohammer, concrete spreader, concrete finishing machine, one drum hoist, power hosting (single drum), hoist - two drum or more, three drum engine, power hoisting (two drum and over), two drum and swinging engine, three drum swinging engine, hod hoist, A -L frame winches, cord and well drillers (one drum), post hole digger, model CHB Vibro-Tamp or similar machine, batch bin and plant operator, dinkey locomotive, skid steer loader, track excavator 5/8 cu. yd, or smaller. GROUP 5: Fork lift, high lift, lull, Oiler, fireman and heavy- duty greaser, boilers, and steam generators, pump, vibrator, motor mixer, air compressor, dust collector,welding machine, well point, mechanical heater, generators, temporary light plants, concrete pumps, electric submersible pump 4" and over, murphy type diesel generator, conveyor, elevators, concrete mixer and belcrete power pack (belcrete system), seeding, and mulching machines, pumps. GROUP 6: Boom length premiums over GROUP II rates: Page 7 of 20 Tuesday, March 02, 1999 10:55 AM WAIS Document Retrieval 1 over 130 ft .35 2 over 185 ft .70 3 over 210 ft 1.50 4 over 250 ft 2.00 5 over 295 ft 2.50 GROUP 7: Tower Crane Premium over GROUP IZ rates: 1 over 5 stories .50 2 over 10 stories 1..50 3 over 15 stories 2.00 4 over 20 stories 2.50 GROUP 8: Master Mechanic (other than nuclear work) GROUP 9: Master Mechanic on nuclear work ENCIO137B 03/05/1996 Page S of 20 Tuesday, March 02, 1999 10:55 AM Rates Fringes DUTCHESS COUNTY (POUGHKEEPSIE AND SOUTH THERE -OF) BUILDING CONSTRUCTION, POWER EQUIPMENT OPERATORS: GROUP 1-A 26.30 13.63+a GROUP 1-B 24.23 13.63+a GROUP 2-A 25.40 13.63+a GROUP 3-A 24.50 13.63+a GROUP 3-B 23.17 13.63+a GROUP 4-A 24.21 13.63+a GROUP 4-B 23.03 13.63+a GROUP 5-A 23.21 13.63+a GROUP 5-B 21.90 13.63+a GROUP 6-A-1 27.67 13.63+a GROUP 6-A-2 26.81 13.63+a GROUP 6--A-3 25.81 13.63+a GROUP 6-A-4 26.53 13.63+a GROUP 6-A-5 30.53 13.63+a GROUP 6-A-6 23.96 13.63+a GROUP 6-A-7 29.84 13.63+a GROUP 6-A-8 27.90 13.63+a GROUP 6-A-9 28.90 13.63+a GROUP 6-B-1 20.91 13.63+a GROUP 6-B-2 21.87 13.63+a GROUP 6-B-3 21.89 13.63+a GROUP 6-B-4 20.92 1.3.63+a GROUP 6-B-5 24.11 13.63+a NOTES: 14azmat: 201- above regular rage Pumping operation Premium .50 Crane Operators (100-149 ft) 2.00 Crane Operators (149 ft +) 3.00 Loader Operators (over 5 cu yd) .50 Shovel Operators (over 4 cu yd) 1.00 FOOTNOTE: a. New Years Day, Memorial Day, Independence bay, Labor Day Thanksgiving Day, Christmas Day, plus Lincoln's Birthday, Washington's Birthday, Good Friday, Columbus Day, November Election Day, Veteran's Day. POWER EQUIPMENT OPERATORS CLASSIFICATION GROUP 1-A: Carrier- trailer horse; concret-portable hoist; crane & hoist engineer -steel (concrete, material, super structure sub- structure); derrick (stone -steel); elevator & cage; hoist- single/double or triple drum; hoist -portable mobile unit; hoist engineer -concert (crane -derrick -mine hoist); hoist engineer - material; overhead crane; power house plant; telephies (cableway); whirly; maintenance engineer; Lull hilift or similar; hydraulic crane 25 ton and over; cherry picker 25 tons and over; backhoe Oliver 88; fordson; dynahoe; dual purpose and similar machines; Barber Green Loader-euclid loader or similar type; Conway or similar mucking macking machines; dragline; gradall; Page S of 20 Tuesday, March 02, 1999 10:55 AM WAIS Document Retrieval shovel; backhoe etc. (crawler or truck); front end loaders; hydraulic boom; jersey spreader; lift slab console; letournequ or tounapull (scrapers over 20 yds struck); mucking machines; pavement breaker (air ram); paver (concrete); road boring machine; road mix machines; ross carrier and similar machines; post hole digger; shovel (tunnels); side boom; spreader (asphalt); scoopmobile-tractor--shovel over 1 1/2 yds. trenching machines vermeer concrete saw trencher and similar; tractor type demolition equipment; winch truck (a frame); hydraulic crane over 10 ton up to 25 ton); Cherry picker over 10 ton up to 25 ton) GROUP 1-B: Compressor (steel erection.); pulse meter and push button buzz box; elevator; mechanic (outside) all types; welder; scrapers 20 yds struck and under; machine pulling sheep's foot roller; vibratory rollers; roller 4 tons and over. GROUP 2--A: Compactor self-propelled; grader; bulldoze D7 and similar tractors with a draw bar horsepower of 1.00 or over; bulldozer D6 and under; welder; scraper 20 yds struck and under; machine pulling sheep's foot roller; vibratory rollers. GROUP 3-A: Asphalt plant; boiler (high pressure); concrete mixing plants; concrete pump; firemen; forklift; forklift (electric); joy drill or similar tractor drilling machine; loader - 1 1/2 yards and under; locomotive (all sizes); mixer concrete - 21E and over; portable asphalt plant; portable batch plant; portable crusher; quarry master; stone crusher; well drilling machine and well point system; cherry picker under 10 tons; hydraulic crane under 10 tons; concert buffy; one yard an up ride on dumper (benford or similar). GROUP 3-B: Compresscr over 125 cu. feet; conveyor belt machine regardless of size; lighting unit (portable & generator); welding machine (steel erection and excavation); and compressor plant; stud machine; ladder hoist. GROUP 4-A: Air tractor drill; batch plant; bending machine; concrete breaker; concrete spreader; curb cutter machine; farm tractor (all types); finishing machine -concrete; hepavac clean air machine (all similar types: removal of asbestos etc.); material hopper -sand -stone -cement; mixer -concrete -under 21E; mulching grass spreader; pump -gypsum, etc., pump -plaster -grout -fireproofing; shop mechanic (not employed on job site); roller under 4 ton; spreading and fine grading machine; steel cutting machine; syphon pump -air -steam; tar joint machine; turbo jet burner or similar equipment; vibrator (1 to 5); fine grading machine; roof hoist (tugger hoist); television cameras -water - sewer -gas -etc. GROUP 4-B: Compressor to 135 feet; dust; dust collector; heater all types; pump; pump station (water and sewer); steam jenny; sweeper; Chipper; mulcher. GROUP 5-A: Concrete saw; oiler fuel truck and oiler grease truck. GROUP 5-B: Oiler; paint compressor; motorized roller (walk behind); stockroom attendant. GROUP 6--A-1: master mechanic. GROUP 6-A-2: helicoptor hoist operator. GROUP 6-A-3: welder -certified. GROUP 6-A-4: engine -pile driver. GROUP 6-A-5: helicopter -pilot GROUP 6-A-6: helicopter -signalman GROUP 6-A-7: Engineers for all tower cranes, all climbing cranes and all cranes of 100 ton capacity or greater (3900 Manitowac or similar) irrespective of manufacturer and regardless of how the same is rigged (except for pile rigs). GROUP 6-A-8: crane premium for cranes 100-149 ft booms including jib, over and above regular rate (2.00 over regular rate). GROUP 6-A-9: crane premium for cranes 149 ft + booms including jib, over and above regular rate 93.00 over regular rate. Page 9 of 20 Tuesday, March 02, 1999 10:55 AM WAIS Doeument'Retrieval GROUP 6-B-1: Utility man. GROUP 6-B-2: warehouse man. GROUP 6-B-3: oilcer (asphalt paver) GROUP 6-B-4: cable splicer. ---------------- ENGI0137C 03/05/1995 Rates Fringes DUTCHESS (Poughkeepsie and South thereof) POWER EQUIPMENT OPERATORS (HEAVY & HIGHWAY) GROUP 1-A 25.50 13.95+a GROUP 2-A 24.45 13.95+a GROUP 2-B 24.55 13.95+a GROUP 3-A 24.05 13.95+a GROUP 4-A 21.90 13.95+a GROUP 4-B 18.90 13.95+a GROUP 5-A-1 26.90 13.95+a GROUP 5-A-2 26.10 13.95+a GROUP 5-A-3 29.35 1.3.95+a GROUP 5-A-4 25.60 13.95+a GROUP 5-A-5 25.15 13.95+a GROUP 5-A-6 29.65 13.95+a GROUP 5-A-7 23.35 13.95+a GROUP 5-A-8 24.55 13.95+a GROUP 5-B-1 18.90 13.95+a GROUP 5-B-2 18.00 1.3.95+a POWER EQUIPMENT OPERATORS CLASSIFICATIONS (HEAVY & HIGHWAY) GROUP 1-A: Auger; auto grader; dynahoe; and dual purpose and similar machines; Barber -Green loader - euclid loader or similar type machine; Bull dozer (all sizes), central mix plant operator; cherry picker (cableway) - hydraulic; compactor with blade; concrete portable hoist; C.M.I. or similar; Conway or similar mucking machines; crane (crawler or truck) dragline; Grader Derrick (stone steel); Gradall, shovel backhoe, etc.; Elevator &. cage (material or passengers); Front end loaders over 1 1/2 yds.; Hoist single, double, .triple drum; Hoist portable mobile unit; Hoist engineer concrete (crane -derrick -mine hoist); Hoist engineer - material; Hydraulic boom; Letourneau or tournapull (scrapers over 20 yards struck); mucking machines; overhead crane; paver (conccrete); pulsemeter; push button (buzz box) elevator; road mix machines, Ross carrier and similar machines; shovels (tunnels); side boom; spreader (asphalt); scoopmobile- tractor-,shovel over 1 1/2 yards; trenching machines; telephies- vermeer concrete saw trencher and/or similar; tractor -type demolition equipment, whirly; Slip Form Machine; Robot Hammer (Brock or similar); Movable Concrete barrier transfer and transport Vehicle; Boat captain; Close circuit T.V.; Boring machine. GROUP 2-A: Compactor self --propelled; Scrapers - 20 yards struck and under vibratory roller, etc.; roller 4 ton and over; Fusion machine. GROUP 2-B: Mechanic (outside) all types GROUP 3-A: Air tractor drill; asphalt plant; batch plant; boiler (high pressure; concrete breaker; concrete pump concrete spreader; curb cutter machine; farm tractor (all types); finishing machine (concrete); fine grading machine; fireman; forklift; forklift (electric); joy drill or similar tractor drilling machine; loader - 1 1/2 yards and under; locomotive (all sizes), maintenance engineer; machine pulling sheeps foot roller; material hopper; mixer concrete - 21-E and over; mulching grass spreader; portable asphalt plant, portable batch plant, portable crusher; powerhouse plant; quarry master; roller under 4 ton; spreading and fine grading machine; steel cutting machine; stone crusher; sweeper; turbojet burner or similar; well drilling machine ; winch truck "A" frame. Page 10 of 20 Tuesday, March 02, 1999 10:55 AM WAIS Document Retrieval John Henry Drill or similar. GROUP 4-A: Concrete saw "walk behind saw"; Service men (fuel or grease truck). GROUP 4-B: Oiler; Compressor - compressor plant; paint compressor -steel erection; conveyor belt machine; lighting unit (portable & generator); oiler; pumps - pump station-water-sewer- gypsum- plaster, etc.; roller -motorized (walk -behind); welding machine (steel erection excavation); well point system; bending machine; dust collector; mixer - concrete under 21-E; heater all types; steam jenny; syphon pump -air -steam; tar joint machine; vibrator (1 to 5); Compressor Truck Mounted (2-6) GROUP 5-A--1: Master Mechanic GROUP 5-A-2: Helicopter hoist operator. GROUP 5-A-3: Engineer - all tower cranes, all climbing cranes and all cranes of 100 ton capacity or greater (3900 Manitowac or similar) irrespective of manufacturer and regardless of how the same is rigged (except for pile rigs). GROUP 5-A-4: Hoist Engineer - steel - sub -structure; GROUP 5--A--5: Engineer - pile driver. GROUP 5-A-6: Welder --Certified GROUP 5-A-7: Helicopter - pilot. GROUP 5-A-8: Helicopter - signalman. GROUP 5-A-9: Jersey -;:spreader, pavement breaker (air ram); Post Hole Digger GROUP 5-B-1: Second engineer over 80 ton crane GROUP 5-B-2: Utility man. NOTES: Loader Operator (over 5 cu yds) .50 Shoval Operators (over 4 cu yd) 1.00 Hazmat premium over regular rate 20% FOOTNOTE: a. PAID HOLIDAYS: New Year's Day; Lincoln's Birthday; Good Friday; Memorial Day; Independence Day; Labor pay; Veterans Day; Columbus Day; November Election Day; Thanksgiving Day; and Christmas Day -----------------------------------------_--_------------------- ENG10825K 07/01/1998 Rates Fringes ORANGE, ULSTER AND SULLIVAN COUNTIES POWER EQUIPMENT OPERATORS (BUILDING HEAVY & HIGHWAY): GROUP 1 29.62 14.65+a GROUP 2 28.03 14.65+a GROUP 3 26.12 14.65+a GROUP 4 24.49 14.65+a GROUP 5 22.78 14.65+a GROUP 6 31.44 14,65+a NOTES: Hazmat Premium 20% Hydrographic Premium. .50 POWER EQUIPMENT OPERATORS CLASSIFICATIONS (BLDG, HEAVY & HWY) GROUP 1: Autograde-Pavement-Profiler (CMT and Similar Type); utograde-Pavement-Profiler (CMT and Similar Types);Autograde Slipform Paver (CM.I and Similar Types); Backhoe; Central Power Plants (all types); Concrete Paving Machine (s-240 and Similar Types); Cranes (All Types, Including Overhead and Straddle Traveling Type); Cranes, Gantry; Derricks (Land, Floating or Chicago Boom Type); Drillmaster/Quartmaster (Down the Hole Drill) Rotary Drill; Self -Propelled, Hydraulic Drill, Self -Powered Drill Draglines, Elevator Graders, Front End Loaders (5 yds, and over), Gradalls, Grader: Raga, Helicopters (Copilot), Helicopters, (Communication Engineer), Locomotive (large), Mucking Machines, Pavement and Concrete Breaker (Superhammer, Hoe Ram, Brokk 250 and Similar Types), Pile Driver (length of boom including length of leads shall determine premium rate applicable), Roadway Page I1 of 20 Tuesday, March 02, 1999 10:55 AM WAIS Document Retrieval Surface Grinder Scooper (loader and shovel), Shovels, Tree Chooper with Boom, Trench Machines, Tunnel Boring Machines. GROUP 2: "A" Frame; Backhoe (Combination); Boom Attachment on Loaders (Rate based on size of bucket) not applicable to Pipehook) Boring and Drilling Machines, Brush Chopper, Shredder and Tree Shredder Tree Shearer, Cableways, Carry-alls, Concrete Pump, Concrete Pumping System, Pumperete and Similar Types, Conveyors, 125 ft and over; Drill Doctor (duties include dust collector, maintenance), Front End Loader (22 yds. but less than 2 yds:), Graders (Finish); Groove Cutting Machine (ride on type), Heater Planer; Hoists: (all type hoists, Shall Also Include Steam, Gas, Diesel, Electric, Air Hydraulic, Single and Double Drum, Concrete, Brick Shaft, Caisson, Snorkel Roof, and or any other similar type Hoisting Machines, Portable or Stationary, Except Chicago Boom Type). Long Boom Rate to Be Applied if Hoist is "outside material lower hoist"; Hydraulic Cranes-10tons and Under; Hydro -Axe; hydro -Blaster; Jacket (Screw Air Hydraulic Power Operated Unit or Console Type: Not Hand Jack or Pile Load Test Type), Log Skidder; Pans, Pavers (all) Concrete; Plate and Frame Filter Press; Pumperete Machines; Squeeze Crete and Concrete Pumping (regardless of size); Scrapers; Sidebooms; Straddle Carrier, Ross and Similar Types; Vacuum Truck; Whip Hammer; Winch Trucks (Hoisting). GROUP 3: Asphalt Curbing Machine, Asphalt Plant Engineer, Asphalt Spreader; Autograde Tube Finisher & Texturing Machine (CMT and Similar types) Autograde Curecrete Machine (CMI and Similar Types); Bar Bending Machines (power), Batchers, Batching Plant and Crusher on-site; Belt Conveyor Systems; Boom Type Skimmer Machines; Bridge Deck Finisher; Bulldozers (all); Car Dumpers (A:road); Chief of Party; Compressor and Blower Type Units (used) Independenty or Mounted On Dual Purpose Trucks, On Job Site or In Conduction with Job Site, in Loading and Unloading of Concrete, Cement, Fly Ash, instantcrete, or Similar Type Materials); Compressor 92 or 3 in Battery); Concrete Finishing Machines; Concrete Saws and Cutters (ride on type); Concrete Spreaders, Hetzel, Rexomatic and Similar types; Concrete Vibrators; Conveyors, Under 125 ft), Crushing Machines, Ditching Machine, Small (ditchwitch, Vermeer or Similar type); Dope Dots (mechanical with or without pump), dumpsters; Elevator; Fireman; Forklifts (economobile, lull, and similar types of equipment); Front End Loaders (1 yd. and over but less than 2 yds.); Generators (2 or 3 in Battery/ within 100 ft); Giraffe Grinders, Graders and Motor Patrols; Grout Pump; Gunnite Machines (excluding nozzle); Hammer Vibratory (in conduction with generators); Hoists (Roof, Tuggeraerial Platfrom Hoist and House Cars), Hoppers, Hoppers Doors (power operated); Hydro -Blaster (where required); Ladders (Motorized); Laddervator; Locomotive, Dinky type; Maintenance, Utility Man; Mechanics; Mixers (Excepting Paving Mixers); Motor Patrols and Graders; Pavement Breakers, Small, Self -Propelled ride on type (also maintains compressor or hydraulic unit); Pavement Breaker, Truck Mounted; Pipe Bending Machine (power); Pitch Pump; Plaster Pump (regardless of size); Post Hole Digger (post pounder and auger); Rod Bending Machines (power); Roller, Black Top; Scales, (power); Seaman Pulverizing Mixer; Shoulder Widener; Silos; Skimmer Machines (Boom Type); Steel Cutting Machine, Services and Maintains; Tamrock Drill; Tractors; Tug Captain; Vibrating Plants (used in conduction with unloading); welder and Repair Machines. GROUP 4: Brooms and Sweepers; Chippers; Compressors (single); Concrete Spreaders (small type); Conveyor Loaders (not including Elevator Graders); Engines, Large Diesel (1620 h.p.) and Staging Pump; Farm Tractors;.Fe.rtilizing Equipment (Operator and Maintenance of); Fine Grade Machine (small type); Form Line Page 1.2 of 20 Tuesday, March 02, 1999 10:55 AM WAIS Document Retrieval Graders (small type); Front End Loader (under 1 yd); Generator (single); Grease, Gas, Fuel and Oil Supply Trucks; Heaters (Nelson or Other 'Type Including Propane, Natural Gas or Flowtype Units); Lights, Portable Generating Light Plants; Mixers, Concrete Small; Mulching Equipment (Operation and Maintenance of); Pumps (2 of Less Than 4 Inch Suction); Pumps 94 Inch Suction and Over Including Submersible Pumps); Pumps (Diesel Engine and Hydraulic); Immaterial of Power; Road Finishing Machines (Small Type); Rollers, Grade, Full Or Stone Base; Seeding Equipment (Operation and maintence of); Sprinkler and Water Pump Trucks (Used on job Site or in conduction with Job Site); Steam Jennies and Boilers, Irrespective of Use; Stone Spreader; Tamping Machines, Vibrating Ride On; Temporary Heating Plant (nelson or Other Type, Including Propane, Natural Gas or Flow Type Units); Water and Sprinkler Trucks (Used On Job Site In Conduction with Job Site); Welding Machines -Within 100 ft (Gas, and /or Electric Converters of any type, single, tow or three in a battery). welding system, multiple (rectifier transformer type) well point systems (including installation by bull gang and maintenance of). GROUP 5: Oiler GROUP 6: Helicopter Pilot FOOTNOTE: a. PAID HOLIDAYS: New Years Day, Washington's Birthday Memorial Day, July 4th, Labor Day, Veteran's Day, Election Day, Thanksgiving Day, and Christmas Day, provided the employee works one day during the calendar week in which the holiday occurs ---------- -------------------------------------------------------_ ENG10825L 07/01/1994 Rates Fringes ORANGE, ULSTER AND SULLIVAN COUNTIES POWER EQUIPMENT OPERATORS BUILDING CONSTRUCTION STEEL ERECTION GROUP 1 30.09 12.65+a GROUP 2 29.18 12.65+a GROUP 3 27.04 12.65+a GROUP 3 24.38 12.65+a GROUP 3 22.85 12.65+a GROUP 6 21.09 12.65+a GROUP 7 31.45 12.65Fa NOTES: Hydrographic Premium .50 Hazmat Premium 200 Tunnel Premium .75 STEEL ERECTION CLASSIFICATIONS GROUP 1: Cranes (All Cranes, Land or Floating with Booms Including Jib 140 ft and over, Above Ground); Derricks, Land, Floating or Chicago Boom Type with Booms including Jib 140 ft and over above ground). GROUP 2: Cranes (All Cranes, Land or Floating with Booms Including Jib Less Than 140 ft Above Ground); Derricks, Land, Floating or Chicago Boom Type with Booms Including Jib Less Than 140 ft above Ground). GROUP 3: "A" Frame, Cherry Pickers 10 tons and under, Hoists Shall Also Include Steam, Gas, Desel, Electric, Air Hydraulic, Single and Double Drum Concrete, Brick Shaft Caisson, or Any Other Similar Type Hoisting Machines, Portable or Stationary, Except Chicago Boom Type; Jacks: Screw Air Hydraulic Power Operated unit or Console Type (not hand Jack or Pile Load Test Type); Side Booms. GROUP 4: Aerial Platform used as Hoist; Compressor: 2 or 3 in Battery; Elevators or House Cars; Conveyors and Tugger Hosits; Chief of Party; Firemanp; Forklift; Generators (2 or 3); Page 13 of 20 Tuesday, March 02, 1999 10:55 AM WAIS Document Retrieval Maintenance (Utility Man); Rod Bending Machine (power); Welding Machines (Gas or Electric, 2 or 3 in Battery, Including Diesels); Captain: Power Boats: Tug Master: Power Boats. GROUP 5: Compressor, Single; Welding Machine, Single, Gas, Diesel, and Electric Converters of any Type: Welding System Multple (Rectifier Transformer Type); Generator, Single. GROUP 6: Oiler, staddle carrier GROUP 7: Helicopter Pilot FOOTNOTE: a. PAID HOLIDAYS: New Years Day, Washington's Birthday, Memorial Day, Inde.0endence Day, Labor Day, Veteran's Day, Election Day, Thanksgiving Day, and Christmas Day, provided the employee works one day in the calendar week during which the holiday occurs. ----------------------------------------------------------------- POWER EQUIPMENT OPERATORS BUILDING CONSTRUCTION TANK ERECTION GROUP 1 29.96 12.65+a GROUP 2 29.12 12.65+a GROUP 3 31..10 12.65+a GROUP 4 27.03 12.65+a GROUP 5 21.62 12.65+a NOTES: Tunnel Premium .75 Hazmat Premium 20%- Hydrographic 0gHydrographic Premium .50 TANK ERECTION CLASSIFICATIONS GROUP 1: Operating Engineers on all Cranes, Derricks, ets with Booms Including Jib 140 ft or More Above Ground. GROUP 2: Operating Engineer on all Equipment, Including Cranes, Derricks, ets with Booms Including Jib, Less Than 140 ft above the ground. GROUP 3: Helicopter Pilot Engineer. GROUP 4: Air Compressors, Welding Machines and Generators are Covered and are Defined as Cover: Gas, Diesel, or Electric Driven Equipment and Sources of Power from a Permanent Plant: ie: Staem, Comgressed Air, Hydraulic or Other Power, For The Operating of any Machine or Automatic Tools, Used In The Erection, Alteration, Repair and Dismantling of Tanks and Any and All "Dual Purpose" Trucks Used On The Construction Job Site, or in the Loading and Unloading of Materials, at the Construction Job Sited or in Conjuction with the Job Site, GROUP 5: Oiler FOOTNOTE: a. PAID .HOLIDAYS: New Years Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Election Day, Thanksgiving Day, and Christmas Day provided the Employee works one day in the calendar week during which the holiday occurs ----------------------------------------------------------------- POWER EQUIPMENT OPERATORS OILSTATIC MAINLINES AND TRANSPORTATION GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 PIPE LINES: 28.10 12.65+ a 26.45 12.65+ a 24.31 12.65+ a 22.81 12.65+ a 21.09 1.2.65+ a 30.03 12.65+ a NOTES: Hydrographic Premium .50 Hazmat Premium 20%; Tunnel Premium .75 OILSTATIC MAINLINES AND TRANSPORTATION PIPE LINES CLASSIFICATIONS Page 14 of 20 Tuesday, March 02, 1999 10:55 AM WAIS Document Retrieval GROUP 1: Backhoe; Cranes (all types);'Draglines, Front End Loaders (5yds. and over), Gradalls, Helicopters (co-pilot), Helicopters (Communication Engineer); Scooper (Loader and Shovel) Koehring; Trench Machines. GROUP 2: "A" Frame; Backhoe (Combination Hoe Loader); Boring and Drilling Machines; Ditching Machines, Small, Ditchwitch, Vermeer or Similar type; Forklifts; Front End Loaders 92 yds, and over but less than 5 yds.); Graders, Finish (fine); Hydraulic Cranes 10 tons and under (over 10 tons) Cranes Rate Applies); Side Booms: Winch Trucks (Hoisting). GROUP 3: Backfiller; Brooms and Sweepers; Bulldozers; Compressor (2 or 3 in battery); Chief of Party; Front End Loaders (under 2 yds); Generators; Giraffe Grinders; Graders and Motor Patrols; Machnic; Pipe Bending Machine (power);Tractors; Water and Sprinkler Trucks used on Job Site or in Conduction with Job Site); welder and Repair Mechanic; Captain (power boats); Tug Master (power boats). GROUP 4: Compressor (single); Dope Pots (Mechanical with or without Pump); Dust Collectors; Pumps (4 inch suction and over); .Pumps (2 of less than 4 inche suction); Pumps, Diesel Engine and Hydraulic (immaterial of power); Welding Machines, Gas or Electric Converters of any type-- 2 or 3 in Battery Multple Welders; Well Point Systems (including installation and Maintenance); Fram Tractors. GROUP 5: Oiler, grease, gas, fuel and oil supply trucks; Tire repair and maintenance GROUP 6: Helicoter Pilot FOOTNOTE: a. Paid Holidays: New Years Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Election Day, Thanksgiving Day, and Christmas Day Provided the Employee works one clay in calendar week during which the holidays occurs. ----------- IRON0417A 07/01/1998 Rates Fringes IRONWORKERS 26.85 16.50 ----------------- LAB00017M 07/01/1998 Rates Fringes ORANGE, ULSTER SULLIVAN AND DUTCHESS COUNTIES LABORERS BUILDING CONSTRUCTION: GROUP 1 19.00 8.30 GROUP 2 22.25 8.30 GROUP 3 24,05 8.30 GROUP 4 26.80 8.30 LABORERS BUILDING CLASSIFICATIONS GROUP 1: Custodial work, flag person, traffic control person, toll room tender, temporary heat tender, temporary light tender, portable pump tender, portable generator tender. GROUP 2: Common laborers, general clean-up person., safety & firewatch person, temporary weather protection, snow removal, dump area person, wrecking, demolition, dismantling person, landscaping person, chuck tender, poured gypsum roof work, water proofing, styrofoam installation persons, tile setter tender, carpenter tender. GROUP 3: Asphalt laborer, pump concrete machines, fare proofing & acoustic pumps & mixers, gunte, sand blasting, pressure blasting, singal person, air or electric chipping hammer, barmen, pavement breaker, jack hammer, hydraulic splitter, air track, power man, pipelayer, conduit layer, duct bank layer, vibro, baso, jay tamper, walk behind tamper, or similar type walk behind rollers, Page 15 of 20 Tuesday, March 02, 1999 10:55 AM WAIS Document Retrieval radio controlled tampers & rollers, chain saw operator, scaffold builder, concrete laborer, hod carriers, concrete mixer, concrete vibrator, walking power biggy, riding power buggy, power driven mortar mixer, power driven plaster mixer & mason tender; concrete saw, granite, stone or manufactured curbing, surface setting of all block, brick, stone, assembling & placing of gabion basket or similar, rip rap, low fork lifts and laser operations under laborers jurisdiction, form setting burner -torch), chain link fence, wagon drill, joy & gib drills, Ingersol Rand, heavy duty crawler -master type HCMZ, drill machines or equivalent, all wrecking, demolition or dismantling above fourteen (14) feet, erecting and dismantling or scaffolding above fourteen (14) feet, cleaning machine. GROUP 4: All work related with asbestos, or any toxic and hazardous material, blasting,'leroy hydraulic or similar, scaffold or platform work thirty (30) feet or more above surface and high fork lift, fireproof spraying. -------------------------------------------------------------- LABORERS HEAVY & HIGHWAY: GROUP 1: 18.25 8.05+a GROUP 2: 23.25 8.05+a GROUP 3: 24.35 6.05+a GROUP 4: 25.05 8.05+a GROUP 5: 27.80 8.05+a FOOTNOTE: a. PAID HOLIDAYS: New Years Day, President's Day, Memorial Day, Independence Day, Labor Day, Election Day, Veterans Day, Thanksgiving Day, Christmas Day LABORERS HEAVY AND HIGHWAY CLASSIFICATIONS GROUP 1: F'lagperson, placing and maintenance of all flares, cones, light, signs, barrlcades, traffic patterns all reflective type materials for traffic control, custodial work, traffic directors, temporary .,.eat, snow removal and firewatch GROUP 2: General laborers, chuck tender, handling and distributing drinking water, distributing all tools and supplies of laborers, nipper, powder carrier, magazine tender, warehouse laborers, concrete man, vibrator man, mason tender, mortar man, spraying, brushing and covering of concrete for curing and preservative purposes, traffic striper, scaffold builder, concrete crab and sidewalk from setter GROUP 3: Asphalt men., joint setter, signal man, wellpoints, conduit and layer, wire puller, rip rap and dry stone layers, steel rod carriers core drill, rock splitter, Hilti gun -air, or electric, jackhammer, chipping hammer, bush hammer, pavement breaker, wagon drill, air track, jib rig, joy drill, gunnite and sandblasting, coal pass and nozzle men on mulching and seeding machines, all guard rail and fence men, all seeding and sod laying, all landscape work, grade checkers, all bridge work, walk behind rollers, and tampers of all types, salvage stripping, wreckin and dismantling laborers (including bar men, cutting torch and burnermen), sheeting and shoring, bit grinder, operator of form pin pullers, and drivers, sandblasting, joint and jet sealers, filling and wiring of baskets for gabion walls, permanent sing men, medium barrier, stawall or similar type product, chain saw operator, railroad track laborers, waterproofers, prestressed and pre -cast concrete, crubs, brick and block and stone pavers, power tool used to perform work usually done by laborers, power buggy and pumperete operator, fireproof, plaster and acoustic pump, asbestos, toxic or hazardous materials abatement when protective clothing and equipment is not required, power brush cutter behind surface planer, welding related to laborers work, remote controlled equipment normally operated by laborers. GROUP 4: Concrete finisher and form setter for concrete pavement, Page 16 of 20 Tuesday, March 02, 1999 10:55 AM WAIS Document Retrieval gunnite nozzle man, sotne cutters, granite stone layer, manhole and catch basin on inlet installing, Ingersoll Rand heavy duty crawler -master HCMZ, any drill using a 4" or larger bit, mortar mixer and forlk lift operator, laser men. GROUP 5: Asbestos, toxic, or hazardous material abatement when protective clothing and equipment is required. LeRoi hydraulic drill or similar, scaffold or platform work thirty (30) feet above the surface, high fork lift fireproof spraying. TUNNEL, SHAFT & CASSION WORK GROUP 1 23.70 8.05+a GROUP 2 25.65 8.05+a GROUP 3 26.15 8.05+a GROUP 4: 28.85 8.05+a FOOTNOTE: PAID HOLIDAYS: New Years Day, Presidents's Day, Memorial Day, Independence Day, Labor Day, Election Day, Veterans Day, Thanksgiving Day, Christmas Day TUNNEL, SHAFT & CASSI)N CLASSIFICATIONS GROUP 1: Laborer, Pit and Dumpman, Chuck Tender, Brakeman and Powder GROUP 2: Miner and all mavhine men, Safety Miner, all shaft work, casson work, drilling, blow pipe, all air tools, tugger scaling, nipper gunniting Brom pot to nozzle, bit grinder, singal man (top and bottom), shift steward, concrete man, shield driven tunnel, mixed face and soft ground liner plate tunnel in free air. GROUP 3: All work under compressed air to include, but not limited to Miner and all Machine men, Safety Miner all scaling, Nipper, Gunniting from Pot to Nozzle, Bit Grinder Signal man GROUP 4: Asbestos, abatement work, toxic and hazardous material when protective clothing and equipment is required. ----------------------------------------------------------------- LAB01000A 06/01/1.998 Rates Fringes DUTCHESS COUNTY LABORERS (BUILDING CONSTRUCTION): GROUP 1 20.65 8.40+a GROUP 2 21.15 8,40+a GROUP 3 21.65 8.40+a GROUP 4 22,65 8.40+a LABORERS CLASSIFICATIONS (BUILDING) GROUP 1: Mason tenders, carpenter tenders, laborer stripping and cleaning forms, laborer grading and digging ditches, sweepers and cleaners GROUP 2: Hod Carriers (plasters' helpers) scaffold builders (padlock and self-supporing scaffold 14 feet or under all runways), mortar mixers (by machine under 21E) vibrators, form setters, asphalt rakers, handling reinforcement rods, working labor foreman, dirllers and jack hamemrs and operators, signal men, gunniting, shop stewards, motor buggs, water pumps 2" or under, Braco machine, wreckers, paving breaker, power saw operators, other machine operators. GROUP 3: Blaster, laser beam operator GROUP 4: Asbestos abatement work, toxic, and hazardous abatement and related work FOOTNOTE: a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day Thanksgiving Day, and Christmas Day ---------------------------------------------------------------- LAD01000D 05/01/1998 DUTCHESS COUNTY LABORERS (HEAVY & HIGHWAY): GROUP 1 GROUP 2 Rates Fringes 17.70 8.15+a 21.21 8.15+a Page 17 of 20 Tuesday, March 02, 1999 10:55 AM WAIS Document Retrieval GROUP 3 21.46 8.15+a GROUP 4 22.21 8.15+a GROUP 5 23.41. 8.15+a LABORERS CLASSIFICATIONS (HEAVY & HIGHWAY) GROUP 1: Flagpexson, placing and maintenance of all flares, cones, light, signs, barricades, traffic control, custodial work, traffic directors, temporary heat or light tenders, tool rooms. GROUP 2: General Laborers, Dumpman, Pitman. GROUP 3: Concrete Man, Signal Man, Pipelayer, Rip Rap, Dry Stone Layer, Jackhammer, Powderman, Highscalers, Power Buggy Operator, Steel Rod Carrier, Vibratory Operator, Other Machine Operator, Wrecking., Vibrator Operator -Compactor, Gunite and Sand Blasting, Water Pump 2" or under, Nipper, Chucker, Asphalt Workers. GROUP 4: Asphalt Raker, Asphlat Screeman, Drillers (all), Laser Beam Operator, Form Setter/Aligners, Blasters. GROUP 5: Asbestos, Toxic, Lead, or Hazardous Material Abatement when protective clothing and equipment are required. FOOTNOTE: a. PAID HOLIDAYS: New Years Day, Lincoln's Birthday, Good Friday, Washington's Birthday, November Election Day, Memorial Day, Independence Day, Labor Day, Columbus day, Thanksgiving Day and Christmas Day and Veteran's Day. ------------------------------------------------ 7--------------- PAIN0009F. 06/01/1997 Rates Fringes GLAZIERS 27.34 16.22 ---------------------------------------------------------------- PAIN0155B 06/01/1998 Rates Fringes PAINTERS PAINTER\PAPERHANGER 19.04 8.41 DRYWALL FINISHERS 19.04 8.41 SPRAY RATE 20.04 8.41 STRUCTURAL STEEL 27.29 8.41 BRIDGES, SWING STAGE, 27.29 8.41 BOATSWAIN CHAIR, PICK & CABLES OVER 20 FEET LEAD ABATEMENT WORK 19.04 6.41 ---------------------------------------------------------------- PAIN0155D 06/01/1998 Rates Fringes DUTCHESS (to Hyde Park) AND ULSTER (to Kingston) COUNTIES GLAIZIERS 18.20 3.66 ---------------------------------------------------------------- PLUM0201B 10/01/1998 Rates Fringes DUTCHESS COUNTY AND THE REMAINDER OF ULSTER COUNTY PLUMBERS AND STEAMFSTTERS 23.75 12.33 --------------------------------------------------_--_------------ PLUM0373B 05/01/1997 Rates Fringes ORANGE COUNTY (Towns of Monroe and Tuxedo) PLUMBERS AND STEAMFITTERS 25.47 1.5.65 ---------------------------------------------------------------- PLUM0373C 05/01/1998 Rates Fringes ZONE 2 SULLIVAN, ORANGE (Except the Towns of Monroe and Tuxedo) AND ULSTER (The Towns of Shawangurk, Wawarsing, Plattekill and Marlboro) Page IS of 20 Tuesday, March 02, 1.999 10:55 AM WAIS Document Retrieval PLUMBERS AND STEAMFITTERS 23.40 11.80 ---------------------------------------------------------------- ROOF0008B 07/01/1998 Rates Fringes ROOFER 26.58 15.30 ---------------------------------------------------------------- SFNY0669D 04/01/1.998 Rates Fringes SPRINKLER FITTERS $28.05 6.35 ---------------------------------------------------------------- SHEE0038A 07/01/1998 Rates Fringes. SHEET METAL WORKERS 28.13 1.4.89 ---------------------------------------------------------------- TEAM0445A 07/01/1998 Rates Fringes TRUCK DRIVERS: GROUP 1 21.25 13.45+a GROUP 2 21.15 13.45+a GROUP 3 20.95 13.45+a GROUP 4 20.85 13.45+a GROUP 5 20.75 13.45+a FOOTNOTE: a. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day Plus Washington's Birthday, Election Day, and Veterans Day, provided the employee works one day calendar week during which the holidays occurs. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Drivers on Letourneau tractors, double barrel euclids, Athey wagons and similar equipment (except when hooked to scrapers), drivers on low beds, I-beam and pole trailers, drivers of road oil distributors, tire trucks and tractors and trailers with 5 axles and over. GROUP 2: Drivers on all equipment 25 yards and over, up to and including 30 yard bodies and cable dump trailers and powder and dynamite truucks. GROUP 3: Drivers on all equipment up to and including 24 yard bodies, mixer trucks, dump Crete trucks and similar types of equipment, fuel trucks and all other tractor trailers. GROUP 4: Drivers on ten -wheelers, grease trucks and tillermen. GROUP 5: Drivers on pick-up trucks used for materials & parts, drivers on escort man over -the -road and drivers on straight trucks. ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Unlisted classifications needed for work not included within the.scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (v) ) . ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a Page 19 of 20 Tuesday, March 02, 1999 10:55 AM WAIS Document Retrieval position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial Contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, .D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requester considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may ppeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Page 20 of 20 Tuesday, March 02, 1999 10:55 AM Federal Labor Standards Provisions dplicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions -are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. {i) Minimum Wages. All laborers and mechanics employed or work- ing upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the'construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractural relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CF11-5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classifica- tion for the time actually worked therein: Provided, That the employer's pay- roll records accurately set forth the time spent in each classification In which work is performed. The wage determination (including any additional class4icatlon and wage rates conformed under 29 CFP, Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the con- tractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. cit) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shalt approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met (1) The work to be performed by the classification requested is not performed by a classifioation in the wage determination; and (2) The classification is utilized in the area by the construction industry, and (3) The proposed wage rate, including any bona fide fringe bene- fits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (it known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210, The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classifi- cation action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional o is necessary. (Approved by the Office of Management and Budget Jer OMB control number 1215-0140.) (c) in the event the contractor, the laborers or mechanics to be empfcyed in the classification or their representatives, and HUD or its designee do not agrea on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), Previous Edition is Ohsoiete U.S. Department of Housing and Urban Development i r HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized repre- sentative, will issue a,determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Man- agement and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shaft be paid to all workers performing work in the classification under this con- tract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shalt either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (v) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer cr mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers," employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States dousing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by ble contract HUD or its desig- nee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, dis- burse such amounts withheld for and on account of the contractor or sub- contractor to the respective employees to whom they are due. The Comp- troller General shafl make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name. address, and social security number of each such worker, his or her cor- rect classification, hourly rates of wages paid (including rates of contribu- tions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-l�,,,con Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(N) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or pro- gram described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such HUD -4010 (2-84) 44B 1344.1) benefits is enforceable, that the plan or program is financially responsible, -and that the pian or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs antici- pated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certifi- cation of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrofls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and compleleiy all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Docu- ments (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149,) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned; without rebate, either directly or indirectly, and that no deductions have been made either directly or indi- rectly from the full wages earned, other than permissable deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the clas- sication of work performed, as specified in the applicable wage determina- tion incorporated into the contract . (c) The weekly submission of a property executed certification set forth on the reverse side of Optional Form WH=347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A-3.(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and .Section 231 of Title 31 of the United States Code. (ili) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcon- tractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, appli- cant, or owner, take such action as may be necessary to cause the sus- pension of any further payment, advance, or guarantee of funds. Further- more, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4. n Apprentices and Trainees. Apprentices. Apprentices will be per- mitted to work at less than the predetermined rate for the work they per- formed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed: In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determi- nation for the work actually performed, Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the jour- neyman's hourly rate) specified in the contractors or subcontractor's ros- tered program shall be observed. Every apprenctice must be paid at net less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shatl be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. if the Administrator determines that a different practice prevails for the applicable apprenffce classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Appren- ticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (i) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work per- formed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced -by formal certifi- cation by the U.S. Department of .labor, Employment and Training Admini- stration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee pro- gram does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a. training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not fess than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Admin- istration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predeter- mined rate for the work performed until an acceptable program is approved. (Iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this W shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5, Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any sub contracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses In any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcon- tractor with all the contract clauses in 29 CFR Part 5.5. HUD -4010 (2-84) 7. Contracte termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debar- ment as a contractor and a subcontractor as provided in 29 CFR 5.12. 13. Compliance with Davis -Bacon and Related Act Requirements. All rul-- Ings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include dis- putes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (1) Certification of Eligibility. By entering into this contract, the con- tractor certifies that -neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or partici- pate in HUD programs pursuant to 24 CFR Part 24. (fl) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. {ill) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Crimnal Code, Section 1010, Title 18 , U.S.C., "Federal Housing Administration transactions", pro- vides in part "Whoever, for the purpose of. ..influencing in any way the action of such Administration... makes, utters or publishes any statement, knowing the same to be false.. , shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shati be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B Contract Work Hours and Safety Standards Act As used in this para- graph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employ- ment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek In which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives com- pensation at a rate not less than one and one-half times the basic rate of pay for ail hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation; liability lot unpaid wages; liquidated damages. In.the event of any violation of the clause set forth in subparagraph (1) of $his paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcon- tractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages, Such liquidated damages shall be com- puted with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in sub- paragraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without pay- ment of the overtime wages required by the clause set forth in subpara- graph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an autho- rized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contrac9 or any other Federally -assisted con- tract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided In the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shalt be responsible for compliance by any subcontractor or lower tier subcontrac- tor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or danger- ous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with alt regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant lothe Con- tract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat 96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions wki be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. HUD -4010 (2-84) t SPECIAL EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246,- as Amended (Applicable` to '•F deic' lly assisted constructa..on contracts and related subcontracts $10,000 and under) Duing the performance of this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion., sex, or national origin_ The Contractor shall take affirmative action to ensure that applicants for employment are employed,'and that employees are treated during employment, without regard to their race, color, religion, sex,.or national origin_ Such action shall include, but not be limited to, the follow- ing: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay pr other forms of com- e pensation; and selection for training, including apprentice -ship - (2) The Contractor shall post in conspicuous places, - available to- employees -and applicants for employ - went, notices to be provided by Contracting Officer setting forth the provisions of -this non- discrimination clause_ The Contractor shall state that all qualified applicants will receive coasid--• enation for employment without regard to race, color, religion, sex, or national origin_ (3) Contractors shall incorporate foregoing require- ments in all subcontracts_ B_ Executive Order 11246 ...(Contracts./subcontracts. above:.. 10,000) 1_ Section 202 Equal. opportunity Clause During the performance of this contract, the contractor agrees as follows (1) The contractor will not discriminate against any em- - ployee. or applicant for employment because of race, color, regligion, sex, or national origin_ The con- y tractor will take affirmative action to ensure that applicants are, employed, and that employees are treated during employment, without regard to their race, color, religion, sex, 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 fors of compensation; and selection for int training, including apprenticeship_ The contractor agrees to post in conspicuous palces, available to employees and applicants for employment, notices to be provided 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 consider- ation without regard to race, color, religion, sex, or national origin_ (3) The contractor will send to each. labor union or represent- ative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section, 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 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor- (S) The contractor will furnish all information and reports required by Executive Order 11.246 of September 24, 1965, and by rules regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of labor for purposes of investigation to ascertain compliance with such rules, regulations, -nd others_ (6) In the event of the contractor's non-compliance with the non-discrimination clauses of'this contract or with any of the said rules, regulations, or.orders, this contract may be cancelled, 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 11'246 of September 24, 1965, or by rule, regulation, or order of the secretary of Labor, or as otherwise provided by law. (7} The contractor will include the provisions of the sentence immediately preceding paragraph (1) and 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 11.246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor_ The contractor will take such action with respect to any subcontract or purchase order as the Departinent may direct as a. means of enforcing such pro- -visions, including sanctions for non-compliance. Provides, however, that in the event a'contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the i.riterest of the United States. 2. Notice of Re uirement for Affirmative Action -to Ensure Em to ent O ortuni11 t- I Executive Order 4 ..'(Applicable to contracts/subcontracts exceeding $10,000_) 1- The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein_ 2- The goals and timetables for minority and"female participation; expressed -in percentage`terms for the Contractor's aggregate, workforce, in each trade on all construction work. in _the ,covered. area, are as •fol lows : Goals for Goals or eanale riinority particination partiipation Insert goals Insert goals for current year These goals are applicable to all the,Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area_ The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative act -on obligations required by the. specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals established for'the geographical area where the contract resulting from this solicitation is to be performed_ The hours of minority and female employ- ment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ u norities and women evenly on each of its projects- The transfer of -minority or ;female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive order and the regulations in 41 CFR Fart 60-4_ Compliance with the goals will be- measured agaizist the total work hours performed_ 3_ Standard -Federal, Equal Employment Opportunity Construct o'n.Contract Specifications (Executive -.Order 11246) 1_ As used in these specifications: a.. "Covered area" means the geographical area described in the solicitation from which this contract resulted; T b. "Director" paeans Director, Office of Federal Contract Compliance Programs; United States Department of Labor, or any person to whom the Director delegates authority; c_ "Employer identification number" means the Federal Social Security number used on the Employer`s Quarterly Federal Tax Return, U_S_ Treasury Department Foran 941- d- "Minority" .includes= (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin) ; (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or -other Spanish Culture or origin, regara- less of race); (iii) Asian and Pacific islander (ail persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affil- iations through membership and participation ox community identifi- cation) - 2_• Whenever the.. Contractor, or any Subcontractor at any i.ier, subc:ont.racts a portion of tk�e wor]c involving any y,const_ruction trade, it shall'p ys- ically` irnclude in each'-subcon Tact""iii` _xcess of $10_"000 the provislotls of--these`-specifications and the Noti.ce-'wi-iich-contains-the,-applicable goals. for. minoz-ity and female parti-cipation and 3. The Contractor shall. .pxovide .wr i tten notaficaian r.- to the YDi ec or - o _,the Off ce .o 'Feder al_Contract Compliance .Pxogxaius�:wi thin - 10 working.. days of airard of any ..consxction subcontract in excess of $lo,000 at-.; ny1"tier- far construction work under the contract .resulting fropn this _soizcitation., The notification shall list the name, address and telephone ,number of the subcontractor; . employer identification number; estimated dollar amountof the subcontract; estimated startingand ahicaplarean_ inates of the subcontract: and the geo formed. which the contract is to be Pe 4. As used .in this Notice. and in the contract resu sting from this solicitation, the "covered area" is of New York, County of and the and which is set forth in the soiici_tatzons front which this contract resulted_ 3_ If the Contractor is participating (pursuant to 41 CFR 60-4'-5) in a Hometown Plan approved by the u_ S _ Department of Labor• in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for.those trades which have unions participating in the -.Plan. Con- tractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith_ effort to achieve each goal -under the Plan in each trade in which it has employees. The overall good faith.performafice by other Contractors or Subcon- tractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure tp take good faith efforts to achieve the Plan goals and timetables_ 4_ The o ntsactor_.shall. imP3ement:;the ; specific_affir- Cmative, action,-standards-:-provided-:_in 'paragraphs ..7a through, p -.. of -these specifications-_ The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of ,F_mployment and training of minority and female ut-ili.xati.on the Contractor should reason- ably be able to achieve In each construction trade in which It. has employees in the covered area- The Contractor is expected to make-substantially-uni- its goals in'each'craft during form progress toward the period specified- of Neither the provisions of any collective bargaining agreement, nor the failure by'a union with whom the Contractor has a collectivebargai.ning agreement, to refer either minorities or women shall excuse the -Contractor's obligations under these specifications, Executive order 11246, or the regulations promulgated pursuant thereto. 6_ In order- for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and train- ees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U_S_ Department of Labor. 7_ The Contractor shall take specific affirmative actions to ensure equal employment opportunity_ The evaluation of the Contractor's compliance with these specifications shall, be based upon its effort to achieve maximum results from its actions_ The. Contractor shall document these efforts fully -;..and shall' implement--affitinati.ve• action steps at least __ as' extehszve'°as, the**- following- a. olTowing= a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in .all facilities at which the Contr'actor's emploYee,s are assigned to word:_ TkieyContractor_,: whereposs-Lble,''w'111- assign twP-,, morewomen- to -each construct) -on' pro- _,_.. • � ect _' � ' Tfie _ Contractor shall specifically" ensure that all foremen, superintendents, and other on-site supervisory personnel are .aware of and carry out the Contractor's obligation to maintain ..such a working 4environmept, with specific attention to minority or female individuals•..working at such sites or in such. facilities.- b- acilities. b_ Establish and-maintainZa�current .list of minority .and female_re6,i i .tm.ezit_sources, pro- vide written_ notificati on:to;�miu4rity and _female. recruitment sources „and -to" . commun, . otgandzatio.ns _when the :Contractor or',its' unions have employrcierit apportuniti.es'^available, and .maintain a record of the organizations' responses_. c_ Maintain a current file of the names, addresses and telephone numbers of each minority and feMale - o€f-the-street: applicant= and minority or -female'. referralfrom-: awuni.on, a recruitment source-: or. -.community organization and of what action was:.taken with respect to each such individual_ if such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by -the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor znay have taken_ Provide i nunediate written notification to the Director when the union or unions with which .the Contractor has a collective bargaining agreement has not- referred to the Contractor a minority person or woman sent' by the Con- tractor, or when the Contractor has other information that the union referral process -..has impeded the Contractor's efforts to meet "its obligations_ s _ - e- !Develop Win -the --job gaining oppo4tu' ties_ and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor`s employment needs, espe- cially those programs funded or approved by the Department of Labor- The Contractor shall provide.notice of these programs to the sources compiled under 7b -above. f - b above- f- Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting -their coop- eration in assisting the Contractor in -meeting its EEO obligations; by including it in any policy manual and collective bargaining agree-- ment; by- publicizing it _in the company - newspaper, annual report, etc_; by specific review of the policy with all management - personnel and with all minority and female employees at least once a year: and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed - Review, at least annually, the company's EEO policy and affirmative action obligations under these specificat-ions with all employees having any responsibility - for hiring, assign- ment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc-, prior to the initiation of construction work at any job site_ A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of 'the subject matter_ h_ Disseminate the Contractor's EEO policy - externally by including it in any advertis- ing in the news media, specifically including minority and female news media, and providing writtin notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business_ i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment -and training organizations serv- ing the Contractor's recruitment area and employment needs: Kot later than one month prior to the date for the -.acceptance of appli- cations for apprenticeship or other training by any recruit-Eftent source, the Contractor shall send written notification to organiz- ations such as the above, describing the openings, screening procedures, and tests to be used in.the selection process_ j. Encourage present minority and female . employees to recruit other minority persons and women and, where -reasonable, provide after school, summer- and vacation employment to minority'and female youth both on the site and in other areas of a Contractor's work force_ k. Validate all tests and other selection require- ments where there'is an obligation to do so under 41 CFR Part 60-3- I- Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to pre- pare for, through appropriate training, etc_, such opportunities_ m_ Ensure that seniority practices, job classi- fications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out_ n- Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes_ o_ Document and`mairitaiii'a record of all solicitations of offers fad, _subcontracts , from minority and female con- stzuction constractors and suppl.iers,'including circula- tion of solicitations to minority and female contractor associations and other business associations - p. Conduct a review, at least annually, of all supeL�wi_sors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations_ *q_ Covered construction contractors performing contracts in geographical. areas where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the contract is being performed_ Goals are published periodically in the _Federal Register in notice form and -such not -ices -may he obtained from any Office of Federal Contract Compliance Programs -office or from Federal procurement contracting officers_ 8.. Contractors are encouraged to participate in voluntary asso- ciations -which assist in fulfilling one or more of their affirmative action obligations (7a through q) _ The efforts of a contractor association, -joint contractor -union, contractor - community, or other similar group of which 'the contractor is a member and participant, may be asserted as fulfilling any one or more ofits obligations under 7a through q of these Specifications provided that the contractor actively partici- pates in the group, makes every effort to assure that the group has a positive impact on the employment of -minorities and women in the industry, ensures: that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor- The-obligation ontractor_Theobligation shall not be a defense for the Contractor's non --compliance _ 9_ A single goal for minorities and a separate single goal for women have, been established_ The Contractor, however, i,s required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and - female, and all women, both minority and- -non -minority -Consequently, the Contractor may be in violation of the Execu- ti.ve Order if a particular group is employed in a sub- ` stantially disparate manner (for example, even though: the Contractor has.achieved its goals for women PROPOSED RULE generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10_ ,The Contractor shall not use the goals and time -- -tables or affirmative action standards to -discriminate against any person because of race, ,color, religion, sex, or national origin. ` 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government „ contracts pursuant to Executive Order 11246. 12_ The Contractor shall carry out such sanctions and penalties for.violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of exist- ing subcontracts as may be imposed or ordered pursuant to Executive Order 1.1246, as amended, and its impleinenting regulations, by the Office of - Federal Contract Compliance Programs_ Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 1.1246, a-5 amended._ 13_ The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least -as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve' maximum results from its efforts to ensure. equal 'employment oppor- tunity. if the Contractor -fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall._proceed in accordance with 41 CFR 60-4_8- 14_ The Contractor shall designate a responsible official to monitor all employment related activity -to ensure that the company EEO policy is being carried out, to submit reports relating to the.provisions hereof as may be required by the Government and to keep records_ Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned,- social security number, race, sex, status (e -g-, mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed_ Records stall be ruaintained in an easily understand- able and retrievable form; however, to the degree that existing records satisfy this requirement, con- tractors shall not be required to. maintain separate records_ 15. Nothing herein provided shall be construed as a limita- tion upon the application of other laws which establish different standards of compliance or upon the applica- tion of requirements for the hiring of local or other area residents (e -g_, those under. the Public Works Employment Act of 1977 and the Community Development Block Grant Program): - C. Ceztification"4f~Nonse r ated.raci-lities (Over $10,000) By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that s/he does not maintain or provide for his/her employees any segregated facility at any of his/her establishments, and that s/he does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained_ si :s/He- certifies. further that-1s%he will riot maintain or p viae for -employees any segregated facilities at any of his her •establishments, and s/he Rill not -permit employees to perforce their : services at any : location under. his/her con- -trol--where .segregated 'facilities are= ma i Qtained_ The bidder, offeror, -_applicant or subcontractor ayx'ees that a breach of this. certification- is a violation of the- Equal Opportuni.t:y Clause of -this contract_ As used 'in this certifxcat -on, the tern "segregated facilities" means any waiting rooms, work areas, zest: -rooms and wash raoms, restaurants and other eating areas, time=clocks, locker rooms, and other storage or dressing areas, *transportation and housing facilities pro- vided, for- employees - which are segregated by explicit directive o�- are-in=fact-segregated on -.the basis of race, color, or national' origin, because:of habit, local custom, or othex- wise.-- S/He further agrees that (except where •s/he has obtained identical cer-tifications from proposed subcontractors for specific time periods) s/he will obta?.n identical.cextifi_cation from. proposed subcontractors pr�oz to - the_ award of subcorztracts exceeding $10,000 which are t -exempt-exempt`from.the provisions of the Equal Opportunity Clause; that.>s/he will retain such certifications in his/her files; and that s/he will forward the following notice to such proposed subcontractors (except where.proposed subcontractors have submitted identical certifications for specific t=ime periods) _ *parking lots dri-eking fountains, recreation or ente_rtaizuzient areas_ D_ civil. Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or, national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance_ E_ Section log of the Housing and Coaa--t?n-ity Develorment Act of 1974- (a) 974_ (a) No person in the 'United states shall on the ground of race, color, national, origin, or sex be e_,ccluded from Participation in, be denied the benefits of, or be subjected to dizcri.mi.nation under any program or activity funded in whole or in part with funds made available under this title _ F _ Compliance ,in,.the„provi ion of Training, _ Emnlovment and ,Business O ortunities- a_ The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Departsaant of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Orban Development Act of.,19.68,._as aza_ended, J U.S_ . 17O1u_ Section.2 .requ=es_that .to ,.the greatest -extent '�ease apportuiii-ties.-for tsar n_' r g arid_ p7oY exit beY_given'1lower:income_ residents:,of_tiie.-pzo�ect area "aid='cazitxacts for work,: n_connection.=wit3i�Jae gro:j'ect be -awarded to �business=cvncez?zs-:.whi�,_are located -in, or owned. in. -sub stantlal part by persons residing in the area of the project- b_' The parties to this contract will comply wit- the provisions of -said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFIZ 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract_ The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complyisng with these requirements_ c_ The contractor will send to .each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commit- under th-is Section 3 clause and shall. post copies of dle notice in conspicuous places available to employees and applicants for employment oa_ training- d The contractor will include this section .3 clause rk in connection With the In every subcontract for wo project and will, at the direction of the applicant for or recipient of Federal financial assistance, �lrsuant to the subcontract take appropriate action p upon a finding that the subcontractor is in violation of requlatti..ons issued by the Secretary of Housing and Urban Development, 24 CFR pa='t 135- The cont --actor will not subcontract With any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 the sub - and. will not let any subcontract unless contrator has first provided it with a prL_Jj= nary c statement of ability to -.comply with the requirements of these regulations_ e. compliance with the provi-sons of Section. 3, the regulations -set forth in 24 CFR Fart 135, -and all applicable rules and orders of the Department- issued epartmentissued hereunder prior to the -execution of the con- tract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or -recipient_ for such assistance, itsuccessors and assigns_- Failure to fulfill these s requirements shall- subject the applicant or recipient, its contractors and subcontractors, it successors and assigns to those- sanc Lons specified -by the -gran or loan agreement or contract through Which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135_ VX OEPARrMEt4T Of 41OUSiNG ^No VRaArt DEVELOPMENT CERTIFICATION OF 61 ()OCR REGAROING EQUAL EMPLOYMENT OPPORTUNITY tNsTRucT�oNs - ncndng This crrtiCc tiara is rtquircd punuanc to. Executive Order l l�46 (3d F_ IZ_ 1�19?�- Tho imp subcoh rubs and ccgulations provide that any biddcr or pcosgccuvc contractor. or any of tttcu PCO�aiticiaced in tractors- shall state as an in part a! tttecbi oodte c dual o porrunicy clausctialiocLs 40C the -_and- if so. whCnccs it has filed any previous contract or subcontract subs 4 all compliance rcporu duc under applicable_ instructions Where the certiRcaaon indicates that [hc biddcr has no[ rticd a tomcniardaysieablrbid structions_ such biddcr iaiall be nqu fcd to submit a cornptiancc rcpoithin moven c�lrd opening- iIo contract S11:111 13c awarded unless such rtpoct is submitted_ CERT1F{CAT10N BY ESMOER N/ -1.1E _No .�,QOrz Ess or Bi00ER ff.+d'11+.7'1P Coal 7- Bidder hu rv-spm ztd'n a 0rev104cs eonazct ar suboontraec subteec to crie > gclat Oppotn+n�tY Cause. 0 Yet Ct. No •v«r (cqu;red to be filed �n co<tin<ctjon "m such Conu-act or sub—wacl- Z CorptilnCa rcPoers C Ycs C 3_ $idder h=s fled alt enmp=ianCe reporit due under •PPliabte insvuczions. indng SF -104_ C Yes No C Nanc Required 4_ H.,e you t .er betn or ue'You briny co�isidered (or sanction due to wolscion of 1 xecvtjva Qrdcr t 3245_ as 4mended7 Ycs Q No tta.+�E �a+0 TITLE OF S7GrrEft 1lY..r� crv'1 OATS SIGNATURE RYol�c.-� fug,. hcUO-'�i7tl CA-i-�,+.:rn :� Ooid�c+ Y-SVa A"0.1 (11.)91 VS OEPART7.SENT OF HOVSING ANO URBAN OEVELo`eMCNT CER-nFICATION SY pROPOSED SU13CONTRACTOR RE~GAROING E EQUAL MpLOYMENT OPPORTUNITY PROJECT NVMSER NAMC•OF PRIME 00"-- ACTOR -- INSTRtlC7IONS , This ccrd ication is required pursuant to Executive Order 11246 (30 F- FL 12319--2S)- The implementing sults and regulations providc that any bidder or prospective contractor, or any of their proposed subcon- tractors shall state as an initial part of the bid or ncgoUadons of the contract whether it has participated in any previous contract or subcontract subicct to the equal opportunity clause; and, if so, whether it has f11cd all comptiancc'reports duc under applicable instructions_ Whcrc the ecrtifcation indicates that the subeontsactor has not filed a compliance report clot under aop[i- cable instructions, such subcontractor Shall be rrquiv=d to submit a compliance report beforc the owner approves the subcontract or permits worm to begin undcr the subcontract SUBCONTRACTOR'S CERTIFICATION NAME ANO AOORESS OF SV8CO MACTOR 11nch.d4 ZIP cod 1 1. Bidder hrr parucipatcd in a pm, ous ebatrae= or subcontract wblcct to the Equal Opporuunity Caausa- ❑ Yes ❑ No 2- Complieocd reports were reQtlircd to ba filed in eGnnecvon "i' such oontrakcz or subconti seL ❑ Ycs ❑ No 3_ Ridder has filed a l eomp4acKm mporu due under appliablc insa'uctions, including SF -7 QQ_ ❑ Ycs ❑ No Cl Nonc Rcqui'cd 4_} -lave you ever been or are you Icing considered for s2—i— due to viofaUon of Exca�rive Qrdcr 7 1 ❑ Yrs a No NAME ANO 77Th 01=SIGNER (Pf-v cYP+I , OATS SIGNATURE R+o7-av Fo-rr NVD-�'27fl_CD-Z_..^ :• OU+ol.t. as 3mcnded3 HVO-4-0� iz 1_7P1 MBE/WBE MAILING LIST AIR CONDITIONING CONTRACTORS A C S Air Control Servs Inc. 11 Hartford Avenue Mount Vernon, NY 10553 Clive Thompson. 668-2003 Metropolis HVAC Specialistslnc 178 Hutchinson Blvd. Mount Vernon, NY 10552 Byron Plummer 699-0550 ARCHITECTURAL CONTRACTORS Eduardo Faxas Architects & Planners PO Box 201 Bundy Hill Road Holmes, NY 12531 Eduardo F'axas, President 855-5515 Smithfield Design Associates RR 1 Box 411 Amenia, NY 12501 Darlene Riemer, Principal ASPHALT CONTRACTOR A & B Concrete 137 Mill Street Newburgh, NY 12550 Gloria Bermo 569-1349 AUTO REPAIRS.- Jac-,'s EPAIRS..Jack's Auto Service, Inc. Route 22 Wassaic, NY 12592 Linda L. Gregory, Vice -Pres. CATERING/BED & BREAKFAST The Kitchen of John Henry 783 Route 9G, South Hyde Park, NY 12538 Marie Orton, Owner CLEANING SERVICES Veers Cleaning Service 250 Beechwood Ave. #6 P.O. Box 1556 Poughkeepsie, NY 12601 Sylvania Brown, owner CONCRETE CONTRACTORS A & B Concrete 137 Mill Street Newburgh, NY 12550 Gloria Bermo 569-1349 I & P Concrete Inc. P.O. Box 342 Pine Bush, NY 12566 Joseph Inacio 744-2166 Structural Concrete Corp. 109 ward Street Montgomery, NY 12549 Luis Beltrametti 457--3134 CONSTRUCTION MANAGEMENT PCS Construction, Inc. 1129 Bloomfield Avenue West Caldwell, NJ 07006 Patricia V. Birdsall CONSTRUCTION/HIGHWAY Larami--Clarke Inc . P.O. Box 5037 Poughkeepsie, NY 12602 Michael Clarke ELECTRICAL CONTRACTORS BSG Electric Inc. 554 North State Road Briarcliff Manor, NY 10510 Betty Guadagno 762-5012 Byron Electric Company, Inc. 1030 Mamaroneck Avenue Mamaroneck, NY 10543 Marie Browne 698-1505 C. Williams Electrical Constr 617 South 7th Avenue Mount Vernon, NY 1.0550 Christopher Williams 667-5754 ELECTRICAL CONTRACTORS(CONT) Dover Electric 101 South Road White Plains, NY 1.0603 Herbert Patten 997-2680 Fair Deal Electric Shenandoah Road Hopewell Junction, NY 12533 Diego Cabanillas 2212144 G C Monaco Electric & Daughter 261 W. Lincoln Avenue Mount Vernon, NY 10550 Jacqueline Monaco 668-7858 Mard Electrical ContractngCorp 400 Main Street Peekskill, NY 10566 Edward DiMartino 739-81.00 MEDCO Electric Inc. 13 Overman Place New Rochelle, NY Wilfredo Medina 654--1779 EXCAVATION 4 T's Trucking Inc. RR 2 Bx 328, Pleasant Ridge Rd Poughquag, NY 12570 David Temple GALS Inc. 28 All Angels Hill Rd Wappingers Falls, NY 12590 Susan Fichera, Hopewell Excavation Inc. 10 Marlyn Drive Wappingers Falls, NY 12590 Reginald Gardner Larami-Clarke Inc. P.O. Box 5037 Poughkeepsie, NY 12602 Michael Clarke GENERAL CONSTRUCTION A.J. General Contracting 229 Lent Street Poughkeepsie, NY 12601 Devon Jones 10801 AGAM Construction 4 E. Dowing Place Poughkeepsie, NY 12603 Armando Byrne T J Wilson Electric 263 Waverly Avenue Mamaroneck, NY 10543 Dennis Wilson 381--1960 ENGINEERING Dewkett Engineering, P.C. 187 E'. Market St., Ste. 101 Rhinebeck, NY 12572 Katherine A. Dewkett 876-5250 ENVIRONMENTAL TESTING/CONSULT ENVIROSCIENCE, Inc. 367 Violet Avenue Poughkeepsie, NY 12601 Susan E. Morris 454--3411., ext. 14 HEATING CONTRACTORS C & B.Plumbing & Heating 1644 Clay Avenue Pelham Manor, NY 10803 Cynthia Courtien 738--7820 The Heat.Source P.O. Box 2017 Kingston, NY 12401 Diane Yensco 331-6900 Janet Scannelli P.O. Box 469 Newburgh, NY 12550 Janet Scannelli 565-8876 HEATING CONTRACTORS (CONT) T & A Heating AiConditi Air, oning 65 Lake Street White Plains, NY' 10603 Timothy Young 428-4117 T.A. Vandermark Inc. 30 Williams Avenue Newburgh, NY 12550 Johanna Vandermark 565-6550 INTERIOR DESIGN Leslie Hoss Flood Route 22 Amenia, NY 12501 Leslie flood, owner LANDSCAPE/CONTRACTOR Millerton Nursery RD -2 Box 309 Millerton, NY 12546 Petrina S. Lopane, Owner LEGAL Michele W. Haab, Esq. 1 John Street Millerton, NY 12546 LIGHTING EQUIPMENT Bull Construction Inc. P.O. Box 1111 Newburgh, NY 12550 L. Bull 562-2855 DES Electrical Contracting 16 South Division St. Peekskill, NY 10566 David Smith 737-4800 LAM Electrical Supply Colnc Route 17M Goshen, NY 10924 Louis Madronal 294-5469 LIGHTING DESIGN/INSTALLATION Lightron of Cornwall, Inc. 65 River Road New Windsor, NY 12550 Eugene Littman 562-5500 MEDCO Electric Inc. 13 Overman Place New Rochelle, NY 10801 Wilfredo Medina 654-1779 LOCKSMITH/SECURITY Chrisrich Corporation 3 Cora Lane Poughkeepsie, NY 12603-5471 PAINTING CONTRACTORS Carabie Corp. 49 Edison Avenue Mount Vernon, NY 10550 Ernest Sanchez 699-0125 Greenshire Painting Inc. RD 1 Box 3 Greenshire Way Walden, NY 12586 Dolores Dragotta, President Nelson Maintenance Servs Inc. 199 Nepperhan Avenue Yonkers, NY 10701 Nelson Gisbert 963-1343 PAVING CONTRACTORS A.C. Smit K --Son Constr Inc. 2 Amherst Street Red Hook, NY 12571 Arthur Smith Jr. 758-3620 Dutchess Paving P.O. Box 532 Poughkeepsie, NY 12602 Sharon Sherow 485-3186 Lucius Street Constr & Paving 28 White Street Spring Valley, NY 10977 Lucius Street 356-4561 Lynway Contracting Corp. 19 Lynway Lane Somers, NY 10589 277-3101 �. PHOTOGRAPHY/SIGNS Red Hen Sign Company P.O. Box 314 Amenia, NY 12501 Ann Linden, Owner PLUMBING CONTRACTORS AGAM Construction 4 E. Downing Place Poughkeepsie, NY 12603 Larami-Clarke, Inc. P.O. Box 5037 Poughkeepsie, NY 12602 PRINTER Moore & More Printing Dutchess Ave., P.O. Box 880 Millerton, NY 12546 Stacey L. Moore, owner SURVEYOR/LAYOUT Contractor's Line & Grade Co. Inc. 203 Daley Road Poughkeepsie, NY 12603 Lenore A. Ciccone; Secretary Updated 12/19/97 SECTION 00300 FORM OF PROPOSAL PROPOSAL FOR SCHLATHAUS ALTERATION TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK To: Town Clerk Town of Wappinger Middlebush Road Wappinger, New York 12590 The undersigned, having familiarized (themselves) with the local conditions affecting the cost of the work and with the Contract Documents, including Invitation to Bidders, Instruction to Bidders, Form of Proposal, Non - Collusion Affidavit, Form of Agreement, Contract Performance Bond and Labor and Material Payment Bond, General Conditions, Supplementary Conditions, etc., and with the Plans and Specifications and Addenda thereto hereby proposes to perform everything required and to provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services necessary to perform and complete in a -workmanlike manner all work required in connection with Schlathaus Alteration, Town of Wappinger, Dutchess County, New York all in accordance with the Plans and Specifications prepared by Cerniglia & Swartz Architects, Planners and Interior Designers, PC, Poughkeepsie, New York including Addenda Numbers _, _, and _, issued thereto, for the following prices: It being understood that each of the items is to be constructed complete in placed and ready for continued use in service; that each item shall be constructed in all respects to accomplish the purpose for which it was intended; and the prices set out constitute full payment for the specified work and for every risk, hazard or condition encountered which may be different from what was indicated, expected or anticipated, Each Bidder shall submit a Lump Sum Base Bid for the entire work as shown on the Drawings and described in the Specifications. Include all costs and fees required. GENERAL CONSTRUCTION The General Contractor is responsible for, and his Proposal shall include all items shown on Drawing Al including all requirements as set forth in the Project Manual, inclusive. The Lump Sum Base Biel of Dollars The total of the above Guaranteed Maximum Costs shall be the basis for establishing the amount of the Performance Bond and for comparison of bids. If awarded this Contract, the undersigned agrees to commence work within ten (10) days of receipt of Notice to Proceed and to complete the work to the satisfaction of the Owner within 60 days. Accompanying this Proposal is a (Certified Check) (Bid Bond AIA Document A310) in the amount of Dollars (Write out in Words) (5% of the Bid) ($ , payable to the order of Town of Wappinger. In submitting this Proposal, it is understood that the right is reserved by the Town of Wappinger to reject any and all Proposals. It is agreed that this Proposal may not be withdrawn for a period of Forty -Dive (45) days from the opening thereof. Dated: SCHLATHAUS ALTERATION SECTION 00300.1 9901.003 FORM OF PROPOSAL Official Address: SCHLATHAUS ALTERATION 9901.003 Firm Name By: Title By: Title SECTION 00300-2 FORM OF PROPOSAL SECTION 00480 NON -COLLUSION AFFIDAVIT The following provisions of the New York State General Municipal Law form a part of the Bidding Requirements: 1.01 NON -COLLUSIVE BIDDING CERTIFICATE 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, and in the own organization, under penalty of perjury, that, to the best of his or her 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 with any competitor. 2. Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 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. A Bid shall not be considered for award nor shall any award be made where (A) (1), (2) and (3) above have not been complied with; provided, however, that if in any case the Bidder cannot make the foregoing certification, the Bidder shall so state and shall so furnish with the Bid, a signed statement which sets forth in detail the reasons therefor. Where (A) (1), (2) and (3) above have not been complied with, the Bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the Bid is made, or his design, determines that such disclosure was not made for thepurpose of restricting competition. The fact that a bidder (A) has published price lists, rates, or tariffs covering items being procured (B) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (C) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph one (A). C. Any bid hereafter made to any political subdivision of the State or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one of this board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non -collusion as the act and deed of the corporation. D. 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 penalties of perjury, affirms the truth thereof, such person signing in his behalf. (signature) (title) SCHLATHAUS ALTERATION SECTION 00480-1 9901.003 NON -COLLUSION AF'F'IDAVIT SECTION 00510 FORM OF AGREEMENT CONTRACT DOCUMENTS The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. SCOPE The "Standard Forth of Agreement Between Owner and Contractor For Construction of a Small Project where the basis of payment is a stipulated sum, AIA Document A105,1993 Edition, is apart of these Contract Documents as fully as if herein set forth. The Agreement, when executed, shall become a part of the Contract Documents. Sample form of agreement is attached. END OF SECTION SCHLATHAUS ALTERATION SECTION 00510-1 9901.003 FORM OF AGREEMENT AIA Docurnent AI07 Standard Form of Agreement Between Owner and Contractor for a Small Project where the Basis of Payment is a SI7PULA7ED SUM 1993 SMALL PROJECTS EDITION Because this cdocurnent has important legal consequences, tue encoto-age you to consult ivith can attorney before signing it, Some states mandate a cancellation period or require other specific disclosures, including tvarnings for borne improvement contracts, when a docs met such as this will be cased for Work on the Otvner's personal residence, lour attorney should insert all language required by state or local lata to be included in this Agreement. Such statements rncry be entered in the space provided belouv, or if required by law, cabore the signatures of the parties. This AGREEMENT is made: (Dale) BETWEEN the Owner: and the Contractor: for the following Project: The Architect is: The Owner and Contractor agree as follows, ©Cnhyrigh[ 1993 hy'I'Ite American Institute of Atehktects, 1735 ;New Fork Avenge, K.W., Washington, D,C. 200no 5292. RelxuCluctinn of tlu nri[er'iul hcrcin pr substantial qut xacion t;f ifs prucitiit�ns wi[I[au[ (Ile wVktan herncissiun c)f the AIA vioktws the copyri,4ht laws of [he I:ni(ed Sc«eS ,Incl Will tiuhjcr[ the ciokttur to legal 1)['0SUCution. AIA DOCUMENT A105 • 01KNFR-CONTRACTOR AGREEMENT --SMALL PROIECI'S FDm lON • ALV • 01993 • ' HII ANIERICAN INSTITUTE OV ARCHITECTS, 1735 NEIX' YORK AVENUE, N.VV , %VASHINGTON, D.C. 2(Xft-5293 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A105--1993 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contractor shall complete the %York described in the Contract Documents for the project. The Contract Documents consist of A this Agreement signed by the owner and Contractor; .2 AIA Document A207, General Conditions of the Contract for Constnlction of a Small Project, current edition; .3 the Drawings and Specifications prepared by the Architect, dated and enumerated as follows: Drawings: Specifications: .4 addenda prepared by the Architect as follows: .5 written change orders or orders for minor changes in the Work issued after execution of this Agreement; and .6 other documents, if any, identified as follows: AEA DOCUMENT A105 - OWNER -CONTRACTOR AGREEMENT—SMALL PROJECTS EDIllON •ALA` • tai 1993 • THE A-MERSCA.N INSTTfUTE ON ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASIENGTON, D.C. 20006-5292 • WARNING: Unlicensed photocopying A105-1993 2 violates U.S. copyright laws and will subject the violator to legal prosecution. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE The date of commencement shall be the date of this Agreement unless otherwise indicated below. The Contractor Skull SUbStantially Complete the Work not later than SuhjeCt to adjustment by Change Order. Onsert 11je dale or rrurraber of ccrk:ndcrr dgt.c after the date ofcomm.enceme nt.J ARTICLE,3 CONTRACT SUM 3.1 Subject to additions and deductions by Change Order; the Contract Sum is: 3.2 For purposes of payment, the Contract Sum includes the follo),ving values related to portions of the Work: Portion of Work V:Uuc 3.3 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. AIA DOCUMENT A105 • OWNER -CONTRACTOR AGRFEMENT—SMALL PROJECTS EDMON • AEA' • 01993 • THFAMERICAN [.NsriTurrF OFARCHITEM_ 1735 NE`X'YORK . ':;,:;, i'.C. • 'tirAki4l14G: Urnticensec photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A105-1993 3 ARTICLE 4 PAYMENT 4.1 Based on Contractor's Applications for Payment certificd by the Architect, the Owner shall pay the Contractor as follow."': (Y -Jere insert pcltlnrctti procedures and pror cions for rNe4 nage, if arry�.) 4.2 Payments due and unpaid under the Contract Documents shall hear interest from the date payment is due at the rate Of , Or in the absence thereof, at the legal rate prevailing at the place of the Project (71sr.rjy lata s clad r-equirelnents rnrcicy the Fcmke cd Trrrth ii Lei A['t, similar state and focal consumer credit lmvs and otJivr rgidations ut ibe Orrr,er's cmc! Cone rnacror's pr7ncfpa! /daces of bxtsirresr, the locarian of the Pr-cyect aced elsewhere nu{y affect the ralidiO' of this prorisiarr.) ARTICLE 5 INSURANCE 5.1 The Contractor shall provide Contractor's Liability and other Insurance as follows (lnscar7 spetifi'c insurance requirceel by the Ort ane•,) 5.2 The Owner shall provide Owner's Liability and Owner's Property Insurance as follows: (laser[ specific insurance fionislaed b)' the 011'reer) 5.3 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's obligations under Paragraph 3.12 of AXA Document A205, General Conditions of the Contract for Construction of Small Projects. 5.4 Certificates of insurance shall be provided by each party showing their respective coverages prior to commencement of the Work. AIA DOCUMENT A105 • OWNER -CONTRACTOR AGREEMENT --SMALL- PROJECTS EDII)ON • AIA' • 01993 • THE ANIERICAN INSTITUIT OF ARCHITFCTS, 1735 NEW YORK AVLNL:L, \.1C'.,'+�:r+.iliI:�G"i'U:�, i�.i:,-o,�,u-5292 ' WARNING: Unlicensed phatovo.py:ng violates U.S. copyright laws and will subject the violator to legal prosecution. A105--1993 4 ARTICLE.6 OTHER TERMS AND CONDITIONS (Insert rmy other semis or condltiotts below ) This Agreement entered into as of the day and year first vvrittcn ahove, (If required &v tart-, insert cancellation period, disclosures or other earning s#ttemerrts above the sahnatures,) OWNER (5igrzalure) (Printed name, lille and address) CONTRACTOR (Sigrrafure) (Printed future, title and address) LICENSE NO. JURISDICTION CAUTION: You should sign an original AIA document which has this caution printed in red, } I An original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. AIA DOCUMENT Al 05 • OWNER -CONTRACTOR AGREEMENT—SNIAL1. PROJECTS EDl'I70N • AIA' • ®1993 • THE AM ERICAONINSTITurF OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2WYr ,5292 • WARNING: Unlicensed photocopying violates U.S. copyright taws and will subject the violator to legal prosecution. AInt;—I4o9 9 SECTION 00700-1 GENERAL CONDITIONS CONTRACT DOCUMENTS The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. SCOPE The "General Conditions of the Contract for Construction of a small project, AIA Document A205, 1993 Edition, is a part of this Contract, and is incorporated herein as fully as if herein set forth, Sample form of agreement is attached. SCHLATHAUS ALTERATION SECTION 00700-1 9901.003 GENERAL CONDITIONS AIA Docu.mew A205 General Conditions of the Contract for Construction of a Small Project 1993 SMALL PROJECTS EDITION ARTICLE 1 GENERAL PROVISIONS 1.1 THE CONTRACT The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, repre- sentations or agreements, either written or oral. The Contract may be amended or modified only by a written modification, 1.2 THE WORK The term "Work" means the construction and services required by the Contract Documents, and includes all other labor, mate- rials, equipment and services provided by the Contractor to ful- fill the Contractor's obligations. 1.3 INTENT The intent of the Contract Documents is to include all items necessary for the proper ea.ecutian and completion of the Work by the Contractor. The Contract Documents are comple- mentaty, and what is required by one shall be as hinding as if required by all, 1.4 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS Documents prepared by the Architect are instruments of the Architect's service for use solely with respect to this project. The Architect shall retain ail common law, stAutor)7 and other reserved rights, including the copyright. They are not to be used by the Contractor or any Subcontractor, Sub-suhcontrac- tor or material or equipment supplier for other projects or for additions to this project outside the scope of the Work with- out the specific Nvritten consent of the Owner and Architect. ARTICLE 2 OWNER 2.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.1 A If requested by the Contractor, the Owner shall furnish anti pay for a survey and a legal description of the site. 2.1.2 Except for permits and fees 1„,hick are the responsil-)ility of the Contractor under the Contract Documents, the Owner shall obtain and pay for other necessary approvals, easements, assessments and charges. 2.2 OWNER'S RIGHT TO STOP THE WORK Tf the Contractor fails to correct Work which is not in accor- dance with the Contract 37ocuments, the Ota-ner may direct the Contractor in writing to stop the Work until the correction is made. 2.3 OWNER'S RIGHT TO CARRY OUT THE WORK If [lie 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 OWI'ler to correct such def.Wlt or neglect with diligence and promptness, the 01;vner may, without prejudice to other rerne- dies, correct such deficiencies. in such case, a Change Circler shall he is mcd deducting the cost of correction from pay- ments clue the Contractor, 2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 2.4.1 The Owner reserves the right to perform construction or operations related to the project with the Owner's own forcers, and to award separate contracts in connection with other por- tions of the project. 2.4.2 The Contractor shall conrdinate and cooperate vJth separate contractors employed by the Owner, 2.4.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party respon- sible therefor. ARTICLE 3 CONTRACTOR 3.1 EXECUTION OF THE CONTRACT Execution of the Contract by the Contractor is a representa- tion that the Contractor has visited the site, become familiar with local conditions under which the Work is to be per- formed and correlated personal observations with require - merits of the Contract Documents. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR The Contractor shall carefully study and compare the Contract Documents with cacti other and `'v'ith information furnished by the Owner. Before commencing activities, the Contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to CC0 m right 1993 by The American kistiiuie ur Architects, 1735 New York Avenue, NM , Washingron, DC. moo6-5292Reproduction of the material herein ur subitanti;ct tiuntatlun of 'us prmkiuns N, khout the xvi-Ater permission of the AIA violates the copyright lass's of the L'nitcd States and will ,Ljhjcci the violator ro legal prusecuLkin. AIA DOCUMENT A205 GE's'FPkl- CONDITIONS OF THE CONTPACT FOR CONs'rRUCTION---- �.: 1'!” : it:. 111:iJC'.�' 1. :PITC V C;1...,::1111 S:f;'lti. l-i� ^:1-'., YORKAVF.NUE, N W., WASHINGTON, D.C. 20006.5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A205-1993 1 the Contractor with the Contract Documents; and (3) promptly report errors, inconsistencies or omissions discov- ered to the Architect. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. 3.3.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of subcontractors or suppliers for each portion of the Work, The Architect will promptly reply to the Contractor in writing if the Owner or the Architect, after due investigation, has reasonable objection to the subcontractors or suppliers listed. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and. other facilities and services necessary for proper execution and completion of the Work 3.4.2 The Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions, 3.5 WARRANTY The Contractor warrants to the Owner and Architect that: (1) materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or per- mitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted, and (3) the Work will conform to the requirements of the Con- tract Documents. 3.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes that are legally required when the Contract is executed, 3.7 PERMITS, FEES AND NOTICES 3.7.1 The Contractor shall obtain and pay for the building permit and other permits and governmental fees, licenses and Inspections necessary for proper execution and completion of the Work. 3.7.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Architect in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules and regulations, 3.8 SUBMITTALS The Contractor shall promptly review, approve in writing and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract DOCn- ments. Shop Drawings, Product Data, Samples and similar sub - mitrals are not COntraCt Documents. 3.9 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Docu- ments and the Owner. 3.10 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.11 CLEANING UP The Contractor shall keela the premises and surrounding area free from accumulation of debris and trash related to the Work. 3.12 INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants and agents and employees of any of them from and ,against claims, damages, losses and expenses, including 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 in}ury to or destruction of tangible property (other.than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whale or in part.by negligent acts or omissions of the Contractor, a Sub- contractor, 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. ARTICLE 4 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.1 The Architect will provide administration of the Contract as described in the Cnntract DoctlmentsThe Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. 4.2 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 Work. 4.3 The Architect will not have control over or charge of and Will not be responsible for construction means, methods, tech- niques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility. The Architect v. -ill nut be responsible for the Contractor's Failure to carry out the Work in accordance with the Contract Documents, 4.4 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will reviewv and certify the amounts due the Contractor 4.5 The Architect will have authority to reject Work that does not conform to the Contract DOCuments. 4.6 The Architect -will promptly review and approve or take appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only For the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. 4.7 The Architect Will promptly interpret and decide mat- ters concerning performance under incl rediuirements of the AIA DOCUMENT A205 • GF'NERM. CONDITIUNS OF TI IF CONTKI�CT FCIZ CONSI'RI mtON— si�,[ VS. PR%F.c 's E?Drf'IoN • AIAF • 01X)3 • THF. ANWRICAN t\5'rl'i'LrrFi OF AkCHI'fGC'I'S, 1-35 ,NHW YORK AV1;NL.-,,VIX'„ V ASHINGTON, D.C.2ixHk; 5392 • WARNING; Unlicensed photocopying 2 A205-1993 violates U.S, copyright laws and will subject the violator to legal prosecution. Contract Documents on written request of either the Owner or Contractor. 4.8 Interpretations and decisions of the Architect will be con- sistent with the intent of and reasonably inferable from the Contract DOCumcnts and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.9The Architect's duties, responsibilities and limits of authority as described in the Contract Documents will not be changed without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. ARTICLE 5 CHANGES IN THE WORK 5.1 After execution of the Contract, changes in the Work may be accomplished by Change Order or by order for a minor change in the Work. 'file Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 5.2 A Change Order shall be a written order to the Contractor signed by the Owner and Architect to change the Work, Con- tract Sum or Contract Time. 5.3 The .Architect will have authority to order minor changes in the Work not involving changes in the Contract Sum or the Contract Time and not inconsistent with the intent of the Con- tract Documents. Such changes shall be written orders and shall be binding on the Owner and Contractor. The Contractor shall earn, out such written orders promptly. 5.4 If concealed or unknown physical conditions are encoun- tered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinar- ily found to exist, the Contract Sum and Contract Time shall be subject to equitable adjustment; ARTICLE 6 TIME 6.1 Time limits stated in the Contract Documents are of the essence of the Contract. 6.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, or by labor dis- putes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine,' ARTICLE 7 la1f �aL�i�>fti��►11+I7Tf7>�[�li 7.1 CONTRACT SUM The Contract Sum stated in the Agreement, including autho- rized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Con- tract Documents. 7.2 APPLICATIONS FOR PAYMENT 7.2.1 At least ten clays 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 values stated in the Agreement. Such application shall be supported by such data substantiating the Contractor's right to payment as the Owner or Architect may reasonably require and r Rccting retainage if provided for else- where in the Contract Documents, 7.2.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work.for Which Certificates for Payment have been previously issued and payments received from the Owner- shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encum- brances adverse to the Owner's interests. 7.3 CERTIFICATES FOR PAYMENT The Architect will, within seven days after receipt of the Con- tractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly clue, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in �A hole or in part. 7.4 PROGRESS PAYMENTS 7.4.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner provided in the Contract Documents. 7.4.2 The Contractor shall promptly pay each Subcontractor and material supplier, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such entities' portion of the Work. 7.4.3 Neither the Owner nor the Architect shall have respon- sibility for the payment of money to a Subcontractor cir mater- ial supplier. 7.4.4 A Certificate for Payment, a progress payment, or par- tial or entire use or occupancy of the project by the Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. 7.5 SUBSTANTIAL COMPLETION 7.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Docu- ments so that the Owner can occupy or utilize the NVOrk for its intended use, 7.5.2 When the Work or designated portion thereof is sub- stantialIy complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish the responsibilities of the Owner and Contractor, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Docu- ments shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. AIA DOCUMENT A205 • OENERSL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION— SMAI1 PROJECTS EDITION • AIA' • 01993 -171E ANIERIC:AN SNST111J71- OF ARCHM-CPS, 1735 NEW yORxAvF-WE, N.W., WASHINGTON, D.C. za"-5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A205-1993 3 7.6 FINAL COMPLETION AND FINAL PAYMENT 7.6.1 Upon receipt of a final Application for Payment, the Architect will inspect the Work When the Architect finds the Work acceptable and the Contract fully performed, the Archi- tect will promptly issue a final Certificate for Payment. 7.6.2 Final payment shall not become clue until the Contrac- tor submits to the Architect releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Contract, 7.6.3 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall cOrastitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 8 7±<��frx�i�[iL`I<i1�7�;1r�i7.`�y1:1� • Zi1��:�M1 8.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, includ- ing all those required by law in connection with performance of the Contract. The Contractor shall promptly remedy dam- age and loss to property caused in whole or i i part by the Contractor, or by anyone for whose acts the: Contractor may be liable. ARTICLE 9 CORRECTION OF WORK 9.1 The Contractor shall promptly correct Work rejected by the Architect as failing to conform to the requirements of the Contract Documents, The Contractor shall bear the cost of correcting such rejected Work. 9.2 In addition to the Contractor's earlier obligations including warranties under the Contract, the Corm -actor shall, fora period of one year after Substantial Collipletion, correct 'work not con- forming to the requirements of the Contract Documents. 9.3 If the Conn•actor fails to correct nonconforming Work within a reasonable time, the O%vner may correct it and the Coif tractor shall reimburse the Owner for the cost of correction ARTICLE 10 u � ► _ �11��77iL1��[�1►�' 10.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract as a whole without written consent of the other. 10.2 TESTS AND INSPECTIONS 10.2.1 Tests. inspections and approvals of portions of the Work reclulred by the Contract Documents or by laws, ordi- ® 11(93 na6ces, rules, regulations or orders of public authorities hav- ing jurisdiction shall be made at an appropriate time, 10.2.2 IF the Architect requires additional testing. the Con- tractor shall perform these tests. 10.2.3 The Owner shall pay for tests except for testing Work found to be defective for which the Contractor shall pay. 10.3 GOVERNING LAW The Contract shall be governed by the law of the place where the project is located, ARTICLE 11 TERMINATION OF THE CONTRACT 11.1 TERMINATION BY THE CONTRACTOR If the Owner falls to snake payment when clue or substantially breaches any other obligation of this Contract, following seven clays' written notice to the Owner, the Contractor may termi- nate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, construction equipment and machinery, including reasonable overhead, profit and damages. 11.2 TERMINATION BY THE OWNER 11.2.1 The Otivner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled xorkers or propel materials; .2 fails to make payrnent to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having juris- diction; or A is Odlencise guilty of substantial breach of a provision of the Contract Ducumncnts. 11.2.2 When any of the ahm-c reasons exist, the Owner, after consultation with the Architect, may without prejudice to any other rights or remedies of the Owner and after giving the ContraCor and the Contractor's surety, if any, seven days' writ- ten notice, terminate employment of tie Contractor and may: .1 take possession of the site and of all materials thereon owned by the Contractor; .2 finish the 'VG'ork by whatever reasonable method the Owner may deem expeclient. 11.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 11.2.1, the Contractor shall not be entitled to receive further payment until the Work- is orki.s fini.shcd. 11.2.4 If the unpaid balance of the Contract Sum exceeds costs of, finishing the V'ork, such excess shall be paid to the Contractor, if such costs exceed the unpaid balance, the Con- tractor Shall pay the difference to the Owner. This Obligation for payment shalt survive termination Of the Contract. AIA DOCUMENT A205 • 61!NFRAL C.UNDITIONS OP Tnr. C0NT1tV,1 FOR CON'S1'RLIC'TION— SMAIIPROJECTS EDITION -A b1 0191)3 • 1111iA.\1FRJ(:;V\'!\'tii'1'Itrl'Ei(JIB ARC IHTEC S' 1737 NFV' SORKAvriNUE, N.W., WASrtlxc'roN, n.C, 2(ANx5-5292 • WARNING: Unlicensed photocopying 4 A205-1993 violates U.S. copyright laws and will subject the violator to legal prosecution. SECTION 00800 SUPPLEMENTARY CONDITIONS PART 1 - GENERAL 1.01 CONTRACT DOCUMENTS A. The Contract Documents are complementary and what is required by any one shall be as binding as if required by all. 1.02 SCOPE A. The Supplementary Conditions (without escrow) bound herewith, are a part of the Contract Documents, as described in Paragraph 1.01-A, above. PART 2 - SUPPLEMENTS The following supplements modify the "General Conditions of the Contract for Construction Of Small Projects" AIA Document A205, 1993. Where a portion of the General Conditions is modified or deleted by these Supplementary Conditions, the unaltered portions of the General Conditions shall remain in effect. ARTICLE 3; CONTRACTOR 3.4 Labor and Materials Add the following Subparagraph 3.4.3 to 3.4: 3.4.3 After The Contract has been executed, the Owner and the Architect will consider a formal request for the substitution of products in place of those specified only under the conditions set forth in the General Requirements (Division 1 of the Specifications). 3.4.4 By making requests for substitutions based on Subparagraph 3.4.3 above, the Contractor: 1 represents that the Contractor has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified; .2 represents that the Contractor will provide the same warranty for the substitution that the Contractor would for that specified; .3 certifies that the cost data presented is complete and .includes all related costs under this Contract except the Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently become apparent; and .4 will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. SCHLATHAUS ALTERATION SECTION 00800-1 9901.003 SUPPLEMENTARY CONDITIONS ARTICLE 5; CHANGES IN THE WORK 5.2 Add the following sentences: With the following allowances for overhead and profit: .1 For the Contractor, for Work performed by the Contractor's own forces, 15 percent of the cost. .2 For the Contractor, for Work performed by the Contractor's Subcontractor, 5 percent of the amount due the Subcontractor. .3 For each Subcontractor or Sub -subcontractor involved, for Work performed by that Subcontrac- tor's or Sub -subcontractor's own forces, 15 percent of the cost. .4 For each Subcontractor, for Work performed by the Subcontractor's Sub -subcontractors, 5 percent of the amount due the Sub -subcontractor. .5 In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials and Subcontracts. Labor and materials shall be itemized in the manner prescribed above. Where major cost items are Subcontracts, they shall be itemized also. In no case will a change involving over $500.00 be approved without such" itemization. ARTICLE 7; PAYMENTS AND COMPLETION Add the following sentence: 7.4.5 Until Substantial Completion, the Owner shall pay 95 percent of the amount due the Contractor on account of progress payments. ARTICLE 12; INSURANCE AND BONDS 12.1 The Contractor shall provide a Labor and Materials Payment Bond in the amount of 100% of the bid. Form and terms shall be subject to Owner's approval, 12.2 The insurance required by this paragraph shall be writtenfor not less than the following amounts: Contractor's bodily injury liability insurance - $1,000,000/$3,000,000 Contractor's property damage liability insurance, including blasting insurance - $1,000,000/$3,000,000 . All insurance policies must contain a provision that claims made in connection with the project will be acknowledged by the carrier and the extent that the carrier will defend and indemnify the Owner against same. 12.3 The Contractor shall provide insurance protecting Owner and Architect and their agents and employees against claims from injuries or death to persons or damage to property in the above amounts. 12.4 The Contractor shall have in place Statutory Workmen's Compensation Insurance. SCHLATHAUS ALTERATION SECTION 00800,2 9901.003 SUPPLEMENTARY CONDITIONS DIVISION 1 - GENERAL REQUIREMENTS TABLE OF CONTENTS 01045 CUTTING AND PATCHING 01060 REGULATORY REQUIREMENTS 01090 REFERENCE STANDARDS 01152 APPLICATIONS FOR PAYMENT 01153 CHANGE ORDER PROCEDURES 01700 CONTRACT CLOSEOUT 01710 CLEANING SCHLATI HUS ALTERATION DIVISION 1 9901,003 GENERAL REQUIREMENTS TABLE OF CONTENTS SECTION 01045 CUTTING AND PATCHING PART 1 - GENERAL 1.01 DESCRIPTION A. Work included: This Section establishes general requirements pertaining to cutting (including excavating), fitting, and patching of the work required to: 1. Make the several parts fit properly 2. Uncover work to provide for installing, inspecting, or both, of ill-timed work 3. Remove and replace work not conforming to requirements of the Contract Documents, and C Remove and replace defective work. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. In addition to other requirements specified, upon the Architect's request uncover work to provide for inspection by the Architect of covered work, and remove samples of installed .materials for testing. 3. Do not cut or alter work performed under separate contracts without the Architect's written permission. 1.02 QUALITY ASSURANCE -A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section. 1.03 SUBMITTALS A. Request for Architect's consent: 1. Prior to cutting which effects structural safety, submit written request to the Architect for permission to proceed with cutting. PART 2 - PRODUCTS 2.01 MATERIALS A. For replacement of items removed, use materials complying with pertinent Sections of these Specifications. 2.02 PAYMENT FOR COSTS A. Perform other cutting and patching needed to comply with the Contract Documents at no additional cost to the Owner. SCHLATHAUS ALTERATION SECTION 01045-1 9901.003 CUTTING AND PATCHING PART 3 - EXECUTION 3.01 SURFACE CONDITIONS A. Inspection: 1. Inspect existing conditions, including elements subject to movement or damage during cutting, excavating, patching, and backfilling. 2. After uncovering the work, inspect conditions affecting installation of new work. B. Discrepancies: 1. If uncovered conditions are not as anticipated, immediately notify the Architect and secure needed directions. 2. Do not proceed until unsatisfactory conditions are corrected. 3.02 PREPARATION PRIOR TO CUTTING A. Provide required protection including, but not necessarily limited to, shoring, bracing, and support to maintain structural integrity of the work. 3.03 PERFORMANCE A. Perform required excavating and backfilling as required under pertinent other Sections of these Specifications. B. Execute cutting and demolition by methods which will prevent damage to other work, and will provide proper surfaces to receive installation of repairs. C. Execute fitting and adjustment of products to provide a finished installation to comply with specified products, functions, tolerances and finishes. D. Restore work which has been cut or removed; install new products to provide completed work in accord with requirements of Contract Documents. E. Fit work airtight to pipes, sleeves, ducts, conduit and other penetrations through surfaces. I. Seal cable, conduit and duct penetrations through floors and walls with foam to prevent passage of air, water, fire and smoke. F. Refinish entire surfaces as necessary to provide an even finish to match adjacent finishes: 1. For continuous surfaces, refinish to nearest intersection. 2. For an assembly, refinish entire unit. END OF SECTION SCHLATHAUS ALTERATION SECTION 01045-2 9901.003 CUTTING AND PATCHING SECTION 01060 REGULATORY REQUIREMENTS PART 1 - GENERAL 1.01 DESCRIPTION A. Work included: 1. Regulatory agencies having jurisdiction over this Project, 2. The Architect does not imply that all governing code and regulations are enumerated. It is Contractors responsibility to verify own obligations, B. Related work: 1. Review all Sections of Specifications for other specific regulatory requirements. 1.02 SCOPE A. Permits, Fees. 1. Building Permits a. The General Contractor will secure and pay for the building permit required for this. Project. B. Building Codes and Regulations, 1. Federal OSHA State New York Uniform Building Code Comply with anti -pollution, environmental regulations, handicapped codes as applicable. C. Safety Regulations L Comply with all Federal, State, and Local safety regulations applicable to Project. 2. Consult specific specification sections for special safety requirements including proper precautions for fire safety. 3. The General Contractor governs his own program of safety on the construction Project. 4. Each employer, whether prime contractor or subcontractor is separately responsible for All specific safety requirements promulgated by any governmental authority, including without limitation, the requirements of Occupational Safety and Health Act of 1970, the Construction Safety Act of 1969, and all standards and regulations promulgated by parties or agencies which administer such acts. The Contractor and each subcontractor is responsible for the acts of his employees and for appropriate record keeping and reporting. 1.03 PROJECT CLOSEOUT A. At completion, review the project with the Architect for any uncompleted code compliance requirements. 1. Certificates of compliance. 2. Punch list items. Occupancy permit requirements. END OF SECTION SCHLATHAUS ALTERATION SECTION 01060-1 9901.003 REGULATORY REQUIREMENTS SECTION 01090 REFERENCE STANDARDS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Abbreviations and acronyms used in Contract Documents to identify reference standards. B. Federal and Industry Standards applicable to Project. 1.02 QUALITY ASSURANCE A. Application: When a standard is specified by reference, comply with requirements and recommendations stated in that standard, except when requirements are modified by the Contract Documents or applicable codes establish stricter standards. B. Publication Date: Use publication in effect on date of issue of Contract Documents, except when a specific publication date is specified. C. Those not listed herein, if any, must be current copies at time of Award of Contract. In case of a conflict between the referenced Specification or Standard and these Project Specifications, Project Specifications govern. In case of conflicts between the referenced Specifications or Standards, the one having the more stringent requirements govern. D. Any Prime Contractor, if requested, must furnish an affidavit from manufacturer, certifying that materials or products delivered to job ineet requirements specified. Certification does not relieve Contractor from responsibility of complying with any added requirements specified herein. 1.03 ABBREVIATIONS, NAMES AND ADDRESSES OF ORGANIZATIONS A. Obtain copies of referenced standards direct from publication source when needed for proper performance of work, or when required for submittal by Contract Documents. 1.04 FEDERAL CONSTRUCTION AND SAFETY REQUIREMENTS (OSHA) A. All construction and safety procedures used on this Project must meet the Occupancy Safety and Health Standards; National Consensus Standards, and Established Federal Standards including all requirements of the Williams -Steiger Occupational Safety and Health Act, Volume 36 Federal Register Number 75 - Safety and Health Regulations for Construction, Volume 36 Federal Register Number 105 Occupational Safety and Health Standards and any other requirements set by the Occupational Safety and Health Administration. END OF SECTION SCHLATHAUS ALTERATION SECTION 01090-1 9901.003 REFERENCE STANDARDS SECTION 01152 APPLICATIONS FOR PAYMENT PART I - GENERAL 1.01 DESCRIPTION A. Work included: Comply with procedures described in this Section when applying for progress payment and final payment under the Contract. B. Related work: 1. The Contract Sum and the schedule for payments are described in the Form of Agreement. 2. Payments upon Substantial Completion and Completion of the work are described in the General Conditions and in Section 01152 of these Specifications. 1.02 QUALITY ASSURANCE A. Prior to start of construction, secure the Architect's approval of the schedule of values. B. During progress of the work, modify the schedule of values as approved by the Architect to reflect changes in the Contract Sum due to Change Orders or other modifications of the Contract. C. Base the request for payment on the approved schedule of values. 1.03 SUBMITTALS A. Formal submittal: Unless otherwise directed by the Architect: 1. Make formal submittal of request for payment by filling in the agreed data, by typewriter or neat lettering in ink, on AIA Document G702, "Application and Certificate for Payment," plus continuation sheet or sheets. 2. Sign and notarize the Application and Certificate for Payment 3. Submit the original of the Application and Certificate for Payment, plus two identical copies to the Architect. END OF SECTION SCHLATHAUS ALTERATION SECTION 0 115 2-1 9901.003 APPLICATIONS FOR PAYMENT SECTION 01153 CHANGE ORDER PROCEDURES PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Promptly implement change order procedures. 1. Provide full written data required to evaluate changes. 2. Maintain detailed records of work done on a time- and-material/force account basis. 3. Provide full documentation to Architect on request. 1.02 RELATED REQUIREMENTS A. Agreement: The amounts of established unit prices. B. Conditions of the Contract: 1. Methods of determining cost or credit to Owner resulting from changes in work made on time -and -material basis. 1.03 DEFINITIONS A. Change Order: See General Conditions. B. Construction Chane Authorization AIA Document G713: A written order to Contractor, signed by Owner and Architect, which amends Contract Documents as described, and authorizes Contractor to proceed with a change which affects Contract Sum or Contract Time, for inclusion in a subsequent Change Order. C. Architect's Supplemental Instructions, AZA Document G710: A written order, instructions, or interpretations, signed by Architect making minor changes in the work not involving a change in Contract Sum or Contract Time. 1.04 PRELIMINARY PROCEDURES A. Owner or Architect may initiate changes by submitting a Proposal Request to Contractor. Request will include: 1. Detailed description of the change, products, and location of change in Project. 2. Supplementary or revised Drawings and Specifications. 3. The projected time span for making change, and a specific statement as to whether overtime work is, or is not, authorized. 4. A specific period of time during which the requested price will be considered valid. 5. Such request is for information only, and is not an instruction to execute changes, nor to stop work in progress. B. The Contractor may initiate changes by submitting a written notice to Architect, containing: 1. Description of the proposed changes. 2. Statement of reason for making changes. 3. Statement of effect on Contract Sum and Contract Time. 4. Statement of effect on work of separate contractors. 5. Documentation supporting any change in Contract Sum or Contract Time, as appropriate. 1.05 CONSTRUCTION CHANGE AUTHORIZATION A. In lieu of Proposal Request, Architect may issue a construction change authorization for Contractor to proceed with a change for subsequent inclusion in a Change Order. SCHLATHAUS ALTERATION SECTION 01153-1 9901.003 CHANGE ORDER PROCEDURES B. Authorization will describe changes in the work, both additions and deletions, with attachments of revised Contract Documents to define details of change, and will designate method of determining any change in Contract Sum and any change in Contract Time. C. Owner and Architect will sign and date the Construction Change Authorization as authorization for Contractor to proceed with changes, D. Contractor may sign and date the Construction Change Authorization to indicate agreement with terms therein. 1.06 DOCUMENTATION OF PROPOSALS AND CLAIMS A. Support each quotation for a lump -sum proposal, and for each unit price with sufficient substantiating data to allow Architect to evaluate quotation. B. On request provide additional data to support time and cost computations: 1. Labor required. 2. Equipment required. 3. Products required. a. Recommended source of purchase and unit cost. b. Quantities required. 4. Subcontract costs. 5. Taxes, insurance and bonds. 6. Credit for work deleted from Contract, similarly documented. 7. Overhead and profit. & Justification for any change in Contract Time. C. Support each claim for additional costs, and for work done on a time-and-material/force account basis, with documentation as required for a lump -sum proposal, plus additional information: 1. Name of Owner's authorized agent who ordered work, and date of order. 2. Dates and times work was performed, and by whom. 3. Time record, summary of hours worked, and hourly rates paid. 4. Receipts and invoices for: a. Equipment used, listing dates and times of use. b. Products used, listing of quantities. C. Subcontracts. 1.07 PREPARATION OF CHANGE ORDERS A. Architect will prepare each Change Order. B. Form: Change Order: AIA Document G701. C. Change Order will describe changes in work --both additions and deletions --with attachments of revised Contract Documents to define details of change. D. Change Order will provide an accounting of adjustment in Contract Sum and in Contract Time. 1.09 CORRELATION WITH CONTRACTOR'S SUBMITTALS A. Periodically revise the Schedule of Values and Request for Payment forms to record each change as a separate item of work, and to record the adjusted Contract Sum. END OF SECTION SCHLATHAUS ALTERATION SECTION 01153.2 9901.003 CHANGE ORDER PROCEDURES SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1.01 DESCRIPTION A, Work included: Provide an orderly and efficient transfer of the completed work to the Owner. 1.02 QUALITY ASSURANCE A. Prior to requesting inspection by the Architect, use adequate means to assure that the work is completed in accordance with the specified requirements and is ready for the requested inspection. 1.03 PROCEDURES A. Substantial Completion: 1. The Contractor shall prepare and submit the list required of outstanding items. 2. Within a reasonable time after receipt of the list, the Architect will inspect to determine status of completion. 3. Should the Architect determine that the work is not substantially complete: a. The Architect promptly will so notify the Contractor, in writing, giving the reasons therefore. , b, Remedy the deficiencies and notify the Architect when ready for reinspection. C. The Architect will reinspect the work. 4. When the Architect concurs that the work is substantially complete: a. The Architect will prepare a "Certificate of Substantial Completion" on AIA form G704, accompanied by the Prime Contractor's list of items to be completed or corrected, as verified by the Architect. b. The Architect will submit the Certificate to the Owner and to the Contractor for their written acceptance of the responsibilities assigned to them in the Certificate. B. Final Completion: 1. Prepare and submit the "Notice of Completion". 2. Verify that the work is complete. 3. Certify that: a. Contract Documents have been reviewed. b. Work has been inspected for compliance with the Contract Documents. C. Work has been completed in accordance with the Contract Documents. d. Work is completed and ready for final inspection. 4. The Architect will make an inspection to verify status of completion. S, Should the Architect determine that the work is incomplete or defective; a. The Architect promptly will so notify the Contractor, in writing, listing the incomplete or defective work. b. Remedy the deficiencies promptly, and notify the Architect when ready for reinspection. 6. When the Architect determines that the work is acceptable under the Contract Documents, he will request the Contractor to make closeout submittals. SCHLATHAUS ALTERATION SECTION 01700-1 9901.003 CONTRACT CLOSEOUT C. Closeout submittals include, but are not necessarily limited to: 1. Evidence of compliance with requirements of governmental agencies having jurisdiction including, but not necessarily limited to: a. Certificates of Inspection 2. The Contractor shall prepare a "Contractor's Affidavit of Payment of Debts and Claims" on ATA Form G706, from the Contractor and all subcontractors, a G706A, and a "Consent of Surety Company to Final Payment" on AIA Form G707, and waivers of lien from all subcontractors, material suppliers and his own organization. 3. Affidavit of payment prevailing wages, D. Final adjustment of accounts: 1. Submit a final statement of accounting to the Architect, showing all adjustments to the Contract Sum. END OF SECTION SCHLATHAUS ALTERATION SECTION 01700.2 9901.003 CONTRACT CLOSEOUT SECTION 01710 CLEANING PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: 1. Throughout the construction period, the Contractor shall maintain the building and site in a standard of cleanliness as described in this Section. B. Related work: 1. In addition to standards described in this Section, comply with a requirements for cleaning as described in pertinent other Sections of these Specifications. 1.2 QUALITY ASSURANCE A. Conduct daily inspection, and more often if necessary, to verify that requirements for cleanliness are being met. B. In addition to the standards described in this Section, comply with pertinent requirements of governmental agencies having jurisdiction. PART 2 - PRODUCTS 2.1 CLEANING MATERIALS AND EQUIPMENT A. Provide required personnel, equipment, and materials needed to maintain the specified standard of cleanliness. 2.2 COMPATIBILITY A. Use only the cleaning materials and equipment which are compatible with the surface being cleaned, as recommended by the manufacturer of the material. PART 3 - EXECUTION 3.1 PROGRESS CLEANING A. General: 1. Retain stored items in an orderly arrangement allowing maximum access, not impeding traffic or drainage, and providing required protection of materials. 2. Do not allow accumulation of scrap, debris, waste material, and other items not required for construction of this work. 3. At least twice each month, and more often if necessary, completely remove all scrap, debris, and waste materials from the job site, observing requirements for fire protection and protection of the ecology. B, Site: 1. Daily, and more often if necessary, inspect the site and pick up all scrap, debris, and waste material. Remove such items to the place designated .for their storage. 2. Weekly, and more often if necessary, inspect all arrangements of material stored on the site. Restack, tidy, or otherwise service arrangements to meet the requirements of subparagraph 3.1-A-1 above. 3. Maintain the site in a neat and orderly condition at all times. SCHLATHAUS ALTERATION SECTION 01710-1 9901.003 CLEANING C. Structures: 1. Weekly, and more often if necessary, inspect the structures and pick up all scrap, debris, and waste material. Remove such items to the place designated for their storage. 2. As required preparatory to installation of succeeding materials, clean the structures or pertinent portions thereof to the degree of cleanliness recommended by the manufacturer of the succeeding material, using equipment and materials required to achieve the necessary cleanliness. 3.2 FINAL CLEANING (By General Contractor) A. "Clean," for the purpose of this Article, and except as may be specifically provided otherwise, shall be interpreted as meaning the level of cleanliness generally provided by skilled cleaners using commercial quality building maintenance equipment and materials. B. Prior to completion of the work, remove from the job site all tools, surplus materials, equipment, scrap, debris, and waste. Conduct ficial progress cleaning as described in Article 3.1 above. C. Site: 1. Unless otherwise specifically directed by the Architect, broom clean paved areas on the site and public paved areas adjacent to the site. 2. Completely remove resultant debris. D. Structure: 1, Exterior: a. Visually inspect exterior surfaces and remove all traces of soil, waste materials, and other foreign matter. b. Remove all traces of splashed materials from adjacent surfaces. 2. Interior: Visually inspect interior surfaces and remove all traces of soil, waste materials, and other foreign matter, Remove all traces of splashed material from adjacent surfaces. Remove paint droppings, spots, stains, and dirt from finished surfaces. E. Schedule final cleaning as approved by the Architect to enable the Owner to accept a completely clean work. 3.3 CLEANING DURING OWNER'S OCCUPANCY A. Should the Owner occupy the work or any portion thereof prior to its completion by the Contractor and acceptance by the Owner, responsibilities for interim and final cleaning shall be as determined by the Architect in accordance with the General Conditions of the Contract. END OF SECTION SCHLATHAUS ALTERATION SECTION 01710-2 9901.003 CLEANING