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Rebid Contract Documents , ... ... ~ ~ Contract Documents ~ I ~ for the I.. Town of Wappinger t .. Robinson Lane Park .. Challenger Field , '- ... L. Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 , .. L September 2012 i .. f '- AfJ, ~ . rF>~~~'&~ ~'&~ ... l~\l StY '1 \) ~GE.R . . ?-",,\ Or \N f;.R'" ,O\f'!N ..I\I~ C~ ,0"" , l ~.. ~ Clark Patterson Lee DESIGN PROFESSIONALS .. j j J .J j .J j i J I J .J j j j J j j j j j - - - - - - - - - - - - - - - - - - - T able of Contents PAGE Division 0 - Biddinq Requirements And Contract Forms Bidding Requirements Advertisement for Bids ......... ................... .............. ................:. ..... ........... .................. ........... 00020-1 Instructions to Bidders............................ .................. .................... ................... ............. ........ 00100-1 Bid ... ................... ... ............ ..... ............ ............... ..... ............... .............. ... ................. ...... 00310-1 Basis of Payment. ............... ...................... ............ .................. .................. ................... ........ 00410-1 Bid Bond.... .............. .............. .................... ............... .................... ................ ................ ........ 00420-1 Contract Requirements Agreement............... ............... .................... ............. ..................... .................................. ...... 00510-1 Supplementary Conditions of the Contract for Construction .............................................................. Performance Bond.. ................ ................ ................... .................. .............. .................. ......... C-61 0-1 Payment Bond......... ............... ................... .............. ................ ..... ............. ................... ...... C-615A-1 General Conditions.. ............. ................... ................ ................ ..... ........... ............................. 00700-1 Supplementary Conditions. .................... ............... ................ ....... ............ .................... ........ 00810-1 Wage Rates............... ............. ................. ..................... ............... ................................................ ...... Federal Labor Standards Provisions.... ...................... ................ ................. ................. .............. ........ Division 1 - General Requirements Summary of Work ............... .................. ................. .................. ................................. ......... 01010-1 Project Completion Procedures.................................................................... ........................ 01027-1 Modification Procedures ....... ................... ................ ............... ................. ..................... ........ 01028-1 Surveys and Permits. ........... ................... .............. ..... ............... ................ .................... ....... 01052-1 Codes and Standards................ ........... ...... ............... .................. ................ ............... .......... 01060-1 Abbreviations and Symbols... ..................... ............. ...... .............. ............... .................. ........ 01070-1 Substitutions .......... ................. ................... ................ .................. .................. ................ ....... 01140-1 Submittals.. .............. .............. .................... ................. ................ ............... ................. .......... 01300-1 Final Inspection ......... ............ .................. ................ ... ............. .... ................. ... ............. ........ 01420-1 Protection of Existing Utilities and Adjacent Structures....................................................... 01530-1 Security and Protection ...................................................................................... ....... 01540-1 Borrow Pits. Dumps. and Storage................................... .... 01700-1 Cleaning Up........... .......... .... ................ .... ............. ... .............. ................ ............. ........ .......... 01710-1 Division 2 - Site Work Site Preparation....... ............. ...................... ........... ..................... .............. ....... ............. ........ 02100-1 Clearing and Grubbing .......... ............. ................. ................. ................ ....................... 02230-1 Erosion Control..................................................................................................................... 02270-1 Earthwork................ .............. .................... ............... ................................. ........................... 02300-1 Asphalt Paving...... ............... ................... ............... ............... .................. ....... ............. ........ 02741-1 Concrete Pavement. Sidewalks and Curbing................................................. .........02751-1 Chain Link Fence and Gates .............. .....02821-1 Site Amenities. ............... ....02870-1 Turf and Grasses. .....02920-1 - - - - - - - - - - - - - - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD ADVERTISEMENT FOR BIDS 00020-1 The Town of Wappinger invites bids for the "Robinson Lane Baseball Field" located in the Town of Wappinger. Dutchess County, New York. This protect is funded in part by a Community Development Block Grant administered by the Dutchess County Department of Planning. Separate sealed bids will be received by the Town of Wappinger Town Clerk Office at the Town Hall located at 20 Middlebush Road, Wappingers Falls. NY 12590 until 2:00pm. (local time) October 10, 2012 at which time they will be publicly opened and read aloud. Bids received after that time will not be accepted. The Work of the project will be let for the following Contracts: Contract 1 Robinson Lane Baseball Field The Work of the project shall be completed within 60 days from the notice of award. Copies of the Bidding Documents will be available starting, September 19, 2012, at A Copy A Second, Inc. Route 82, Hopewell Junction, NY 12533, phone 845-226-4153, upon deposit of Fifty Dollars ($50.00) per set (Drawings and Project Manual). Checks shall be made payable to the Town of Wappinger. Partial sets will not be distributed. A Bidder, upon 1) making the deposit required for the Bid Documents, 2) submitting a Proposal accompanied by a certified check or other security in accordance with the requirements contained in the plans and specifications and public advertisement for bids, and 3) returning the plans and specifications used by such Bidder in good condition within thirty (30) days following the award of the Contract, or rejection of the Bid. shall have returned to them the full amount of the deposit for one copy of the plans and specifications. Prospective bidders may request clarifications of the Bid Documents by contacting Greg Bolner, at (phone 845-567-2011 fax 845-567-9614). All requests for clarifications shall be submitted in writing on the Clarification Form provided. Prospective bidders are strongly encouraged to attend a pre-bid conference for the Project conducted by the Greg Bolner on Friday September 28, 2012 at 9:00am at the Robinson Lane Baseball Complex located on Robinson Lane in the Town of Wappinger. Attention of the Bidder is particularly called to the Owner's sales tax exemption, the requirements as to conditions of employment to be observed, and the prevailing wage rates to be paid under the Contract. In addition, the Bidding Documents contain detailed requirements for the qualification of Bidders. These include. among other things, insurance requirements, financial statements, bank references. lists of lawsuits, arbitrations or other proceedings in which the Bidder 11as been named as a party, and a description of other projects of similar size and scope completed by the Bidder. Bids shall be prepared as set forth III ulNSTRUCTIONS TO BIDDERS", enclosed in a sealed envelope bearing on its face the name and address of the Bidder and the title of the Work to which the bid enclosed relates No Bidder may withdraw his bid within forty-five (45) days after the actual bid opening. The Owner reserves the right to waive any and alllllformalities in, or to reject, any or all bids. _ The Owner further reserves the right to disqualify Bidders for any material failure to comply with the 'INSTRUCTIONS TO BIDDERS" and "SUPPLEMENTARY INSTRUCTIONS TO BIDDERS." - BY ORDER OF THE TOWN BOARD - AN EOUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER END OF SECTION - - - .. - .. - - - - - - - ... .. .. - - - - - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD INSTRUCTIONS TO BIDDERS 00100-1 INSTRUCTION TO BIDDERS 1. DEFINED TERMS 1 .1 Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Contract Documents have the meanings assigned to them in the Gen- eral Conditions. The term "Bidder" means one who submits a Bid directly to the Own,er, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible, and responsive Bidder to whom Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bid- ding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2 COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Owner and/or Engineer as stated in the Advertisement or Invitation to Bid. The deposit mayor may not be refunded as outlined in the Invitation to Bid. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 The Owner and Engineer in making copies of Bidding Documents available on the above terms does so only for the purpose of obtaining Bids on the Work and does not confer a li- cense or grant for any other use. 3. QUALIFICATION OF BIDDERS 31 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit at the Owner's request written evidence, such as financial data, previous experi- ence, present commitments and other such data as may be called for below (or in the Supplementary Instructions). Each bid must contain evidence of Bidder's qualification to do business in the state where the project is located or covenant to obtain such qualifica- tion prior to award of the contract. 4. EXAMINATION OF CONTRACT DOCUMENTS, OTHER RELATED DATA, AND SITE 4.1 Site Information A. Subsurface and Physical Conditions 4.4 4.5 - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD INSTRUCTIONS TO BIDDERS 00100-2 .. 1. The Supplementary Conditions identify. those reports of explorations and tests of subsurface conditions at or contiguous to the site that Engineer has used in preparing the Bidding Documents, if any - 2. Those reports are not part of the Contract Documents. but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and estab- lished in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. .. .. .. 4.2 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and underground facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03,and 4.04 of the General Conditions. .. 4.3 Hazardous Environmental Condition .. A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any. that ENGINEER has used in preparing the Bidding Documents. .. B. Copies of reports and drawings referenced in paragraph 4.03 A will be made available by OWNER to any Bidder on request Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the Gen- eral Conditions has been identified and established in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclu- sion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. - .. - Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Under- ground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02. 4.03, and 4.04 of the General Con- ditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environ- mental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. - .. - - On request, OWNER will provide Bidder access to the Site to conduct such examina- tions, investigations explorations, tests, and studies as Bidder deems necessary for - - .. - .. .. - .. - - - - - - - .. - .. - - - - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD INSTRUCTIONS TO BIDDERS 00100-3 submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations. tests, and stud- ies. 4.6 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination ac- cess to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.7 It is responsibility of each Bidder before submitting a Bid to: A. Examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost. progress. and performance of the Work: C. Become familiar with and satisfy Bidder as to all Federal, State, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to ex- isting surf ace or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Condi- tions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E Obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and da- ta concerning conditions (surface, subsurface. and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, se- quences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of con- struction expressly required by the Bidding Documents, and safety precautions and programs incident thereto: F. Agree at the time of submitting its Bid that no further examinations. investiga- tions, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents: .. TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD INSTRUCTIONS TO BIDDERS 00100-4 - G. 48 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Doc- uments and applying any specific means, methods. techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, er- rors, ambiguities, and discrepancies that Bidder has discovered in Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. J, Become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Docu- ments; .. H, Correlate the information known to Bidder, information and observations ob- tained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations. tests, studies, and data with the Bidding Documents; .. .. I. Promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and - Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. .. .. - - - 4.9 Information and data reflected in the Contract Documents with respect to underground fa- cilities at or contiguous to the site is based upon information and data furnished to the Owner and Engineer by owners of such underground facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof unless it is ex- pressly provided otherwise in the Supplementary Conditions, - ... 410 Before submitting a Bid. each Bidder will, at the Bidder's expense, make or obtain any ad- ditional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsur- face, and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the work and which Bidder deems necessary to determine its Bid for performing and furnishing the work in accordance with the time, price, an other terms and conditions of the Contract Documents. - ... 4.11 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up. and restore the site to its former condition upon completion of - - .. .. - - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD INSTRUCTIONS TO BIDDERS 00100-5 - such explorations. Any soil investigations made on state property or adjacent to pave- ments shall be carried on under the supervision of NYSDOT regional traffic engineer. 4:12 The lands upon which the work is to be performed, rights-of-way and easements for ac- cess thereto and other lands designated for use by the Contractor in performing any work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be pro- vided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the Owner unless otherwise provided in the Contract Documents. - - - 5. PRE-BID CONFERENCE - 5.1 - - A pre-Bid conference may be held at a time and place discussed in the Invitation to Bid. If held, representatives of OWNER and ENGINEER will be present to discuss the Pro- ject. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 6. SITE AND OTHER AREAS - 6.1 - - 7. 7.1 - - - - - - - The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of ma- terials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR Easement for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. INTERPRETATIONS AND ADDENDA All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer in writing. Interpretations or clarifications considered necessary by the Engi- neer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other inter- pretations or clarifications will be without legal effect. 7.2 Addenda may also be issued to clarify or modify the Bidding Documents as deemed ad- visable by the Owner or Engineer 8. BID SECURITY 8.1 Each Bid must be accompanied by Bid security made payable to the Owner in an amount of 5~~ percent of the Bidder's maximum Bid price and in the form of a Bid Bond (on fOtrll 8.2 .. TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD INSTRUCTIONS TO BIDDERS 00100-6 - attached, if a form is prescribed) issued by a surety meeting the requirements of Para- graph 5.01 of the General Conditions. .. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bid- der fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, the Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of the seventh day after the effective date of the Agreement or the forty-sixth day after the Bid opening, whereupon Bid security furnished by such Bid- ders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. ... ... .. .. 9. CONTRACT TIME 9.1 The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract time) are set forth in the Bid Form and the Agreement. - ... 10. LIQUIDATED DAMAGES 10.1 Provisions for liquidated damages, if any, are set forth in the Agreement. - 11. SUBSTITUTE OR "OR EQUAL" ITEMS 11.1 The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. For both the base bid and non-base bid items (if used in the Contract) whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by the Contractor if acceptable to the Engineer, application for such acceptance will not be considered by the Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by the Contractor and consideration by the Engineer is set forth in Paragraphs 6.05A and 6.05C of the General Requirements. - - - 12. SUBCONTRACTORS. SUPPLIERS, AND OTHERS - 12.1 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder. and any oth- er Bidder so requested. shall within seven days after the Bid opening submit to the Owner a list of all such Subcontractor, Suppliers. and other persons and organizations proposed for those portions of the work for which such identification is required Such list shall be - - - - l1li - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD INSTRUCTIONS TO BIDDERS 00100-7 - - accompanied by an experience statement with pertinent information regarding similar pro- jects and other. evidence of qualification for each such Subcontractor, Supplier, person or organization, if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organ- ization, may before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price, - - 12,2 If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractor, Suppliers, and other persons and organizations, The declining to make requested substi- tutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Suppliers, other person or organization listed and to whom the Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06.B of the General Conditions, - - - 12.3 In contracts where the Contract Price is on the basis of Cost of the Work Plus a Fee. the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to the _ Owner those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the work with the Owner's written consent. - 12.4 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection, - 13. BID FORM 13.1 Unit Price - A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule, - B The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. - - C, Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices, Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum, Discrepancies between words and figures will be resolved in favor of the words, - - 13,2 The Bid Form is included with the Bidding Documents: additional copies may be obtained from the Engineer (or the issuing office), - - ... TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD INSTRUCTIONS TO BIDDERS 00100-8 .. 13.3 All blanks on the Bid Form must be completed by printing in ink or by typewriter and the Bid signed. .. 13.4 Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. .. ... 13.5 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. .. 13.6 All names must be typed or printed below the signature. - 13.7 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). ... 13.8 The address and telephone number for communications regarding the Bid must be shown. 14. SUBMISSION OF BIDS .. 14.1 Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed enve- lope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. .. ... 14.2 Prospective Bidders are furnished one copy of the Bidding Documents with one separate unbound copy each of the Bid Form. The Bidding Documents may be retained by the Bid- der. The separate unbound copy of the Bid Form is to be completed and submitted with the Bid security and the followinq data: .. ... Non-Collusive Bidding Certification 14.3 A Bid by a limited liability company shall be executed in the name of the firm by a mem- ber and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. ... ... 14.4 A Bid by an individual shall show the Bidder's name and official address. 14.5 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid form. The official address of the Joint venture must be shown below the sig- nature. ... .. ... .. - - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD INSTRUCTIONS TO BIDDERS 00100-9 _ 14.6 The Bid shall contain' evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number for the state of the Pro- ject. if any, shall also be shown on the Bid form. - 15. - 15.1 - 15.2 - - 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 Bids are to be submitted at any time prior to the opening of Bids. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid, and that section 1 03( 11) of the General Municipal Law of the State of New York is ap- plicable, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the work to be provided under the Contract Documents. - 16. OPENING OF BIDS 16.1 Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract .. of the amounts of the base Bids and major Alternates (if any) will be made available to Bidders after the opening of Bids. - 17. 17.1 - 18. - 18.1 - - - - - - BIDS TO REMAIN SUBJECT TO ACCEPTANCE All bids will remain subject to acceptance for forty-five (45) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid and return the Bid se- curity prior to that date. AW ARD OF CONTRACT The Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbal- anced, or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the bid is not responsive or the Bidder is un- qualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD INSTRUCTIONS TO BIDDERS 00100-10 .. 18.2 In evaluating Bids, the Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such Alternates, unit pric~s and other data, as may be requested in the Bid Form or prior to the Notice of Award. - 18.3 The Owner may consider as irregular any Bid on which there is an addition to, alteration of, or departure from the Bid Form hereto attached. and at its option, may reject same. .. 18.4 The Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of Subcontractors, Suppliers. and other persons and organizations must be submitted as provided in the Supplementary Conditions. The Owner also may consider the operating costs, maintenance requirements. performance data, and guarantees of major items of materials and equipment to be submitted prior to the Notice of Award. .. - .. 18.5 The Owner may conduct such investigations as the Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organiza- tions to perform and furnish the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. .. 18.6 The Owner reserves the right to award this project to the lowest responsible bidder on the basis of the Base Bid and any combination of the Alternates. - 18.7 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within forty-five (45) days after the day of the Bid opening. - 18.8 If the Contract is to be awarded, the cost must be within the monies set aside for the work including receipt of loans or funding available. Therefore, award of the Contract cannot be made without assurance that these funds are in place. - - 18.9 The Owner reserves the right to award anyone or all improvements included in this Bid Document dependent upon available funding. - 18.10 More than one Bid for the same Work from an individual or entity under the same or dif- ferent names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. - 19. CONTRACT SECURITY .. 19.1 Paragraph 5.01 of the General Conditions and the Supplementary Conditions set forth with the Owner's requirements as to performance and payment bonds. When the Suc- cessful Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required performance and payment bonds. All bonds shall be written by a firm licensed in New York State. - - - .. .. .. .. .. Contract Documents - for the - Town of Wappinger - Robinson Lane Park .. - Challenger Field - - - Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 - September 2012 .6~'\\~t,~ ~~ 'L~\'L st~ \ \) \~Gf(;~ \1'1 ~?? \{... ~~ O~ C\..~~ ,0 '\O\S'!~ .. - .. - - /~ /. Clark Patterson Lee C' E:) C~ ;:: ~ ~ s S ! ~,1 [. t. 5 - - - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD INSTRUCTIONS TO BIDDERS 00100-11 - 20. SIGNING OF AGREEMENT - 20.1 When the Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within seven days thereafter, the Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to the Owner with the required Bonds. Within five days thereafter. the Owner shall deliver one fully signed counterpart to the Contractor Each counterpart is to be accompanied by a complete set of the Contract Documents with appropriate identification - - 21. SALES AND USE TAXES - 21.1 Owner is exempt from New York State Sales Tax and Use Taxes on materials and equip- ment to be incorporated in the work. Said taxes shall not be included in the Contract Price. Refer to General Conditions 6.1 OA for additional information. - 22. RETAINAGE - 22.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. .. - .. - .. .. .. - - - - - Bid - BIDDER Name. Address .. - Phone and Fax Date - PROJECT: T own of Wappinger Robinson Lane Baseball Field Community Development Block Grant - OWNER: T own of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 - - 1.01 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with the OWNER in the form included in the Contract Documents to perform and furnish all work as specified or indicated in the Contract Documents for the Contract price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. - - 2.01 BIDDER accepts all of the terms and conditions of the Invitation to Bid and Instructions to BIDDERs. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and submit the Agreement and other documents required by the Bidding Requirements within seven days after the date of the OWNER's Notice of Award. - 3.01 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: .. A. BIDDER has examined and carefully studied copies of all the Bidding Documents. the other related data identified in the Bidding Documents, and the following Ad- denda (receipt of all which is hereby acknowledged): - Number~ Number Number~. Number - Date Date Date Date .. B. BIDDER has familiarized itself with the nature and extent of the Contract Docu- ments, work site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress. performance. or finishing of the work. - - 00310-1 - ... C. BIDDER has obtained and carefully studied (or assumes responsibility for obtain- ing and carefully studying) all such examinations, investigations, explorations, tests and studies which pertain to the physical conditions at the site or otherwise may af- fect the cost, progres's, performance or furnishing of the work as BIDDER considers necessary for the performance or furnishing of the work at the Contract Price, within the Contract Time, and in accordance with the other terms and condi- tions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions (and reports or drawings of Hazardous Environ- mental Conditions, if any, as provided in paragraph 4.06 of the General Conditions): and no additional examinations. investigations, explorations. tests, re- ports, or similar information or data are or will be required by BIDDER for such purposes. ... .. .. .. D. Contract Time and Liquidated Damages .. The Contract Time commences to run as provided in paragraph 2.03 of the Gen- eral Conditions and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions as specified in the Agreement. - CONTRACTOR shall pay OWNER as specified in the Agreement for each calen- dar day that expires after the time specified in Agreement for milestones and for completion and readiness for final payment. ... E. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or conti- guous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, or similar information or data in respect of said Underground Facili- ties are or will be required by BIDDER in order to perform and furnish the work at the Contract Price, within the Contract Time, and in accordance with the other terms and conditions of the Contract Documents, including specifically the provi- sions of Paragraph 4.04 of the General Conditions. .. - - .. F. BIDDER has correlated the results of all such observations, examinations, investi- gations, explorations, tests, reports. and studies with the terms and conditions of the Contract Documents. .. G. BIDDER has given ENGINEER written notice of all conflicts. errors, or discrepan- cies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. .. H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group. association, organization, or corporation: BIDDER has not di- rectly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any ad- vantage over any other BIDDER or over OWNER. .. ... .. ... OU310-2 .. 4.01 The BIDDER understands and agrees that the estimated quantities for unit Bid prices, if any. are to be considered as approximate only. The OWNER does not expressly or by im- plication agree that the actual quantities will correspond therewith and reserves the right to increase or decrease any quantity or to eliminate any quantity as he may deem necessary. Neither the OWNER nor the BIDDER will be entitled to any adjustments in a unit Bid price as a result of any change in quantity unless that change exceeds 15% of the estimated quantity and equals or exceeds $25,000, and BIDDER agrees to accept the aforesaid unit Bid prices as complete and total compensation for any additions or deductions caused by a variation in quantities as a result of more accurate measurement, or by any changes or alterations in the Work ordered by the OWNER, and for use in computing the value of the Work performed for progress payments for changes that vary within the adjustment limits stated above. - - - - - - - - - - - 5.01 - 601 - 701 - - I. Non-Payment Of Contract Items BIDDER understands and agree$ to provisions for non-payment of monies as out- lined in the Special Conditions for failure to complete a temporary erosion con"trol measures, dust control, and/or maintenance and protection of traffic. This non- payment will be a permanent deduction from the total monies paid under this con- tract. . J. BIDDER understands and agrees to pay OWNER one hundred dollars ($100) for each calendar day that expires after the notification and time specified in the Agreement for completion of restoration and/or temporary erosion control meas- ures. The undersigned further understands that there will be a review and negotiation of the unit Bid price whenever the actual quantity for that particular unit price Item varies by more than 15% from the Bid quantity, or by $25,000 or greater. BIDDER further agrees that the OWNER has the right to delete Bid items and/or Bid Sec- tions and may add Alternate(s) prior to or after award if the OWNER deems this to be in the OWNER'S best interest. BIDDER agrees to entire dollar amount, even if it is zero ($0), for each Alternate. (Do not leave an alternate bid amount blank.) BIDDER also agrees that the OWNER reserves the right to award this project to the lowest responsible BIDDER on the basis of the sum of the Base Bid, and any, all, or none of the Alternates listed in the Bid (if Alternates are applicable). The Town has ap- proximately $80,000 available to fund this project and intends to award the base bid and as many of the alternates in the order listed totaling less than the available funds. - 8.01 BIDDER will complete the work for the following price(s) as stated in the attached Bid Pro- posal. - - - 00310-3 .. 9.01 The Town of Wappinger has been and will continue to be an equal opportunity organiza- tion. All qualified Minority and Women-Owned Business Enterprises (MWBE) suppliers, contractors and/or businesses will be afforded equal opportunity without discrimination be- cause of race, color, religion, national origin, sex, age, disability, sexual preference or Vietnam Era Veterans status. The BIDDER shall comply with the material specifications and the Standard Clauses for NYS Contracts, Clauses Required by Office of Parks, Recreation and Historic Preservation and Equal Employment Opportunity Policy State- ment appended to the specifications. .. .. .. 1 0.01 T~le project is in part funded by a Community Development Block Grant administered by the Dutchess County Department of Planning. - - .. - - - .. - - .. .. .. .. .. 00310-4 .. I I 11(,111 2 A-l r Altern Furni high near A-2 I Altern Fine seed f I I r I I I , I I I f I '" Town of Wappinger Robinson Lane Baseball Field Town of Wappinger, New York I n_~rrl Description Unit Quantity ~--_._- --- lIation of parking lS asphalt and asphalt ays to field and tator area, ding stripping, ge and car stops. lIation of dugouts, lS ding concrete slab, link enclosure, roof enches. L BASE BID -. ate #1 LS sh and install 15' ball stopper (120 li- feet). I I .-.'..---"',.-- ate #2 lS grade, topsoil and ------- _.._--~-~-_.__." -------_.------ -.-----------'--- Insta area walkw spec inclu signa Insta inclu chain and b TOTA and (In Words) 1 and (In Words) and (In Words) 1 and (In Words) 1 II ---------- ---...-------..------- I and ______ _ _1 (In Words) Unit Price (In Words) Unit Price (Numerals) Total (Numerals) -. -- d_ .~.~. u_ - ----~------ ------- Dollars S -- - '0----- -----_._-----~ $ ---_.~--- .----.- (In Figures) (In Figures) .~----- ---------- Cents ---- --~.- $ $ ----.. Dollars (In Figures) (In Figures) ."-- Cents -~-_._-~-_. - S ~~---~~--- $ --~---'._--~-~-- Dollars (In Figures) (In Figures) ~------ Cents _u_ $ $ --~-,._--~~-~._-'_. Dollars (In Figures) (In Figures) -- Cents ~ ~---_._---._- - - ----- -_.- ----~-._._------_._---_.__._._---_._-- ___...___n.___ ._~--_._~..------_.. -.-_._---~ $ -- $ ----~ ._-~------_._..~-_.- -~------ Dollars (In Figures) (In Figures) --~-_._-_._._--_._--,------- Cents ~-~--~_.._---- -_.._-~-~._------ -- 00310-5 I Town of Wappinger Robinson Lane Baseball Field Town of Wappinger, New York Itr;m Unit Price (Numerals) Total (Numerals) Item Description Unit O~Jantity Unit Price (In Words) A-3 Alternate #3 LS 1 Installation of clay -. transition path (3' wide x $ _..~~-~- 4" deep) including re- ------~-- ---~--,_. Dollars (In Figures) moval of existing grass. and Cents (In Words) -_.~ Alternate #4 LS 1 Installation of additional asphalt spectator area, $ -~~--~-- ---- $ including enclosure --~---'- ------~~ ---~~ Dollars (In Figures) (In Figures) fence. and .--- Cents (In Words) u.u__.'__._.______ - -. ---. A-4 0031 0-6 I I I , I I I I I 1 I I I I I I I , - - - - - - - - - - - - - - - - - - - Non-Collusive Biddinq Certificate In accordance with the provisions of Section 103-d of the General Municipal Law as amended, the following "Non-Collusive Bidding Certificate" is and shall become a part of this proposal: (a) By submission of this bid, each BIDDER and each person signing on behalf of any BIDDER certifies, and, in the case of a joint bid, each party thereto certifies as to its own organizations under penalty of perjury, that to the best of his 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 BI DDER 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, partner- ship, or corporation to submit or not to submit a bid for the purpose of restriction of competition." Signature and Title In accordance with the provisions of Section 103-a of the General Municipal Law the following clause is hereby inserted to provide: "That upon the refusal of a person, when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or with any pubic department, agency, or official of the State or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concern- ing such transaction or contract, (a) such person, and any firm, partnership, or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal cor- poration or any public department, agency, or official thereof, for goods, work, or services, for a period of five years after such refusal, and to provide also that (b) any and all contracts made with any municipal corporation or any public department, agency, or official thereof, since the effective date of this law, by such person, and by any firm, partnership, or corporation of which he isa member, partner, director, or officer may be canceled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination. but any monies owing by the municipal corporation for goods delivered or work done prior to the cancella- tion or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to cancellation or termination shall be paid." 00310- 7 (Each joint venturer must sign The manner of signing for each individual. partnership and corporation that is a party to the joint venture should be in the manner indicated above) .. - 00310-8 .. - - Basis of Payment - - Based Bid Item 1 - Parking Area 1 . Method of Measurement: a. Payment for this item will be made on a lump sum basis. Progress payments will be made based upon the approved schedule of values furnished to ENGINEER by CONTRACTOR prior to the start of work. - 2. Basis of Payment: The bid price shall include but not be limited to: a. Box out, furnish and install paved parking area, paved sidewalks, and paved spectator area. The grade in any direction across the parking lot shall not exceed 2%. The grade along the walking paths shall not exceed 5% and the grade across the walking paths shall not exceed 2%. Contractor to provide layout and spot elevation for revrew by the Engineer. Furnish and install car stops, stripping, and Handicap parking detail. Furnish and install parking signage. - - - b. c. - Based Bid Item 2 - Dugouts 1 . Method of Measurement: a. Payment for this item will be made on a lump sum basis. Progress payments will be made based upon the approved schedule of values furnished to ENGINEER by CONTRACTOR prior to the start of work. - 3. Basis of Payment: The bid price shall include but not be limited to: a. Box out, furnish and install asphalt dugout pad (2). b For each dugout, furnish and install chain link enclosure, relocate one existing 3' wide gate, and wood roof. c. For each dugout, furnish and install aluminum bench Model #PTB-21 B or approved equal, secured to asphalt pad. - - - - Alternate Bid Item 1 - Ball Stopper 1. Method of Measurement: a. Payment for this item will be made on a lump sum basis Progress payments will be made based upon the approved schedule of values furnished to ENGINEER by CONTRACTOR prior to the start of work. - 2. Basis of Payment: The bid price shall include but not be limited to: a. Furnish and install 120 linear feet. 15' high ball stopper per detail in location as shown on the plan. - - Alternate Bid Item 2 - Fine Grading 1 . Method of Measurement a. The quantity paid for this item will be made on a lump sum basis. The lump sum price bid shall include the costs of furnishing all labor - 00410-1 - ... b. materials, and equipment necessary to complete the work in its entirety and as described in the contract documents. Progress payments will be made on a percentage of the bid arT)ount based upon the actual percent of work complete at the time of each request of payment. Final payment will not be complete until the OWNER is satisfied that project is complete and the site is free from all CONTRACTOR's equipment and supplies'. - - lIIIIlI 2. Basis of Payment: The bid prices shall include but not be limited to: a. Furnish and install topsoil to provide a constant and even grade from the edge of the existing field to the outside fence to fill the valley. b. Upon approval of the Engineer that the grade has been achieved per the intent of this pay item, the contract shall furnish and install seed and mulch per the bid specifications ... ... Alternate Bid Item 3 - Clay Transition Path 1 . Method of Measurement: a. Payment for this item will be made on a lump sum basis. Progress payments will be made based upon the approved schedule of values furnished to ENGINEER by CONTRACTOR prior to the start of work. - ... 2. Basis of Payment: The bid price shall include but not be limited to: a. Furnish labor, equipment and material to install a 3' wide clay transition between the existing artificial field surface and the grass as shown on the plans. The transition shall meet handicap accessibility requirements with no edge with a height differential greater than W'. - .. Alternate Item 4 - Additional Spectator Area 1 . Method of Measurement: a. Payment for this item will be made on a lump sum basis. Progress payments will be made based upon the approved schedule of values furnished to ENGINEER by CONTRACTOR prior to the start of work. - .. 2. Basis of Payment: The bid prices shall include but not be limited to: a. Box out, furnish and install additional paved spectator area shown. The walking surface shall drain away from the field and no grades in any di- rection across the walking surface shall exceed 2%. b. Furnish and install 6-foot chain link fence and 6' wide double swing gate. .. - .. - - - 004102 .. ... ... FIN/SHED GRADE .. SUITABLE RUN OF TRENCH MA TERIAL .. FINE GRADED SAND ONL Y .. t' TYPE K COPPER PIPE (TYP) - OR POL YETHYLENE ENOOPURE WA TER SERVICE TUBING BY __ ENDOT INDUSTRIES OR APPROVED EQUAL - . LARGER OVER 100' ... ,I '" TO HOUSE .. PROPER TY LINE .. MARKING TAPE - WA TER LINE ONL Y 12" BELOW FIN/SHED GRADE 12" ...QJ 6" I MUELLER CURB VAL VE - 300# BALL VAL VE TYPE OR APPROVED EQUAL WI STAINLESS STEEL ROO .. i' TYPE K COPPER PIPE (TYP) OR POL YETH YL ENE ENDOPURE --- WA TER SERVICE TUBING BY ENDOT INDUSTRIES OR APPROVED EQUAL ... WA TER LINE MUELLER CORPORA nON VAL VE - 300# BALL VAL VE TYPE OR APPROVED EQUAL ... INSTALLA TION NOTES 3. PIPE USED IN WA TER SERVICE CONNECTIONS SHALL BE TYPE 'K' COPPER TUBING OR POL YETHYLENE ENDOPURE WA TER SERVICE f. ALL M4 TERIALS I.ISED SHALL CONFORM TO THE REQUIREMENTS OF TI.IBING SUITABLE FOR 200 PSI MEETING ASTM D27:JT PE3408AS THE NEW YORK STA TE PLUMBING CODE. APPROVED IN THE N. YS PLUMBING CODE, SECTION 60S. .. 2. THE FOLLOWING GUIDELINES MUST BE CONFORMED TO: A. THE ENTIRE TRENCH SHALL BE EXCA VA TED BEFORE ANY PIPE IS LAID. B, THE TRENCH SHALL BE GRADED WITH A MINIMUM OF 6. OF SAND AS SHOWN. THIS LA YER SHALL THEN BE PROPERL Y COMPACTED, C, THE PIPE M4 Y THEN BE LAID, D, A FINE GRADED SAND MUST THEN BE PLACED AROUND THE PIPE AND COMPACTED TO PROPERL Y SUPPORT THE PIPE, E THE TRENCH MI.IST THEN BE FILL ED TO A POINT f' ABOVE THE TOP OF THE PIPE WITH SAND, THIS LA YER MUST BE THOROUGHL Y COMPACTED WITH A MECHANICAL TAMPER, F. THE REMAINDER OF THE TRENCH M4 Y THEN BE FILLED TO GRADE WITH RUN OF TRENCH MA TERIAL. . UTILITY LINES, INCLUDING SEWER AND WA TER SERVICES, MUST BE SEPARA TED BY A MINIMUM OF fO' UNLESS BENCHED ACCORDING TO N YS PLUMBING CODE ... ... ... .. - ~ MORRIS ASSOCIATES p,S,. LLC ENGINEERING CONSUL T.ANTS-tAND SURVEYORS ' ) 9 Elk.t lonG. _ _ I FoiI\-iew PIma. 160 Foirview Ave. $vi~e 205 PouChXeep\;e. ....ew )OI~ 12601 Hvchon. N('w Yo1:: l:tSJ~ F'hOf">e.'tD. (845) .04:'4-3411 Pho!)r; No.1518J 828.2300 fcxNo, r8l5) 4)J.1962 rm No_ISIS) eZS.J96.J DATE SCALE DESIGNED 9Y MA riLE No - (JR.A'~8Y AFB 7/21/08 208150 .. 4. MINIMUM COVER OVER THE PIPE WILL BE 5,-{)' UNLESS INSULA TED AGAINST FROST. 5. ALL DITCHES ARE TO BE DEWA TERED BEFORE ANY PIPE IS LAID, 6, THE PIPE SHALL BE INSPECTED PRIOR TO ANY BACKFILLING, 7 FOR TESTING, WA TERUNES SHALL BE TURNEDONAT THE CURB VAL VE 8 Y CAMO POLLUTION CONTROL AND INSPECTED FOR LEAKS BY THE TOWN BUILDING DEPT., 8. BEFORE ISSI.IANCE OF A. C. 0., MEASUREMENTS BETWEEN THE CURB VAL VE BOX COVER AND THE HOUSE CORIv'ERS SHALL BE SUBMITTED TO THE To.vm. 9 ALL FITTINGS TO. BE FLARED OR SOLDERED PIPE CONNECTlo.NS FOR COPPER OR FUSED FOR POL YETHYL ENE. REV No BY DESCRIPTION TOWN OF WAPPINGER TYPICAL RESIDENTIAL WATER SERVICE CONNECTION Di'VG - - - REMOTE READOUT MOUNTED ON HOUSE WALL - INSTALL READER 18" MIN & 48" M4X ABOVE FINISHED GRADE PIPE SL EEVE THROUGH WALL r REMOTE READOUT . WIRE PI - - - ~ ~ ~ a ~ C") t')C") ~ CI)~ ~ ~~ ::<j ~Cl r-- '6 55 'i :::::~ ~ ~ ~ '\ (')rn rr, rJ]~ r-- 1"1i~ :::j Vir-- ~ Vi::::: ~ ~ t')fli I>'j )j i: 31~ r-- [!j~ ~ f5 tJ Cl ~ "' ........,...H. .. .. .. INSTALLA nON NOTES. .. 1 ALL MA TERIALS USED SHALL CONFORM TO THE REQUIREMENTS OF THE NEW YORK STA TE PLUMBING CODE. 2 .. INSIDE PIPE JOINTS SHALL BE SOLDERED OR FLARED CONNECTIONS ONL y. J. NO FlmNGS SHALL BE INSTALLED ON mE LINE BETWEEN THE HOUSE AND THE CURB VAL VE UNL ESS THE LENGTH OF PIPE INSTALLED EXCEEDS 100 FEET.- .. 4. UTILITY LINES, INCL UD/NG SEWER AND WA TER SERVICES. MUST BE SEPARATED BY A MINIMUM OF 10' UNLESS BENCHED IN ACCORDANCE WITH N. y.8. PLUMBING CODE. BENCHED PIPES SHALL HA VE 18" MINIMUM HORIZONTAL AND VERTICAL SEPARA T10N. WA TER LINES SHALL AL WA YS BE INSTALLED ABOVE SANITARY SEWER LINES. .. .. 5. BACKFLOW PREVENTION ASSEMBLIES SHALL BE PERIODIC ALL Y TESTED PER TOWN CODE SECTiONS 2503./.1 AND 2503.1.2. TEST RESUL TS SHALL BE PROVIDED TO THE TOWN. PROPERTY OWNERS SHALL BE RESPONSIBLE FOR TESTING OF ALL BACKFLOW PREVENTION OEVICES AND SHALL SUBMIT TEST RESUL TS TO THE TOWN UPON REQUEST FOR RESIDENTIAL USE WA TTS SERIES 1 RESIDENTIAL DUAL CHECK VAL VE OR EQUAL. FOR COMMERCIAL USE: BACKFL OW PREVENTION SHALL BE AS PER THE TOWN APPROVED SITE/PROJECT PLAN .. .. - ~ MORRIS ASSOCIATES,p.s., LLC ENGINEERING CONSULTMHs-tAND SURVEYORS j 9 [rnlone. r foi'Yiew rJ~o. 160 Fcirview AVf">. Svil~ 205 Pcugh~ee-ps'(!. ~ew yoo ;260i HudK>r\. NewYco:: 12.$.34 ?hor.~ t\:o. 18(5) H4.)4 I \ Phone No. IS 18) S28-2J.OJ FCl: No. rB.(51 "7].1962 ro;r; No, (5IB) 828-3963 DAlE SCALE Or:.SIGNE.O BY MA - O~J-'.'.N CY IIFS 7/21/CS 0EE DETAIL Mil Cr<E'::/;ED 6Y FILE No. 2081~6 - BALL TYPE SHUT-OFF VAL VES SEE NOTE 7 PRESSURE REGULA TOR ~ PIPE SUPPORTS BACKFLOW PREVENTION ASSEMBL Y OR DOUBLE CHECK VAL VE '. ...','......" .....".. ====:J 6. COMMERCIAL WA TER SERVICE LINES SHALL BE CONSTRUCTED TO MEET THE REOUlREMENTS SHOW HEREON A T MINIMUM ADDITIONAL REOUlREMENTS FOR EOUIPMENT OR CONSTRUCTION SHALL BE AS INDICA TED ON THE APPROVED SITE PLAN. 7 SHUT OFF VAL VES SHALL BE i TURN BALL VAL VES ONL Y. 8. CURB VAL VE SHALL HA VE STAINLESS STEEL ROD. 9. PROPERTY OWNER SHALL BE SOLEL Y RESPONSIBLE FOR MAINTENANCE AND/OR REPLACEMENT OF THE EXISTING WA TER SERVICE PIPE AND COMPONENTS THA TARE INSTALLEO ON mEIR PRIVATE PROPERTY. (E.G. FROM THE CURB VA- VE TO AND WITHIN ANY DWELLING OR STRUCTURE ON THE PROPERTY). TENANTS TO THE SYSTFMAND COMMERCIAL USERS U4 Y HA v.= ADDIT10NAL RESPONSIBILITIES WHERE SPECIFIED IN SEPARA TF COVENANTS OR APPROVALS WITH THE TOlMY. THE TOWN SHALL BE RESPONSIBLE FOR OPERA TlON AND MAINTENANCE OF ThE WA TER SERVICE LINE IN mE PUBLIC RIGHT OF WA Y, FROM THE MAIN TO THE CURB VAL VE. 10. A PERMIT SHALL BE OBTAiNED BEFORE ANY CONSTRUCTION ACTIVITY U4Y BEGIN THE TOWN WATER SYSTeM OPERATOR AND THE BUILDING DEPARTMeNT MUST BE NOTIFIEO IN ADVANCE OF TAPPING THE TOWN WA TER MAINS. REV. No. BY DESCRIPTION TOWN OF WAPPINGER TYPICAL RESIDENTIAL WA Tt:R PIPING SYSTEM DWG 1-1 BID BOND PENAL SUM FORM - . BfODER (Name and Address): .. lilt SURETY (Name and Address of Principal Place of Business): .. OWNER (Name and Address~: - -BJO BID DUE DATE: PROJECT (Brief Description Including Location): .. - BONO ---saND NUMBER: DATE: (Not later than Bid Due Date): - PENAL SUM: tN WlmESS WHEREOF, Surety and Bidder, intending 10 be legaUy bound hereby, subjec1lo lhe terms printed on the reverse -side hereOf, do each cause this Bid Bond to be duly executed on its behalf by its aulhorized oHicer, agenl, or representative. BIDDER .. SURETY .___._ __ (Seal) ----________ (Seal) Surety's Name and Corporale Seal Bidder's Name and Corporate Seal .. '3y: By: .. Signature and Title Signature and Tille (Attach Power of Attorney) Alles\: Attest: Signature and Tille Signature and Tille - _*>te: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surely, Owner or other party shall be considered plural where applicable. .. EJCDC NO. 191o-28-C (1990 Edition) - - - I. Bidder and Surety, jointly and severaJly, bind them- selves, their heirs, ex.eculOnl, administrators., succe~ son and assigns to pay to Owner upon default of ~"Bjdder the penal sum set forth on the face ofthis Bond. 2. Default 0( Bidder shaD OCOJJ' upon the failure of Bidder to deliver within the time required by the Bidding Documents the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the BKkfing Documents and Contrnct Documents. 3. This obtigation shall be null and void if: 3. I. Owner accepts Bidder's bid and Bidder deliv- ers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Docu- ments, or 3.2. An bids are rejected by Owner, or 3.3. Owner fails to issue a notice of award to Bidder within the time specified in the Bidding Docu- ments (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by parngraph 5 hereof). 4. Payment under this Bond wJ1l be due and payable upon defauh of Bidder and within 30 calendar days ".."afler receipt by Bidder and Surety of wrillen notice of . default from Owner, which nolice wiIJ be given with reasonable promptness, identifying this Bond and the Project aoo including a statement of the amount due. 5. Surety waives ootice of and any and all defenses based on or arising oul of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the time for issuing ootice of award including ex tensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety, and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be com- menced only in a court of competent jurisdiction l0- cated in the state in which the Project is located. 8. Notice required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commerclaJ courier or by United Slates Registered or Certified Mail. return re- ceipt requested, postage pre.-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shaD cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. . 10. This Bond is intended to conform to an applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shaJJ be deemed to be included herein as if set forth at length. If any provision of the Bond conflicts with any applicable provision of any appfjcable statute, then the provision of said statue shaJJ govern and the remainder of this Bond that is not in conftictlherewith shall continue in full force and effect. 'I. The tenn . ~bid" as used herein includes a bid, offer or proposal as applicable. EJCDC NO. 1910-28-C (1990 Edillon) .. -' .. .. - - ... - .. .. .. - .. .. .. .. - .. .. ... - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD AGREEMENT FORM 00510-1 .. .. This Agreement is dated the _ day of August, in the year 2012, by and between the TOWN OF WAPPINGER (hereinafter called the OWNER), and . (hereinafter called the CONTRACTOR) . - OWNER and CONTRACTOR, In consideration of the mutual covenants hereinafter set forth, agree as follows: - Article 1 . WORK - 1.01 CONTRACTOR shall complete all WORK as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is titled as follows: - TOWN OF WAPPINGER, ROBINSON LANE BASEBALL FIELD Article 2. ENGINEER .. 2.01 The Project has been designed by Clark Patterson Lee, 900 Corporate Blvd., Newburgh New York; who is hereinafter called ENGINEER and who is to act as OWNER'S .. representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. .. Article 3. CONTRACT TIMES 3.01 - A. .. 3.02 .. A. Time of the Essence All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. Days to Achieve Substantial Completion and Final Payment The Work will be completed within 60 days of notice to proceed. The Signing of the Contract will function as the Notice to Proceed. .. Article 4. CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract .. Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01 below: .. 4.01 For all Unit price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price work times the estimated quantity of that item as indicated in this paragraph 4.01 (see attached BID section for specific items). - TOTAL OF ALL UNIT PRICES ($.00 ) - - .. TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD AGREEMENT FORM 00510-2 .. The Owner Reserves the right to select the lowest responsible Bidder AND which technology is to be used for completing the work. The Owner also reserves the right to reject any and all bids. ... Article 5. PAYMENT PROCEDURES .. 5.01 Submittal and Processing of Payments ... A. CONTRACTOR shall submit Applications for Payment to the ENGINEER. Applications for Payment will be processed by ENGINEER. 5.02 Progress Payments: Retainage ... A. CONTRACTOR shall submit Application for payments (AlA Document G702-1992 and AlA Document 703-1992) for portions of the work completed under the contract on or about the 20th day of each month during performance of the Work provided in paragraphs 5.02.A.1 and 5.02.A.2 below. All such payments will be measured by the schedule of values established (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values: ... .. 1 . Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine. or OWNER may withhold. - - a. 95% of Work completed (with the balance being retainage). - b. 50% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner) ... 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Work completed. less such amounts as ENGINEER shall determine and less ENGINEER'S estimate of the value of the Work to be completed or corrected. .. 5.03 Final Payment .. A. Upon final completion and acceptance of the Work the OWNER shall pay the remainder of the Contract Price, less 5% retainage as recommended by ENGINEER. .. B. Retainage shall be released to the CONTRACTOR six (6) months after Final Payment and after all conditions of the contract have been met. ... .. - .. - .. TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD AGREEMENT FORM 00510-3 .. Article 6. INTEREST .. 6.01 All moneys not paid within 45 days, following submittal of engineer-approved application for payment, shall bear interest at a point above the current prime rate. Article 7. - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: - A. - - .. .. .. - .. ... .. .. .. - - CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda) and the other related data identified in the Bidding Documents including "technical data." B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance or furnishing of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state. and local Laws and Regulations that may affect cost, progress. performance, and furnishing of the Work. D. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or contiguous to the Site. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR. including applying the specific means, methods, techniques, sequences. and procedures of construction, if any. expressly required by the Contract Documents to be employed by the CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests. studies or data are necessary for the performance and furnishing of the Work at the Contract Price. within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. .. TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD AGREEMENT FORM 00510-4 .. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. - - I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors. ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. - J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. - K. CONTRACTOR shall, upon written notice from the Engineer, remedy any defects in the Work which shall appear within a period of one (1) year from date of final payment for completed Work. - L. CONTRACTOR shall maintain the access to the playing field for games Saturdays and Sundays by the Little League Challenger program. - Article 8. CONTRACT DOCUMENTS - 8.01 Contents .. A. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: - 1. 2. This Agreement, Contract Documents with each document or sheet bearing the following general title: TOWN OF WAPPINGER - ROBINSON LANE BASEBALL FIELD. Addenda number CONTRACTOR's Bid. Documentation submitted by CONTRACTOR prior to Notice of Award. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: - - 3. 4. 5. 6. B. .. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents. C. .. The documents listed in paragraphs 8.01 et seq. above are attached to this Agreement (except as expressly noted otherwise above). D. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended. modified or supplemented in writing. .. - .. III - - - .. - - - - - - - - - - - - - - - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD AGREEMENT FORM 00510-5 Article 9. MISCELLANEOUS 9.01 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.02 OWNER and CONTRACTOR each binds itself, its partners. successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.03 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken. and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 OTHER PROVISIONS. (If applicable) IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. .. TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD AGREEMENT FORM 00510-6 .. This Agreement will be effective on Agreement) . ,2012 (which is the Effective Date of the .. OWNER: TOWN OF WAPPINGER CONTRACTOR: .. By By:_ .. [CORPORATE SEAL] [CORPORATE SEAL] (Acknowledgement of Officer or Owner Executing Agreement) State of NEW YORK ) ) SS: County of ) .. .. On this day of , 2012, before me personally came and appeared to me known and known to me, being duly sworn, did depose and say that he is the of the described in and which executed the foregoing instrument; that by virtue of the authority conferred on her by law _he subscribe h_ name to the foregoing instrument and that _he executed the same for the purpose therein mentioned. ... ... - - (Notary Public) (Acknowledgement of Contractor, if a Corporation) State of NEW YORK ) ) SS: County of ) - .. On this day of personally came and appeared to me known and known to me, being duly sworn, did depose and say that _he resides at , 2012, before me .. ; that he is the of the the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation: that one of the seals affixed to said instrument is such seal: that it was so affixed by order of the directors of said corporation and that _he signed h_ name thereto by like order. .. .. (Notary Public) ... END OF SECTION .. ... PERFORl'\1ANCE BOND - Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. - CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): - OWNER (Name and Address): - - CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): - - BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: - - Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. - CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) - Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature (Attach Power of Attorney) - Signature Print Name Print Name - Title Title - Attest: Attest: - Signature Signature Title Title - Note: Provide execution by additional parties, such as joint venturers, if necessary. - EJCDC C.610 Performance Bond Pn:pared by the Engineers Joint Contract DoCllments Committee. Page 1 or 1 - - Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to al!ange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of tbe Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. .. .. .. - .. - .. ... all all - .. .. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shaH be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce ... any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. _ 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those ... of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated _ without duplication for: EJCDC C..{iIO Performance Bond Prepared by the Engineu1i Joint Contract Documents CommlUee. .. Page 2 of 2 .. - - - - - - - - - - - - - - - - - - - 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators~ or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the juriSdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. . 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY - (Name, Address and Telephone) Surety Agency or Broker: Owner's Re resentative En ineer or other a FJCDC C-'lO Performance Bond Prepared by lhe Engineers Jolol Contract Documents C.ommiUee. Page 3 of 3 PAYMENT BOND - Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. - CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): - OWNER (Name and Address): - CONTRACT - Effective Date of Agreement: Amount: Description (Name and Location): - - BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: - - Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACfOR AS PRINCIPAL SURETY - (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal - By: By: Signature Signature (Attach Power of Attorney) - Print Name Print Name - Title Title - Attest: Attest: Signature Signature - Title Title - Note: Provide execution by additional parties, such as joint venturers, if necessary. - - {MWOOIS04;1} EJCDC C.615(A) Payment Bond Prepared by tbe Engineers Joint Contract Documents Committee. Page 1 of3 March 2008 - 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Oaimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the' claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. Reserved. 7. Surety's total Obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Oaimants under this Bond. fMWOO1504;I} F.JCDC C-615(A) Payment Bond f~ by lbe Engineers Joint Contract D<<nments CommJlke. Page 2 of 3 March 2008 - - .... .... - - - .... - - .... - .... .... .... .... - "" - - 10. Surety hereby waives notice of any change, including changes of time~ to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the 'Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to ~e a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. - - - - - - - - - - - - FOR INFORMATION ONLY - (Name, Address, and Telephone) Surety Agency or Broker: - Owner's Re resentative En ineer or other: - - - {MW001504;l) ElCDC C.615(A} Payment Bood Prepared by the Engineers Joint Contract Documents Committee.. Page 3 of 3 March 2008 - - - IThjs document has important legal consequences; consultation with a~~tt-om~Yi~~;l-J-co\lraged~~ith respect t';-its~se~~;l 1_ ~~~~~;~~;'~":h,,-doc:"n~'h:,jd be ,d'pted !o ili, p",'wl" =':~n"':=Of '~ wn"mp~t'd rw;,," '''d"'~1 - - - ST ANDARD GENEHAL CONDITIONS OF 1~HE C()NSTRlJCTION CONTRAC:T - - Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE - and Issued and Published Jointly By - - -- ---~-- .ACEC III National Society of Professional Engineers Professional Engineers in Private Practice _ IISl'r American Society ~ "Iii of Civil Eng;neers AMI JlH A}l C 'll!t:( 1l Of E~JCll>lHHn!r; CO.\II'ANJl~ - PROFESSIONAL ENGINEERS IN PRIV ATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS - AMER1CAN COUNCIL OF ENGINEERING COMPANIES - AMERICAN SOCIETY OF CIVIL ENGINEERS - This document has been approved and endorsed by - €I ~ - The Associated General Contractors of America - ~ Knowledge for Creating ~ and Sustaining the Buitl Environment - Construction Specifications Institute - FJCnC (.~ 700 Stand?rd General Condition~ of t!H {'r~n~\rHction i '(lr:\r3fl t'P\'~'i;-~h: ,{"L!on: ',; :l~nll:il ~-,udt.!v \~( Frnft'...,~i{Jr;;d EflflifiC' r ](. FJlD( ri~;h'.S ["E' ,;'r-I'~' (liPll:) _ - .. .. - - - .. - Copyright (92002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 .. American Council of Engineering Companies 1015 ]5th Street, N.W., Washington, DC 20005 .. American Society of Civil Engineers ] 801 Alexander Bell Drive, Reston, VA 20191-4400 - - - - .. Thne General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Co";t;actor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a chan<.;e in tbe other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-OOl) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. (-800) (2002 Edition). .. .... - E.Jcnc C-70G Standard Generd Conditio/is of the Construction Contract. (:op~TiQhi -:'001 ~~anon:.d Society of Professional Enr:il' (JY'i f;)r EJ(.D(~ All righ1s rrs(Tved (IU'}On. :' - .... - TABLE OF CONTENTS - E<Jg~ - - ARTICLE 1 - DEFINlTIONS AND TERMINOLOGY.. ] .0] Defined Terms. 1.02 Tenninology.. ARTICLE 2 - PREUi'vlINARY MATTERS 20 I DelivelY of Bonds (lnd EVidence (JIlnsumner .. . 202 Copies of Documents ............. 2.03 Commencement of Contract Times, Notice to Proceed.. 204 Starting the Work.......... 2.05 Before Starting Construction ...... ........ 2.06 Preconstrllction Conference. 2.07 Initial Acceptance of Schedules... .......... .. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE..... 3.0] Intent............................... ............... ............ 3.02 Reference Standards .............. ............. .................... 3.03 Reporting and Resolving Discrepancies.................................................. 3.04 Amending and Supplementing Contract Documents ........ .. ............... 3.05 Reuse of Documents... ............................. ................... ................. 3.06 Electronic Data............... ............... ..... ......... .... ........ .............. ........................................ ...... ...... ...... .... ARTICLE 4 - A V AILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDlTIONS: HAZARDOUS ENVIRONl'v1ENTAL CONDITIONS; REFERJ~NCE POINTS.. 4.0 I Availability of Lands..... ............ 4.02 Subsurface and Phvsiral Conditions . ....... .... 4.03 Differing 5,'ubsurfaee or Physical Conditions... . . ...... 4.04 Underground Facilities.. .. .................. 4.05 Reference Points.. .......... 4.06 Hazardous Environmental Condition at Site...... ............ ARTICLE 5 - BONDS AND INSURANCE ............................................................ 5.01 Perrormance, Payment, and Other Bonds 5.02 Licensed Sureties and Insurers...................................................... ................. ..... ......... 5.03 Certificates of Insurance....... .. ...... ..... ............ .......... .... ........................... ................ 5.04 Contractor's Liability Insurance ........... .................................................... 5.05 Owner's Liability Insurance .................................................................................. 5.06 Property Insurance........... ..................... ............. ..... ............... ........... ......... ........... 5.07 Waiver of Rights. ........... ................................... .......... ............. .................................... 5.08 Receipt and Application of Insurance Proceeds ..................................................................... 5.09 Acceptance of Bonds and Insurance; Option to Replace.................................. ................... 5.10 Partial Utilization, Acknowledgment of Property Insurer........................ ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES.................................... 6.01 Supervision and Superintendence................. ....................................... ........ ..... 6.02 Labor; Working Hours ............ .... ................ ....... ........................................ ............. 6.03 Services, A1aterials, and Equipment ............ .......................................... ........................ ............... 6.04 Progress Schedule ....................................................................................... ............. 6.05 Substitutes and "Or-Equals "......... .... .......................... ......... ..................... .......... 6.06 Concerning Subcontractors, Suppliers, and Others........... .... ..... . . 6.07 Patent Fees and Royalties. .......... .............. 6.08 Permits................... 6.09 Laws and Regulations...... 6.10 Taxes..... ........................ 6.1] Use of Site (md Other Areas 6.]2 Record Documents... . 6. ] 3 Safety and ProtectlOll . . 6.];) Rcprcsentali\'t'. 6 j:, f-Jozord ('Ollllll1/llica!7011 Programs G 6 8 - . .... f) - '" <) ...9 .. .........9 ... . . ..... .. f) ..9 ..... 9 - ......9 .......... 10 ]0 ............ .............10 ................ .10 .. .. ] I I] ........ ] ] - - - ] ] ] ] . ]2 ..1:' .11 - ...13 ....n ..14 ...... ]4 ..15 IS ...15 ... ]6 ... ]6 .................17 ................. ....17 .............17 .] 8 . . ] 8 ]8 ....18 ... .18 ... ]8 . ]9 ...20 ..21 ... 21 ..2] .22 L? - - - - - - )) 7.2 - E./ CDC c- :00 ~;t3 n <l3,.,j Genera J Conditions of the Construction Ce.nlr:Jc I ('ilpq--j~ht ~'On2 '\!;CtiOl:-:t ,'~\lc.ict,\' flf PnJh:.<:,-:jen:d Enp.:~ilcer~ ((if FJCnC .-!: ri~~ht(; j',-\C'! :"i(i',:(jl'.. ,r - 6.16 Emergencies.............. .........".. ......"... ..........". ........." 23 6.17 Shop Di'cwings and Samples.. . "...... . . . ........ ...... 23 6.1 g COJ;tiiW;jjg the Wor!c. . . ". . .... 2", 6.] 9 Contractor's General Warranty and Guaral1lee . "....... .... ...... 24 6.20 Indemnification......."........................ ........."... ..... 24 6.21 Delegation of Professional Design Sen'iccs .... .... .." 25 ARTICLE 7 - OTHER WORK AT THE SITE.. .. ...... .".. ...... " .25 7.01 Related Work at Site. . . ... .... '.. ....."..."... "..25 7.02 Coordination.......". '" ... ...."........."...".....26 7.03 Legal Relationships.. ...."...... .."....26 ARTICLE 8 - OWNER'S RESPONSIBILITIES.. .... ...."". .... ................. 26 8.0') Communications to COl1lraCior. .. . . . ...... ......"""........... 26 8.02 Replacement of Engineer . . . . "".. """ 26 803 FU/'llish Data.. ".......26 11.04 Pay When Due.........." .......... .." ..... ......".." ........ ..."".26 8.05 Lands and Easements, RepO/fS and [estL.. ."... ... . ... . ...." ....... ...... ..... ....."".................." 26 8.06 Insurance...... ". .... ... ... ..........."..........26 807 Change Orders ...... 26 8.08 inspections, Tests, and Approvals......... ".... ..". "................ "."".... 26 8.09 Limitations 011 Ovmer's Responsibilities .... ......""...... .............. ................"........... 27 8.10 Undisclosed Hazardous Environmental Condition.... .................. ........" ."........".....".............. 27 81) Evidence of Financial Arrangements .."................... .........."... "........."....""......27 ARTICLE 9 - ENGfNEER'S STATUS DURING CONSTRUCTION ........ .... .............. ..........................27 9.01 Owner's Representative ...... ............."............ ". ""'" "..... ....." ............". ... ............."..".......... 27 9.02 Visits to Site ....................................".".................... ......... '" ."........ .... ...........................27 9.03 Project Representative.................................. .................. "............... ...................""............................27 9.04 Authorized Variations ill Work ....".. .".......... .............. .. ..... 27 9.05 Rejecting Defective Work.. ......."..........." . . ....."....."......"." 27 9.06 Shop Drawings, Change Orders and Payments .. ........ ."..................... '" 28 9.07 Detenninationsfor Unit Price Work ....." ..... ........... ".28 9.08 Decisions on Requirements of Contract Doc/.IJnellts and Acceptability of Work. . ......... . .....28 9.09 Limitations on Engineer's Authority and ResponsibilIties. .... ...... ...... 28 ARTICLE )0 - CHANGES IN THE WORK; CLAIMS ... .... .... .... ........ .. .. ...".." ........ ........ 28 ] 0.01 Authorized Changes in the Work ...... .. . ...............................28 10.02 Unauthorized Changes in the Work... . .... .............. ....................... ............................29 10.03 Execution o.{Change Orders .......... ... ....................................... ..........................29 10.04 Notification to Surety............. ........ ............................ ................................. 29 10.05 Claims ....... ............. ..... ... ........ ... ...... ... .... ... ...... . ...... ....... .. .... ... ...... ..... ...... ................ ..... ... ........... .................... ......29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK........................................................ 30 11.01 Cost of the Work ............................................................................................................................................... 30 11.02 Allowances........ ....... .. ................ ............ ................ ..................... ..... .......... .............. ....... ..... 31 11.03 Unit Price Work ... ..... .......... ........ ........ ........... ......... ..... ................... .... .. ........ ............... ....31 ARTICLE 12 - CHANGE OF CONTRA.CT PRICE; CHANGE OF CONTRACT TIMES................................................... 32 12.01 Change of Contract Price ....... ................. ............ ................................... ....... ................ ........................... 32 12.02 Change o{Contract Times ...................................... . ................ .................. .............................................33 12.03 Delays .............................................. .......................................... ..............................33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTJON, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ...... 33 13.01 Notice of Defects................. ......... ...... ................ ............. ............... ........................ ...................... 33 13.02 Access to Work. ................. .................. .................. ....... ....................... .......... ...... ........................ 33 13.03 Tests and Inspections ................ ......... ......................... '" ............ ....................... .... .............. ........ ........... .... 33 13.04 Uncovering Work............................ .............................................................. 34 13.05 Owner lvfay Stop the Work...................... . ........................... .............. ....... 34 13.cJ6 Correction or Removal of Defective Work.... ............. . . .................... 34 13.07 Correction Period.... ... . ...... .. ............ .... . ....34 13.08 Acceptance of Defective Work ................... ............... .................... ............... ............... .............35 13.09 Owner May Correct Defective Work... ................................. 35 ARTICLE ]4 - PAYMENTS TO CONTRj,\CTOR AND (O]'vlPLETION .36 ] 4.01 Schedule of Values.......... .... .. .... ... ... 36 1402 Progress Payments ~f, 14.03 ('071[,.(>:'lor's IVort'ol1fy o.fY'it!e :;.~; 14.04 SubSIW/!iill Compleliou -; I EJCDC C~-700 ~';t~nd~rd (;rner;:d CondHioris of the' COHsirucnon Cnn~r2ct \_-'rjpy;i:_~hl 1(Y~2 ;';::J.JrIDi-d Sc'ci-:>\\' i,d f-': ;d\?\jr;:!011:d r"1u.inctrs for EJCnC \11 rirhts rc,~:f:nr:d (lOJIJO - - .. .. .. .. .. .. 'Ill' .. 'Ill, .,.. .. 'Ill' .. .., - - _I .. - 14,05 Partial Utilization".,,,.,.,,,,,. "..""...., 14.06 Final Inspection "......""..,."..",,'.. ]4.07 Final Payment."......" " ,,,,,,.....,,.. 14.08 Final Completion Delayed... "...".............."..""... 14,09 Waiver of Claims ...."...""""" .."."....."..... ""....",.. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ,..". 15.0 I Owner May Suspend Work ." ",..,,,,,., ] 5.02 Chvner May Terminatefor Cause '......., 15,03 OHmer May Terminate For Convenience '..,.....,,,,,,,,.. 15,04 Contractor May Stop Work or Terminate "'''''''''''''' ARTICLE 16 - DISPUTE RESOLUTION.. 16,01 lv!ethods and Procedures,."" ."""" ,,,,.,,,,,,, ARTICLE 17 - MISCELLANEOUS """...,,,,,.., 17,01 Giving Notice, '""..........""........' ".. 1702 Computation of Times " ...,,,,,,,,..,...... ]703 Cumulative Remedies .."",..,..'......, 17,04 Survival of Obligations "', ,..,..,.. ..",.",,, ...."...", 17.05 Controlling Law, ... '..." .""............""..... J7 06 l! eadi ngs . " . ' . .. . , . . , , , . . .. .. . .. . . .. . .. .. .. .... . .. . .. . .. .... .. .. . , .. . " " .... . .. .. , .. " ... .. . , .. .. . , ,,38 38 . 38 ..39 " "'. . ,,'....,... , .. ...... ....39 ,,,,,39 "'.'... " '. .39 "...."...,....".." ,...,,""......... 39 , ,.."... ,. . 40 .. . . ,...... '.." , ..",. ".. ....40 ",.,..,...... ,.. """" . .....,.,..... ... 41 ,4J 41 ".. "',.. ,41 . . 41 ... . 41 ,41 41 .....41 - - - - ... - - - - - - - - - - - - F:'JCU( C.700 St3nrj:;'-ri CerH'r;-;! Conditions :)f 1he Con~;trlJct~oil Contri1(f <l\Tiqhl ~!un:: t\.l;;!inf1"j~, .'iet:t' Df Pr-rdt's:i(}nilf Ef!~in '~I\; f('r E.T(-T~( Jl righ', {lei'ion - 5 - GENERAL CONDITIONS ARTICLE I - DEFINITIONS AND TERMINOLOGY J 0 I Defined Tenns A. Wherever used ill the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to temlS specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or fonTIs. I. Addenda-- Written or graphic instmments issued prior to the opening of Bids which clarifY, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreementu The written illstmment which is evidence of the agreement between Owner and Contractor covering the Wark. 3. Application}rJr Pavmcnt--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by sllch supporting documentation as is required by the Contract Documents. 4. AsbestosuAny material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder-- The individual or entity who submits a Bid directly to Owner. 7. Bidding Eequirements and the (mcluding all Addenda). Documents--The Bidding proposed Contract Documents 8. Bidding Requirements-- The Advertisement or iuv'itation to Bid. Instructions to Bidders. bid security of "leeptable fonn, if any, and the Bid Form with any supplements. 9. Change Order--A document recommended by ~_';lglIleer which lS signed by Contractor and Owner and Ithorizes an addition, deletion. or revision in the \Vork ;m adjustment in the Contract Pncc qt the ('c'ntrAct Times, issued on m 3fter lhe. 17ffective Dilte of the 1\ greem ,,'1', .. 10. Claim--A. demand ell ilssertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or b0th, ()f other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim .. - I I Contracl-- The entire and integrntcd written agreement between the Owner nnd ('ontrilctof conceming the Work The Contract supersedes prior negotiiltion;: representations, or agreements, whether written or oral. - ] 2 Contract Documenls-- Those items so designated in the Agreement Only printed or hard copies of the items listed in the Agreement ilre Contract Documents. Approved Shop Drawings, other Contractor's submittals, and tbe reports and drawings of suhsurface and physical conditions are not C\mtract Documents. - ... ] 3. Contract Price--The moneys pilYilhle by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work) - .. ]4. Contract TimesnThe numher of days or the dntes stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Suhstantial Completion; and (iii) com- plete the \Vork so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. .. .. 15. Contractor--The individual or entity with whom Owner has entered into the Agreement - ]6. Cas/of the Work--See Paragraph] LOLA for definition. - 17. DrawingsuThat part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawillgs and other Contractor suhmittals are not Drawings as so defmed. - - 18. Effective Date of the Agreement-The dnte indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. - .. ] 9 Engineer-- The individual or entity nill11ed as sllch in the Agreement ':>J Field Order--A wJlttcn FlIgineer \'.hleh requlres minm - mder Issued ;!l the \V ('rk hm FJCDC C-'ror! Sl:1nrbrd C~fner;:d Condition,.; urihe Cnnqruct!on Cnj,ji'~:l'; Cq~')\) i::!d \?'\ ;J(W} 1',1:: ;,-}!",~.r S.:1ciH:: HI PI.qfessionrd FT~'"2ine('r~ fw" [7 T(~n(' n i:::)~: rCSr;n 00700 .. .. which does not involve a change in the Contract Price or - the Contract Times 21. General Requirements--Sections of Division _ I of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. . Hazardous Enviro/1mental Condition--lhe - presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial - danger to persons or property exposed thereto in connection with the Work. - 23. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section] 004 of the Solid Waste Disposal Act (42 use Section 6903) as amended from time to time. - 24. Laws and Regulations; Laws or Regulations- -Any and all applicable laws, rules, regulations, ordinanc- _ es, codes, and orders of any and all govemmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens--Charges, security interests, or - encumbrances upon Project funds, real property, or personal property. - 26. MilestonenA principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the W orL - 27 Notice of AwarduThe written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions - precedent listed therein, Owner will sign and deliver the Agreement. _ 28. Notice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the - Contract Documents. 29. OwneruThe individual or entity with whom _ Contractor has entered into the Agreement and for whom the Work is to be perfomled. - 30. PCBsuPolychlorinated biphenyls. 31 Petroleulll--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions _ of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, 011 sludge, oil refuse, gasoline, kerosene. and oi1 mixed with other IDn-Hazardom: Waste - and cmde oils - 32. Progress Schedule--/\ schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities compflsing the Contractor's plan to accomplish the Wark within the Contract Times. 33. Project--The total constmction of which the Work to be perfomled under the Contract Documents may be the whole, or a part. 34. Project Manual-- The bound documentary information prepared for bidding and constructing the Work. A iisting of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material--Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representativen The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such p0l1ion of the Work will be judged. 39. Schedule ofSubmittals--A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values--A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various pOltions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings--AII drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site--Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use 0 f Contractor. 43. Documents materials. Spec~ficatiol1s--That part of the Contract consistmg of \vritten requirements fur equiprn~nt, systems, st;md;Jrds ami FJC[)(~ C-700 S!andud CtJleral Conditions of the Conctrllction Con(rul. ("):r,,'d~hl 2HOl >~:Jriowl! (~\)(:i{\ \ ,i ProfEssion3J f;ngineers fOi- EJCD( .'\ n right~ rf~s('r\'('6 OO/DO.; - workmanship 3S applied to administrative requirements applicable thereto. tbe Work, and certain and procedural matters 44. Suhcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the perfonnance of a par1 of the Work at the Site. 45. Substantial Completioll--The time at which the Work (or a specified part thereof) has progressed to the poirit where, in the opinion of Engineer, the Work (or a specIfied part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The teans "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award. 47. SupplementalY Conditions--Tbat part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier--A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incolporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities--AII underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those tbat convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work-- Work to be paid for on the basis of unit prices. 51. Work--The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change DirectiveuA written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended b> Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or phy.sical conditions under which the 'Vor).; IS to be performed or to emergencies. A Work Change Directive vvil! not change the Contract Price or the Contract Times but is evidence that tbe p,uiies expect that the change ordered or documented by a Work Change Directive will be mcorporated in a subsequently issued Change Order fed lowing negotiations by me parties as to its effect, if ;:lIlY. on the Contract Price or Contract Times ... ... I 02 Terminology - A. The following words or tClillS are not defilled bllt, when used in the Bidding Requirements or Contract Documents, have the following meaning. - B. lntent of Certain Terms or Adjectives .. ] The Contract Documents include the terms "as allowed,'. "as approved," "as ordered", "as directed" or terms of like effect or import to authorjze an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or detennination of Engmeer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and IIlfomlation in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). Tbe use of any such term or adjective is 110t intended to and shall not be effective to assign to Engineer any duty or authority to supervise or duect the pcrfonnance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 909 or any other provision of the Contract Documents. - - - - - ... C. Da.v - I. The word "day" means a calendar day of 24 hours measured from midnight to tbe next midnight. D Defective ... ]. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it ... 3. does not conform to the Contract Documents, or - b. docs not meet the reqUlrements of any applicable inspection, reference standard, test, or approval refen-ed to in the Contract Documents, or - c. hw; been d<1lJ1Zlged pnur Tf) Enginec:r's - Tecr1mmenclat!CJJJ (lC f1n,1) payment (unlc~" rVl'(\n~'Jbl)jty fm the Lhcreof h;]s hi.Tn - EJCnC C-7QO SLlfld::no Gtne~,1! Conditions t, the ('on~:rnJf!lfln Contni\1 {-'npvrh:ht :'<:' 7002 N~:ti(1;:~J ;:~n(icty of Pn:ft'~slon;:I FliE! ;CtT~; fer F,)('nc "~n tighf'; '_'n"d (Hi/on _.(; - .. - assumed by Owner at Substantial Completion iJl accordance with Paragraph 14.04 or 14.05). E. Furnish, II/stall, Pelform, Provide - - I. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. - 2 The word "install," \",hen used in connection with services, materials, or equipment, shall mean to put mto use or place in final position said services, materials, or equipment complete and ready for intended use. - - 3. The words "perform" or "provide," when used ill connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. - 4. When "furnish," "install," "perform," or "pro- vide" is not used in cormection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. - - F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are lIsed in the Contract Documents in accordance with such recognized meaning. - ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivel)i of Bonds and Evidence of Insurance - - A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. - B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. - - 2.02 Copies of Documents - A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual Additional copies will be furnished upon request al the cost of reproduction - 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event wjJl the Contract Times com- mence to nm later than the six tieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work sha.lI be done at the Site prior to the date on which the Contract Times commence to mn. 2.05 Before Starting Construction A. Preliminmy Schedules. Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: I. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2 a preliminary Schedu Ie of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruct ion Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.1\, procedures for handling Shop Drawings and other submittals, processing Applications for Payment. and maintaining required records. 207 Initial Acceptance of Schedules A. At least] 0 days before submission of the fint Application for Payment a conference attended 10y ContTactor, Engineer, and others 'is appropnate will be held to review for acceptabllity to EngmcCi lS pruvidcl - KJCDC C-7f10 St,;ndud Gc.nen<l CondHi()ns of the COilstnlction Con/rHet t_op:vright Y-' 2002 .!'<.;aUon.1l Society of Prckssfunal Engin('cr~ for E.JCD( Ail rights n'~el-y{d n071iO -'.! - below the schedules submitted in accordance with Paragraph 2.05 A. Contractor shall have an additional 10 days to make corrections aDd adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. I. The Progress Schedule will be acceptable to Engineer jf it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING. REUSE ].0] 1111ellt A. The Contract Documents are complementary; what is required by one is as binding as if required by alL B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constmcted in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regu la lions I. Reference to standards, specifications, manuals, or codes of any teclmical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by irnplication, shall mean the stanclind, spccification, manual, code, or Laws or Regula- lions 1I1 effect at the time of opening l,f Bids (or on the Fffectlvc Lhtc of tbe Agreement lf there 'were no Bids), except as may be otherwise specifically stated 1I1 the Contract Documents. - 2. No prOVISIon of any such standard, specification, manual or code, or any instmction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instmctiol1 shall be effective to assign to Owner, or Engineer, or any of, tJleir Related Entities, any duty or authority to supervise or direct the perfonnance of the Work or any duty or autJlOrity to undertake respon- sibility inconsistent with the provisions of the Contract Documents. - _. - - 3.03 Reporting and Resolving lJiscrepancles A. Reporting Discrepancies - J. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check amI verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discreparlcy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. - - - 2. Contractor's Review of Contract Documents During Performance of Work: If, during tbe performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.] 6.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. - - - - 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. - - B. Resolving Discrepancies - ] . Except as may be othenvise specificfllly stated III the Contract Documents, the provisjc1IJs of the Contract Documents shali take precedence in resolving an\' conflict cnor, ambigUity. or (hsCfcprmcv bct\\een the previsions of the ContI?, I Dc'cumcrw.; "nd - EJCDC (--;(1(1 ~:!;~nd2rd Gu\t'rr.l! Conditions ofthf C(IJ;c:l.ru(Oon;" t-'rdY~1'_-1 (':If'\d::l~t :?'(l02 '-<.-.;j,-\r; ,j S~'ciet,\' Ilf Prnfcsslon8:f Fn;.dn[(',-(: ft,- F frfh' l! '::.1~1: n070n - 1 (! - - - a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or - - b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). - 304 Amending Documents Contract and S'Zlppl emel1ling - A The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. - - B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: I. A Field Order; - - 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written clarification interpretation or - 3.05 Reuse of Documents - A Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: - - I. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or - 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. - - B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. - - 306 Electronic Dala A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are Iinlited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, .or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtClined or derived from such electronic files will be at tbe user's sole risk. If there. is a discrepancy behvecn the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media fonnat can deteriorate or be modified inadvertently or otherwise without authorization of tbe data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transfemng documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 A V AILABILlTY SUBSURFACE AND PHYSICAL HAZARDOUS ENVIRONMENTAL REFERENCE POINTS OF LANDS; CONDITIONS; CONDITIONS; --~--_.~-------_._-~--"---._- 4.0 I Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. I f Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragr3ph 10.05. B. Upon reasonable written request, Owner shaU furnish Contractor with a current statement of record legal title and legal description of the lands upon wruch the \Vork is to be performed and Owner's interest therem as necessary for giving notIce of or ftlLng amechanic's or construction lien against such lands in c\ccordancc with applicable Laws and Regul3tioIJS E reDC C-700 Standard Genu;d Conditions of the C()n~[rtlc1i()n Contr~c!. f--'npyri9.~n 2002 h12tion::d S:")d\~,t,'r' of Prnfu:slnrlal Enj:iJ:<?crs ff1r EJ('f}r ,~!l righ~'~-, iC:':f-!"'CI~. ilC!7f1il -! ] - C. Contractor 5110]] provide for all additional lands and access thereto that may be required for temporary construction Llclllties or stolilge of mateilais and equipment 4.02 Slibswface and Physical Conditions A. Reports and Dnl\1'ings The Supplementary Conditions identify I. those reports Df explorations and tests of subsurface conditions at or contiguous to the Site that Engineer ha,~ llsed in preparing the Contract Documents; and 2. those drawings of physica I conditions ITl or relating to ex isting surface or subsurface stmctures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the genera! accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Cuntractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: ] the completeness of sllch rcpons and drawings for Contractor's purposes, mcluding, hut not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opmlOns, and infonnation contained in sllch reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information 4.03 Differing Subsurface or Physical Conditions A. Notice: lfContractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: J. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is ofsucb a nature as to require a change in the Contract Documents: or 3 differs materiillh: from that shown or mdic;ited in The Confract rJoclIment~. III 4. is of an unusual nature, and differs materia]] y from conditions ordinarily encountered and generall:y recognized as inherent in work of the character provided for in the Contract Documents; .. - then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph () ] 6.A), notify Owner and Engineer in writing ;Ibout such condition Contractor shall not furtber disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to du so. .. - - H. Engineer's Review: After receipt of written notice 3S required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. .. - C. Possible Price and Times Adjustments .. I The Contract Price ur the Contract Times, or hoth, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an IIlcrease or decrease in Contractor's cost of, Dr time required for, perfonnance of the Work; subject, however, to the following: .. .. a. such condition must meet anyone or more of the categories described in Paragraph 4.03.A, and - b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. - 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: .. a, Contractor knew of tbe existence of such conditions at the time Contractor made a fInal commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or .. .. b the existence of sllch condition could reasonably bave been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract DoclIments io be conducted by or fnr Contractnr pnor to Contractor's 1I1'1k ing sue h final cnmmJtmcnt: 0! ... ... E.fcnc -inn St311d3rd ~"~f~l1pr,-:!1 Conditions of the C'nn~;trll(t!On CnIP~':~rt eriC'-; f,!!:t ~"'2()02 \.l;d?onrd Snrkf\':lf PrnfessioraJ Fnr2:;nerr-; f'-)~ F.!(~nC, \\1 y;~:h(" ilO:!10 1 ') ... .. - C. Contractor fajled to give the written notice as required by Paragraph 4.03./\.. 3. If Owner and Contractor are unable to agree _ on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any - of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, - attorneys, and other professJOnals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. - 404 Underground Facilities - A. Shown or Indicated: "Ibe infonnation and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on infonnation and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: - - - 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data: and - 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responSIbility for: - a. revlewmg and checking all such information and elata, - b. locating all Underground Facilities shown or indicated in the Contract Documents, - C. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and - d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated - - I [f an Underground Facility is uncovered or revealed a1 or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further dIsturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as reqUIred by Paragraph 6. 16A), Identify the mvner of such \Jnderground Facility and gIve written notice to that - - owner and to Owner and Engineer Engineer \'1ill promptly review the Underground FacilIty and determine the extent, if any, (0 which 2 change is required in th~ Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety ilnd protection of such Underground Facility. 2 If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the ex tent that they are attributable to the existence or location of any Underground Facility 111<1t was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. ]f Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judh'ITlent are necessary to enahle Contractor to proceed with the Work. Contractor shall be responslble for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor sball report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardmls Environmental Condition at Site A. Reports and DnII1Jings. Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at tbe Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Rellance by Contractor on Technical Dala Authon'zed. Contrilctor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical uata' is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may n(lt reiy upon ()f E.ICDC C-700 Standard General Conditions of the Cnnstrllcl;Ofl C'J!ltcon , p\r ~}!h~ ~:OO.2 j\8ti8U:d Sodd~' of Profession.li Engincun' fr\f r~:.fCT!( \ \l rh2ht:~ r,';:r!;' arl70n 13 - make any claim against Owner or Engineer, or Jny of their Related Entities with respect to: I. the completeness of such reports and drawings for Contractor's purposes, including, hut not limited to, any aspects of tbe means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.; or 2. other data, interpretatil1ns, infonnation contained in such reports mdicated m such drawings: or opmions and or shown or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, Ul1eIJ1retations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous EnvirolUJ1ental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor IS responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (1) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6. l6.A); and (iii) notify Owner and Engineer (and promptly thereafter confinn such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for O'wner to retain a qualified expert to evaluate such condition or take corrective action, if any_ E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required penn its related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely_ If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. f If after receipt c,f such written notice Contractor does not agree to resume slIch \Vork based on a rcus(lnabJe belief Il is 1m.safr:, Pf does n(lt agree tCl resume such \Vork under slIch special conditions, then Owner may order the portion of the \Vork that is in the area affe;cted by such condition to be deleted from the \Vork. If Owner and Contractor caTlnot agree as to entitlement to or on the amount or ex tent, if any. of an adjustment in Contract Price or Contract Times as a resuit of deleting slIch portion of the Work, then either party may make a Claim therefor as provided in Paragraph ] 0.05. Owner may have sllch deleted pOJ1ion of the Work perfonlled by Owner's own forces 01 others in accordance with Article 7. - - - - Ci. To the flillcst extent permitted by Laws and kegulations, Owner shall indemnif)1 and hold harmless Contractor, Subcontractors, und Fngineer, and the CJ nicers, directors. partners, employees, agents, consultants, and subcontractors of each ilnd any of them Ii-OlD and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Docnments to be included within the scope of the \\lurk, and (ii) was not created by Contractor or by aIlyone for whom Contractor is responsible. Nothing in this Paragraph 406. G shall obligate Owner to indemnify any individual or entity from and ilgaillst the conse- quences of that individual's or entity's own negligence - - - - - H. To the fullest extent pemJilted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not lirnited to alI fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indefTUlify any individual or entity from and against the consequences of that individual's or entity's own negligence. - - - - - 1. 'I11e provisions of Paragraphs 402, 403, and 4.04 do not apply to a Hazardous Environmental Condition uTlco"\'ered or revealed at the Site. - ARTICLE 5 - BONDS AND INSURANCE - 5.01 Per(onnance. Payment. and O!hpr Bonds - A ('ontractC'[ shall furnis1, pil'.Tllent bonds, l':leh in nIl ~m1Ount ;.1 1'<:1 fr1fTnilnc.." q l'll)c) ;~rJd rhi: If,lCUC c-70n~:lc;IHhrd C;CnC1fJ Conditiono; (If ihc. ('nrE<iTllUhn Cordrac, opyrigh' :"i-", ~!(Hi2 1 ,(~:H.'ij~tv P"-r-(i?~~-ional Fn(!i"(-',..r~ r~tr- LU Tt( "",il ri~li!'~ i,:w71)0 -j'f - - - Contract Price as security for the faithful perfoIDlance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the cOITection period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also nlfnish such other bonds as are required by the Contract Documents. - - - B. All bonds shall be III the fonn prescribed by the Contract Documents except as provided otherwise by 1.aws or Regulations, and shall be executed by such sureties as are named in the cUITent list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. - - .. - C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.R, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Pinagraphs 5.01 Band 5.02. - - 502 LIcensed Sureties and insurers - A All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. .. - 5.03 Certificates of insurance - - A. Contractor shall deliver to Owner, with copies to eacb addition;)l insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is requircd to purchase and maintain - - B. Owner shall deliver to Contractor, with copies to each additional insured identi fled in the Supplementary Conditions, certIfIcates of insurance (and other evidence of insurance requested by Contractor or any other addllional insured I which Owner is required to purchase :md maintaJIl - 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under tbe Contract Documents, whether it is to be performed by Contractor, any 'Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perfonn any of the Work, or by anyone for whose acts any of them may be liable: I. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily mJury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which arc sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destmction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall; 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, cODSultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for a II claims covered thereby: EJCDC C-70fl Si3lld"rd General Conditions of the Construction Contrart. - r;f'\ r-j[!h! ~n01 ;.J~:!1;nIi21 SOCI(:\'Y III Professional Engineers for EJCDC ~!l riehlY t-r'~('f;;ed. (J070fl -15 - 2. include at least the specific coverages and be written for not less than the limits of liability provided in tlle Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operatiolls insurance; 4. include contractu31 covering Contractor's i.ndemnity Paragraphs 611 and 6.20; li3bility insurance obligations under 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contrilctor and to each other additional insured identified in the Supplementary Conditions to whom a certi ficate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective \Vork in accordance with Paragraph 13.07; and 7. with respect to completed operations Insur- ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after final payment. a' Contractor sha 11 furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purcbase and maintain at Owner's expense Owner's own liability insurance as will protect O\Nner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. IJJclude the interests of Owner. Contractor. Subcontractor:;, and EngmccL and any olller Indiv1duals or entities identified in the Supplementary Conditions, ?J1d the officers, directors, partners, employees, agents, consultants and ~'ubcontract()r.'; of u;ch and any of tlF;n\ each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured: - .. 2. be written 011 a Builder's Risk "?Il-risk' or open peril or special causes of Joss policy form tbat shall at least include insurance for physlcal Joss or damage to the Work, temporary buildings, false work, and materials and equipment.in transit, and shall insure against at least the foilowing peri is or causes of loss: fire, lightning, extended coverage, theft, vandRlism and malicious mischief, earthquake, collapse, debris removal. demolition occaSlOIled by enforcement of Laws and Regulations, w3ter damage, (other than caused by flood) and such other perils or causes of Joss as may be specifi- cally required by the Supplementary Conditions; - .. - 3. include expenses ulcUlTed in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); .. .. 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; .. Owner; 5. allow for partial uliliza1ion of the Work by .. 6. include testing and startup; and .. 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each 01her additional insured to whom a certificate of insurance has been issued. - B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. .. - - .. C All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement tllat the coveT3ge afforded will not be canceled or materially changed or renewal refused until at least 30 days pnor WTltten nc,tice ilas been given to Owner and Contractor and to each o:h", addltirmal insured to whom il eel tJ!)e,ll,~ of 1!iSmanCC !lei: .. - Elene ("-iOO St~nd2rd Cellual COl1ditiollS ofthf Construction ("""trorr. ('(\r-,:\ri~~ht 2UO~:. t<rcti,C)(1:l1 SociEty ofPruf(ssiolla! Engineer~ rOT' EJCDC !\Jj r;f?hts r(,~c;---'''i:-j ':070n 1,; .. .. been issued and will contain 'waiver provisions in accor- - dance with Paragraph 5.07 D. Owner shall not be responsible for purchasiJ1g and maintaining any property insurance specified in this - Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are i.dentified in the SuppJe- - mentary Conditions. The risk of Joss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any 'of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. - - E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if _ possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. - 5.07 Waiver of Rights - A Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all - other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, _ agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain - provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds _ thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and - damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, _ in addition, waive al! such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to beIisted as insured or additional insured (and the officers, directors, - partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the _ above waivers shall ex tend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued - B Owner waives all rights agamst Contractor Subcontractors. and EngJJlct'r. and the officers. directOls. partners, employees, agents, consultants subcontractors of each ?~nd 8ny of them for: and 1. ioss due to business interruption, loss of lise, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Ov/ner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner dunng partial utilization pursuant to Paragraph 1405, after Substantial Completion pursuant to Paragraph 14.04, or after fmal payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner coverulg any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contalll provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Applicalion o(Jns1irance Proceeds A. Any msured loss under the policies of insurance required by Paragraph ') Oh will be udjusted with Owner and made payable to O\vner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Ordcr . B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers m accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. - FJCDC (-70(J Standard General Conditions of the Constrtl ction ConIT3Ct. (_-tIP\'li[~}!~, 1nO) ~':~'!')I1~;1 ~_~otiety of F!'Dfcssion~l Enr(n('~~r~ for EJC~DC "\.!! ri2h;-:,; rc<r '_"-'. OOiOG -1') - 5.09 Acceptnnce of Bonds and /nS1!i'Oiice: Option 10 Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance \vith Artie Ie 5 on the basis of non-confoffi1ance '',lith the Contract Documents, the objecting party shall so notify the other party in 'WTiting within 10 days after receipt of the cer1ificates (or other evidence requested) required by Paragraph 201.B. Owner' and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to an;, other right or remedy, the other party may elect to obtdin equivalent bonds or insurance to protect such other party's interests at the expense of the party who was req'Jired to provide such coverage, and a Change Order sha!1 be issued to adjust the Contract Price accordingly. 5.1 \ Partial Utilization, Acknowledgment of ProperlV Jn~i,:'er A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of ali the Work as provided in Paragraph 14' '5, no slIch use or occupancy shall commence before the :nsurers providing the property insurance pursuant to Par,:graph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated ther,by. The insurers providing the property insurance shal1 consent by endorsement on the policy or policies, but the property. insurance shall not be canceled or pen'litted to lapse on account of any such partial use or ocr :pancy. AhTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.0 I Supervision and Superintendence A. Contractor shall supervise, inspect, and direct tbe Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perfonn the Work in accordance with the Contract Documents. Contractor shall be solely responsible for tbe means, methods. teclmiques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence. or procedure of construction which is shown or indicated in ,md expressh required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner a.nd Engineer except under ex traordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on C on tractor. ... ... ... 6.02 Labor; Working Hours - A. Contractor shall provide competent, suitably qualified personnel to sllrvey and layout the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. - B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior \vritten notice to Engineer. ... ... ... 6.03 Services, Materials, and Equipment ... A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. ... - B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer. Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. - ... ... C All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instmctions of the applicable Supplier. except as otherwise may be provided in the Contract Documents. .. - GCq Progress Schedule A Contractor shall adhere to the F-ugres'i ,':chuluJe eSlnblished in accordance ".-ilh rara,2raph in: - .r-i..JfJ1C ('-ion ~;f;n\(htd CO\t'U~i Conditions Itf tile Const~-H(nOD CO!1tr:-H'f (-'",pyrj!!h( I(i :lOOl r-::~Ijnp~-! 'ir::~:"',: nf Fr:fc.;'lIOn:11 EnpJ'",,-. :~ fc; F!'("f1(_!~n rf;2ht< - 1\ ... .. - as it may be adjusted from time 1O time as provided below. - I. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. - - 2. Proposed adjustments in the Progress. Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. - 6.05 Substitutes and "Or-Equals" - A. \Vhenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution IS permitted. other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. - ... - ... I. "Or-Equal" fiems. If in EnguH::er's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.l, a proposed item of material or equipment will be considered functionally equal to an item so named if: ... - - a. in tbe exercise of reasonable judgment Engineer determines that: - - I) it is at least equal in construction, quality, durability, strength, and design characteristics; materials of appearance, - 2) it will reliably perform at least equally well the function and achieve tbe results ill1posed by the design concept of the completed Project as a functioning whole, - 3) it has a proven record of perfonnance and availability of responsiw service: and - b. Contractor certifies that. i r approved and incorporated into the \Vork: 1) there will be no increase m cost to the Owner or increase in Contract Times, and 2) it Will conform substantially to the detailed requirements of the item named JJl the Contract Documents 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.l, it will be considereu <l proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer wlll be as set forth in Paragraph 6.0S.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropnate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve tbe results called for by the general design, b) be sinli]ar in substance to thilt specified, and c) be suited to the same use 3S fhilt specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion em time: b) whether ur not use (1 f the :;ubstitute item )fl the \Vclr): -,yili rCOUl!C EJCDC C-7()() SLll(bni Genrrc,( Condilions of the C"nstrudi"n Contract. -f'p:",T1r;'.!;f ::pn7, ~~l:i';)r)n:-! ic:'l_y f}f p,-.,fr>'csloBal Enginf"C'r~ {nr r.fCf'( "<-;ll ri2hts r,':'~("'-'<c'(f (',(\'700 -1 c' a change in any of the Cono'act Docu- ments (or in the provisions of any other difcct contract \Vlth Owner for other work on the Project) to adapt the design to the proposed substitute item: and c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify a) all variations of the proposed substitute item from tbat specified, and b) available engineering, sales, maintenance, repair, and replacement servIces; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures.' If a specific means, method, teclmique, sequence, or procedure of constmctioll is cxpressly required by thc Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficicnt information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equaL" Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee. Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer.s C'os/ _Neimbursemcnt: Engineer will record Enginec)', costs ill ,evaluating a substitlltc proposed or submitted by Contractor pursuant to Paragraphs 6.05A2 and 6.05.8 Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the. Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of eilch proposed substitute. - .. - F. Contrac/or's Expense: Contractor sha 11 provide all data in support of any proposed substihJte or "or-equal" at Contractor's expense. - 6.06 Concerning Subcontractors, S'uppliers, and Others - A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor hilS n:ilsonilble objection. .. - - B. If the Supplementary Conditions require the ldentity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to rcjec t defective Work. - - "., .. - "., - C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and O:11issions. Nothing in the Contract Documents: ... .. ). sha]] create for the henefit of any Su(" S\'bcontractor, Supplier, or other inclIvid1l3! or entiti :]1'" EJCnC C-700 Standard GenoJJ Conditio", 'Jf the Cnnstruclion Cnntrut. t'npydght 'D 2002 rhdion2! Soder)' of ProfessionaJ Ellf~iIJcrrs for EJCDC Ail ril2!if5 rcsi:'r,'{'d. 007/10.:0 - .. contractual relationship between Owner or Engineer and - any such Subcontractor, Supplier or other individual or entity, nor _ 2. shall anytillng in the Contract Documents create any obligation on the part of Owner or Engineer to payor to see to the payment of any moneys due any such Subcontractor, Supplier, or other llldividual - or entity except as may otherwise be required by Laws and Regulations. - D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect - contract with Contractor. E. Contractor shall require all Subcontractors, - Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. - - F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delirleatirlg the Work to be performed by any specific trade. - G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifical!y binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engirleer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contairl provisions whereby the Subcontractor or Supplier waives all rights agairlst Owner, Contractor, and Engineer" and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional irlsureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arisirlg out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the msurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. - - - - - - _ 6.07 Patent Fees and Royalties - A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the \Vork or the incorporation in the Work pf an)! lnvcntion, design, proces.';, product. or device ,\bieh IS the subject of parent rights or copyrights held by - others. If a particular invention, design, process, product, or device is specified in t..he Contract Documents for use in the performance of the Work emu if to the ilCL1Jc:l knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment 0 f any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the. fullest extent pemritted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and chaTges of engineers, architects, attorneys, and other professionals and all comi or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the Llse in the perfonnance of the Work or resulting l' TOm the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessarj for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to tbe performance of tbe Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monjtoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (irlcluding but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relatmg to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations. but this shall not relieve Contractor of Contractor" ,; obilgations under Paragraph 303 E.JCDC ('-700 St3ndard Genera! Conditions uf t.he Construction Contrn ct "'-_'Opyrir.hi 2002 Na.tlon;d Societ;-; Df ProfessioHal Engjl!l't~r~ for E.JCTlC, -\Ii rights n:&"enc'6 00700 -21 - C. Cbanges in Laws or RegulatjoDs not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on IJle amount or extent, if any, of any such adjustment, a Claim may be milde therefor as provided in Paragraph 10.05. 610. Taxes A. Contractor shall pay al"! sales, consumer, lise, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work 6 ] I Use of Site and Other Areas A. Limitation on Use of Site and Other Areas I. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Reguliltions, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such larid or area, or to the owner or occupant thereof, or of any adjncent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all c13ims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance (lfthe Work. B. Removal of Debris During Pe/fonnance of the Work During the progress of tbe Work Contractor shall keep tbe Site and other areas free from accumulations of ,..a8te materials, rubbish. and other debris. Removal and di'posal of s\lch waste materials. mbbjsh, and other debris shall confonn to applicRble Laws and Regulations. C. Cleoning. Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work ZiI10 make 1l ready ior ullhzation by Owner. At the com- pletion of the Work Contractor shall remove from the Site 21] tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for aitera{ion by the Contract Documents. ... .. .. [) Loading Structures Contractor shall not load nor )1c:nrlIt any part of any stmctme to he loaded in any manner Ihilt will endanger the structure, nor shall Conlr3ct()r subject any part of the Work or adjacent propel1y lo stresses or pressures that will endanger it ... 6. J 2 Record Documents .. A. Contractor shall maintain in a safe place at the Site Olle record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, imd written interpretations and c13rifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples. and Shop Drawings WIll be delivered to Engi- neer for Uwner .. .. ... 613 Sa}ety and Protection .. l\. Contractor shall be solely responsible for initiating, maintainlllg and supervising all safety precau- tions and programs in cOllnection with the Work. Contractor shall take all necessary precautions for the safety oj~ and shall provide the necessary protection to prevcnt damage, injury or loss to: .. .. ]. all persons on the Site or who may be affected by the Work; .. 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and .. 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways. stmctures, utilities. and Underground Facilities not dcsignated for removal, relocation, or replacement in the course of constmction. .. .. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to tbe protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for stich safety and protection. Contractor shall notify owners of adjacent property and of Undergn.und FaCIlities and other utility cnvners when prosecution of the \Vork ma\' affect them and shan .. ... E.1CDC' (~-700 St3nn2I"d Gener~! (~(\nditjons of rh,.. ('(~llsfruct!(1n C'ordr;.\cL ")p~~Tighf 20f!.! ''-},"fjnr,:d S(),-:1e(y of Pfof(:.~:sjnn:1! ET1~ifl['-I' (nJ' F"JCIH \ n ~-i[ht~ rC'-('J-\'~:'0 n07'11)-'2 .. ... _ cooperate with them in tbe protection, removal, relocation, and replacement of their property. - C. All damage, injury, or loss to any property referred to in Paragraph 6. 13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to pcrfonn any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- ings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). - - - - - D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion) - 614 Safety Representative - - A Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shaH be the prevention of accidents and the maintaining and supervising of safety precautions and programs. _ 6.15 Hazard Communication Programs - A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. - 6.16 Emergencies - A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt \vTitten notice if Contractor believes that any ~:ignificant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines tbat a change in the Contract Documents is required because of the 3ct10n taken by Contractor in response to such an emergency. a \Jiork Change Directive or Change Order \\'111 be Issued - - - - 6.17 Shop Drawings ond Samples A. Contractor shall submit Shop Drawmgs and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07) Each submittal will be identified as Engineer may require J. Shop Drawings o. Submit number of copies specified in the Gencr<ll Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria. materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17 .D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17 .D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verificd: a. all field measurements, quantities, dimensions, specified performance and design crittria. installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work: c all information relatIve 10 C "ntrilcwr. s responsibilitIes for means. methods lie chnjqv:.'~. F.JCDC C. 7(J() S13ndard C en'.'r~1 Condition, of the C<'n5tnj(tjon C'll1jr~". - "r~,i.;~di' 2002 N;,dk:l;~i Sac!!';y \-,f Professfon;d EngiIleer~ kF' EJ(-nC,,~,u l-iEh:~ !'i.::~,,~r~;c(': 0070G .J: - sequences, and procedures of construction, and safety precaution;; imd programs incident therEio: and d. shall also have reviewed and coordinated each Shop Drawing or Sample Drawings and Samples requirements of the 'Nark Documents. with other Shop and with the and the ContrHct 2. Each sllbmittal shall beilr a stamp or specifJ\= \\'fitten certification that Contractor has satisfied Contrilctor's obligations under the Contract Documents with respect to Contractor's review and approval of tlwt submittHI. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's ar Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review imd approval of each such variation. D. En.r:,ineer's Review I. Engineer will provide timely review of Shop Drinvings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and ilpprova! will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the infonnation given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. J. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.] 7.e3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shill! not relicve Contractor from responsibility for complYIng v,ith the requirements ofParilgrilpb 6.] 7.e.]. F ReS1iDmizllll Procedures - 1 COntr8ctcr shzd] make conections required bv Engineer and shall retlnn the required Humber of cor'- rected copies of Shop Drawings and submit as required, new Samples for review and ilpproval Contractor shal1 direct speci fie attention in wliting to revisions other than the corrections called f()f by Engineer 011 prevIOUS submittals. - - n.IS Continuing the Work A. Contractor shill! call)' on the Work imd adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as pennitted by Paragraph 15.04 or as Owner and Contrilctor may otherwise agree in writing - - n. ] 9 Contractor's General Warranty and Guarantee - A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee - - B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by' - ]. abuse, modification, or improper maintenance or operation by persons oiher than Contractor, Sub contractors, Suppliers, or imy other individual or entity for whom Contractor is responsible; or - 2. normal wear and tcar under nOlmalusage. - C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an ilcceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: - - observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment: - 3. tbe issuance of a certificate of Substantial Completion hv Engineer or any payment related thereto by Owner; - 4. use or OCClJpancy of the \Vork or any part thereofby Owner: - ). imv re\Ci('\\ JflU ;,pprovzd of;j Shop Drawing (Ie Sample submit/ill ()[ the 1S~1J;mc(' of;, [wtice elf acupl"b; l- ity by Engineer - - - -- ~..- --._-- -- - .--- ----~.. -----. ------------------- - ~---------- F .rCDC C-iOO St"ndud Geller"1 Conditions of the Cn11'fnlcl; 0" C"nllu' !)p~'ri~ht ri, iOn} j\bdoll21 SGckty of Frrlfc~ssional Enginef:'fS for FJ{j){ \IJ rishl'; r(,~:c;'<'~':J 01;7(;0 -1;' - - 6. any inspection, test, or approval by others; or - 7 3D)' COlF~ctjO[l of dffec!ive \\1 ork by Ownr:r _ 6.20 Indeiill7 i(icatiol1 A To the fullest ex tent pel1nitted by Laws and Regulations. Contractor shall indemnify and hold - harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them fTom and against _ all c\auns, costs, losses, and damages (including bm not limIted to all fees and charges of engineers, architects, alt0111eys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of - or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or _ destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any - individual or entity directly or indirectly employed by any of them to perfornl any of the Work or anyone for whose acts any of them may be liable. - - R. In any and all claims against Owner or Engineer or any of their respective consultanLs, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. - - - - C The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: .. - 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports. surveys, Change Orders, designs, or Specifications; or - 2 givmg directions or instructions, or failing to gIve them. if that is the primary cause of the injury or damage. (, ) 1 Dclerzoliol1 of Pro(essiolJal Design Sen'ices - A (ontractur will Iwt be required to pE1vide "';lonal d, SI,l'rl .':ervlc CC unle,;s such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for constmction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer \vill specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications. Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certi fications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to thjs Paragraph 6.2 I, Engineer's revIew and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contraetor shall not be responsible for the adequacy of the perfom1ance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 701 Related Work at Site A. Owner may perfom1 other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted ill the COll- tract Documents, then: I. written notice thereof will be given to Contractor pnor to starting any such otber work: iind 2 1f Owner and C'ontractor are unable to agree \1T] entitlement to or C'D the amount ur extent, lf 'mv. (If F.JCDC C-70() St~ndJrd Gennal Condition, of the Co",'(ruct;rH! Cont,.",.1. )(\02 >:~jtion~'! Societ'l ,d- Pr'ofessional Ent!inc<2_1'$ for EJCDC ,'\!j riF!d'- Oi1700 -y - - any adjustment in the Contract Price or Contract Times that should be allowed <is a result of such other work, a Claim rnay he made tberefor as pwvided in P'11c;graph ] 0.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is perfomling other work with Owner's employees, proper and safe access to tbe Site, a reasonable opportunjty for the introduction and storage of materials and equipment and the execution of such otber work, and shall properly coordinate the \Vork with theirs. Contractor shall do all cutting, fit1ing, and p3tching of the Work that may be required to properly conl1ect or otherwise make its several parts come together and properly integrate with such other work Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph arc for the benefit of such utility owners and other contractors to the extent that there arc comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in slIch other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as lit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi. tions: I. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the speciJic matters to be cO\'ered bv ~uch authority and responsibility wiil be itemized; and 3. the extent of such authority and responsibili- ties will be provided B. Unless otherwise provided in the Supplementary Conditions, Owner shall ha,oe sole authority and responsibij it',' for such coordination. 703 Legal Relationshlj)S - i\. Paragrilphs 70!.A aj)d 702 are not applicabk for utIlities not under the cOi1trol of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption \=osts incurred by Contractor as a result of the Othff contractor':, actions or inactions. .. - C. Contrilc(ur shall he iiable to Owner and any other contractor I'm the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions IIlIIi IIlIIi ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.0 I Commullications to Contractor - A Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. - 8.02 Replacement of Engineer - A. In case of tennination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes 110 reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. - 8.03 Furnish Datu - A. Owner shall promptly fumish the data required of Owner under the Contract Documents. - 8.04 Pay Whf'll Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. - - 8.05 Lands and Easements: Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference PUJJ1ts are set fonh In Paragraphs 4.()] and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site tbat have been utilized by Engineer in preparing the Contract Documen1s - IIlIIi IIlIIi - E.lCJ){- (-100 ~:.I(ln(hl.f'd C'cneral Conditions ofthr CrlltS.tfuctiflP en -;:f,-'(I ((~:_-'--,ri:::ht 2n/j~ >~;:;t.i',-in;Jj S'_);i('~\ of Pf"iJr(:~sjon;.lf Engineer:, for EJCDC -", if) i(~l,l', r{~('i ,'6 IIlIIi .. 806 Insurance - A OWflcr's responsibilities, if eny, in respect to purchasing and maintaining liabJlity 2nd property msUJ- .... nnee are set forth in Article 5. 8.07 Change Orders - A. Owner is obligated to execute Change Orders as indiGated in Paragraph! 003. - 8.08 Inspectioils, Tests. aild Approvals - A OWl1er's responsibility m respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.8. 8.09 rimitatioilS on (}wner's Responsibiiities - - A The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the \Vork in accordance with the Contract Documents. - - Hazardous Environmental 8.10 Undisclosed Condition - A Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. .... 8.11 Evidence of Financial Arrangements - A If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility ill respect thereof will be as set forth in the Supplementary Conditions. .... ARTICLE q ENGINEER'S STATUS DURING CONSTRUCTION - 901 Chvn(:j' 's Representative .. - A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contracl Documents and will not be changed without written consent of Owner and Engineer. - 902 Visits to Site /l... Engineer wj]! make visits to the Site at inter- vals appropriate to (he various stages of constllJction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that bas been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, ror the benefit of O\vner, wiU deternline, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required te make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence thai the completed Work will conform generally 10 the Conwlct Documents. On the basis of such visits and observations, Engineer will keep Owner inforrne{] of the progress of the Work and will endeavor to guard Owner against defective Work B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Enguleer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to lbe performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. 111e authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, tlle responsibilities and authority and limitations thcreon of such other individual or entity will be as provided in the Supplementary Conditions. 904 iiUlhoiized Variations 1/1 rYork A. Engineer may authorize minor variations in the \Vork from the requirements of the Contract Documents which do not involve an adjustment 10 the Contract Price or tbe Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may he accomplished by a Field Order and wiil be binding on O",ner and also on C{'l1tractor. wbo shall perform the Work Involved proJ11pth If O\\'l1eT (.f - EJCDC C-700 Standard Ceneral Conditions of tile Construction COl1tract. Cupydght~) 1002 >h;tinnrll Snrlrtv (If F'rofc5sinn.ll EnginEer~ for PJCD( .'-, n 1'1::111;;; rr:'se(\'c-(f 00700.n - A. Engineer will be the initial interpreter of the D. Engineer's review of the final Application for requirements of the Contract Documents and judge of the Payment and accompanying documentation and all acceptability of the V/ork thereunder. All matters in maintenance and operating instnJctions, scbedules. question and other matters between Chvner aud Contractor guarantee,s, bonde., ccrtificate~: (\1 iIlSpf~clJUn. tests 311\1 arising prior to tbe date final payment is due relating to approvals, and other documentation H'fjuired to ht the acceptability of the Work, and the interpretation of the delivered by Paragr3pb J407 ,\ WIll (In!\" ly le' detc11Jlinc - ~--_._--~ - -- ~ - --- --.----- .---.-- - --_.__.._--~-----~_._.._--_._--- ------ - ~-~...___.__.___ u________ l .len!: C-700 Slanda,'c! Ceneral Conditions of Ihe Construct;"" C(lufrOCI <l[.1\'righr ~).(j02 >L~!ioll~d .~~\H'i(--ty of Frnl"cssion:d Enginpers for EJCD(-' /d] right.\ r. .;.:.1 \'(:! U;)'j;Vi -28 Contractor believes that a Field Order justifies all adjustment in the Contract Price or Contract Times, Of both, and the parties arc unable to agree on entitlement to or on the amount or ex tent, jf any, of any such adjustment, a Claim may be madc therefor as provided in Paragraph 10.05. 9.05 Ri'jecling De[cClive Worle A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that confonns to the Contract Documents or that will prejudice tJle integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph J 304, whether or not the Work is f3bricated, installed, or completed 906 ,)'hop Drawings, Change Ordi'rs and Paymi'nts A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and lim.tations thereof, as to design calculations and design drc'lings submitted in response to a delegation of Pl'. fessional design services, if any, see Paragraph 6.2]. C. In cormection with Engi.neer's authority as to Change Orders, see Articles ]0, ] I, and 12. D. In connection with Engineer's authority as to Ap;Jlications for Payment, see ATticle 14. 9.07 Determinationsfor Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon OWller and Contr3ctOf. S\!bjl>ct to the proYlsions of Paragraph 10.05. 9.08 Decisions on Requiremi'nts of Contract Documents and Acccptahilily of IYark requirements of the Contract Documents pertaining to the pcrfom13nce of the Work, will be referred iilitially to Engineer i." writing within 30 days of the event giving rise to the question - B. Engineer wi]], with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that ,iny such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shaJl be the date of the event givmg rise to the issues referenced for the pUlvoses of Paragraph lO05B. .. - .. C. Engineer's written decision on the issue referred will be final 3nd binding on Owner and Contractor, subject to the provisions of Paragraph] 0.05. .. D. When functioning as interpreter and judge under this Paragr3ph 9.0g, Engineer will not show partiality to Owner or Contractor 3nd will not be liable in connection with any interpretation or decision rendered in good faith in such c3pacity - .. 9,09 Limitations on Engineer's Authority and Responsibilities - A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertabng, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety fOT or employee or agent of any of them. - .. - B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. - - \III C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, <lny Supplier, or of any other individual (If entity performmg any of the Work. ... .. - - .. - generally that their content complies with the require- ments of, and in the; case of certificates of inspections, tests, and iipprovals that the results cfliified indicafe compliance with the Contract Documents. - .. E. The limitations upon authority and responsi- bility set forth in this Paragraph 909 shall also apply to, the Resident Project Representative, if any, and assistants, ifany. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS - --------- -------~---- 10.01 Authofizi'd Changes in the Work .. A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such docl1ment, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). ... .. - B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. .. IOJJ2 Unauthorized Changes ill the Work .. - A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided ill Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. - 10.03 Execution of Change Orders .. - A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph] 3.09, or (iii) agreed to by the parties; - - 2. changes H1 the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or aJIlount of time for Work actually performed in accordance with a Work Change Directive: and - -' changes in the Contract PrIce or Contract Tllne,' which emlx,dy the Sllbstance of any written decision rendered by Engineer pursuant to Para,graph 10.05; provided that, in lieu of e:ecuting any su~h Ch[,nge Order, 3n appeal may be t?ken from any ,mch decision in accordance \vith the provisions of the Contract Documents and applicable Laws and Regulations, bui during any such i1ppeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18A. . 10.04 Notificatio/1 to Surely i\. If nciice of any change affeClmg the genera] scope of the \Vodc or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to renect the effect of any such change 10.05 Claims A. Engineer's DeciSIon Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of ilny rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice. Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Conn-act promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph l2.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph] 2.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shaH submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of tbe claimant or the last submittal of the opposing party. if any. take one of the following iJctioQS in writing: deny the Claim in whok 0] In part. - F.ICDC C-700 St~nd~rd General Condition, of the Construction Contract. ~!pyrighl :'002 N(.;finH~d ~'}ciety nf P'rofessional EnginE'cn; fill" EJCDC, AJl rights r('~-en'r:d. 00700 -29 - 1 approve the ClcJm, or J notify the parties that the Engineer is unable' to resolve the Claim if, In tbe Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of hJr1her resolution of the Claim, such notice shall be deemed a denial D. In tbe event that f; ngilleer docs not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph lOOSe or denial pursuant to Paragraphs 10.05.C.3 or IOOSD will be final and binding upon Owner ,lOd Contractor, unless Owner or ContractC1r invoke the dispute resolution procedure set forth Ul Ar1icle 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph lO.05. ARTICLE I I COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK -----. --------- - - ------ _._--_._-----~~.---_._---- ------ .~--.--- J 101 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except tbose excluded in Paragraph ] 1.01.B, necessarily incurred and paid by Contractor in the proper perfonnance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of tbe Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, \vithout limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the \V ark. Payroll costs shall include, but not be limited to, salaries and .wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement henefits, bonuses. sick leave. vacation and holiday pay applicable thereto The expenses of performing Work outside of regular \VOrklflg hours. on _n _ ~~._._____ _____________.____._ Saturday, Sunday. or legal holidays, shall be included in 111e above to the extent authorized by Owner. .. 2. Cost of all materials and equipment fumished and incorporated in the Work, including cosL, of transportation and storage thereof, and Suppliers' field services requ ired ill connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, ill which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from :,ale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. ... - - 3. Payments made by Contmctor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph] 101. ... ... ... - 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. ... ... 5. Supplemental costs including the following: a. The proportion of necessary transpor1ation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. ... b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. - ... - c. Rentals of all constmction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and remova 1 thereof All such costs shall be in accordance Wjtb the terms of said rental agreements. The rental of any'ucb equIp- ment machinery, or parts shall ccase when the use thereofis no longer Dcce;;sary for The \Vork .. - .. F"icnc ('-'iOO ST3n<brd (;enend Conditions uf the f'onslru(tion Contract. (."opyrirh: eCl 20n1 I'~1;lUri ll;d Soriet-v f1f Prr: frssion:d En ~:in('-f.'r~ f~)r F '! (T~C /~ n rig!!; s rf';;,"r'>' 110700 -,n ... ... - d. Sales, consumer, use, and other similar taxes related to the Work. and for which Contractor is liable, lmposed by LR\VS and Regulations. - e. Deposits lost for causes other than negligence of Contractor, RnY Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and hcenses - - f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established 10 accordance with Paragraph 5.06.0), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any oftbem or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of detemlining Contractor's fee. - - - - - g. The cost of utilities, filel, and sanitary facilities at the Site. - h Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work .. .. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. - B. Costs E.xcluded: The term Cost of the Work shall not include any of the following items: I. Payroll costs and other compensation of Contractor's officers, executives, principals (of .. partnerships and sole proprietorships), general managers, safety managers, engineers, arcrutects, estimators, attor- neys. auditors, ,'ccouDtants, purchasing and contractmg agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whetber at the Site or in Contractor's principal or branch office for general aclmirlistration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph II.OI.A.I or specifically covered by Paragraph 11.01.1\.4, all of which are to be considered administrative costs covered by the Contractor's fee 2 Expenses of ContraCtor's principal and branch offices other than ContracWr's office at the Site. - - .. .... 3. Any part of Contracior.s capital expenses, including interest on Contractor's capital employed for the Work and charges against COnniJcfor for dt:l1nquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed . by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Wark, disposal of materials or equipment wrongly supplied, and making good any damage to property s. Other overhead or general expense costs of any kind and the cosLe; of any item not specifically and expressly included in Paragraphs II .01 .A and I I .0 I. B C. Contractor '8 Fee. When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Ch,mge Order or when 3 Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C D Documentation: Whenever the Cost of the \Vork for any purpose is to be determined pursuant to Paragraphs 1l.Ol.A and 1101.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a [l)rm acceptable to Engineer an Itemized cost breakdown together with supporting data 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Wark so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the a IJo\\:ances to be deh\'ered the ~ ~t c. ;~r;(J t:)} applicable taxes; and b. Contractor's costs for unloading and handli.ng on the Site, labor, installatIon, overhead, profit and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances. and no demand for additional payment on account of any c.f the foregoing w111 be valid EJCDC C-iun SI,nd3rd Genet."! Conditio!"" "tthe CCln"t"cti,'n CO"I';. np>ri~,~hf20n] 1'..l:{f;oP;:t SDd('i~' f professional Enri.neC'fs for F1Cf)('-'I,ji ;-j u"-r-~, ,"." (lO/OO -3; - C. Contingency Allowmxe ] Contractor agrees that a contingency allowance, if cLuy, is for the sole use of Owner to cover unanticipated costs, D. Prior to fmal payment, an appropriate Change Order will be issued as recommended by Engineer [0 reflect actual amounts due Contractor on account of Work covered. by allowances, and the Contract Price shall be conespondingly adjusted. I J .03 UniT Price Work A Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of eacb item as indicated in the Agreement. B. The estimated quanhtles of items of Unit Price Work are not guaranteed and are solely for tbe purpose of comparison of Bids and determining an initial Contract Price. Detenninations of the actual quantities and classifications of Unit Price Work perfonned by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to lIlclude an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work perfonned by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of baving incurred additIOnal expense or Ov,'ner believes ,hat (hvner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease ARTICLE 12 CHANGE OF CONTRACT PRIG;: ('BANGE OF CONTRACT TIMES .. 12.0] Change of COIlTmcT Price - A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by tilC party making the Claim to the Engineer and the other party to the Contract in accordance witb the provisions of Paragraph ] 0.05. \III .. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be detcmlincd as follows: .. 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11(3); or - .. 2, where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead aml profit not necessarily III accordance with Paragraph ]2.01.C2); or - 3. where the Work involved is not covered by unit prices contained ill the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (detennined as provided in Paragraph ] 1.0]) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph] 2.01.C). .. .. - C. Contractor's Fee: The Contractor's fee for overhead and profit shall be detennined as follows: - I. a mutually acceptable fIxed fee; or 2. if a fIxed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: - a. for costs incurred under Paragraphs I] .0] .A.I and]] 0] r\2. the Contrilctor's fee shall be 1 '; percen r, - b. for costs incurred under Paragraph 1 10 1.A.3. the Contractor's fee shall be five percent; - c. where one or more tiers of subcontracts are Oil the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph ] 2.01.C.2.a is that the Subcontractor \Vho actually performs the Work, at whatever tier. will be paid a. flee of ].5 pcrcmt of tbe costs lTlcllTTcd by such SlJbcnntracWr under 1'aragrapl:'; . - E.JCDC C-/'OO Si:1ILJ:-~rd (~:en('r~~! C'undit!ons of the (-'on~trudjG!1 CJlltrad, ('O'-'~rriQh( (T') ]002 N?rhn~-! S(l<oi\, ~)f F!-nr('~;;~ion;~! ETi~2.inccrs f(;f F.'Cnr AlJ ri~~ht.. rco;.'c'r\'(:d ;'Wil.Jl':" ., - - l101Al and 11.01.1\.2 aDd that any higher tier Subcontractfl' and Contractor will each be paid a fee of five percent of the arnount paid to the next lower tier Sllbcontraetor: - - d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.OI.A.4, II.OI.AS, and 11.0IB; - e. the amount of credIt to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be tile amount of the actual net decrease in cost plus a deduction m Contractor's fee by an amount equal to fi\Jc percent 0 f such net decrease; and - - f when both additions and credits are involved m anyone change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0IC2.a through 12.01C.2.e, inclusive. - ] 2.02 Change of Contract Times - A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times wilJ be determined ill accordance with the provisions of this Article 12. - - - 12.03 Delays .. A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors perfonning other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. - .. - B. If Owner, kngmeer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupL', or interferes with the performance or progress of tile 'Nark, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor'~; ability 1(1 cc'mplete the Work within the Contract Times - - - C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnOillial weather conditions, acts of God, acts or failures 10 act of utility owners not under the control of O\vner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment m Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment . shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 1203C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in cOfUlection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their cOIlsultant<; and other. representatives and persormel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and pr(lgram~ so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections tests, or approvals and shall cooperate with inspection and testing personnel to facilitate requ ired mspeetions or tests. B. Owner shall empluv and pay f(11 the services of an independent tesiing laboral(ll~\ to pc~rform z,ll SJcnc c 700 Slanr13 n! General Conditions of lh~ CaiJslructior; Con!rRrL ,\Tight 2QO~;:' ;-drollaf S'_-;dc.y of Profcs~ion;11 Engincci-.c. fo( EJCDC_ AU r'ights re~:frTij 007110 -}~ - inspections, tests, or approvals required by the Contr3ct Documents except: I. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Pam graph 13.04.B shall be paid as provided in said Paragraph 1304.C: and. 3 as otherwise specifically provided in tbe Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay a 11 costs in cOIUlection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer E If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, i r requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must if requested by Engineer. 1". uncovered for Engineer's observation and replaced al Contractor's expense. B. if Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request shall uncover, expose, or otherwise make available for observ2tion, inspection, or testing as Engmeer may require, that portion of the \V ork in ql1estion, furnishin.r' all necessary; labor, materiaL and equipment C. If it is found that the uncovered Work is defective, Contractor shall pay alj claims, costs, losses, 2l1d danl~1gf;S: (including but n(l~ bruited 10 all fct;s aDO charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncoverIng, exposure, observation. inspection, and tesling, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of olhers); and Owner shall be entitled to an.appropriate decrease in the Contract Price. If the panies are unable to agree as to the amount thereof, Owner may make a Claim thcrcfor as prOVided in Faragraph 1005 ... .. ... ... D ! f, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the C'ontract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure. observation, inspection, testing, replacement, and recomtmction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 1005. .. .. .. 13.05 Owner May Stop the Work .. A. 1f the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work \vill conform to the Contract Documents, Owner may order Contractor to stop the W 01 k, or any portion thereof, untii the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the pan of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. .. .. - ] 3.06 Correction or Removal of Defective Work .. A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, altumeys, and other professionals and all COllrt or arbItration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. Wllen correcting defective Work under the terms of thjs Paragraph 13.06 or Paragraph 13.07. Contractor shall take no actIOn that would void or otbenvise imp~Jlr Owner's special warranty and guarantee, if any. on said \Vork. ... .. .. .. ... L~JCDC C'-700 StanLbrd GEnrr~'! Condition5' ,,11i!e Cl.ln~frU,,'l'inll Cnntr:3':J' <'cjl)Tigh; 2(;O} N(jtinn;~1 ,c,oc!c!")'of FJ nj{'ssionaJ EnEr") for F..JC'Uc {,II right< r~(~,T: \1: dj70n -l< ... .. 13.07 Correction Period - - A. Tf within one: YC?J after tbe: d3te of S\1bstanti8! Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents. any Work is found to be defective., or if tbe repair of any damages to the land or areas made avail3ble for Contractor's use by Owner or permit1ed by Laws and Regulations as contemplated in Par3graph 6.1 I.A is found to be defective, Contractor shall promptly, without cost to Owner and ID accordance with Oivncr's written instructions - - - I. repair such defective land or areas: or 2. correct such defective W ark: or - 3. if the defective Work h3s been rejected by Owner, remove it from the Project 3nd replace it with Work that is not defective, and - - 4. satisfactorily correct or repair or remove 3nd replace any damage to other Work, to the work of others or other land or areas resulting therefrom. .. B. If Contractor docs not promptly comply with the terms of Owner's written instnlctions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited (0 all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. - - - - C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. - D. Where defective Work (and damage to other \Vork resulting therefrom) has been corrected or removed and replaced under tlus Paragraph dO}, the correctIon - period hereunder with respect to such Work Will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed, - E. Contractor's obligations under this Paragraph ] 3.07 are in addition to any other obligation or ivammty - The provisions of this Paragraph ] 3.07 shall not be construed as 3 ,~)ubstitute for or a \\:a]\'er elf the pro\:j's10I1S of any applicable stature of ll!nitation (IT wposc. 13.08 Acceptance olDr?fective Work A Jf, instead of requiril1g corfcction or removal and replacement of defective \\lork, Owner (and, prior to Engineer's reCOlilll1endation of fil1al payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, at1omeys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Enginecr as to reasonableness) and tile diminished value of the Work 10 the extent not othenvise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order wi II be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails Within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Wark as required by Engineer in accordance with Paragraph J 3 06.A, ')r if Contractor fails to perfonn the \Vork in accordance with the Contract Documents, or if Contractor fails to comply with any otber provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere Contractor shall allow Owner. Owner', representatlYcs, agents and ernpioyees, Owner s other contractors, and Engineer and Engineer's consultants 3ccess to the Site to enable Owner to exercise the rights and rernecl1es under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers. architects, attorneys, and other professiona 15 and all court or arbitration or othecr dispuk reso!ut1Cj~, costs) HlculTed or susli1ined by ()wnC[ !I1 t''\erClsmg II'" rights and remeditOs under (hiS Fjj[Zigraph'. 09 will he - E.JCDC C.71)0 SIB n,12 cd Genual Conditions of the COllstruction COfllrH!. Ccp.\I-irJlt~) 200~' !'~:;:Hi0n;";) Snc!f'r" f Prr;fessiona! Engineer:; ftl.r" EJCDC ;! d~:ht~ re:~e\ \-"f'c 00700 -3:; - charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the V/ork; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05 Such claims, costs. losses and damages will include but not be limited to all costs of . repair, or replacement of work of others destroyed or damaged by conection, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as tbe basis for progress payments and will he incorpOlated into a fonn of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. ] 4 07. Progress Payments A. Applications for Payments I. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that tbe materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied Oll 3ccount to disrhcnge Contractor's legitimate obligations ,,~:s(\cJ3red Wilh prjor'\pplicatio!Js for Payment. 3. The amount of retaimlge with respect to progress payments vvi!l be as stipulated jn rhe i>.greement. .. B. ReFinv ojApplications I. Engineer will, within ] 0 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment [llld present the Application to Owner or return the Application to Contractor indicating 1Jl writing Engineer's reasclns for rcliJsing to recommend payment. In the latter case, Contractor may make the necessary correctlons iJlld resubmit the Application .... .. .. 2. Engineer's recommendation of 3ny payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced ,md qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's kno\vledge, informaflon and belief: .. - ... <J. the Work has progressed to the point indicat- ed; h the quality of the Work is generally in accor- dance with the Contract Documents (subject to all evaluation of the Work as a nmctioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a fin3l determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and .. .. - c. the conditions precedent to Contractor's being entitled to such payment appear to bave been nllftlled ill so far as it IS Engineer's responsibility to observe the Work .. .. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: - a, inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress. or involved detai!ed lllSpcclions of the Work (lC'yond the rcspf'llsi- bilities specifically assigned to Engmeer in the Contract Documents; or .. - b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor - 4 Neither Engineer's revicw of Contractor 0 \Vork for lhe purpose:; of reconunendine payments nQ: .. F,]CDC ('-700 StanrJ2nJ G"o[.,3! Conditions of the C~nH!l' .!k,n (oll1rzct C\lpyright ,~, 2002 i--L-;tion:-,I Socit,ty nf Professional Engrncl'r~ ror [J('DC 'id di.!h!~ ff::5'U"\'t d 00700 -,-;IJ - .. 8. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make 3D inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the \V ork substantia 11\: complete, Engineer will deliver te Owner a tentativt: ]. Owner may refuse to m3kc payment of the fu I] certificate of Substantial Completion which shall fix the amount recommendt'li by Engmeer because: date of Substantial Complctl\l11 There shell be at;achuJ \n - -,.-- - -~ -----.-----.~.-.-----.--- .------~----___________._ -----.- -------------------..---------------.-_-__0_____- _ __ ___,,________________"______ _ ___ E.JCDC C-700 Standard GfneraJ Conditio", of the Construction Contract. ("r;pyT;~J,t 2::;(12. l~:~tional S(1Cif:\Y I.:;{ Professional Engjn('cr~.: for EJCD('_ /dl rights rt'q'n'cd /i0700 -37 Engineer's recommendation of any payment, including - final payment, will impose responsibility on Engineer: a_ to supervise, direct, or control the Work, Of - - b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or - c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's. performance of the Work or - d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or - e_ to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. - 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner _ stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment .... recommendation previously made, to such extent as may he necessary in Engineer's opinion to protect Owner from loss because: - a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment: - b. the Contract Price has been reduced by Change Orders; - c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or .. - d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A C~ Parl11enl BeC0!11eS flue - ]. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. - D. Red1le/ion ill Pa).menl - - - 3. claims have been made against Owner on account of Contr2ctcr' s pe,formance or furnish- ing of the 'Nork; b Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner 10 a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated !J) Paragraphs 14.028.5.a through 14028.5.c or Paragraph ] 5.02.A. 2 If Owner refuses to make payment of tbe full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated ns an amount due as determined by Paragraph 14.02.C'. I. 14.03 Contractor's rVarranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notifY Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days afier receIpt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after su bmission of the tentative certificate to Owner notifY Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer consIders the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or con.ect- ed) reflecting such changes from the tentative certificate as Engineer bel1eves justified aner consideration of any (,oJections from Owner. D. /\ t the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor untIl fmal payment F Owner shail have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items 011 the tentative list. J 4.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. I. Owner at any time may request Contractor in \VTlting to permit Owner to use or occupy any such part of tbe Work whkh Owner believes to be ready for its intended llse and substantially complete. ] I' and when Contractor agrees that such part of the Wark is substantially complete, Contractor will certify to Owner and Engineer that such pari of tbe Work is substantially complete and request Engineer to lssue a certificate of Substantial Completion for that part of the Work "2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a cer1ificate of Substanti,tJ Completion for that part of the Work. - .. 3. Within a reasonable time after .either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to detennine its status of completion. If Engineer does not consider that part of the Work to. be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of rcsponsibi Iity in respect thereof aDd access thereto .. .. .. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with tbe requirements of Paragraph 5. J 0 regarding property lI1surance. .. .. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a fmal inspection with Owner and Contractor and will notify Contractor in writing of at! pariiculars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. .. .. .. J4.07 Final Payment A. Application for Payment - I. After Contractor has, in the opmlOn of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with tbe Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. - .", .. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: ... a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7: .. h consent uftbe slIrety. If any, to fi'1a1 p1\.ment: .. r T, nc: ( 700 ~~21Hhrd (;ener~d Condition~ of rhe Cnnstr\lclinp ('ontI8.Cl. I '~'Il"< ;-i~T)!1 '~d(;2 j'-->:tlOI!. \ .~_:q~'i?tv nfProff:<;~i0ru:d Fn2jn(':::';-~' 1'0' Fl('TF' '''.n ri0hf:;: ':ig ... .. - c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. - 3. In lieu of the releases or waivers of Liens - specified in Paragraph 14.07.A2 and as approved by Owner, Contractor may fumish receipts or releases in full and an aftJdavit of Contractor that: (i) the releases and - receipts 'include ali labor, services, material, and equipment for which a Lien could be filed; and Oi) all payrolls, material and equipment bills, and other _ indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, - Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review oj Application and - Acceptance - 1. If, on the basis of Engineer's observation of the Work during construction and [mal inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. - - - - ... C. Payment Becomes Due - 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and, will be paid by Owner to Contractor. ... - 14.08 Fillal Completion Delayed - A If. through no fault of Contractor, final complctlOT1 of the Work is signific,mtly delayed, and if Engineer so confml1s, Owner [;hal1, upon receipt of Contractflrs final Application for Payment (for Work - fully completed and accepted) and recommendation of Engineer, and without tenninating the Contract, make payment of the ba.lance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work Dot hllly completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.0 1, the written consent of the surety to the payment of !.he balance due for that portion of the Work fillly completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions goveming final payment, except that it shall not constitute a waiver afClaims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: I. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 SUSPENSION OF WORK AND TERMINATION ]5.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or botb, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05 15.02 Owner May TerminateJor Calise A. The occurrence of anyone or more of the following events wiil justify termination for cause: I. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (includiJlg, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule estabJi,hcd EJCDC C-700 ~;(and2rd Gcner2! COllditiollS (If the Cons!rulti,"i {'ontracL I ~)nyr-;~ht -:orp N:ttf()!l;l ~~()dd-,! of Prnfession.al Enf!)nf'1?I~o~ fn" EJCT)( .\q rhlh{~ rC_~'3l".,.r:d, (!(l700 -39 - under Paragraph 2.07 as adjusted fTOm time to time pmsuant to Paragraph 6(4), 2. Contractor's disregard of Lrws or Regulations of any public body having jurisdiction; 3. Contractor's di~regard of the authority of Engineer: OJ 4. Contractor's violation in any substantial way of any provisions of the Contract Documents B. If one or more of the events identifIed 111 Paragraph j 5.02./\ occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to tenninate the services of Contractor: I. exclude Contr3ctor from the Site, and fake possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and 3. complete the Work as Owner may deem ex pedient. C. If Owner proceeds as provided in Paragraph ] 5.02.B, Contractor shall not be entitled to receive any further payment until tbe Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. \.\'hen exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.e, Contractor's services will not be terminated if Contractor begins Within seven days of receipt of notice of intent to tenninate to correct its failure to perfoml and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. \Vhere Contractor's services have been so ttmlinated by Owner. the termination \vi]] not affect any rights or remedJcc: elf Chlner against Contractor then existing or which may thereafter accrue Any retention or payment of rnolleys due Contractor by Owner will not 'F:k:cse CcrLtr"c1or from liability .. F. If and to the extent that Contractor has provided a perfonnance bond under !be provisions of Paragraph 5.01.A, the tennination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and ] :) 02.C. ... ... 1503 01\'71er Alay rennina/e For Convenience A Upon seven days written notice to Contractor emd Engl1lcer, Owner may, Without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): .. .. I. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of tennination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of tennination in perfonning services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for ovnhead and profit on such ex penses; .. .. .. 3. all c131fl1S, costs, losses, and damages (including but not hmited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of tem1inated contracts with Subcontractors, Supphers, and others; and ... .. 4. reasonable expenses directly attributable to termination. .. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. - 15.04 Contractor A1ay Stop Work or Terminate .. A. I f, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer falls to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum fmaIly determined to be due. then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, teffilinate the Contract and recover from Owner payment on the same terms as provided in Paragrapb 15 03 - .. ... ... B. lJ} lieu elf tCfll1l1latiJJi.! the Contfelet and without pre.ludlCe tCl allY nthn right or 'CliltJV. if - ------------..----. - -- ~______ __________ __n .._________________ _____._.________ ___ EJCDC C-700 St~nd3rd C;{'ner;1! Condjrion~ of the CQnnructinn Cnnlracr. ('py;-i~J;; 1002 r-hd~nn;d Sndfd\ (1f Profr5SioI1nl Eng-inf:E'rS for E.JCDC .\B riS'~d~ r1'-':fr-',"ed 00700 -JO .,. - - Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has falled lor 30 days (0 pay Contractor any sum fInally determined (0 be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's ,topping the Work as permitted by this Paragraph. . - - - ARTICLE 16. DISPUTE RESOLUTION - 16.01 Methods Qnd Procedures - A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph IO.OSE - - - - B. Owner aml Contractor shall participate in the mediation process in good faith. The process shall be concluded wlthin 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. - C If the Claim is not resolved by mediation, Engmeer's action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or I 0.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: .. ... l. elects III wntlllg to invoke any dispute resolution process provided for in the Supplementary Conditions. or - .. 2 agrees with the other party to submit the Claim to 3llother displlte resolution process, or J gives writ1en notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. - - ARTICLE 17 - MlSCELLANEOUS 17.01 Giving NCilice A. \Vhenever any proVISIon of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: I. delivered in person to the indiVidual or to a member of the finn or to an officer of the corporation for whom it is intended, or 2. deJivCled at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation ojTimes A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in cOlmection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. AJI representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment. completion, and acceptance of the Work or tCllni.natiop (1i completlOD of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. - Klcue C-700 St"f1dard Gener"! Conditiom of the Construction Contract ,-,p:.Tfght r[;'i 2002 r,,'2{ion,d S;'H'iety ofPn-,fcssiona! Enginf.'('r., for EJC'fJ; /Ji riQ,hts; ,',.,',-;"'d OO"iOO .~J - 17.06 Headings A. ATticle and paragraph headings are inselicd for convenience only and do )]ot constitute parts of these General Conditions .. .. .. .. .. .. - - - .. .. .. .. .. .. .. .. ~--_._._._---~--- .-- --- ---- ---.- .__.----~-----_.__._-,---_._-_._~-~----- -_._-------.----~. -~----_._--~-_._--- F.leDC C-70n Standard Genera' Conditions of the Construction Cont,.~ct. Cr,pyrighr 2002 rh:UorB! SocietT of Pr()ff:ssion~~ll' ngrneers f(lj- EJCDC. Ai! r-i~?,ht~; res:erved ~JfJ7 n f; .. .. - - Supplementary Conditions - These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All pro- visions, which are not so amended or supplemented, remain in full force and effect. SC-2.03 - Section 2.03 - Commencement Of Contract Times; Notice To Proceed De/ere j)(/mgmJ!h 2JJ3.A 01 rhe Slal/dord Gel/ern/ Condirions in ils enrirety nnd inserr rhe fo//o'vving in irs !)/(/ce: - - SC-4.02 .. A. The Contract Times will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. Section 4.02 - Subsurface And Phvsical Conditions Add rhefo//mving fJ(/ragraJ!hs to Sl(/ndard Genera/ Conditions S'eclioll 4.02: - - - - - - - - - - - - C. The logs of any available soundings, borings, rock cores, and other subsurface data, if secured in behalf of the OWNER, are for the convenience of the CONTRACTOR. Such data (1) are made available in good faith solely for the purpose of supplementing the CONTRACTOR's own investigation, (2) have been utilized for general design purposes only and may not be indicative of all subsurface conditions that may be encountered, (3) may be inadequate for purpose of preparing a bid, and (4) are in no event to be contractually considered a part of the Contract Documents. The making available of these subsurface data to Bidders is not intended to relieve them from their responsibility to familiarize themselves with the subsurface conditions in accordance with the requirements of Article 4 of the Instruction to Bidders. The boring logs, soil samples, and other subsurface information will not be interpreted by the OWNER or the ENGINEER, or the boring CONTRACTOR. The CONTRACTOR's interpretation of such data will be solely according to his own judgment, and he acknowledges that he is not to rely upon the same as accurately describing the subsurface conditions which may be found to exist. D. The CONTRACTOR shall perform such borings, soundings, test pits excava- tions, seismic and geotechnical investigations as may be required to become informed as to surface and subsurface water conditions, rock and other materials which may be encountered, prior to submitting a bid. The CONTRACTOR acknowledges that he assumes all risk contingent upon the nature of the subsur- face conditions to be actually encountered in performing the work covered by the contract, even though such actual conditions may be of an unusual nature, differ- ing materially from those ordinarily encountered or may result in the CONTRACTOR performing more or less work than he originally anticipated. E. Should the CONTRACTOR encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans and indicated in the Specifications, written notice of such conditions shall be immediately given to the ENGINEER and. before they are disturbed. the ENGINEER shall promptly inves- tigate the conditions and if he finds that a change in design and/or specifications 00810-1 SC 4.04 - is necessary and such change is implemented, any increase or decrease of cost resulting from such changes are to be adjusted in the manner provided herein for adjustments as to extra and/or additional work and changes. - The provisions of this Section are not to be construed as an indication that, where rock excavation is not a pay item but is included in the unit bid prices for pipe and structures, there would be additional payment for rock excavation be- cause of subsoil conditions found to be different. Where the unit bid prices for pipe and structures include the cost of rock excavation, there will be no deduction in payments or additional payments to the Contract for rock levels found to vary from the depths indicated or implied. - - - Section 4.04 - Underqround Facilities Add thefollmving pomgmphs 10 Standard General Conditions Sectioll 4JJ4: SC 5.03 - C. The CONTRACTOR shall be required to fully inform himself concerning the loca- tion of public or private facilities and structures on, under, or over the project, which may interfere with proposed operations. It shall be assumed that the Bid was prepared and the Contract entered into with the CONTRACTOR's full under- standing of the conditions to be encountered, and responsibilities in connection therewith. From investigations and field surveys, the location of such facilities and structures as have been brought to the attention of the ENGINEER are indi- cated on the Drawings. but the location of water, electric, gas, sewer, telephone lines, etc., and the nature of materials is not guaranteed. The indication on the Drawings of such facilities shall not be assumed to relieve the CONTRACTOR of any responsibility with respect thereto; neither shall the OWNER or the ENGI- NEER be held responsible for any omission or failure to give notice to the CONTRACTOR of any other facility or structure, on, under, or over the project, or the presence of rock or unsuitable material. - .. - - - D. The CONTRACTOR shall notify all utilities through the Dig Safely New York at (800) 962-7962 at least two days prior to any excavation so that each utility can mark or locate their respective lines for the CONTRACTOR. - E. The CONTRACTOR shall indicate that he has notified all utilities by supplying to the ENGINEER the serial or code numbers received from the respective utility. .. Section 5.03 - Certificates Of Insurance Add thefollmving jJamgmph fo SlOndord Gcnera! Condifians S('('flol1 5,rn. - F. The limits of liability for the insurance required by paragraph 5.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations. - 1. 2. Workmen's Compensation and Employers Liability - Statutory Comprehensive General Liability A. Bodily Injury (including completed operations and products liability). $2.000.000 Each Person $2.000.000 Each Occurrence - - - 00810-2 - - - - .3. - 4. - 5. - - SC 5.05 - C. B. Property Damage (including explosion, collapse, and underground coverages) $2,000,000. Each Occurrence $2,000,000 Annual Aggregate C. Personal Injury (with employment exclusion deleted) $2,000,000 Annual Aggregate Comprehensive Automobile Liability - Bodily Injury $1,000,000 Each Person $1,000,000 Each Occurrence Property Damage $1,000,000 Each Occurrence Umbrella Liability $2,000,000 Each Occurrence The CONTRACTOR shall provide liability coverage covering the obligations of the OWNER and ENGINEER. This may be accomplished by an endorsement of the CONTRACTOR's comprehensive liability policy including the above as additional insureds or by providing a separate protective liability policy. Section 5.05 - Owner's Liability Insurance - Delete subpomgmph 1\ ojsecrion 5.05 ojthe ,)'{(fndonl Gelleutl COlldilions in ils elllin'I\' ({nd illserl thefolhnving in its plare: - - SC 6.02 A. The CONTRACTOR shall provide liability coverage covering the obligations of the OWNER and ENGINEER. This may be accomplished by an endorsement of the CONTRACTOR's Comprehensive Liability Policy naming the parties above as "additional insured" or by providing a separate Protective Liability Policy. Labor; Workinq Hours - Add thefolloyving paragraph 10 Standard General Conditions Section 6JJ2: - - - SC 6.06 C. Unless otherwise especially permitted, no work shall be done between the hours of 8:00 p.m. and 6:00 a.m,. nor on Sunday or a legal holiday, except as necessary for the proper care and protection of work already performed. If it shall become absolutely necessary to perform work at night or on Sunday or a legal holiday, the ENGINEER shall be informed at least 24 hours in advance of the beginning of performance of such work. Only such work shall be done at night as can be done satisfactorily as determined by the ENGINEER and in a first-class manner. Good lighting and all other necessary facilities for carrying out and inspecting the work shall be provided and maintained at all points where such work is being done. Concerninq Subcontractors, Suppliers, and Others - Add the following paragraph to Standard General Conditions Section 6.06 - - - H. The CONTRACTOR shall perform with his own organization, contract work amount- ing to not less than 50 percent (50()/~) of the original total contract price. His own organization shall be construed to be only workmen employed and paid directly by 00810-3 SC 6.08 .. the CONTRACTOR and equipment owned or rented by him without or without op- erators. ... Permits ... Delete subparagraph /1 of Sectioll 6.08 (~f the General ('onditiolls in its entirety und illsert the fol- lowing ill its place: SC 6.10 .. A. At1ention is called to the fact that construction along, across, or beneath State. County, and municipal highway rights-of-way is subject to approval by the State. County, and Municipality and the work must be carried out in accordance with the rules, permits, regulations, and requirements of those parties having jurisdiction. ... Taxes .. /)elet{' j!aragraph 6. 10 A (~lthe St(//zdord General Conditions ill its ('!/Iire!y and insertthej()/!mving f)(/raprOflhs in its place: .. A. The CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required by the law of the jurisdiction whether the work is performed pursuant to the changes made in Section 1115 of the Tax Law by Chapters 513 and 514 of the Laws of 1974. ... B. The OWNER is exempt from payment of all state and local sales and compensat- ing use taxes of the State of New York and of cities and counties on the purchase of all materials and supplies to be incorporated in and becoming an in- tegral component part of the work, structures, buildings. or real property, pursuant to the provisions of this agreement. Such taxes shall not be included in the contract price, bid, or costs to be reimbursed, as the case may be. This ex- emption does not, however, apply to tools, machinery, equipment, or other property purchased by or leased to the CONTRACTOR or a subcontractor, or to supplies, machinery, equipment and materials which, even though they are con- sumed in the performance of the Agreement, are not incorporated into the completed work. The CONTRACTOR and his subcontractor(s) shall be responsi- ble for and pay any and all applicable taxes, including sales and compensating use taxes, on such tools, machinery, equipment, or other property and upon all such unincorporated supplies and materials. - - - - - C. The OWNER will furnish the required certificates of tax exemption to the CON- TRACTOR for use in the purchase of supplies and materials to be incorporated into the work. .. D. The CONTRACTOR, subcontractor(s) and material suppliers shall be solely re- sponsible for obtaining or delivering any and all exemption or other certificates and for furnishing a CONTRACTOR Exempt Purchase Certificate or other appro- priate certificates to all persons, firms, or corporations from whom they purchase supplies, materials, and equipment for the performance of the work covered by this Agreement. .. ... - .. 00810-4 .. - - SC 6.12 Section 6.12 - Record Documents - Add the follovving panlg raphs to SlOndard General Conditions Section 6. J 2 - - - - - SC 6.13 - 8. The CONTRACTOR shall obtain from the ENGINEER one set of Contract Drawings in non-reproducible prints for the purpose of documenting "record" conditions. C. It shall be the responsibility of the CONTRACTOR to mark each sheet of the non- reproducible "Record Drawings" in red and to record thereon in a neat form. any and all approved field changes and conditions as they may occur. A complete file of record field sketches, diagrams, and other changes, as may become necessary during the progress of the work, shall also be maintained and attached to the "Record" set of Contract Drawings. At completion of the work. each sheet of "Record" prints, plus all record field sketches and diagrams shall be submitted to the ENGINEER for his review and use in establishing a basis for final payment. D. If additional drawings are required to document "record" conditions, they shall be prepared on mylar of the same size as the Contract Drawings and submitted as outlined above. Safety And Protection i1dd the/o!!(I\\'ing pamgmf!hs to Standard (;CIlNa! Conditions 5;ection 6.13.' - - .. - - - SC-14.02 - G. The CONTRACTOR shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). H. The attention of the CONTRACTOR is directed to the provisions of Section 4(b) (4) of the Occupational Safety and Health Act of 1970, as follows: "Nothing in this Act shall be construed to supersede or in any manner affect any workman's compensation law or to enlarge or diminish or affect any manner the common law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries. diseases, or death of employees arising out of. or in the course of, employment." I. The CONTRACTOR shall at all times, comply with the latest applicable State Laws pertaining to the Safety of Workers in the construction field. Proqress Payments Add thefol/owing paragraphs to Standard General Conditions Section J4.02. - - - E Non-Payment for Failure to Comply with Contract Requirements 1. OWNER and CONTRACTOR recognize the importance of completing terll- porary and permanent surface restorations in a timely manner. 00810-5 - 2. The CONTRACTOR shall complete permanent restoration of field/lawn are- as within 30 calendar days of the initial disturbance. - 3. If the CONTRACTOR does not comply with the above contract require- ments, NON-PAYMENT by the OWNER. will be assessed under the appropriate bid item requiring restoration for each calendar day or part thereof after the above time frames have expired during which .the tempo- rary or permanent surface restoration remains incomplete or deficient to the as determined by the ENGINEER. - - 4. The non-payment amount shall be Five Hundred Dollars ($500) per calen- dar day and shall be deducted from the appropriate bid item. Each separate occurrence each day will be considered a separate violation and subject to a separate non-payment deduction by the OWNER. This non-payment will be a permanent deduction from the total monies paid under this contract. - - New Article - Provisions Required Bv Law - Add new Article 18 - PROVl,')'/ONS REQUIRED BY LA. W to the General Conditions to read as follows: ARTICLE 18 - PROVISIONS REQUIRED BY LAW - 18.01 Provisions Deemed Inserted - A. Each and every provision required by law to be inserted in the Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein and in the event any such provisions are not inserted or are not correctly inserted then, upon the application of either party, this Contract shall forthwith be physically amended to make such insertion or correction. - - 18.02 Worker's Compensation and Disability Insurance A. - The CONTRACTOR will secure worker's compensation and disability benefit insur- ance for the benefit of, and keep insured during the life of the Contract, such employees as are required to be insured by the provisions of Chapter 41 of the Laws of 1914, as amended, known as the Workmen's Compensation Law, and the Disability Benefits Law, as amended. .. The Contract shall be void and of no effect unless the CONTRACTOR complies with the provisions of this subdivision of the Contract. .. 18.03 No Assignment - A. The CONTRACTOR is prohibited from assigning, transferring, conveying, sublet- ting, or otherwise disposing of the Contract, or his right, title or interest therein, or his power to execute the Contract to any other person, company, or corporation without the prior consent. in writing. of the OWNER. - B. - If the provisions of this Section are violated, the OWNER shall revoke and annul the Contract and the OWNER shall be relieved of any and all liability and obligation - 00810-6 ... - - - thereunder to the CONTRACTOR or to the person, company or corporation to whom the CONTRACTOR shall assign, transfer, convey, sublet or otherwise dis- pose of the Contract, and the CONTRACTOR and such transferee shall forfeit and lose all monies theretofore earned under this Contract, except so much as may be required to pay the CONTRACTOR's employees. - 18.04 Maintenance and Inspection of Records A. - - - - The CONTRACTOR shall maintain books, records, documents, and other evidence in accordance with appropriate accounting procedures and practices, directly perti- nent to the performance of the work under this Contract until the expiration of three years from the date of final payment. The OWNER, the Comptroller General of the United States, the New York State Department of Health, or any other of their duly authorized representatives shall have access to any such books, documents, pa- pers, and records for the purpose of making audit, examination, excerpts, and transcriptions. The CONTRACTOR shall preserve and make such records available during said three-year period. The CONTRACTOR's facilities and records shall also be subject to all reasonable times to inspection and audit by said agencies or repre- sentatives during the period of performances of the Contract work. 18.05 Contract Deemed Executory A. - The CONTRACTOR agrees that the Contract shall be deemed executory to the ex- tent of the monies available and that no liability shall be incurred by the OWNER beyond the monies available therefor - 18.06 Non-Discrimination in Employment - A. During the performance of this Contract, the CONTRACTOR agrees as follows: - - - - - - - - 1 . The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin and will take affirmative action to ensure that they are afforded equal employment opportunities without discrimination because of race, creed, color or national origin. Such action shall be taken with reference but not limited to: recruit- ment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of payor other forms of compensation, and selection for training or retraining, including apprenticeship and on-the- job training. 2. The CONTRACTOR will send to each labor union or representative or workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Commis- sion for Human Rights, advising such labor union or representative of the CONTRACTOR's agreement under paragraphs A through H hereinafter called "non-discrimination clauses." If the CONTRACTOR was directed to do so by the OWNER as part of the bid or negotiation of this contract, the CONTRACTOR shall request labor union or representative to furnish him with a written statement that such labor union or representative will not dis- criminate because of race, creed, color or national origin and that such labor union or representative either will affirmatively cooperate within the limits of its legal and contractual authority. in the implementation of the policy and 00810-7 .. provIsions of these non-discrimination clauses or that it consents and agrees that recruitment. employment, and the terms and conditions of em- ployment under this contract shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or repre- sentative fails or refuses to comply with such request, that it furnishes such a statement, the CONTRACTOR shall promptly notify the State Commission of Human Rights of such failure or refusal. .. .. .. 3. The CONTRACTOR will post and keep posted in conspicuous places. available to employees and applicants for employment, notices to be pro- vided by the State Commission for Human Rights setting forth the substance of the provisions of Paragraph s A through B and such provisions of the State's Laws against discrimination as the State Commission for Hu- man Rights shall determine. .. - 4. The CONTRACTOR will state, in all solicitations or advertisements for em- ployees placed by or on behalf of the CONTRACTOR, that all qualified applicants will be afforded equal employment opportunities without discrimi- nation because of race, creed, color or national origin, .. 5. The CONTRACTOR will comply with the provisions of the Executive Law, Human Rights Law, Article 15, will furnish all information and reports deemed necessary by the State Commission for Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will permit access to his books. records. and accounts by the State Commission for Human Rights, the Attorney General, District Commissioner of Housing and Community Renewal and the Industrial Commission for Purposes of in- vestigation to ascertain compliance with these non-discrimination clauses of the Executive Law, Human Rights Law, Article 15. - - - 6. This contract may be forthwith canceled, terminated, or suspended, in whole or in part, by the OWNER upon the basis of a finding made by the State Commission for Human Rights that the CONTRACTOR has not complied with these non-discrimination clauses, and the CONTRACTOR may be de- clared ineligible for future contracts made by or on behalf of the State of a public authority or agency of the State or housing authority, or an urban re- newal agency, or contracts requiring the approval of the Commissioner of Housing and Community Renewal: until he has satisfied the State Commis- sion for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the CONTRACTOR and an opportunity has been afforded him to be heard publicly before three members of the Commission. Such sanctions may be imposed and remedies invoked independently of or in ad- dition to actions and remedies otherwise provided by law. - - .. - - 7. If this contract is canceled or terminated under paragraph F, in addition to other rights of the OWNER provided in this contract upon its breach by the CONTRACTOR. the CONTRACTOR will hold the OWNER harmless against any additional expenses or costs incurred by the OWNER in com- pleting the work or in purchasing the surfaces, materials, equipment, or supplies contemplated by this contract and the OWNER !"nay withhold .... - .. 00810-8 ... - - - - - - payments from the CONTRACTOR in an amount sufficient for this purpose and recourse may be had against the surety on the Periormance Bond if necessary. 8. The CONTRACTOR will include the provisions of paragraphs A through G in every subcontract or purchase order altered only to reflect the property identity of the parties in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within the State of New York. The CONTRACTOR will take such actions in enforc- ing such provisions of such subcontract or purchase order as the OWNER may direct: including sanctions or remedies for non-compliance. If the CONTRACTOR becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the OWNER, the CONTRACTOR shall promptly so notify the attorney general, requesting him to intervene and to protect the interest of the State of New York. - NEW ARTICLE - ATTACHMENTS TO CONTRACT CONDITIONS Add new Article 19 ~ A I1i1CHMEN7S TO CONTRACT DOCUMENTS to the General Conditions - to read as.t()llows: - ARTICLE 19 - ATTACHMENTS TO CONTRACT DOCUMENTS - - - - - - - - - - 19.01 Schedules of Minimum Wage Rates A. Included at the end of these Supplementary Conditions (as Exhibit 19.01 A) is a set of minimum wage rates from the New York State Department of Labor covering work performed under this project. The CONTRACTOR is responsible to review these wage rates and will be responsible to pay the wages listed for each task em- ployed. Refer to the end of these supplementary conditions for the schedule of federal wage rates. In the case of a conflict between the two wage rate schedules, payment shall be made at the higher rate. B. The labor on this contract shall be performed in all respects in full accordance with the Labor Law of the State of New York. In accordance with Section 220, Subdivi- sion 3, and Section 220-D, of the Labor Law, the Industrial Commissioner has designated as the minimum hourly rates to be paid to paid to employees on this work the rates shown on the schedule included in these Supplementary Conditions, which shall be posted in a prominent and convenient place for the inspection of the CONTRACTOR's employees. C. Article 8, Section 220 of the Labor Law, as amended by Chapter 750 of the Laws of 1956, provides, among other things, that it shall be the duty of the fiscal officer to make a determination of the schedule of wages and supplements to be paid to all laborers, workmen, and mechanics employed on public work projects. the amount of supplements listed on the enclosed schedule does not necessarily include all types of prevailing supplements. D. The CONTRACTOR shall make provisions for disability benefits, workmen's com- pensation unemployment insurance. and social security as required by law. 00810-9 - E. Article 8 of the New York State Labor Law was amended on July 15, 1983 to pro- vide that wages for public projects are to be paid pursuant to the existing bargaining agreement in the area where work is to be performed. Wages are to be paid on this project as herein set forth or pursuant to the collective bargaining agreement in ef- fect and the federal wage rates, whichever is higher. ... .. 19.02AStandard Clauses for New York State Contracts .. A. Included at the end of these Supplementary Conditions (as Exhibit 19.02A) is the Standard Clause for all New York State Contracts which defines the additional re- quirements for Contracts developed for this Project. ... 19.03A Clause Required by Office of Parks, Recreation and Historic Preservation A. - Included at the end of these Supplementary Conditions (as Exhibit 19.03A) is the Clause Required by Office of Parks, Recreation and Historic Preservation which de- fines the additional requirements for Contracts developed for this Project. - 19.04B Equal Employment Opportunity Policy Statement A. Included at the end of these Supplementary Conditions (as Exhibit 19.04A) is the Equal Employment Opportunity Policy Statement which defines the EEO policy for this Project. The CONTRACTOR will be required to sign this Statement as part of the Contract requirements. .. - 19.05 Minority & Women-Owned Business Enterprise Utilization Program - A. Included at the end of these Supplementary Conditions (as Exhibit 19.05A) is a list- ing of the MWBE Utilization Program List of Subcontractors and Suppliers. In addition, a listing of State-certified MWBEs is provided. - 19.06 Stormwater Pollution Prevention Plan A. - The Stormwater Pollution Prevention Plan (SWPPP) has been prepared for this project and is included as part of the Contract Documents as Exhibit 19.06A. The CONTRACTOR shall be required to sign the SWPPP and conform to its require- ments. .. .. - ... - .. 00810-10 .. Peter M. Rivera, Commissioner - - Andrew M Cuomo. Governor - Town of Wappinger Greg Bainer, Principal Clark Patterson 900 Corporate Blvd Newburgh NY 12550 Schedule Year Date Requested PRC# 2012 07/27/2012 2012006660 - - Location Project 10# Project Type Robinson Lane Park Dugouts parking, and grading for challenger field - PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT - - Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project The schedule is effective from July 2012 through June 2013. All updates, corrections, posted on the 1 st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.stateny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. - - It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and lor to forward said schedules to the successful bidder(s), immediately upon receipt. in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covenng Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project. enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. - - - - NOTICE OF COMPLETION I CANCELLATION OF PROJECT - Date Completed Date Cancelled Name & Title of Representative - - Phone (518) 457-5589 Fax (518) 485-1870 W Averell Harriman State Office Campus Bldg 12. Room 130, Albany NY 12240 - i2bcr S18-!C' ,~ PVV 200 PVVAsk@Iaborstateny us - - General Provisions of Laws Covering Workers on Article 8 Public Work Contracts _Introduction The Labor Law requires public work contractors and subcontractors to pay laborers, workers, or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and supplements (fringe benefits) in the _locality where the work is performed Responsibilities of the Department of Jurisdiction -A Department of Jurisdiction (Contracting Agency) includes a state department, agency, board or commission: a county. city, town or village; a school district board of education or board of cooperative educational services; a sewer. water. fire. improvement and other district corporation; a public benefit corporation; and a public authority awarding a public work contract - The Department of Jurisdiction (Contracting Agency) awarding a public work contract MUST obtalll a Prevailing Rate Schedule listing the hourly rates of wages and supplements due the workers to be employed on a public work project. This schedule may be obtained by completing and forwarding a "Request for wage and Supplement Information" form (PW _39) to the Bureau of Public Work. The Prevailing Rate Schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract. Upon the awarding of the contract, the law requires that the Department of Jurisdiction (Contracting Agency) furnish the _following information to the Bureau the name and address of the contractor, the date the contract was let and the approximate dollar value of the contract. To facilitate compliance with this provision of the Labor Law, a copy of the Department's "Notice of Contract Award" form (pW 16) is provided with the original Prevailing Rate Schedule _The Department of Jurisdiction (Contracting Agency) is required to notify the Bureau of the completion or cancellation of any public work project. The Department's PW 200 form is provided for that purpose. Both the PW 16 and PW 200 forms are available for completion online - Hours No laborer, worker, or mechanic in the employ of a contractor or subcontractor engaged in the performance of any public _work project shall be permitted to work more than eight hours in any day or more than five days in any week, except in cases of extraordinary emergency. The contractor and the Department of Jurisdiction (Contracting Agency) may apply to the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular public work project - There are very few exceptions to this rule Complete information regarding these exceptions is available on the "4 Day I 10 Hour Work Schedule" form (PW 30R). ..Wages and Supplements The wages and supplements to be paid and/or provided to laborers, workers, and mechanics employed on a public work project shall be not less than those listed in the current Prevailing Rate Schedule for the locality where the work is ..performed If a prime contractor on a public work project has not been provided with a Prevailing Rate Schedule, the contractor must notify the Department of Jurisdiction (Contracting Agency) who in turn must request an original Prevailing Rate Schedule form the Bureau of Public Work Requests may be submitted by mail to NYSDOL, Bureau of Public Work, State Office Bldg. Campus, Bldg. 12, Rm. 130, Albany, NY 12240; Fax to Bureau of Public Work (518) 485-1870: or -electronically at the NYSDOL website www.laborstate.ny.us. Upon receiving the original schedule. the Department of Jurisdiction (Contracting Agency) is REQUIRED to provide complete copies to all prime contractors who in turn MUST, by law, provide copies of all applicable county schedules to _each subcontractor and obtain from each subcontractor, an affidavit certifying such schedules were received If the original schedule expired, the contractor may obtain a copy of the new annual determination from the NYSDOL website wwwlaborstate.nyus _The Commissioner of Labor makes an annual determination of the prevailing rates This determination IS In effect from July 1 st through June 30th of the following year The annual determination is available on the NYSDOL website INww.labor. state.ny.us. "payrolls and Payroll Records Every contractor and subcontractor MUST keep original payrolls or transcripts subscribed and affirmed as true under penalty of perjury Payrolls must be maintained for at least three (3) years from the proJect's date of completion At a _rnlllimum payrolls must show the following information for each person employed on a public work project Name .AdcJress Last 4 Digits of Social Security Number. Classification(s) In which the worker was employed. Hourly wage rate(s) paid Supplements paid or prOVided and Dally and weekly number of hours worked In each classification - Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within thirty (30) days after Issuance of Its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury The Department of Jurisdiction (Contracting Agency) shall collect. review for facial validity. and maintain such payrolls In addition, the Commissioner of Labor may require contractors to furnish, with ten (10) days of a request, payroll records sworn to as their validity and accuracy for public work and private work. Payroll records include, by are not limited to time cards, work description sheets. proof that supplements were provided, cancelled payroll checks and payrolls. Failure to provide the requested information within the allotted ten (10) days will result in the withholding of up to 25% of the contract. not to exceed $100.00000 If the contractor or subcontractor does not maintain a place of business in New York State and the amount of the contract exceeds $25.000.00, payroll records and certifications must be kept on the project worksite .. ... .. The prime contractor is responsible for any underpayments of prevailing wages or supplements by any subcontractor. All contractors or their subcontractors shall prOVide to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contract as well as any subsequently issued schedules A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8, Section 220-a of the Labor Law. All subcontractors engaged by a public work project contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules, shall provide to such contractor a verified statement attesting that the subcontractor has received the Prevailing Rate Schedule and will payor provide the applicable rates of wages and supplements specified therein (See NYS Labor Laws, Article 8 . Section 220-a). .. .. .. Determination of Prevailing Wage and Supplement Rate Updates Applicable to All Counties .. The wages and supplements contained in the annual determination become effective July 1 st whether or not the new determination has been received by a given contractor. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the public work contractor to use the proper rates. If there is a question on the proper classification to be used, please call the distnct office located nearest the project Any errors in the annual determination will be corrected and posted to the NYSDOL website on the first business day of each month. Contractors are responsible for paying these updated rates as well, retroactive to July 1 st When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. To the extent possible, the Department posts rates in its possession that cover periods of time beyond the July 1 st to June 30th time frame covered by a particular annual determination Rates that extend beyond that instant time period are informational ONLY and may be updated in future annual determinations that actually cover the then appropriate July 1 st to June 30th time period - - .. Withholding of Payments .. When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to payor provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract shall be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. .. When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to payor provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b and 2352 of the Labor Law to so notify the finanCial officer of the Department of Jurisdiction (Contracting Agency) that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau as sufficient to satisfy the unpaid wages and supplements. including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until there is a final determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding is instituted for review of the determination of the Commissioner of Labor. .. .. The Department of Jurisdiction (Contracting Agency) shall comply with this order of the Commissioner of Labor or of the court with respect to the release of the funds so withheld. ... Summary of Notice Posting Requirements .. The current Prevailing Rate Schedule must be posted in a prominent and accessible place on the site of the public work project The prevailing wage schedule must be encased in, or constructed of, materials capable of withstanding adverse weather conditions and be titled "PREVAILING RATE OF WAGES" in letters no smaller than two (2) inches by two (2) inches - The PutM Weel< P each job site notice must be posted at the beginning of the performance of every public work contract. on .. .. -Every employer providing workers. compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers Compensation Board in a conspicuous place on the jobsite Every employer subject to the NYS Human Rights Law must conspicuously post at its offices, places of employment. or -employment training centers, notices furnished by the State Division of Human Rights. Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notic:es furnished by the NYS Department of Labor - Apprentices Employees cannot be paid apprentice rates unless they are individually registered in a program registered with the NYS -Commissioner of Labor The allowable ratio of apprentices to journeyworkers in any craft classification can be no greater than the statewide building trade ratios promulgated by the Department of Labor and included with the Prevailing Rate Schedule An employee listed on a payroll as an apprentice who is not registered as above or is performing work outside the classification of work for which the apprentice is indentured, must be paid the prevailing Journeyworker's wage rate for -the classification of work the employee is actually performing NYSDOL Labor Law, Article 8, Section 220-3, require that only apprentices individually registered with the NYS Department of Labor may be paid apprenticeship rates on a public work project No other Federal or State Agency of -office registers apprentices in New York State Persons wishing to verify the apprentice registration of any person must do so in writing by mail, to the NYSDOL Office of Employability Development / Apprenticeship Training, State Office Bldg. Campus, Bldg 12, Albany, NY 12240 or by Fax -to NYSDOL Apprenticeship Training (518) 457-7154 All requests for verification must include the name and social security number of the person for whom the information is requested. The only conclusive proof of individual apprentice registration is written verification from the NYSDOL Apprenticeship -Training Albany Central office. Neither Federal nor State Apprenticeship Training offices outside of Albany can provide conclusive registration information It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any person is -registered in that program Furthermore, the existence or possession of wallet cards. identification cards, or copies of state forms is not conclusive proof of the registration of any person as an apprentice. Interest and Penalties - In the event that an underpayment of wages and/or supplements is found Interest shall be assessed at the rate then in effect as prescribed by the Superintendent of Banks pursuant to section 14-a of the Banking Law, per annum from the date of underpayment to the date restitution is made _ A Civil Penalty may also be assessed, not to exceed 25% of the total of wages, supplements, and interest due - Debarment - Any contractor or subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded any public work contract or subcontract with any state, municipal corporation or public body for a period of five (5) years when - _ Two (2) willful determinations have been rendered against that contractor or subcontractor and/or its successor within any consecutive six (6) year period. There is any willful determination that involves the falsification of payroll records or the kickback of wages or supplements - Criminal Sanctions Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) may be a felony punishable by fine or -imprisonment of up to 15 years, or both Discrimination -No employee or applicant for employment may be discriminated against on account of age, race. creed. color, national origin, sex, disability or marital status No contractor subcontractor nor any person acting on its behalf. shall by reason of race creed, color, disability. sex or -national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates (NYS Labor Law. Article 8. Section 220-e(a)). No contractor subcontractor nor any person acting on its behalf. shall in any manner, diScriminate agamst or intimidate -any employee on account of race creed. color disability sex. or national origin (NYS Labor Law Article S Section 220- e(b) .\ - The Human Rights Law also prohibits discrimination in employment because of age, marital status, or religion There may be deducted from the amount payable to the contractor under the contract a penalty of $50,00 for each calendar day during which such person was discriminated against or intimidated in violation of the provision of the contract (NYS Labor Law, Article 8, Section 220-e(c) ). .. .. The contract may be' cancelled or terminated by the State or municipality All monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of the anti-discrimination sections of the contract (NYS Labor Law. Article 8, Section 220-e(d) ) .. Every employer subject to the New York State Human Rights Law must conspicuously post at its offices, places of employment, or employment training centers notices furnished by the State Division of Human Rights. Workers' Compensation .. In accordance with Section 142 of the State Finance Law, the contractor shall maintain coverage during the life of the contract for the benefit of such employees as required by the provisions of the New York State Workers' Compensation Law. .. A contractor who is awarded a public work contract must provide proof of workers' compensation coverage prior to being allowed to begin work. The insurance policy must be issued by a company authorized to provide workers' compensation coverage in New York State. Proof of coverage must be on form C-1 05.2 (Certificate of Workers' Compensation Insurance) and must name this agency as a certificate holder. If New York State coverage is added to an existing out-of-state policy, it can only be added to a policy from a company authorized to write workers' compensation coverage in this state. The coverage must be listed under item 3A of the information page The contractor must maintain proof that subcontractors doing work covered under this contract secured and maintained a workers' compensation policy for all employees working in New York State. .. .. .. Every employer providing worker's compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers' Compensation Board in a conspicuous place on the jobsite .. Unemployment Insurance .. Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the New York State Department of Labor .. .. .. .. .. .. .. .. .. Peter M Rivera, Commissioner - - Andrew M Cuomo, Governor - Town of Wappinger Greg Bolner, Principal Clark Patterson 900 Corporate Blvd Newburgh NY 12550 Schedule Year Date Requested PRC# 2012 07/27/2012 2012006660 - - Location Project ID# Project Type Robinson Lane Park Dugouts, parking. and grading for challenger field - Notice of Contract Award - New York State Labor Law, Article 8, Section 220.3a requires that certain information regarding the awarding of public work contracts, be furnished to the Commissioner of Labor. One "Notice of Contract Award" (PW 16, which may be photocopied), MUST be completed for EACH prime contractor on the above referenced project. Upon notifying the successful bidder(s) of this contract enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. - - Contractor Information All information must be supplied - Federal Employer Identification Number - Name: - Address - City State Zip - Amount of Contract $ Approximate Completion Date / / Contract Type: [] (01) General Construction [] (02) HeatingNentilation [] (03) Electrical [] (04) Plumbing [] (05) Other Approximate Starting Date: / - - - Phone (518) 457-5589 Fax (518) 485-1870 W Averell Harriman State Office Campus Bldg. 12 Room 130 Albany NY 12240 - PIN 16 PWAsk@labor state ny us - - - - IMPORTANT NOTICE - - FOR - CONTRACTORS & CONTRACTING AGENCIES - - - Social Security Numbers on Certified Pavrolls - The Den2rtment of Labor is cognizant of the concerns of the potential for misuse or _ inacLjL. disclosure of social security numbers. Identity theft is a growing problem anc cc: sympathetic to contractors' concerns with regard to inclusion of this ink on payrolls if another identifier will suffice. - For . seCt work 38sons, the substitution of the use of the last four diaits of the social ,imber on certified payrolls submitted to contracting agencies on public ,ects is now acceptable to the Department of Labor. - - t,;OTE: This change does not affect the Department's ability to request and receive the entire social security number from employers during the course of its public work I prevailing wage investigations. - - - - - - - To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND - Budget Policy & Reporting Manual - 8-610 - Public Work Enforcement Fund - effective date December 7, 2005 - 1. Purpose and Scope: - This Item describes the Public Work Enforcement Fund (the Fund, PWEf) and its relevance to State agencies and public benefit corporations engaged in construction or reconstmction contracts, maintenance and repair, and announces the recently-enacted increase to the percentage or the dollar value of such contracts that must be deposited into the Fund. This item also describes the roles of the follO\ving entities with respect to the Fund: - - New York State Department of Labor (DOL). The Office of the State of Comptroller (OSC), and State agencies and public benefit corporations. 2. Background and Statutory References: - - DOL uses the Fund to enforce the State's Labor Law as it relates to contracts for constmction or reconstruction, maintenance and repair, as defined in subdivision tvvo of Section 220 of the Labor Law. State agencies and public benefit corporations participating in such contracts are required to make payments to the Fund. - Chapter 511 of the Laws of 1995 (as amended by Chapter 5 13 of the Laws of 1997. Chapter 655 of the Laws of 1999, Chapter 376 of the Laws of 2003 and Chapter 407 of the Laws 01'2005) established the Fund. - 3. Procedures and Agency Responsibilities: - The Fund is supported by transfers and deposits based on the value of contracts for constmction and reconstruction, maintenance and repair, as defined in subdivision two of Section 220 of the Labor Law, into which all State agencies and public benefit corporations enter. - Chapter 407 of the Laws or 2005 increased the amount required to be provided to this rund to .10 of one-percent of the total cost of each such contract, to be caleu lated at the time agencies or public benefit corporations enter into a new contract or if a contract is amended. The provisions of this bill became effective Allgust 2. 2005 - - - ... To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND .. OSC will report to DOL on all construction-related ("D") contracts approved during the month, including contract amendments. and then DOL will bill agencies the appropriate assessment monthly. An agency may then make a detennination if any of the billed contracts are exempt and so note on the bill submitted back to DOL. For any instance \vhere an agency is unsure if a contract is or is not exempt. they can call the Bureau of Public Work at the number noted below for a detennination. Payment by check or journal voucher is due to DOL within thirty days from the date of the billing. DOL will verify the amounts and forward them to OSC for processing. ... .. For those contracts which are not approved or administered by the Comptroller, monthly reports and payments for deposit into the Public Work Enforcement Fund must be provided to the Administrative Finance Bureau at the DOL within 30 days of the end of each month or on a payment schedule mutually agreed upon with DOL. .. .. Reports should contain the following information: Name and billing address of State agency or public benefit corporation; State agency or public benefit corporation contact and phone number: Name and address of contractor receiving the award: Contract number and effective dates; Contract amount and PWEF assessment charge (if contract amount has been amended. reflect increase or decrease to original contract and the adjustment in the PWEF charge); and Brief description of the work to be perfonned under each contract. - ... ... ... Checks and Journal Vouchers, payable to the "New York State Department of Labor" should be sent to: .. Department of Labor Administrative Finance Bureau-PWEF Unit Building 12, Room 464 State Office Campus Albany, NY 12240 - Any questions regarding billing should be directed to NYSDOL's Administrative Finance Bureau-PWEF Unit at (518) 457-3624 and any questions regarding Public Work Contracts should be directed to the Bureau of Public Work at (518) 457-5589. ... ... ... .. .. .. ... - - ~-~ - Construction Industry Fair Play Act - ~-- - - Required Posting For Labor Law Article 25-B 9 861-d - - - Construction industry elTIployers lTIUst post the .'Construction lndustry Fair Play Act" notice in a prominent and accessible place on the job site. - - Failure to post the notice can result in penalties of tIp to $1,500 for a first offense and up to $5,000 for a second offense. - - The posting is included as part of this wage ~chedule. Additional copies may be obtained from the NYS DOL website, wwwJaboLnX-.gD_Y. - - If you have any questions concerning the Fair Play Act, please call the State Labor Department toll- free at 1-866-435-1499 or elTIail us at: dol.misclassified@labor.state.ny.us . - -I ! i - I ! - - New York State Department of Labor Required Notice under Article 25-8 of the Labor Law - - ATTENTION ALL EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: YOU ARE COVERED BYTHE CONSTRUCTION INDUSTRY FAIR PLAY ACT The law says that you are an employee unless: . You are free from direction and control in performing your job AND . You perform work that is not part of the usual work done by the business that hired you AND . You have an independently established business Your employer cannot consider you to be an independent contractor unless all three of these facts apply to your work. - - .- IT IS AGAINST THE LAW FOR AN EMPLOYER TO MISCLASSIFY EMPLOYEES AS INDEPENDENT CONTRACTORS OR PAY EMPLOYEES OFF-THE-BOOKS. - Employee rights. If you are an employee: . You are entitled to state and federal worker protections such as o unemployment benefits, if unemployed through no fault of your own, able to work, and otherwise qualified o workers' compensation benefits for on-the-job injuries o payment for wages earned, minimum wage, and overtime (under certain conditions) o prevailing wages on public work projects o the provisions of the National Labor Relations Act and o a safe work environment . It is a violation of this law for employers to retaliate against anyone who asserts their rights under the law. Retaliation subjects an employer to civil penalties, a private lawsuit or both. - - - - Independent Contractors: If you are an independent contractor: . You must pay all taxes required by New York State and Federal Law. Penalties for paying off-the-books or improperly treating employees as independent contractors: - . Civil Penalty First Offense: up to $2,500 per employee. Subsequent Offense(s): up to $5,000 per employee. - . Criminal Penalty First Offense: Misdemeanor - up to 30 days in jail, up to a $25,000 fine and debarment from performing Public Work for up to one year. Subsequent Offense(s): Misdemeanor - up to 60 days in jail, up to a $50,000 fine and debarment from performing Public Work for up to 5 years. - - If you have questions about your employment status or believe that your employer may have violated your rights and you want to file a complaint, call the Department of Labor at 1(866)435-1499 or send an email todol.misclassified@labor.state.nv.us. All complaints of fraud and violations are taken seriously and you can remain anonymous. - Employer Name: - IA 999 (09/10) - - - - WORKER. NOTIFICATION - (Labor Law ~220, paragraph a of subdivision 3-a) - Effective February 24, 2008 - - This provision is an addition to the existing prevailing wage rate law, Labor Law ~220, paragraph a of subdivision 3-a. It requires contractors and subcontractors to provide written notice to all laborers, workers or mechanics of the prevailing lvage rate for their particular job classification on each pay stub *. It also requires contractors and subcontractors to post a notice at the beginning of the performance of every public work contract on each job s'ite that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers or mechanics of their right to contact the Department of Labor if he/she is not receiving the proper prevailing rate of wages and/or supplements for his/her particular job classification. The required notification will be provided with each wage schedule, may be downloaded from our web site www.labor.state.nv.us or made available upon request by contacting the Bureau of Public Work at 518-457-5589. - - - - - - - - - - * In the event that the required information will not fit on the pay shJb. an accompanying sheet or attachment of the information will suflice. ill II i I I I[ I - - - - - - THIS IS A: - - - - - - Chapter 629 of the Labor Laws of 2007: - - - - - - Contractor Name: - Project Location - PW 101 (1211) - New York State Department of Labor Bureau of Public Work Attention Employees PUBLIC WORK PROJECT If you are employed on this project as a worker, laborer, or mechanic you are entitled to receive the prevailing wage and supplements rate for the classification at which you are working. These wages are set by law and must be posted at the work site. They can also be found at: www.labor.ny.gov If you feel that you have not received proper wages or benefits, please call our nearest office,* Albany Binghamton Buffalo Garden City New York City Newburgh (518) 457-2744 (607) 721-8005 (716) 847-7159 (516) 228-3915 (212) 775-3568 (845) 568-5156 Patchogue Rochester Syracuse Utica White Plains (631) 687-4886 (585) 258-4505 (315) 428-4056 (315) 793-2314 (914) 997-9507 l For New York City government agency construction projects,. please contact the Office of the NYC Comptroller at (212) 669-4443, or www,comptroller,ny~ - click on Bureau of Labor Law, - . - - - - OSHA to-hour Construction Safety and Health Course - S1537-A - -I Effective July 18, 2008 - - .. This provision is an addition to the existing prevailing wage rate law, Labor Law 9220, section 220-h. It requires that on all public work projects of at least $250,000.00, all laborers, workers and mechanics working on the site, be certified as having successfully completed the OSHA lO-hour construction safety and health course. It further requires that the advertised bids and contracts for every public work contract of at least $250,000.00, contain a provision of this requirement. .. .. ' .. .. - .. NOTE: The OSHA 10 Legislation only applies to workers 011 a public work project that are required, under Article 8, to receive the prevailing wage. .. .. (O~. 1:2) Page] of::: - - II!! ~ IIIIiI IIIIiI Where to find OSHA to-hour Construction Course .. I. NYS Department of Labor website for scheduled outreach training at: ~~\v--1abor. st ate., ny~~f~orkerpr~~_cti onl si!.fc;t)'he,1ItWDQ-.SU _ ON SITJ;:_ CQl'Il>JJL.T A TIQ]\J,5_htm IIIIiI 2. OSHA Training Institute Lducation Centers: .. Rochester Institute of Technology OSHA Education Center Rochester. NY Donna Winter Fax (585) 475-6292 e-mail: ghvtRo({I~rit.edu (866) 385-7470 Exl. 2919 www .rit .edul~outreachJcourse. php3?C ourseID= 54 I11III IIIIiI Atlantic OSHA Training Center UMDNJ - School of Public Health Piscataway, NJ Janet Crooks Fax (732) 235-9460 e-mail: crooksie({L:umdni .edu (732) 235-9455 hUps:/ / ophp. umdn i .ecJu/wconnect/ShowSchedule.a wlJ?~~GRO U p~ A OTCO N~ 1 O~ - .. .. Atlantic OSHA Training Center University at Buffalo Buffalo, New York Joe Syracuse Fax (716) 829-2806 e-mail: mail to:i aps({v.buffalo. edu (716) 829-2 125 http://www .smbs. buffalo. edu/CENTE RS/trc/schedule OSHA. phQ .. .. .. Keene State College Manchester, NH Leslie Singleton e-mail: Isingletin(Q),keene. edu (800) 449-6742 \vw\~kec:D~edu/cQl.IJ:~es/priI1jLcourses QsIULC fm - IIIIiI 3. List of trainers and training schedules for OSHA outreach training at: .. \~'.~nv. Ou t re a c hI [(1 i n ers. 01'g - (03.12) P~lgC 2 of 2 I11III .. - - Requirements for OSHA 10 Compliance - - Chapter 282 of the Laws of 2007, codified as Labor Law 220-h took effect on July 18, 2008. The statute provides as follows: - The advertised specifications for every contract for public work of $250,000.00 or more must contain a provision requiring that every worker employed in the performance of a public work contract shall be certified as having completed an OSHA lO safety training course. The clear intent of this provision is to require that all employees of public work contractors, required to be paid prevailing rates, receive such training "prior to the performing any work on the project." - - The Bureau will enforce the statute as follows: - All contractors and sub contractors must attach a copy of proof of completion of the OSI IA 10 course to the first certified payroll submitted to the contracting agency and on each succeeding payroll where any new or additional employee is first listed. - Proof of completion may include but is not limited to: - . Copies of bona fide course completion card (Note: Completion cards do not have an expiration date.) . Training roster, attendance record of other documentation from the certified trainer pending the issuance of the card. . Other valid proof - - - ** A certification by the employer attesting that all employees have completed such a course is not sufficient proof that the course has been completed. - Any questions regarding this statute may be directed to the New York State Department of Labor. Bureau of Public Work at 518-485-5696. - - - - Pi1~e ] of J - - - WICKS Reform 2008 - (For all contracts advertised or solicited for bid on or after 7/1/08) - . Raises the threshold for public work projects subject to the Wicks Law requiring separate specifications and bidding for the plumbing, heating and electrical work. The total project's threshold would increase from $50,000 to: $3 million in Bronx, Kings, New York, Queens and Richmond counties; $1.5 million in Nassau, Suffolk and Westchester counties; and $500,000 in all other counties. - - . For projects below the monetary threshold, bidders must submit a sealed list naming each subcontractor for the plumbing, HVAC and electrical work and the amount to be paid to each. The list may not be changed unless the public owner finds a legitimate construction need, including a change in specifications or costs or use of a Project Labor Agreement (PLA), and must be open to public inspection. - - - . Allows the state and local agencies and authorities to waive the Wicks Law and use a PLA if it will provide the best work at the lowest possible price. If a PLA is used, all contractors shall participate in apprentice training programs in the trades of work it employs that have been approved by the Department of Labor (DOL) for not less than three years. They shall also have at least one graduate in the last three years and use affirmative efforts to retain minority apprentices. PLA's would be exempt from Wicks, but deemed to be public work subject to prevailing wage enforcement. - - - . The Commissioner of Labor shall have the power to enforce separate specification requirements on projects, and may issue stop-bid orders against public owners for non-compliance. - . Other new monetary thresholds, and similar sealed bidding for non-Wicks projects, would apply to certain public authorities including municipal housing authorities, NYC Construction Fund, Yonkers Educational Construction Fund. NYC Municipal Water Finance Authority. Buffalo Municipal Water Finance Authority, Westchester County Health Care Association, Nassau County Health Care Corp., Clifton-Fine Health Care Corp., Erie County Medical Center Corp., NYC Solid Waste Management Facilities, and the Dormitory Authority. - - - . Reduces from 15 to 7 days the period in which contractors must pay subcontractors. - - - - - IMPORTANT INFORMATION - Regarding Use of Form PW30R - "Employer Registration for Use of 4 Day /10 Hour Work Schedule" - - - To use the 14 Dav /10 Hour Work Schedule': - There MUST be a Dispensation of Hours (PW30) in place on the project - AND - - You MUST register your intent to work 4 / 10 hour days, by completing the PW30R Form. REMEMBER... - - The '4 Day / 10 Hour Work Schedule' applies ONLY to Job Classifications and Counties listed on the PW30R Form. Do not write in any additional Classifications or Counties. - - (Please note: For each Job Classification check the individual wage schedule for specific details regarding their 4/10 hour day posting.) - - - PW30R-Notice (03.11) NYSDOL Bureau of Public Work 1 of 1 - - Instructions for Completing Form PW30R - - "Employer Registration for Use of 4 Day / 10 Hour Work Schedule" Before completing Form PW30R check to be sure ... - - . . There is a Dispensation of Hours in place on the project. . The 4 Day 110 Hour Work Schedule applies to the Job Classifications you will be using. - . The 4 Day I 10 Hour Work Schedule applies to the County I Counties where the work will take place. Instructions (Type or Print legibly): - Contractor Information: . Enter the Legal Name of the business, FEIN, Street Address, City, State, Zip Code; the Company's Phone and Fax numbers; and the Company's email address (if applicable) - . Enter the Name of a Contact Person for the Company along with their Phone and Fax numbers, and the personal email address (if applicable) _ Project Information: . Enter the Prevailing Rate Case number (PRC#) assigned to this project - . . - . - . .. - Enter the Project Name / Type (i.e. Smithtown CSD - Replacement of HS Roof) Enter the Exact Location of Project (i.e. Smithtown HS, 143 County Route #2, Smithtown,NY; Bldgs. 1 & 2) If you are a Subcontractor, enter the name of the Prime Contractor for which you work On the Checklist of Job Classifications - o Go to pages 2 and 3 of the form o Place a checkmark in the box to the right of the Job Classification you are choosing o Mark all Job Classifications that apply * * * Do not write in any additional Classifications or Counties. *'** Requestor Information: . Enter the name of the person submitting the registration, their title with the company, and the date the registration is filled out - Return Completed Form: . Mail the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work, SOBC - Bldg.12- Rm.130, Albany, NY 12240 -DR- . Fax the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work at (518)485-1870 - - - PW30R-lnstructions (03.11) NYSDOL Bureau of Public Work 1 of 1 - - New York State Department of Labor Bureau of Public Work W. Averell Harriman State Office Campus Building 12 - Room 130 Albany, New York 12240 Phone - (518) 457-5589 Fax - (518) 485-1870 - - - I Employer Registration for Use of 4 Day /10 Hour Work Schedule I - Before completing Form PW30R check to be sure There is a Dispensation of Hours in place on the project The 4 Day /10 Hour Work Schedule applies to the Job Classifications you will be using. The 4 Day /10 Hour Work Schedule applies to the County / Counties where the work will take place - Please Type or Print the Requested Information - When completed Mail to NYSDOL Bureau of Public Work, SOBC, Bldg 12, Rm130, Albany, NY 12240 -or- Fax to NYSDOL Bureau of Public Work at (518) 485-1870 - I Contractor Information I ________~J - Company Name: FEIN: Address: - City: State: Zip Code: - Phone Number Fax Number: Email Address: Contact Person: - Phone No: Fax No: Email: - I Project Information Project PRC#: Project NamefType: - Exact Location of Project: County: - (If you are Subcontractor) Prime Contractor Name: Job Classification(s) to Work 411 0 Schedule: (Choose all that aoplv on Job Classification Checklist - Pages 2 & J1 *** Do not write in any additional Classifications or Counties*** - I Requestor Information L________~_ _____ - Name: - Title: Date: PW30R (06 -12) 1 of 4 - Job Classification Tag # Applicable Counties Check Box Carpenter - Building 1042 Clinton, Essex, Franklin D Albany, Fulton, Greene, Montgomery, Rensselaer, D Carpenter - Building 370 Schenectady, Schoharie Carpenter - Building 370n Hamilton, Warren, Washington D I -- I---~---- --_.- i D Carpenter - Building 370n Saratoga -- Carpenter - Heavy&Highway 370Saratoga Saratoga D Carpenter - Heavy&Highway 370/1042 H/H Clinton, Essex, Franklin, Hamilton D --- Albany, Fulton, Montgomery, Rensselaer, Schenectady, D Carpenter - Heavy&Highway 370H/H Schoharie, Warren, Washington Carpenter - Building 1 85 Livingston, Monroe, Ontario, Wayne, Wyoming D Carpenter - Building 281 B ICayuga,seneca,vates D I I Carpenter - Heavy/Highway 281HH Icayuga, Seneca, Yates D I -- Carpenter - Building/Heavy&Highway 280 Genesee, Niagara, Orleans, Wyoming D Carpenter - Building/Heavy&Highway 9 Erie, Cattaraugus D ~"_._--- -------- Carpenter - Heavy&Highway 66h Allegany, Chautauqua, Cattaraugus D Carpenter - Building 66 Allegany, Chautauqua, Cattaraugus D Carpenter - Building 277 CST Cortland, Schuyler, Tompkins D Carpenter - Building 277 JLS Jefferson, Lewis, St. Lawrence D -------- ___.n _ ---~--~-_._-_.._-_._. D I Carpenter - Building 277 omh Herkimer. Madison, Oneida Carpenter - Building I Onondaga D 277 On Carpenter - Building 277 Os Oswego D I D Carpenter - Heavy/Highway 277h CST Cortland, Schuyler, Tompkins Carpenter - Heavy/Highway L 277h JLS Jefferson, Lewis, St. Lawrence D -- .---- .----------- ~.._~-- i r-l I i Job Classification Checklist (Place a checkmark by all classifications that will be using the 4/10 schedule) - *** Do not write in any additional Classifications or Counties*** - - .. - .. - - .. - ... - .. .. .... .. ;Carpenter - Heavy/Highway L_ 277hOn !Onondaga L~ - PW30R (0612) 2 of 4 NYSDOL Bureau of Public Work .. - - Job Classification Checklist (Place a checkmark by all classifications that will be using the 4/10 schedule) - *** Do not write in any additional Classifications or Counties*** - Job Classification Tag # Applicable Counties Check Box Carpenter - Heavy/Highway 2770neidah Herkimer, Madison, Oneida D arpenter - Heavy/Highway 277h Os Oswego D Electrician 25m Nassau, Suffolk D ~Iew;c;an Cayuga, Chenango, Cortland, Herkimer, Madison, Oneida, [J 43 Onondaga, Oswego, Otsego, Tompkins, Wayne -~ 840Teledata [J Electrician and 840 Zl Cayuga, Onondaga, Ontario, Seneca, Wayne, Yates --~ Genesee, Livingston, Monroe, Ontario, Orleans, Wayne, D Electrician 86 Wyoming Electrician Lineman 1049Line/Gas Nassau, Suffolk D -- Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, I Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, D Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, ! Seneca, S1. Lawrence, Steuben, Sullivan, Tioga, Tompkins, d Electrician Lineman 1249a Ulster, Warren, Washington, Wayne, Wyoming, Yates Columbia, Delaware, Dutchess, Greene, Orange, Putnam, Elevator Constructor 138 Rockland, Sullivan, Ulster, Westchester Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, D Elevator Constructor 14 Orleans, Wyoming Chemung, Livingston, Monroe, Ontario, Schuyler, Seneca, D Elevator Constructor 27 Steuben, Wayne, Yates Albany, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Hamiliton, Herkimer, Montgomery, Oneida, Otsego, D Rensselaer, Saratoga, Schenectady, Schoharie, Warren, Elevator Constructor 35 Washington Broome, Cayuga, Chenango, Cortland, Delaware, Jefferson, 0 Lewis, Madison, Oneida, Onondaga, Oswego, St. Lawrence, Elevator Constructor 62.1 Tioga, Tompkins - - - - - - - - - - - - - - _ PW.30R (06.12) ~jYSDOL Bureau of Public Work 3 of 4 ~ (Place a checkmark by all classifications that will be using the 4/10 schedule) Job Classification Checklist *** Do not write in any additional Classifications or Counties*** Job Classification Tag# Applicable Counties Check Box Jefferson, Lewis, Livingston, Monroe, Ontario, Seneca, St. D Glazier 677.1 Lawrence, Wayne, Yates -- --~-----_._~-- . ----~--~_.-_.- m.~___ Broome, Cayuga, Chemung, Chenango, Cortland, Herkimer, [] Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Insulator - Heat & Frost 30-Syracuse Otsego, Schuyler, Seneca, St. Lawrence, Tioga, Tompkins --------~--_._-~- Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Cortland, Delaware, Essex, Franklin, Genesee, Jefferson, Lewis, Livingston, Monroe, D Onondaga, Ontario, Orleans, Oswego, Schuyler, Seneca, St. Laborers - Residential Lawrence, Steuben, Tioga, Tompkins, Warren, Wayne, Deconstruction, Demolition 601 Wyoming, Yates Operating Engineer - Allegany, Chemung, Genesee, Livingston, Monroe, Ontario, D Heavy& Highway 832H Schuyler, Steuben, Wayne, Yates Operating Engineer ~ D Heavy/Highway 137H/H Putnam, Westchester --_.-...~-~--_.~----------- -~_._- ---- Painter 178 B Broome, Chenango, Tioga D --- ~ -----_._.~ . -- Painter 178 E Chemung, Schuyler, Steuben D Painter 1780 Delaware,Otsego D Cayuga, Herkimer, Lewis, Madison, Oneida, Onondaga, D Painter 31 Ontario, Oswego, Seneca Painter 38.0 Oswego D 4-Buf,Nia, Allegany, Cattaraugus, Chautauqua, Erie, Genesee, D Painter Olean Livingston, Niagara, Orleans, Steuben, Wyoming Painter 4- Jamestown Cattaraugus, Chautauqua [] -_._--~- ------ -- ------- ----- _n ___...__ Painter 150 Livingston, Monroe, Ontario, Wayne, Yates D Sheetmetal Worker 46 Livingston, Monroe, Ontario, Seneca, Wayne, Yates D Albany, Columbia, Fulton, Greene, Montgomery, Rensselaer, D Teamster - Heavy&Highway 294h/h Saratoga, Schenectady, Schoharie, Warren, Washington ._~ Allegany, Cayuga, Cortland, Seneca, Steuben, Tompkins, D Teamster - Heavy&Highway 317a.hh Wayne, Yates I .- I _u-l ! I ITeamster - Heavy&Hlghway PW-30R (06 -12) 693.H/H IBroome, Chenango, Delaware, Otsego, Tioga NYSDOL Bureau of Public Work .. .. - - .. .. - - - - .. - - .. - - I[-'.J .. 4 of 4 .. .. Prevailing Wage Rates for 07/01/2012 - 06/30/2013 - Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Introduction to the Prevailing Rate Schedule - Information About Prevailing Rate Schedule This information IS provided to assist you in the interpretation of particular requirements for each classification of worker contained in the _ attached Schedule of Prevailing Rates Classification It IS the duty of the Commissioner of Labor to make the proper classification of workers taking into account whether the work is heavy and _ highway bUilding, sewer and water, tunnel work, or residential, and to make a determination of wages and supplements to be paid or provided. It is the responslbilltyof the public work contractor to use the proper rate, If there is a question on the proper classification to be used, please call the district office located nearest the project. District office locations and phone numbers are listed below Prevailing Wage Schedules are Issued separately for "General Construction Projects" and "Residential Construction Projects" on a county- _ by-county baSIS General Construction Rates apply to projects such as Buildings, Heavy & Highway, and Tunnel and Water & Sewer rates ReSidential Construction Rates generally apply to construction, reconstruction, repair, alteration, or demolition of one family, two family, row _ hOUSing or rental type units Intended for reSidential use Some rates listed in the ReSidential Construction Rate Schedule have a very limited applicability listed along with the rate Rates for occupations or locations not shown on the residential schedule must be obtained from the General Construction Rate Schedule, Please contact the local Bureau of Public Work office before using Residential Rate Schedules, to ensure that the project meets the required criteria - Paid Holidays Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work, If an employee works on a day listed as a paid holiday, this remuneration IS in addilion to payment of the reqUired prevailing rate for the work actually _ performed Overtime At a minimUm, all work performed on a public work project in excess of eight hours in anyone day or more than five days In any workweek is _ overtime. However, the specific overtime requirements for each trade or occupation on a public work project may differ, SpeCific overtime reqLllrements for each trade or occupation are contained in the prevailing rate schedules Overtime holiday pay is the premium pay that is required for work performed on specified holidays, It is only reqUired where the employee actually performs work on such holidays - The applicable holidays are listed under HOLIDAYS OVERTIME The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification _Supplemental Benefits Particular attention should be given to the supplemental benefit requirements, Although in most cases the payment or provision of supplements IS for each hour worked, some classifications require the payment or provision of supplements for each hour paid (including paid holidays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours _worked Effective Dates VVhen you review the schedule for a partiCUlar occupation, your attention should be directed to the dates above the column of rates These _ are the dates for which a given set 0 rates is effective The rate listed is valid until the next effective rate change or until the new annual determination which takes effect on July 1 of each year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements If you have any questions please contact the Bureau of Public Work or visit the New York State Department of Labor webslte IWWW labor state ny us) for current wage rate information _Apprentice Training Ratios The following are the allowable ratios of registered Apprentices to Journey-workers For example, the ratio 1.1,13 indicates the allowable initial ratio is one Apprentice to one Journeyworker. The Journeyworker must be in -place on the project before an Apprentice is allowed Then three additional Journeyworkers are needed before a second Apprentice is allowed The last ratio repeats indefinitely Therefore. three more Journeyworkers must be present before a third Apprentice can be hired. and so on _Please call Apprentice Training Central Office at (518) 457-6820 if you have any questions WJJ> Title (Trade) Boilermaker (Construction) Boilermaker (Shopi Carpenter (Bldg H&H Pile DrlveriDockbullder) Ratio - Carpe'1ter (ReSldent!a!1 Electricai (Outside \ lineman 1 1,14 1 1.13 11,14 1 1 1 3 1 1 12 - Pa~je 27 f'revailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRe Number 2012006660 Electrician (Inside) Elevator/Escalator Construction & Modernizer Glazier Insulation & Asbestos Worker Iron Worker Laborer Mason .. Millwright Op Engineer Painter Plumber & Steamfitter Roofer Sheet Metal Worker Sprinkler Fitter 1 1 1 3 11,12 1 1,13 11,13 11,14 11,13 11,14 1 1,14 11,15 1 1,13 1,13 1 1,12 1 1,13 11,12 .. - - - - If 'IOU have any questions concerning the attached schedule or would like additional information, please contact the nearest BUREAU of PUBLIC WORK District Office or wnte to - New York State Department of Labor Bureau of Public Work State Office Campus, Bldg 12 Albany NY 12240 - District Office Locations Telephone # FAX # - Bu:eau of Public Work - Albany 518-457-2744 518-485-0240 Bureau of Public Work - Binghamton 607-721-8005 607 - 721-8004 - Bureau of Public Work - Buffalo 716-847 -7159 716-847-7650 f_ureau of Public Work - Garden City 516-228-3915 516-794-3518 - Bureau of PubliC Work - Newburgh 845-568-5287 845-568-5332 Bllreau of Public Work - New York City 212-775-3568 212-775-3579 - Bdreau of Public Work - Patchogue 631-687 -4882 631-687-4904 Bureau of Public Work - Rochester 585-258-4505 585-258-4708 - pi)reaU of PubliC Work - Syracuse 315-428-4056 315-428-4671 Bureau of Public Work - Utica 315-793-2314 315-793-2514 - Bi ,reau of Public Work - White Plains 914-997 -9507 914-997 -9523 BI Jreau of Public Work - Central Office 518-457-5589 518-485-1870 .. - d - PaCje 2[' .. Prevailing Wage Rates for 07/01/2012 - 06/30/2013 _Last Published on Jul 01 2012 Dutchess County General Construction Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County 07/01/2012 Asbestos Worker - JOB DESCRIPTION Asbestos Worker ENTIRE COUNTIES' _Columbia, Delaware, Dutchess. Greene, Orange, Putnam, Rockland, Sullivan. Ulster WAGES Per hour DISTRICT 9 7/01/2012 - Asbestos Worker Removal & Hazardous Abatement Only - $ 39.30 Only for the removal of Insulation materials from mechanical systems which are not going to be scrapped - SUPPLEMENTAL BENEFITS Per hour paid -Journeyman $ 1 7 00 OVERTIME PAY -See (8 E. *Q, **T, V) on OVERTIME PAGE HOLIDAY Paid See (1) on HOLIDAY PAGE _Overtime See (2, 4. 6, 25) on HOLIDAY PAGE . Code Q applies to 4.6.& 25 ** Code T applies to 2 9-12a - Removal Only - Boilermaker 07/01/2012 JOB DESCRIPTION BOilermaker DISTRICT 4 -ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau. New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester WAGES Per Hour - 07/01/2012 Boilermaker $ 47 98 - . Repairs & Renovations SUPPLEMENTAL BENEFITS Per Hour $ 47.98 - 07/01/2012 Boilermaker -Repairs & Renovations 33% of hourly Wage Paid + $22.25 NOTE "Hourly Wage Paid" shall Include any and all premium(s) pay - Repairs & Renovation Includes replacement of parts and repairs & renovation of existing unit ..OVERTIME PAY OVERTIME PAY See (0 0) on OVERTIME PAGE HOLIDAY _Paid See !8. 16, 23 241 on HOLIDAY PAGE Overtime See (5. 6 11 12.15 25) on HOLIDAY PAGE NOTE 'Employee must work In pay week to receive Holiday Pay Page 29 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County HBoilermarker gets 4 times the hourly wage rate for working on Labor Day. ***Repairs & Renovation see (B,E,Q) on HOLIDAY PAGE HOLIDAY REGISTERED APPRENTICES 'REGISTERED APPRENTICES - - (1/2) Year Terms at the following pecentage of Boilermaker's Wage .. 1 st 2nd 3rd 4th 65% 65% 70% 75% 5th 6th 80% 85% 7th 8th 90% 95% Supplemental Benefits Per Hour .. Apprentice(s) 07/01/2012 33% of Hourly Wage Paid plus amount below .. 1 st 2nd 3rd 4th 5th 6th 7th 8th $1741 $18.10 $18.79 $19.48 $20.17 $20.86 $21.55 $22.25 .. NOTE "Hourly Wage Paid" shall includ any and all premium(s) 4-5 .. Carpenter 07/01/2012 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau. New York. Orange. Putnam. Queens. Richmond. Rockland. Suffolk. Westchester WAGES Per Hour .. 07/01/2012 .. Marine Construction: Marine Diver $ 58.95 MD.Tender 42.10 SUPPLEMENTAL BENEFITS Per Hour Paid: .. .. Journeyman $ 42.37 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: Overtime: .. See (18,19) on HOLIDAY PAGE See (5,6,10,11,13,16.18.19) on HOLIDAY PAGE .. 9-1456MC Carpenter 07/01/2012 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange. Putnam. Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour .. .. 07/01/2012 CarpeUResilient Floor Coverer $ 45.34 .. INCLUDES HANDLING & INSTALLATION OF ARTIFICIAL TURF AND SIMILAR TURF INDOORS/OUTDOORS SUPPLEMENTAL BENEFITS Per hour paid .. Floor Coverer ::; 38 58 OVERTIME PAY .. PoCie 30 .. Prevailing Wage Rates for 07/01/2012 - 06/30/2013 _Last Published on Jul 01 2012 Published by the New York State Department of Labor PRe Number 2012006660 Dutchess County See (B, E, Q) on OVERTIME PAGE HOLIDAY _Paid See (18, 19)on HOLIDAY PAGE. Paid for 1 st & 2nd yr Apprentices See (5,6,11,13,16.18,19,25) - Overtime See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE REGISTERED APPRENTICES - Wage per hour IS Pecentage of Journeyworkers Wage (1) year terms - 1 st 40% 2nd 50% 3rd. 65% 4th 80% .Supplemental benefits per hour Apprentices $ 2583 9-2287 07/01/2012 JOB DESCRIPTION Carpenter -ENTIRE COUNTIES Dutchess, Orange WAGES .per hour DISTRICT 9 07/01/2012 Building Millwright .SUPPLEMENTAL BENEFITS Per hour paid Journeyman _OVERTIME PA Y See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY HOLIDAY .Paid See (18,19) on HOLIDAY PAGE Paid See (5,6,11,13,16,18,19,25) for 1 st & 2nd yrApprentices Overtime See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES .Wages per hour $ 3511 $ 3280 (1 ') year terms at the follOWing percentage of Journeyman's wage . 1 st 55% 2nd 65% 3rd 75% 4th 95% Supplemental benefits per hour ~PPRENTICES 1st $ 2249 2nd 2446 3rd 2692 4th 30.38 9-7402 - Carpenter - Buildin~ / Heavy&Highway 07/01/2012 JOB DESCRIPTION Carpenter - Building 1 Heavy&Hlghway .ENTIRE COUNTIES Columbia. Dutchess. Orange. Sullivan. Ulster WAGES _WAGES (per hour) DISTRICT 11 07/01/2012 07/01/2013 Additional PilCi831 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Carpenter Carpenter-Floor Coverer' Dockbullder/Piled river Diver Tender Diver(WET) Diver(DRY) $ 3288 32.88 3288 32.88 55.48 34.65 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County $ 152** 152** 1.52** 152** 1.52** 152** !III !III ** To be allocated at a later date - SHIFT DIFFERENTIAL When mandated by a Government Agency irregular or off shift can be worked. The Carpenter shall receive an additional (15) percent of wage plus applicable benefits. . Note Rate DOES NOT apply in Orange or Dutchess County. On projects for removal and/or abatement of asbestos or any tOXIC or hazardous material and it is required by the employer or mandated by NYS or Federal Regulation to wear protective equipment an additional two (2) hours pay per day Including benefits on all classifications including apprentices For work on smokestacks, silos, or steeples more than fifty (50) feet high, an additional $2.00 per hour, payable from the ground up SUPPLEMENTAL BENEFITS Per hour paid Journeyworker - - $ 22.71 OVERTIME PAY See (B E. Q) on OVERTIME PAGE HOLiDA Y BUILDING. Paid Overtime. HEAVY/HIGHWAY Paid Overtime - - See ( 1) on HOLIDAY PAGE See ( 5, 6) on HOLIDAY PAGE. See ( 5, 6.16) on HOLIDAY PAGE including benefits. See ( 5, 6,16) on HOLIDAY PAGE. - REGISTERED APPRENTICES 1 Year terms at the follOWing percentage of Journeymans wage 1 st 2nd 3rd 4th 50% 60% 70% 80% - Supplemental Benefits per hour paid - Apprentices 1st term 2nd term 3rd term 4th term $ 15.10 15.10 15.10 15.10 - 11-279.2B/H&H - Electrician 07/01/2012 JOB DESCRIPTION Electrician ENTIRE COUNTIES Sullivan, Ulster DISTRICT 11 - PARTIAL COUNTIES Delaware Only in the Townships of Andes, Harpersfield, Kortwright,Stamford, Bovina, Roxbury, Middletown and those portions of Colchester and Hancock south of the East Branch of the Delaware River. Dutchess All of the county except for the towns of Fishkill,East Fishkill, and Beacon. Greene That portion of the county south of a line following the south limits of the city of Catskill in a Westerly direction from the Hudson River to Highway 23A along 23A to the road following the Little Westkill and continuing along this road to Delaware County WAGES Per hour - - 07/01/2012 - ElectriCian Wireman/Technician $ 3700** SHIFT DIFFERENTIAL On Public Work in New York State when shift work IS mandated either In the job speCifications or by the contracting _ agency the following rates apply Shift worked between 4 30pm & 1230am Shift worked between 1230alll & 830am S 4306* S 47 99* - PZ1CJe :'2 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 _ Last Published on Jul 01 2012 Published by the New York Slate Department of Labor PRC Number 2012006660 Dutchess County HOn Jobs where employees are required to work from bosun chairs, swinging scaffolds, etc.,forty (40) feet or more above the ground, or under compressed air, uSing Scottair packs, gas masks or In shafts or tunnels, they shall receive an additional $2.00 per hour above the regular straight time rate - On jobs where employees are required to have CDL, Asbestos License, Welding Certificate, or Cable Splicing shall receive an additional $ 100 above the Journeyman rate SUPPLEMENTAL .BENEFITS _ Per hour worked 07/01/2012 Journeyman $ 22.77 plus 6% of wage - OVERTIME PAY See (8 E. Q) on OVERTIME PAGE _HOLIDAY Paid See (1) on HOLIDAY PAGE Overtime See (5 6.13,15,16,25) on HOLIDAY PAGE REGISTERED APPRENTICES _ Wages (6)month terms at the following percentage of Journeyman's wage.' 1 st 2nd 3rd 4th 5th - 30% 35% 40% 45% 50% 6th 55% 7th 65% 8th 70% 9th 75% 10th 85% . Denotes average Journeyman Wireman rate of pay of all wage zones - Supplemental Benefits per hour worked 07/01/2012 1 st & 2nd term - 3rd & 4th term 5th & 6th term 7th & 8th term 9th & 10th term - $ 8 06 plus 6% of wage 10 32 plus 6% of wage 12.58 plus 6% of wage 15.99 plus 6% of wage 19.36 plus 6% of wage 11-363/2 - Electrician 07/01/2012 JOB DESCRIPTION Electrician ENTIRE COUNTIES _ Orange, Putnam, Rockland PARTIAL COUNTIES Dutchess Towns of Fishkill, East Fishkill, and Beacon WAGES - Per hour DISTRICT 11 Electrician WiremanlTechnlc!an 07/01/2012 $ 41 00" - -SHIFT DIFFERENTIAL On Public Work in New York State when shift work is mandated either in the job specifications or by the contracting agency, the following rates apply _Shift worked between 4:30pm & 1230am Shift worked between 12 30am & 830am $4775- $ 5325- HOn Jobs where employees are required to work from boatswain chairs, sWinging scaffolds, etc.,forty (40) feet or more above the ground, or _under compressed air, uSing Scottair packs, gas masks or in shafts or tunnels, they shall receive an additional $2.00 per hour above the regular straight time rate. On jobs where a CDL, Asbestos License, Welding Certificate or Cable Splicing is required an additional $100 above the Journeyman rate IS to be paid. -SUPPLEMENTAL BENEFITS Per hour worked 07/01/2012 -Journeyman $ 22 77 plus 6% of wage Page 33 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County OVERTIME PAY See (S, E, Q) on OVERTIME PAGE HOLIDAY Paid See (1) on HOLIDAY PAGE Overtime See (5, 6, 13, 15,16,25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages. .. .. .. (6)month terms at the following percentage of Journeyman's wage' 1 st 30% 2nd 35% 3rd 40% 4th 45% 5th 50% 6th 550;'(, 7th 65% 8th 70% 9th 75% 10th 85% - , Denotes average Journeyman Wireman rate of all wage zones Supplemental Benefits per hour worked 07/01/2012 .. 1st & 2nd term 3rd & 4th term 5th & 6th term 7th & 8th term 9th & 10th term $ 8.06 plus 6% of wage 10 32 plus 6% of wage 1258 plus 6% of wage 15 99 plus 6% of wage 19.36 plus 6% of wage .. .. 11-363/1 Elevator Constructor 07/01/2012 .. JOB DESCRIPTION Elevator Constructor ENTIRE COUNTIES Columbia, Dutchess. Greene, Orange, Putnam, Sullivan. Ulster PARTIAL COUNTIES Delaware Towns of Andes, Sovina, Colchester, Davenport. Deihl, Harpersfleld Hemdon, Kortright, Meredith, Middletown, Roxbury, Hancock & Stamford Rockland Only the Township of Stony Point. Westchester Only the Townships of Bedford, Lewisboro, Cortland,Mt KISCO, North Salem. Pound Ridge, Somers and Yorktown DISTRICT 1 - .. WAGES Per Hour MechaniC 07/01/2012 $ 50.11 01/01/2013 $ 5068 01/01/2014 $ 5155 01/01/2015 $ 52.51 .. Helper 70% of Mechanic Wage Rate .. u" IMPORTANT NOTICE - EFFECTIVE 04/01/2009 .... Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Thursday. NOTE - In order to use the '4 Day/1 0 Hour Work Schedule' you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form P\N30R; additionally, there must be a dispensation of hours In place on the project SUPPLEMENTAL BENEFITS Per hour worked .. .. 07/01/2012 01/01/2013 01/01/2014 01/01/2015 Journeyman/Helper $ 23.535' (')Plus 6% of gross wages if less than 5 years service (')Plus 8% of gross wages if more than 5 years service OVERTIME PAY See (0, 0) on OVERTIME PAGE _ HOLIDAY Paid See (5 6, 15, 16) on HOLIDAY PAGE Overtime See (5, 6,15,16) on HOLIDAY PAGE Note When a paid holiday falls on Saturday It shall be observed on Friday When a paid holiday falls on Sunday, it shall be observed on _ Monday $ 25.185' $26.785' $ 28.385' - REGISTERED APPRENTICES Wages per hour 0-6mo 6-12!110 2ndyr 3rd yr dth YI .. PaGe 3,1 .. Prevailing Wage Rates for 07/01/2012 - 06/30/2013 _Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County 50 % 55 % 65 % 70 % 80 % Supplemental Benefits per hour worked - Same as Journeyman/Helper 1-138 - Glazier 07/01/2012 JOB DESCRIPTION Glazier DISTRICT 9 -ENTIRE COUNTIES Bronx, Dutchess. Kings, Nassau. New York, Orange, Putnam. Queens. Richmond. Rockland, Suffolk, Sullivan. Ulster, Westchester WAGES Per hour - 07/01/2012 11/01/2012 05/01/2013 Additional Glazier $ 4775 $ 48.60 $ 1.50' -ScaffOlding $ 48.75 $ 4960 $ 1.50' - Repair & Maintenance' Glazier $ 26.50 $ 26.50 $ 1.50' - . To be allocated at a future date Repair & Malntenance- All repair & maintenance work on a particular building, _whenever performed, where the total cumulative contract value IS under $100.00000 SUPPLEMENTAL BENEFITS -Per hour paid. 07/01/2012 11/01/2012 05/01/2013 Journeyworker $ 2534 $ 25.34 $ 26.60 -Repair & Maintenance Glazier $ 15.14 $1514 $ 15.64 OVERTIME PAY _OVERTIME See (C*,D* E2, 0) on OVERTIME PAGE. . If an optional 8th hour is required to complete the entire project, the same shall be paid at the regular rate of pay. If a 9th hour is worked. then both hours or more (8th & 9th or more) will be paid at double time rate of pay. _H For Repair & Maintenance see ( B,F, P) on overtime page. HOLIDAY Paid See (1) on HOLIDAY PAGE Overtime See (4, 6,16,25) on HOLIDAY PAGE -The Following are paid holidays for the Repair & Maintenance Class New Years day, Presidents day, Memorial day, Independents day, Labor day, Thanksgiving day, Day after Thanksgiving, and Christmas day REGISTERED APPRENTICES _Wage per hour (1) year terms at the following wage rates 07/01/2012 11/01/2012 05/01/2013 Additional - 1st term 2nd term 3rd term _4th term $ 16.00 $ 23.81 $ 2859 $ 38.17 $ 16.35 $ 24.24 $ 29.10 $ 38.85 $ .60' $ 75' $ 90' $ 120' . To be allocated at a future date - Supplementai Benefits I Per hour worked) P2r~e 35 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County .. 1st term 2nd term 3rd term 4th term $ 12.07 $ 17.28 $ 1854 $ 1889 .. 9-1281 (DC9 NYC) Insulator - Heat & Frost 07/01/2012 .. JOB DESCRIPTION Insulator - Heat & Frost ENTIRE COUNTIES Dutchess. Orange. Putnam, Rockland, Westchester WAGES Per hour DISTRICT 8 .. 07/01/2012 03/27/2013 .. Insulator $ 4626 +AddltlonalH $1 52 +AddltlonalH $0.79 .. Fire Stop Work' $ 2411 . Applies on all exclusive Fire Stop Work (When contract is for Fire Stop work only). No apprentices on these contracts only Hlncrease to be allocated at a later date - Note Addilional $0.50 per hour for work 30 feet or more above floor or ground level - Note On the last working day preceding Christmas and New Years day, workers shall work no later than 12.00 noon and shall receive 8 hrs pay. .. SUPPLEMENTAL BENEFITS (per hour paid) Journeyworker Fire Stop Work Journeyworker $ 29.59 .. $1513 OVERTIME PAY OVERTIME See ( B ,E, Q, r V) on OVERTIME PAGE. - HOLIDAY HOLIDAY Paid Overtime - See ( 1 ) on HOLIDAY PAGE. See (2*,4,6,16,25) on HOLIDAY PAGE. 'Note Labor Day triple time If worked .. REGISTERED APPRENTICES ( 1 ) year terms. MEMBERS PRIOR TO MAY 28, 2012 1 st 2nd 3rd $ 28.53 $ 30.75 $ 32 97 .. 4th $ 37.40 - MEMBERS INDENTURED AFTER MAY 28,2012 1 sl 2nd 3rd 4th $ 2103 $ 25.12 $ 3297 $ 37.40 - Supplemental Benefits paid per hour paid - Apprentices 1 st term 2'ld term S 1802 19 47 - Pa~le .. Prevailing Wage Rates for 07/01/2012 - 06/30/2013 _last Published on Jul 01 2012 Published by the New York State Department of labor PRC Number 2012006660 Dutchess County 3rd term 4th term 20.91 2381 8-91 - Ironworker 07/01/2012 ..JOB DESCRIPTION Ironworker ENTIRE COUNTIES Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster WAGES -Per hour DISTRICT 11 07/01/2012 Structural - Reinforcing' Ornamental Chain link Fence $ 42 20 42.20 42.20 4220 - Shift Work any Irregular or off shift shall be paid 8 hours for 7 hours work SUPPLEMENTAL BENEFITS -Per hour paid Journeyman $ 30.15 _OVERTIME PAY OVERTIME See ( W, EH 0, V) on OVERTIME PAGE 'Note Double Time after 10 hours Monday thru Friday. "Note On Saturdays, double time after 8 hours -HOLIDAY Paid See (1) on HOLIDAY PAGE Overtime See (5 6,16) on HOLIDAY PAGE REGISTERED APPRENTICES -Wages - (1) year terms at the following wage 1st 2nd $2110 $2532 3rd $ 2954 4th $ 33.76 Supplemental Benefits per hour worked - 1 st year 2nd year 3rd year .. 4th year $ 2593 2677 27.62 28.46 11-41 7 1..eJ)()rer - B~ildinq 07/01/2012 - JOB DESCRIPTION laborer - Building DISTRICT 11 ENTIRE COUNTIES Dutchess -PARTIAL COUNTIES Columbia Only the Townships of Greenport. Claverack, Philmont.Clermont, Germantown, Livingston, Hillsdale, Gallatin, Copake, Ancram Taghkanic and the City of Hudson _WAGES 'ALL WORK RELATED WITH TOXIC OR ANY ASBESTOS OR HAZARDOUS MATERIAL' WAGES (per houri Premium $ 35.50 06/01/2013 Additional $ 1.80' - 07/0112012 ..; To be allocated at a later date Shift Differential On all Govermenta! mandated Irregular or off shift work an additional 25';/( of vvage IS reqUired Pn~le 37 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRe Number 2012006660 Dutchess County .. SUPPLEMENTAL BENEFITS Per hou r worked Journeyman $21.85 OVERTIME PAY See (8, E, Q) on OVERTIME PAGE Double time paid after the eigth hour on Saturday HOLIDAY Paid Overtime .. .. See (1) on HOLIDAY PAGE See (5. 6) on HOLIDAY PAGE 11-17tox Laborer - Buildin~ - 07/01/2012 JOB DESCRIPTION Laborer - Building ENTIRE COUNTIES Dutchess PARTIAL COUNTIES Columbia Only the Townships of Ancram. Claverack, Clermont. Copake. Gallatin, Germantown. Greenport. Hillsdale. Hudson, Livingston, Phi/mont and Taconic DISTRICT 1 - - WAGES GROUP # 1 All Laborers except those listed in Group 2 - GROUP # 2 Blaster, Laser Beam OpeL, Asphalt Rakers, & Drilling Equipment Only Where a Separate Air Compressor Unit Supplies Power .. WAGES per hour 07/01/2012 06/01/2013 Additional 06/01/2014 Additional - GROUP # 1 GROUP # 2 $ 28.60 30.95 $ 1.60* $ 1.60* - Note Any job requiring Hazwopper Certification will pay $100 above job classification wage rate. (*)Ta be allocated at a later date. SUPPLEMENTAL BENEFITS Per hour worked - Journeyman $ 22.30 - OVERTIME PAY See (8, F, R) on OVERTIME PAGE HOLIDAY Paid See (1) on HOLIDAY PAGE Overtime See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour .. 07/01/2012 .. 06/01/2013 Additional 06/01/2014 Additional 1000 Hour terms 1st term 2nd term 3rd term 4th term $ 16.00 1865 21.30 24.45 $ 160* $ 1.60* .. .. Note: Any job requiring Hazwopper Certification will pay $100 above job classification wage rate (*)To De allocated at a later date .. Supplemental Benefits per hour worked Apprentices S 12.60 '1-1000 - Page 38 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County 07/01/2012 JOB DESCRIPTION Laborer - Heavy&Hlghway -ENTIRE COUNTIES Dutchess PARTIAL COUNTIES Columbia: Only the Townships of Ancram, Claverack, Clermont, Copake,Gallatin, Germantown, Greenport, Hillsdale, Hudson, Livingston, -Philmont and Taconic DISTRICT 1 WAGES GROUP,# 1 _Flagperson, Placing & maintenance of all flares, cones, lights, signs, barricades, traffic patterns and all reflective type materials for traffic control. custodial work, traffic directors, temporary heat or light tenders, tool room GROUP # 2 _All Other Classifications not listed in Group # 1 or Group # 3 GROUP # 3 Asphalt Raker, Asphalt Screedman, Drilling Equipment Only Where a Separate Air Compressor Unit Supplies Power, Laser Beam Operator -Metal Form Setters/Aligners (sidewalk), Blaster, WAGES per hour - Group # 1 Group # 2 -Group # 3 $ 25,60 29,36 30,36 05/01/2013 An Additional $ 140* 140* 140* 07/01/2012 Note All employees working on a project that requires Hazwopper Certification Will receive $100 per hour over Job c1assiflcalion rate of pay _All employees who work an Irregular work day that starts after 900 AM on a governmental mandated schedule shall be paid an additional 15% per hour. (*)To be allocated at a later date, _SUPPLEMENTAL BENEFITS Per hour worked & paid Holidays Journeyman $ 22 35 -OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLlDA Y _Paid: See (5, 6,16,25) on HOLIDAY PAGE Overtime See (5, 6, 16,25) on HOLIDAY PAGE Note Whenever a holidays falls on Sunday, it will be observed on the following Monday REGISTERED APPRENTICES r.NVages per hour 1000 hour year terms -1st Term 2nd Term 3rd Term 4th Term - $ 15.55 1825 21,00 24,20 Note All employees working on a project that requires Hazwopper Certification Will receive $100 per hour over Job claSSification rate of pay All employees who work an Irregular work day that starts after 900 AM on a governmental mandated schedule shall be paid an additional 15% per hour, - Supplemental Benefits per hour worked & paid Holidays Apprentices - $ 12,65 1-1000h Laborer - Heavy&Hiqhway -JOB DESCRIPTION Laborer - Heavy&Hlghway 07/01/20,11- DISTRICT 11 Page 39 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County - ENTIRE COUNTIES Dutchess PARTIAL COUNTIES Columbia Only the Townships of Greenport, Philmont. Germantown Livingston, Hillsdale, Taghkanic, Gallatin, Copake, Ancram, City of Hudson, .. WAGES *ALL WORK RELATED WITH TOXIC OR ANY ASBESTOS OR HAZARDOUS MATERIAL*(Five feet or more outside of building foundation line) , . WAGES (per hour) - 07/01/2012 Protective Gear Not ReqUired (Class 2) $ 33,70 - Protective Gear ReqUired (Class 3) $ 37,60 - SHIFT DIFFERENTIAL On all NYS DO T or other Governmental mandated Irregular or off shift work, an additional 15% of wage on straight time pay SUPPLEMENTAL BENEFITS Per hour paid Journeyman - $ 21,30 - OVERTIME PAY See (B, E, Q, *S) on OVERTIME PAGE HOLIDAY Paid See (5 6,13,15,25) on HOLIDAY PAGE Overtime See (*1) on HOLIDAY PAGE *NOTE If Saturday Holiday is worked, Code S applies REGISTERED APPRENTICES Wages per hour ... .. 1000 hour year terms Pre 2011 shaillnclude all apprentices enrolled before January 1 2011 - 1 st term 2nd term 3rd term 4th term $ 18,60 22,26 2591 2956 .. Post 2011 shall Include all apprentices enrolled on or after January 1 2011 1st term $16,92 2nd term 19 99 3rd term 23,07 4th term 26,14 ... .. Supplemental Benefits per hour paid Apprentice $ 15,60 11-17tox .. Laborer - Tunnel 07/01/2012 JOB DESCRIPTION Laborer - Tunnel ENTIRE COUNTIES Dutchess, Putnam PARTIAL COUNTIES Columbia Columbia Only the Townships of Ancram, Claverack, Clermont, Copake,Gallatin, Germantown, Greenport, Hillsdale, Hudson, LiVingston Philmont and Taconic DISTRICT 1 ... - WAGES Tunnel Group #1 All clearing, tempoary and permanent roadsand parking areas, landscaping. erosion controll, traffic maintenance, flagging, dump area,and tempoary lighting above the tunnel operations ... Tunnel Group #2 All laborers Involed In tunnel operations. including but not limited to subways. sewer, water, vehicular and utility tunnels, and shafts, manholes and access way In connection therewith ... Page 40 lilt Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 - Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County Group #1 -Group #2 $ 29.36 38.96 05/01/2013 Additional $ 140* 1.66* WAGES per hour 07/01/2012 Note All employees working on a project that requires Hazwopper Certification will receive $100 per hour over job classification rate of pay All employees who work an irregular work day that starts after 9:00 AM on a governmental mandated schedule shall be paid an additional -15% per hour. (*) To be allocated at a later date _SUPPLEMENTAL BENEFITS Per hour worked & paid Holidays Journeyman $22.05 -OVERTIME PAY See (B. E. E2, 0, V) on OVERTIME PAGE HOLIDAY Paid See (5, 6, 16, 25) on HOLIDAY PAGE -Overtime See (5, 6,16,25) on HOLIDAY PAGE Note Whenever a holidays falls on Sunday, it will be observed on the following Monday. REGISTERED APPRENTICES _1000 hour year terms 1st Term 2nd Term -:3rd Term 4th Term $ 15.55 1825 2100 24.20 Note All employees working on a project that requires Hazwopper Certification will receive $100 per hour over job classification rate of pay -All employees who work an irregular work day that starts after 900 AM on a governmental mandated schedule shall be paid an additional 15% per hour. Supplemental benefits per hour worked & paid Holidays - Apprentices $12.65 1-1 0001\11/ - Lineman Electrician 07/01/2012 JOB DESCRIPTION Lineman Electrician DISTRICT 6 .ENTIRE COUNTIES Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, Yates - WAGES Per hour ~OTE Includes Teledata Work within Ten feet of High Voltage Transmission Lines Below rates applicable on all overhead and underground distribution and maintenance work, and all overhead and underground transmiSSion line work and the installation of fiber optic cable where no other construction trades are or have been involved. (1401.01) - 07/01/2012 Lineman lTechiclan -^Jelder/Cable Splicer Digging Machine Operator Tractor Trailer Driver 3roundman/Truck Driver ~V1echanic 1 st Class Flagman $ 42.72 42.72 3845 36.31 34.18 34.18 25.63 !\ddltlonal S100 per hour for entire crew when a helicopter IS used - Page 41 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County .. Below rates applicable on all electrical sub-stations, switching structures, fiber optiC cable and all other work not defined as "Utility outside electrical work" (14,02.01A) lIneman/T ech nlcian Cable Splicer pipe type cable Certified Welder pipe type Digging Machine Operator Tractor Trailer Driver MechaniC 1 st Class Groundman/Truck Driver Flagman $ 4272 46.99 4486 38.45 36.31 34 18 34.18 2563 .. - - Additional $1 00 per hour for entire crew when a helicopter IS lIsed Below rates apply on sWitching structures, maintenance proJects, railroad catenary Install/malnt, third rail installation. bonding of rails and pipe type cable and Installation of fiber optiC cable (14 0201 BJ - L I nemanlT ech n ICla nlWe Ide r Digging Machine Operator Tractor Trailer Driver GroundmanlT ruck Driver Mech. 1st Class Flagman Certified WelderPipe Type Cable Cable Splicer pipe type cable $ 4401 3961 37.41 3521 3521 26.41 4621 48.41 .. - Additional $100 per hour for entire crew when a helicopter IS used - Below rates applicable on all overhead and underground transmiSSion line work & fiber optiC cable where other constructJon trades are or have been Involved. This applies to transmission Ime work only, not other construction. (140301) Lineman/TechlWelder Cable splicer Digging Machine Operator Tractor Trailer Dllver GroundmanlTruck Driver MechaniC 1 st Class Flagman - $ 45.23 45.23 4071 3845 36 18 36.18 27 14 - - Additional $100 per hour for entire crew when a helicopter is used H IMPORTANT NOTICE - EFFECTIVE 04/01/2009 ** Four (4), ten (10) hour days may be worked at straight time dUllng a week, Monday thru Thursday Friday may be used as a make-up day .. NOTE - In order to use the '4 Day/10 Hour Work Schedule,' you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30R; additionally, there must be a dispensation of hours in place on the project SUPPLEMENTAL BENEFITS Per rwur worked Including holidays listed below .. The following SUPPLEMENTAL benefits apply to all claSSIfication categories of CONSTRUCTION, TRANSMISSION and DISTRIBUTION. - $ 18.25 .plus 7.5% of hourly wage paid .. OVERTIME PAY See (B, E, Q,) on OVERTIME PAGE, Double time for all emergency work designated by the Dept. of Jurisdiction. .. NOTE THE FOLLOWING RATES WILL APPLY ON ALL CONTRACTING AGENCY MANDATED SHIFTS OF AT LEAST FIVE (5) DAYS DURATION WORKED BETWEEN THE HOURS LISTED BELOW 1 st shift 800 AM to 430 PM REGULAR RATE - 2nd shift 430 PM to 1 OOAM REGULAR RATE PLUS 173 O/n 3rd shift 1230 AM to 900 AM REGULAR RATE PLUS 31.4 - Pa~le 42 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County - HOLIDAY Paid Overtime - See (5,6,8.13.25) on HOLIDAY PAGE plus Gov. of NYS Election Day. See ( 5, 6. 8.13,25) on HOLIDAY PAGE plus Gov. of NYS Election Day SUPPLEMENTS for holidays paid at straight time REGISTERED APPRENTICES ... ( 1000) hr terms at the follOWing percentage of Journeyman's wage. 1 st 2nd 3rd 4th 5th 60% 65% 70% 75% 80% 6th 85% 7th 90% . Supplemental Benefits per hour worked The following SUPPLEMENTAL benefits apply to all classification categories of CONSTRUCTION, TRANSMISSION and DISTRIBUTION . $ 18.25 'plus 75% of hourly wage paid -'NOTE The 75% is based on the hourly wage paid, straight tllne rate or premium rate. 6-1249a - Lineman Electrician - Teledata 07/01/2012 JOB DESCRIPTION lineman Electrician - Teledata DISTRICT 6 ENTIRE COUNTIES .Albany, Allegany, Broome, Cattaraugus, Cayuga. Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee. Greene, Hamilton. Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida. Onondaga Ontario. Orange, Orleans, Oswego. Otsego, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schohane, Schuyler Seneca, St Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates .WAGES Per hour FOR WORK OUTSIDE BUILDING PROPERTY LINES. ... 07/01/2012 01/01/2013 01/01/2014 Cable Splicer ...Installer/Repalrman Teledata Lineman Technician/Equip Oper Groundman $ 27.99 2657 2657 2657 14.09 $ 28.55 27.10 27.10 27.10 14.37 $ 29.12 27.64 27.64 27.64 1466 . NOTE EXCLUDES Teledata work within ten feet of High Voltage (600 volts and over) transmission lines. For this work please see LINEMAN. SUPPLEMENTAL BENEFITS "'per hour worked ... $ 443 'plus 3% of hourly wage paid $ 4 43 'plus 3% of hourly wage paid $ 4.43 'plus 3% of hourly wage paid 'NOTE The 3% is based on the hourly wage paid straight time rate or premium rate -OVERTIME PAY See (B. E, Q) on OVERTIME PAGE HOLlDA Y Paid -Overtime See (1) on HOLIDAY PAGE See (5, 6, 16) on HOLIDAY PAGE 6-1249L T - Teledata Lineman Electrician - Traffic Signal Lighting 07/01/2012 - JOB DESCRIPTION Lineman ElectriCian - Traffic Signal Lighting ENTIRE COUNTIES :::olumbla Dutchess. Orange Putnam. Rockland. Ulster - WAGES DISTRICT 6 Page 43 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 last Published on Jul 01 2012 Published by the New York State Department of Labor PRe Number 2012006660 Dutchess County .. Per hour For all Lighting and Traffic Signal Systems. 07/01/2012 - Lineman/Technician Certified Welder Digging Machine Tractor Trailer driver Groundman Truck Driver Mechanic 1 st Class Flagman $ 39.50 4148 3555 33.58 31.60 3160 2370 ... .. Above rates applicable on all lighting and Traffic Signal Systems and the Installation, testing, operation, maintenance and repair of all traffic control and Illumination proJects, traffic monitoring systems road weather Information systems and the Installation of Fiber Optic Cable .. SUPPLEMENTAL BENEFITS Per hour worked .. All classifications $ 18 25 'plus 7% of hourly wage paid .. 'NOTE' The 7% is based on the hourly wage paid, straight time rate or premium rate Supplements paid at STRAIGHT TIME rate for holidays .. OVERTIME PAY See (B, E, Q) on OVERTIME PAGE. Note' Double time for all emergency work deSignated by the Dept of Jurisdiction. NOTE THE FOllOWING RATES WILL APPLY ON ALL CONTRACTING AGENCY MANDATED SHIFTS OF AT LEAST FIVE (5) DAYS DURATION WORKED BETWEEN THE HOURS LISTED BELOW ... 1 ST SHIFT 2ND SHIFT 3RD SHIFT 800 AM TO 430 PM REGULAR RATE 430 PM TO 100 AM REGULAR RATE PLUS 173% 1230 AM TO 900 AM REGULAR RATE PLUS 3140;(, .. HOLIDAY HOLIDAY. Paid Overtime .. See ( 5,6,8,13,25) on HOLIDAY PAGE and Gov of NYS Election Day See ( 5, 6, 8, 13, 25) on HOLIDAY PAGE and Gov of NYS Election Day REGISTERED APPRENTICES WAGES (1000) hr terms at the follOWing percentage of Journeyman lineman/Technician wage. 1st 2nd 3rd 4th 5th 6th 7th 60% 65% 70% 75% 80% 85% 90% ... - SUPPLEMENTAL BENEFITS. Same as Journeyman/Technician 6-1249aReg8L T Lineman Electrician - Tree Trimmer 07/01/2012 ... JOB DESCRIPTION Lineman Electrician - Tree Trimmer DISTRICT 6 ENTIRE COUNTIES Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua Chemung, Chenango Clinton. Columbia, Cortland. Delaware, Dutchess, Erie, Essex, Franklin, Fulton Genesee, Greene, Hamilton. Herkimer. Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam. Rensselaer, Rockland, Saratoga, Schenectady, Schoharie. Schuyler, Seneca, St Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, Yates WAGES Per hour ... ... Applies to line clearance, tree work and right-of-way preparation on all new or existing energized overhead or underground electrical, telephone and CATV lines ThiS also would include stump removal near underground energized electrical lines. Including telephone and CA TV lines ... 07/01/2012 ... Page 44 .. "revadlng Wage Rates for 07/01/2012 - 06/30/2013 __ast Published on Jul 01 2012 Tree Tnmmer ::qulp Operator Vlechanlc -rruck Driver Groundman ;:Iag person - SUPPLEMENTAL BENEFITS Per hour worked - $ 22 08 19.48 19.48 16.46 1351 9.62 $ 788 'plus 3% of hourly wage paid Supplements palc! at STRAIGHT TIME rate for holidays - 'NOTE. The 3",1" IS based on the hourly wage paid, straight time rate or premium rate DVERTIME PAY -See (B E. Q) on OVERTIME PAGE HOLIDAY Paid _:Jvertime See (5,6,8 15. 16,25) on HOLIDAY PAGE See (5, 6.8.15.16,25) on HOLIDAY PAGE Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County 6-1249TT Mason - Buildinq 07/01/2012 - JOB DESCRIPTION Mason - BUilding ENTIRE COUNTIES Dutchess, Sullivan. Ulster -VVAGES Per hour BUilding - Tile, Marble & Terrazzo Finisher SUPPLEMENTAL BENEFITS -.Journeyman Per Hour :Jvertime' -Overtime" 07/01/2012 $ 3828 07/01/2012 $ 21 .48 30 61 . 39.23*' 12/01/2012 Additional $ 1 15 , Applies to work done on Weekdays and Saturdays H Applies to work done on Sundays, Holidays,and more 10 on Saturdays - OVERTIME PAY See (A E 01 on OVERTIME PAGE _HOLIDAY Paid Overtime See (1) on HOLIDAY PAGE See (56.8.10.11.15.16) on HOLIDAY PAGE DISTRICT 9 06/01/2013 Additional $ 125 9-7/88B-tf - Mason - Buildinq 07/01/2012 JOB DESCRIPTION Mason - Building -ENTIRE COUNTIES Dutchess, Sullivan, Ulster WAGES Per hour - BUilding Tile. Marble.& - Terrazzo Mechanic/Setter - 07/01/2012 S 43 27 Page 45 12/01/2012 Additional S 1 50' DISTRICT 9 06/01/2013 Additional S 1 50' Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County . To be allocated at a future date .. SUPPLEMENTAL BENEFITS Per Hour Journeyman: Overtime' Overtime** $ 25.79 35.17 44.54 .. . Applies to work done on Weekdays & Saturday ** Applies to work done on Sunday & Holidays, & over 10 hours on Saturdays OVERTIME PAY See (B, E, 0) on OVERTIME PAGE HOLIDAY Paid See (1) on HOLIDAY PAGE Overtime See (56,11,15,16,25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour. .. .. .. (750 hour) terms at the following wages 1st $21.63 2nd $25.05 3rd $27.70 4th $30.36 .. 5th 6th 7th 8th $32.73 $35.16 $37.95 $4222 .. 5th 6th 7th 8th $15.61 $16.64 $2075 $23.39 - 9-7/52B 07/01/2012 - DISTRICT 11 - Supplemental Benefits (per Hour): 1st $12.90 2nd $12,93 3rd $13,74 4th $14.53 Mason - Buildin~ JOB DESCRIPTION Mason - Building ENTIRE COUNTIES Dutchess, Sullivan, Ulster PARTIAL COUNTIES Orange Entire county except the Township of Tuxedo WAGES Per hour 07/01/2012 - 06/01/2013 Bricklayer Cement Mason Bldg Plasterer/Stone Mason Pointer/Caulker $ 37,53 37.53 3753 37.53 $ 37,57 3757 37.57 3757 .. Additional $100 per hour for power saw work Additional $0 50 per hour for swing scaffold or staging work .. SHIFT DIFFERENTIAL When shift work is mandated or required by state, federal, county, local or other governmental agency contracts, the following rates apply .. Second shift an additional 15% of wage plus benefits to be paid Third shift an additional 25% of wage plus benefits to be paid SUPPLEMENTAL BENEFITS Per hour paid .. Journeyman OVERTIME PAY Cement Mason All Others HOLIDAY Paid Overtime $ 27.20 $ 2813 - See ( D, E2, 0 ) on OVERTIME PAGE. See ( B, E, E2, 0 ) on OVERTIME PAGE .. See (1) on HOLIDAY PAGE See (5 6) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour .. Page 46 .. Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 - Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County 750 hour terms at the following percentage of Journeyman's wage -1st 50% 2nd 55% 3rd 60% 4th 65% 5th 70% 6th 75% 7th 80% 8th 85% Supplemental Benefits per hour paid - 750 hour terms at the following percentage of Journeyman supplements 1 st 2nd 3rd 4th 5th 6th 50% 55% 60% 65% 70% 75% - 7th 80% 8th 85% Apprentices Indentured before September " 2009 receive full Journeyman benefits "-5du-b - Mason - Heavy&Hiqhway 07/01/2012 JOB DESCRIPTION Mason - Heavy&Hlghway _ENTIRE COUNTIES Dutchess, Sullivan, Ulster PARTIAL COUNTIES Orange. Entire county except the Township of Tuxedo -WAGES Per hour DISTRICT 11 07/01/2012 06/01/2013 - Bricklayer Cement Mason Marble/Stone Mason _Plasterer Pointer/Caulker $ 3803 3803 3803 3803 3803 $ 38 07 3807 3807 3807 3807 Additional $1 00 per hour for power saw work _Additional $0 50 per hour for sWing scaffold or staging work SHIFT DIFFERENTIAL When shift work IS mandated or required by state, federal, county, local or other governmental contracts, the follOWing rates apply - Second shift a n additional 15% of wage p Ius benefits to be paid Third shift an additional 25% of wage plus benefits to be paid SUPPLEMENTAL BENEFITS -Per hour paid Journeyman $ 27.20 $ 2813 OVERTIME PAY ..See (B, 0) on OVERTIME PAGE HOLlDA Y Paid See (5 6 15.25) on HOLIDAY PAGE Overtime See (5 6 15 25) on HOLIDAY PAGE -REGISTERED APPRENTICES Wages per hour _750 hour terms at the following percentage of Journeyman's wage 1 st 50% 2nd 55% 3rd 60% 4th 65% 5th 70% 6th 75% 7th 80% 8th 85% ... Supplemental Benefits per hour paid 750 hour terms at the follOWing percentage of Journeyman supplements _1 st 2nd 3rd 4th 5th 6th 50% 55% 60% 65% 70% 75% 7th 80% 8th 850/, Apprentices Indentured before September 1 2009 receive full Journeyman benefits 11-5d u-H/H - Page 47 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County Operatinq Enqineer - Buildinq ... 07/01/2012 JOB DESCRIPTION Operating Engineer - Building ENTIRE COUNTIES Putnam. Westchester PARTIAL COUNTIES Dutchess ('NOTE This descnption is in effect up to 08/31/2006) 'South of a West/East line through Dutchess County starting at the Northern Boundary of the City of Poughkeepsie ("NOTE ThiS change takes effect On 09/01/2006)HThe part of Dutchess (defined by the northern boundary line of City of Poughkeepsie, then due east to Route 115, then north along Route 115 to Bedell Road, then east along Bedell Road to VanWagner Road, then north along VanWagner Road to Bower Road. then east along Bower Road to Rte. 44, and along Rt. 44 east to route 343, then along route 343 east to the northern boundary of Town of Dover PlainS, and east along the northern boundary of Town of Dover Plains to the border line of the State of Connectlcul.and bordered on the west by the middle of the Hudson River) DISTRICT 8 .. ... filii WAGES GROUPI Cranes(AII Types up to 49 tons). Boom Trucks. Cherry Pickers. Clamshell Crane, Derrick, Dragline. Frankl Pile Rig or similar. High lift (Lull or similar) with crane attachment and winch used for hoisting or lifting, Pile Drivers, Potain and similar. - Cranes (All types 50-99 tons). Convenlional and Hydraulic ... Cranes (All types 100 tons and over), Tower, Climbing, Convenlional, Hydraulic GROUP I-A Barber Green Loader-Euclid Loader, Bulldozer, Carrier-Trailer Horse, Concrete Cleaning Decontamination Machine Operator,Concrete-Portable Hoist, Conway or Similar Mucking Machines, Elevator & Cage, Excavators all types, Front End Loaders, Gradall, Shovel, Backhoe, etc.(Crawler or Truck), Heavy Equipment Robotics Operator/Mechanic. Hoist Engineer-Material. Hoist Portable Mobile Unit, HOist-Single, Double or Triple Drum, HOrIZontal Directional Drill Locator, Horizontal Directional Drill Operator, and Jersey Spreader, Letourneau or Tournapull(Scrapers over 20 yards Struck), Lift Slab Console. etc, Lull HiLift or Similar. Maintenance Engineer, Master EnVIronmental Maintenance Mechanics. Mucking Machines Operator/Mechanic or Similar Type, Overhead Crane, Pavement Breaker(Air Ram), Paver(Concrete), Post Hole Digger, Power House Plant, Road Bonng Machine, Road Mix Machine, Ross Carrier and Similar Machines, Rubber tire double end backhoes and Similar machines. Scoopmobile-Tractor-Shovel Over 15 yards, Shovel (Tunnels Side Boom. Spreader (Asphalt Telephies(Cableway), Tractor Type Demolition Equipment, Trenching Machines-Vermeer Concrete Saw Trencher and Similar, Ultra High Pressure Waterjet Cutting Tool System. Vacuum Blasting Machine operator/mechanic, Winch Truck A Frame). - - ... ... - GROUP I-B Compressor (Steel Erection), Mechanic (Outside All Types, Negative Air Machine (Asbestos Removal) Pulse Meter, Push Button (Buzz Box), Elevator, Welder. ... GROUP II Bulldozer D6 and Under Compactor Self-Propelled, Grader. Machines Pulling Sheep's Foot Roiler Roller 4 ton and over, Scrapers-20 yards Struck and Under. Vibratory Rollers. etc ... GROUP III-A Asphalt Plant. Boiler (High Pressure). Concrete Mixing Plants. Concrete Pump, Fireman, Forklift, Forklift (Electnc) Joy Drill or similar Tractor Drilling Machine, Loader-1 1/2 yards and under, Locomotive (All Sizes), MixerConcrete-21 E and over, Portable Asphalt Plant, Portable Batch Plant, Portable Crusher. Quarry Master, StoneCrusher, Well Drilling Machine. Well Point System Concrete Buggy, One Yard and Up Ride on Dumper, Benford or Similar,Bobcat - ... GROUP III-B: Compressor Over 125 cu. Feet, Conveyor Belt Machine Regardless of Size. Compressor Plant. Ladder HOist, Lighting Unit (Portable & Generator), Stud Machine, Welding Machine (Steel Erection & Excavation). - GROUP IV-A Air Tractor Dnll. Batch Plant, Bending Machine, Concrete Breaker. Concrete Spreader Curb Cutter Machine. Farm Tractor (all types) Finishing Machine-Concrete. Matenal Hopper-sand stone-cement. Mlxer-Concrete-Under 21 E. Mulching Grass Spreader Pump-Gypsum etc. Fine Grading Machine. Roller under 4 Ton Hepa Vac Clean Air Machine. Spreading - ... PiJge 48 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 _ Last Published on Jul 01 2012 and Fine Grading Machine. Steel Cutting Machine, Siphon 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 for -Water, Sewer, Gas etc. Pump-Plaster-Grout-Fireproofing Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County GROUP IV-B Compressor to 125 feet, Dust Collector. Heater all types. Pump, Pump Station (Watei and Sewer). Steam Jenny. Sweeper. Chipper. Mulcher - GROUP V-A Concrete Saw. Oiler Fuel Truck. Oiler Grease Truck _GROUP V-B MechaniCS Helper. Oiler, Stock Attendant. Paint Compressor. Welder's Helper. Motorized Roller (walk behind) GROUP VI-A Master Mechanic. Assistant Master Mechanic, Hellcoper HOist _Operator. Helicopter Pilot, Helicopter Signal Man. Welder Certified GROUP VI-B Utility Man. Warehouse Man. Second Engineer. Cable Splicer - WAGES (per hour) 07/01/2012 07/01/2013 07/01/2014 - GROUP I Cranes- up to 49 tons $ 53.65 55.10 56.58 Cranes- 50-99 tons 55.65 5710 5858 - Cranes- 100 tons and over 6364 65.30 6701 GROUP I-A 4692 48.17 4942 GROUP I-B 4321 44.35 45.47 GROUP II 4526 4645 47.65 - GROUP III-A 43.58 44.73 45.87 GROUP III-B 41.47 42.55 43.62 GROUP IV-A 43.14 44.27 4540 GROUP IV-B 36.16 3709 37.99 - GROUP V-A 41.22 42.30 43.37 GROUP V-B 3904 4006 41.05 GROUP VI-A Master Mechanic 4900 50.32 51 65 - Asst.Master Mechanic 41.80 4290 43.99 Helicopter Hoist Oper 47.48 48.75 5003 Helicopter Pilot 54.17 5564 5714 Helicopter Signal Man 42.46 43.58 44.69 - Welder Certified 45.81 4703 4825 GROUP VI-B Utility Man 37.00 3796 38.89 - Warehouse Man 38.82 39.83 40.82 Second Engineer 38.89 3991 4009 Cable Splicer 4260 4373 4484 _ An additional 20% to wage when reqUired to wear protective equipment on hazardous/toxic waste proJects. Engineers operating cranes with booms 100 feet but less than 149 feet in length will be paid an additional $2.00 per hour Engineers operating _ cranes with booms 149 feet or over in length will be paid an additional $3.00 per hour Loader operators over 5 cubic yard capacity additional .50 per hour Shovel operators over 4 cubic yard capacity additional $100 per hour - SUPPLEMENTAL BENEFITS (per hour) Journeyworker - 0710112012 $17.45 Per hour paid + 7.69 Per hour worked 07101/2013 $18.08 Per hour paid +7.79 Per hour worked 0710112014 S1893 Per hour paid +802 Per r'>Our worked - OVERTIME PAY OVERTIME See \ B E U* V) on OVERTIME PAGE Page 49 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Pubtlshed on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County .. HOLIDAY HOLIDAY Paid Overtime See (5 6,10.11,12,15) on HOLIDAY PAGE See (5.6,10,11,12.15) on HOLIDAY PAGE * Note For Holiday codes 5 & 6. code T applies Note If employees are required to work on Easter Sunday they shall be paid at the rate of triple time I!IIIIIi 8-1378 - _Operatinq Enqineer - Buildinq 07/01/2012 JOB DESCRIPTION Operating Engineer - Building DISTRICT 1 ENTIRE COUNTIES Albany Clinton, Columbia, Essex, Franklin, Fulton Greene, Hamilton. Herkimer, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, Washrngton PARTIAL COUNTIES Dutchess. Defined as north of the northern boundary line of City of PoughkeepSie then due east to Route 115 to Bedelt Road then east along Bedelt Road to VanWagner Road then north along VanWagner Road to Bower Road then east along Bower Road to Rte. 44 east to Route 343 then along Route 343 east to the northern boundary of Town of Dover Plains and east along the northern boundary of Town of Dover PlainS to Connecticut - - - WAGES CLASS Ai Crane, hydrauliC cranes, tower crane, locomotive crane, piledriver, cableway, derrlcks,whirlles, dragline, boom trucks over 5 tons, ... CLASS A Shovel, all Excavators (including rubber tire full swing), 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 trucks 5 tons and under, maintenance engineer, self-contained crawler drill-hydraulic rock drill. - CLASS B. Backhoes (rubber tired backhoe/loader combination), bulldozer, pushcat, tractor, traxcavator, scraper, LeTourneau grader, form fine grader, self-propelled sOil compactor (fill roller), asphalt roller, blacktop spreader, power brooms, sweepers, trenching machine, Barber Green loader, side booms, hydro hammer. concrete spreader, concrete finishing machine, one drum hoist. power hoisting (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, core and well dnllers (one drum), post hole digger, model CHB Vibro-Tamp or similar machine, batch bin and plant operator, dinky locomotive skid steer loader, track excavator 5/8 cubic yard or smaller, front end rubber tired loader under four cubic yards, vac truck. - ... CLASS C Fork lift, high lift, all terrain fork 11ft or similar, oiler, fireman and heavy-duty greaser, boilers and steam generators, pump, vibrator, motor mixer. air compressor, dust collector, welding machine, well pornt, mechanical heater, generators, temporary light plants, electric submersible pumps 4" and over, murphy type diesel generator, conveyor, elevators, concrete mixer, beltcrete power pack (belcrete system), seedlllg, and mulching machines, pumps - - . In the event that equipment listed above IS operated by robotic control, the classification covering the operation will be the same as if manually operated. - WAGES per hour 07/01/2012 07/01/2013 07/01/2014 Class # A1 $ 35.20 $3655 $ 37.90 Class # A 3476 3611 3746 - Class tt B 3385 3520 3655 Class # C 3128 32.63 3398 Additional $0 50 per hr for Tower Cranes Additional $1 00 per hr for Cranes With Boom length & Jib 150ft and over Additional $2.00 per hr for Cranes with Boom length & Jib 200ft and over Additional $2.00 per hr over B rate for Nuclear Leader work. Additional $0.40 per hr for tunnel or excavation of shaft 40' or more deep - ... SUPPLEMENTAL BENEFITS Per hour worked - Journeyman $ 22 37 S 2312 $ 23 87 OVERTIME PAY See (B E. Q) on QVERTIME PAGE HOLIDAY - P3qe 50 ... - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County Paid See (1) on HOLIDAY PAGE Overtime See (5,6) on HOLIDAY PAGE Note If a holiday falls on Sunday, It will be celebrated on Monday. If the holiday falls on Saturday, it will be celebrated on Friday. _ Employees who work a Saturday holiday shall be paid double time plus the holiday pay. REGISTERED APPRENTICES Wages per hour - 1000 hours terms at the following percentage of Journeyman1s wage Class B 1 st 60% - 2nd 70% 3rd 80% 4th 90% Suppleme ntal Benefits per hour worked - 07/01/2012 07/01/2013 07/01/2014 All terms $ 17. 80 $ 18.55 $ 19.30 1-158 Alb - Operatinq En~ineer - Heavy&Hiqhway 07/01/2012 JOB DESCRIPTION Operating Engineer - Heavy&Hlghway - ENTIRE COUNTIES Putnam, Westchester PARTIAL COUNTIES _ Dutchess South of the North city line of Poughkeepsie WAGES NOTE Also covers Feasibility and Preliminary Design surveying, Line and Grade surveYing for Inspection or Supervision of Construction when preformed under _ a Consulting Engineer Agreement. Party Chief - One who directs a survey party Instrument Man - One who runs the instrument and assists Party Chief Rodman - One who holds the rod and in general, assists the Survey Crew - Catorgorles cover GPS & Underground Suveying DISTRICT 9 Per Hour 07/01/2012 07/01/2013 Add itional* - Party Chief Instrument Man Rodman $ 5804 42.50 3549 $ 3.14* 2.55* 2.33* - * To be allocated at a future date SUPPLEMENTAL BENEFITS _ Per Hour. 07/01/2012 A.if Catorgorles _ Straight Time $ 2978 Premium _ Time & 1/2 $ 38.4 7 Double Time $ 5316 OVERTIME PAY - See (B, *E, Q) on OVERTIME PAGE * Doubletime paid on the 9th hour on Saturday. HOLIDAY Paid - Overtime See (5, 6, 7, 11, 12) on HOLIDAY PAGE See (5 6.7.11,12) on HOLIDAY PAGE 9-15DI1 07/01/2012 Operatinq En~ineer - Heavy&Hiqhway - JOB DESCRIPTION Operating Engineer - Heavy&Hlghway DISTRICT 1 Page 51 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRe Number 2012006660 Dutchess County .. ENTIRE COUNTIES Albany, Broome, Chenango, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady. Schohane, Tioga, Warren, Washington PARTIAL COUNTIES Dutchess: Defined as north of the northern boundary line of City of PoughkeepSie then due east to Route 115 to Bedelt Road then east along Bedelt Road to VanWagner Road then north along VanWagner Road to Bower Road then east along Bower Road to Rte. 44 east to Route 343 then along Route 343 east to the northern boundary of Town of Dover Plains and east along the northern boundary of Town of Dover Plains to Connecticut ... .. WAGES CLASSIFICATION A Asphalt Curb Machine (Self Propelled, Slipform), Automated Concrete Spreader (CMI Type), Automatic Fine Grader, Backhoe (Except Tractor Mounted, Rubber Tired), Backhoe Excavator Full SWing (CAT 212 or similar type) Back Filling Machine. Belt Placer (CMI Type). Blacktop Plant (Automated) Boom truck, Cableway Caisson Auger Central MIx Concrete Plant (Automated), Concrete Curb Machine (Self Propelled, Sllpform) Concrete Pump, Crane. Cherry Picker, Derricks (steel erectiOn), Drag line Overhead Crane (Gantry or Straddle type). Pile Driver. Truck Crane. Directional Drilling Machine, Dredge, Dual Drum Paver, Excavator (All PurposeHydraullcally Operated) (Gradall or Similar), Front End Loader (4 cu yd and Over), Head Tower (Sauerman or Equal), HOist (Two or Three Drum) Holland Loader, Maintenance Engineer. Mine HOIst. Mucking Machine or Mole. Pavement Breaker(SP) Wertgen: PB-4 and Similar type, Power Grader, Profiler (over 105 HP ) Quad 9, Quarry Master (or eqUivalent), Scraper Sllovel, Side Boom, Slip Form Paver (If a second man is needed. he shall be an Oiler), Tractor Drawn BeltType Loader, Truck or Trailer Mounted Log Chipper (Self Feeder) Tug Operator (Manned Rented Equipment Excluded) Tunnel Shovel - ... .. CLASSIFICATION B Asphalt Paver. Backhoe (Tractor Mounted, Rubber Tired), Bituminous Recycler Machine, Bituminous Spreader and Mixer, Blacktop Plant (NonAutomated), Blast or Rotary Drill (Truck or Tractor Mounted), Bonng Machine, Cage HOiSt, Central Mix Plant [(NonAutomated) and All Concrete Batchlng Plants], Cherry Picker (5 tons capacity and under). Concrete Paver (Over 16S), Crawler Drill (Self-contained), Crusher, Diesel Power Unit, Drill Rigs, Tractor Mounted, Front End Loader (Under 4 cu. yd), Greaseman/Lubrication Engineer, HiPressure Boiler (15 Ibs and over), HOist (One Drum), Hydro-Axe, Kolman Plant Loader and Similar Type Loaders (If Employer requires another man to clean the screen or to maintain the equipment. he shall be an Oiler). L C M Work Boat Operator Locomotive, Mixer (for stabilized base selfpropelled), Monorail Machine, Plant Engineer Profiler (105 HP and under), Pug Mill. Pump Crete, Ready Mix Concrete Plant. Refrigeration Equipment (for soil stabilization), Road Widener, Roller (all above subgrade), Sea Mule, Self-contained Ride-on Rock Drill(Excluding Air-Track Type Drill), Skidder, Tractor With Dozer and/or Pusher, Trencher, Tugger HOiSt, Vermeer saw (ride on, any size or type) Welder .. .. .. CLASSIFICATION C A Frame Winch HOist on Truck. Articulated Heavy Hauler, Aggregate Plant, Asphalt or Concrete Grooving Machine (ride on), Ballast Regulator(Rlde-on), oiler (used In conjunction With production), BituminOUs Heater (self-propelled). oat (powered). Cement and Bin Operator Concrete Pavement Spreader and Finisher Concrete Paver or Mixer (16S and under). Concrete Saw (self-propelled), Conveyor, Deck Hand, Directional Drill Machine Locator, Dr:11 (Core and Well), Farm Tractor With accessories Fine Grade Machine Fireman Fork Lift, Form Tamper Grout Pump. Gunlte Machine. Hammers (HydrauliC self-propelled) Hydra-Spiker (nde-on) HydrauliC Pump Uacklng system), Hydro -Blaster (Water), Mulching Machine, Oller, Parapet Concrete or Pavement Gnnder, Post Hole Digger and Post Driver, Power Broom (towed) Power Heaterman, Power Sweeper, Revinius Widener, Roller (Grade and Fill). Scantier (ride-on), Shell Winder, Skid steer loader (Bobcat or similar), Span-Saw (ride-on), Steam Cleaner, Tamper (ride-on), Tie Extractor (ride-on), Tie Handler (ride-on), Tie Inserter (ride-on), Tie Spacer (ride-on), Tire Repair, Track Liner (ride-on), Tractor, Tractor (with towed accessones), Vibratory Compactor, Vibro Tamp, Well Point, and the following hands-off equipment Compressors. Dust Collectors, Generators, Pumps, Welding Machines, Light Plants and Heaters .. ... - - Note for all above classifications of Operating Engineer - in the event that equipment listed above IS operated by robotic control, the classification covering the operation will be the same as If manually operated .. WAGES per hour Master Mechanic Class A; Class B Class C 07/01/2012 $ 3632 3471 3380 31.23 070112013 $ 37.67 3606 35 15 3258 C7/01/2014 $ 39,02 3741 36.50 3393 .. Additional $2.00 per hour for All Employees who work a Single Irregular work shift starting from 500 PM to 100 AM that IS mandated by the Contracting Agency Additional $2.50 per hr. for hazardous waste removal work on State and/or Federally deSignated waste site which require employees to wear Level C or above forms of personal protection - ... n Premiums for CRANES IS based upon Class A rates With the follOWing premiums - Additional $400 per hr for Tower Cranes, Including self erecting - Additional $3.00 per hr for Lattice Boom Cranes and all other cranes With a manufacturers rating of fifty (50) tons and over - Additional $2.00 per hr for all Hydraulic Cranes and Demcks With a manufacturer's rating of 49 ton and below Including boom trucks SUPPLEMENTAL BENEFITS Per hour worked - - Journeyman $ 22 60 S 23 35 S 2410 Paqt:: ~)2 ... Prevailing Wage Rates for 07101/2012 - 06/30/2013 Last Published on Jul 01 2012 . Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County OVERTIME PAY See (B, E, Q) on OVERTIME PAGE .HOLlDAY Paid See (5,6) on HOLIDAY PAGE Overtime See (5,6) on HOLIDAY PAGE Note If the holiday falls on Sunday, it will be celebrated on Monday. _REGISTERED APPRENTICES Wages per hour If the holiday falls on a Saturday, it will be celebrated on Saturday. 1000 hours terms at the following percentage of Journeyman's wage Class B - 1 st 2nd 70% 3rd 80% 4th 90% so~/() -Supplemental Benefits per hour worked A.II Terms - 07/01/2012 $ 18.00 07/01/2013 $18.75 07/01/2014 $ 19.50 1-158H/H Alb Operatin~ En~ineer - Heavy&Hi~hway - Tunnel -JOB DESCRIPTION Operating Engineer - Heavy&Highway - Tunnel ENTIRE COUNTIES Putnam, Westchester -PARTIAL COUNTIES Dutchess (*NOTE This deSCription is in effect up to 08/31/2006) *South of a West/East line through Dutchess County starting at the Northern Boundary of the City of Poughkeepsie ("NOTE. ThiS change takes effect on 09/01/2006)**The part of Dutchess (defined by the northern boundary line of City of Poughkeepsie, then due east to Route 115, then north along Route 115 to Bedell Road, then east along Bedell Road to VanWagner Road, then north along -VanWagner Road to Bower Road, then east along Bower Road to Rte. 44, and along Rt. 44 east to route 343, then along route 343 east to the northern boundary of Town of Dover Plains, and east along the northern boundary of Town of Dover Plains to the border line of the State of Conneclicut,and bordered on the west by the middle of the Hudson River) 07/01/2012 DISTRICT 8 WAGES -GROUP I Boom Truck. Cherry Picker, Clamshell, Crane(Crawler, Truck), Dragline, Rough Terrain Crane. GROUP I-A. Auger, Auto Grader, Dynahoe & Dual purpose & similar machines, Barber Green Loader-Euclid Loader or similar type _I-nachlne, Boat Captain Boring Machlne(all types), Bull Dozer-all types, Central Mix Plant Operator, Cherry Picker(Cableway or hydraulic), Chipper-ail types, Close Circuit TV, Compactor with Blade, Concrete Portable Hoist, CMI or similar, Conway or similar Mucking Machine, Crane(Crawler or Truck) dragline, Gradall, Shovel Backhoe, etc. Grader, Derrick(Stone-Steel), Elevator & Cage(materials or passengers), Front End Loaders over 1 1/2 yards, Hoist Single, Double, Triple Drum, Hoist Portable Mobile Unit, Hoist Engineer-Concrete(Crane-Derrick- .JV1lne HOiSt), HOist Engineer-Material, Hydraulic Boom, Letourneau or Tournapull(Scrapers over 20 yards struck), Log Skidder, Moveable Concrete Barner Transfer & Transport Vehicle, Mucking Machines Overhead Crane, Paver(concrete), Pulsemeter, Push Button(Buzz Box)Elevator, Raise BOring Machine, Road Mix Machines. Robot Hammer(Brock or similar), Ross Carrier and similar machines, Shovels(Tunnels), Side Boom, Slip Form Machine, Spreader(Asphalt), Scoopmobile-Tractor-Shovel over 1 1/2 yards, Trenching Machines, _Telephles-Vermeer Concrete Saw Trencher and/or similar, Tractor type demolition equipment, Whirly. GROUP 1-8 Road Paver(Asphalti _GROUP II-A Balast Regulators, Compactor Self-propelled, Cow Tracks, FUSion Machine, Rail Anchor Machines, Roller 4 ton and over, Scrapers (20 yard struck and under), Switch Tampers, Vibratory Roller etc. Welder GROUP II-B Mechanlc(outslde) all types, Shop Mechanic - GROUP III 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, Firemen, Forklift, Forkllft(Electrlc), John Henry Drill or Similar, 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 & 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 Turbo Jet Burner or similar, Well Drilling Machine, Winch Truck "A' Frame -GROUP IV-A Service Man(Fuel Truck) Service Man(Grease Truck) - Page 53 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County - GROUP IV-B Bending Machine, Compressor-Compressor Plant-Pamt, Compressor-Steel Erection, Compressor Truck Mounted(2-6), Conveyor Belt Machine, Dust Collector, Heater(all types), Lighting Unit(portable & generator), Mixer Concrete under 21-E, PiloUAssistant Engineer/2 seated, Pumps-Pump Station-Water-Sewer-Gypsum-Plaster, ete, Pump Truck(Sewer Jet or similar), Roller Motorized(Walk behind), Steam Jenny, Stock Room Attendant, Syphon Pump-Air-Stream, Tar Joint Machine, Vibrator(1 to 5), Welding Machine, Welders Helper - GROUP V-A: Engineer(Pile Driver), Engineer(all Tower Cranes, all Climbing Cranes & all cranes of 100 ton capacity or greater), Helicopter . Hoist Operator, Helicopter Pilot, Helicopter Signalman, Hoist Engineer(Steel-Sub Structure), Engineer-Pile Driver, Jersey-Spreader Pavement breaker(Air Ram), Master Mechanic, Ass!. Master MechaniC, Post Hole Digger, Weider-Certified - WAGES (per hour) - 07/01/2012 03/04/2013 GROUP I GROUP I-A GROUP I-B GROUP II-A GROUP II-B GROUP III GROUP IV-A GROUP IV-B GROUP V-A Engineer-Pile Driver Engineer -Cranes Hoist Engineer Jersey Spreader, Pavement Breaker (Air Ram), Post Hole Digger $52,23 46,17 48,19 4426 4561 43,50 3964 34,19 53,38 47 17 4965 4521 46,60 4444 4048 3489 - - 5668 5902 53,17 5830 60,34 5473 - - 44,85 46,24 An additional 20% to wage when required to wear protective equipment on hazardous/toxic waste projects Operators required to use two buckets pouring concrete on other than road pavement shall receive $0,50 per hour over scale, Engmeers operating cranes With booms 100 feet but less than 149 feet in length will be paid an additional $2,00 per hour Engmeers operating cranes with booms 149 feet or over in length will be paid an additional $3,00 per hour, Operators of shovels with a capaCity over (4) cubic yards shall be paid an additional $1 00 _ per hour Operators of loaders with a capacity over (5) cubic yards shall be paid an additional $0,50 per hour SUPPLEMENTAL BENEFITS (per hour) Journeyworker: 07/01/2012 $16,37 all hours paid + 7,65 1 st 40 hours worked +1,00 for all hours worked - - 03/04/2013 $16,80 all hours paid +8,00 1 st 40 hours worked +100 for all hours worked - OVERTIME PAY See (0, 0, .U, V) on OVERTIME PAGE HOLIDAY Paid See (5, 6, 7,8, 11 12) on HOLIDAY PAGE Overlime See (5, 6, 7, 8,11,121 on HOLIDAY PAGE . Note For Holiday codes 5 & 6, code U applies Note If employees are required to work on Easter Sunday, they shall be paid at the rate of triple time REGISTERED APPRENTICES (1)year terms at the following rates, - - 07/01/2012 03/04/2013 - 1 st year 21,75 per hr, 1 st year 22,22 per hr. - 2nd year 26,10 per hr, 2nd year 2666 per hr 3rd year 3045 per hr 3rd year 31 11 per hr - 4th year 34 80 per hr 4th year 35 55 per hr ... Page 54 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 - Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County Supplemental Benefits per hour - Apprentices - 07/01/2012 $16.37 all hours paid +100 for all hours worked 03/04/2013 $16.80 all hours paid. +100 for all hours worked. 8-137Tun Operatin~ Enqineer - Marine Construction - 07/01/2012 JOB DESCRIPTION Operating Engineer - Manne Construction DISTRICT 4 ENTIRE COUNTIES ...Albany. Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Ctlemung Cllenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, LIvingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga OntariO, Orange Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, TompkinS, Ulster, Warren, Washington Wayne, Westchester, Wyoming, Yates "'WAGES Per Hour DREDGING OPERATIONS 07/01/2012 ...CLASS A Operator, Leverman, $ 3289 Lead Dredgeman _CLASS A1 Dozer Front Loader Operator To conform to Operating Engineer Prevailing Wage in locality where work is being performed including benefits ...CLASS B Spider/Spill Barge Operator Tug Operator(over1000hp) Operatorll Fill Placer ...Derrlck Operator, Engineer Chief Mate. ElectriCian, Chief Welder, Maintenance Engineer ... $ 28 49 Certified Welder, Boat Operator(llcensed) $ 2684 -CLASS C Drag Barge Operator, Steward, Mate, ASSistant Fill Placer, - $ 2614 VVelder (please add)$ 0.06 Boat Operator - $ 2529 CLASS D Shareman. Deckhana, Rodman, Scowman, Cook, -Messman, Porter/Janitor $ 2109 Oller(please add)$ 0.09 ...SUPPLEMENTAL BENEFITS Per Hour THE FOLLOWING SUPPLEMENTAL BENEFITS APPL Y TO ALL CATEGORIES All Classes A & B 07/01/2012 $ 845 plus 7% of straight time wage overtime hours add $ 063 - - P,3fH? 55 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County All Class C $ 8.10 plus 8% of straight time wage overtime hours add $ 048 - .. All Class D $ 785 plus 8% of straight time wage overtime hours add $ 0.33 .. OVERTIME PAY See (B, F, R) on OVERTIME PAGE HOLIDAY Paid See (1) on HOLIDAY PAGE Overtime See (5,6,8, 15,26) on HOLIDAY PAGE .. 4-25a-MarConst .. Operatin~ En~jneer - Survey Crew 07/01/2012 JOB DESCRIPTION Operating Engineer - Survey Crew DISTRICT 6 ENTIRE COUNTIES Albany, Allegany, Broome, Cayuga, Chemung, Chenango, Clinton, Columbia, Cortland, Essex, Franklin, Fulton, Greene, Hamilton, HelKlmer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Sl Lawrence, Steuben, Tioga, Tompkins, Warren, Washington, Wayne, Yates PARTIAL COUNTIES Dutchess : The Northern portion of the county from the Northern boundry line of the City of Poughkeepsie North. Genesee Only that portion of the county that lies east of a line down the center of Route 98 to include all area that lies within the City of Batavia .. .. .. WAGES Per hour SURVEY CLASSIFICATIONS: Party Chief- One who directs a survey party, Instrument person- One who runs the instrument and assists the Party Chief. Rod person- One who holds the rods and, in general, assists the survey party. .. 07/01/2012 .. Survey Rates Party Chief instrument/Rod person $ 32.62 2985 .. Additional $3.00 per hr, for work in a Tunnel. Additional $2.50 per hr for EPA or DEC certified toxic or hazardous waste work SUPPLEMENTAL BENEFITS Per hour worked - Journeyman $ 21.75 OVERTIME PAY See (B E, 0) on OVERTIME PAGE HOLlDA Y Paid. Overtime .. See (5, 6) on HOLIDAY PAGE See (5 6) on HOLIDAY PAGE ... REGISTERED APPRENTICES WAGES (1 yr or 1000 hrs) terms at the following wage rates. ... 1 st year 60% 2nd year 70% 3rd year 80% $ 17.91 20,89 23,88 .. SUPPLEMENTAL BENEFITS $2175 - 6-545 D H H Operatin~ En~ineer - Survey Crew - Consultinq En~ineer 07/01/2012 ... JOB DESCRIPTION Operating Engineer - Survey Crew - Consulting Engineer Page 56 DISTRICT 6 .. Prevailing Wage Rates for 07/01/2012 - 06/30/2013 _Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County ENTIRE COUNTIES Albany, Allegany, Broome, Cayuga, ChemUng, Chenango, Clinton, Columbia, Cortland, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara,Oneida, Onondaga, Ontario, Oswego, Otsego, Rensselaer, -Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Tioga, Tompkins, Warren, Washington, Wayne, Yates PARTIAL COUNTIES Dutchess The northern portion of the county from the northern boundry line of the City of PoughkeepSie north Genesee Entire county except triat portion of the county that lies west of a line down the center of Route 98 excluding that area that lies -within the City of Batavia WAGES Per hour - Feasibility and preliminary design surveYing, line and grade surveYing for inspection or supervision of construction when performed under a Consulting Engineer Agreement SURVEY CLASSIFICATIONS Party Chlef- One who directs a survey party _Instrument Man- One who runs the Instrument and assists the Party Chief Rodman- One who holds the rods and in general. assists the survey party 07/01/2012 _Survey Rates' Party Chief InstrumenURodperson $ 32,62 2985 -Additional $3,00 per hr, for work in a Tunnel Additional $2,50 per hr for EPA or DEC certified toxic or hazardous waste work SUPPLEMENTAL BENEFITS _Per hour worked $ 2175 OVERTIME PAY _See (B E, Q) on OVERTIME PAGE HOLIDAY Paid Overtime - See (5 6) on HOLIDAY PAGE See (5,6) on HOLIDAY PAGE 6-545 DCE Operating Engineer - Tunnel 07/01/2012 -JOB DESCRIPTION Operating Engineer - Tunnel DISTRICT 5 ENTIRE COUNTIES Albany, Allegany, Broome, Cayuga, Chemung, Chenango, Clinton, Columbia, Cortland, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Oneida, Onondaga, Ontario, Oswego, Otsego, Rensselaer, -Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Tioga, Tompkins, Warren, Washington, Wayne, Yates PARTIAL COUNTIES Dutchess Northern part of Dutchess to the northern boundary line of the City of Poughkeepie then due east to Route 115 to Bedelt Road then east along Bedelt Road to VanWagner Road then north along VanWagner Road to Bower Road then east along Bower Road to Rte 44 -east to Rte, 343 then along Rte, 343 east to the northern boundary of the Town of Dover Plains and east along the northern boundary of the Town of Dover Plains to Connecticut Genesee Only that portion of the county that lies east of a Ilnedrawn down the center of Route 98 and the entirety of the City of Batavia WAGES - Crane 1 All cranes, Including self erecting to be paid $4.00 per hour over the Class A rate Crane 2 All Lattice Boom Cranes and all other cranes with a manufacturer's rating of fifty (50) ton and over to be paid $3.00 per hour over Class A rate Crane 3 All hydraulic cranes and derricks With a manufacturer's rating of forty nine (49) ton nad below, Including boom trucks, to be paid - $2.00 per hour over Class A rate MASTER MECHANIC/CHIEF TUNNEL ENG - CLASS A Automatic Concrete Spreader (CMI Type); Automatic Fine Grader; Backhoe (except tractor-mounted,rubber tired); Belt Placer (CMI Type); Blacktop Plant (Automated); Cableway; Caisson Auger; Central MIx Concrete Plant (Automated); Concrete Curb Machine (Self- propelled slipform) Concrete Pump (8" or over): Dredge: Dual Drum Paver; Any Mechanical Shaft Drill; Excavator (all purpose-hydraulic- _ Gradall or Similar); Fork Lift (factory rated 15 ft and over); Front End Loader (4 c.y & over), Gradall, Head Tower (Sauerman or Equal), HOist Shaft: Hoist (two or three Drum): Mine Hoist Maintenance Engineer (Shaft and Tunnel) Mine Hoist Mucking Machine or Mole. Overhead Crane (Gantry or Straddle Type); Pile Driver Power Grader; Remote Controlled Mole or Tunnel Mach Scraper: Shovel; Side Boom Slip Form Paver (If a second man is needed. he shall be an Oiler): Tractor Drawn Belt Type Loader, Tripper/Maintenance Eng(Shaft & Tunnel) _ Truck or Trailer Mounted Log Chipper (self-feeding), Tug Operator (Manned rented equip excluded) Tunnel Shovel. Mining Machlne(Mole and Similar Types) Page 57 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County ... CLASS B Automated Central MIx Concrete Plant; Backhoe Trac-Mtd, Rubber Tired); Backhoe (topside); Bltum. Spred. & Mixer, Blacktop Plant non-automated); Blast or Rotary Drill (Truck or Tractor Mounted); Boring Machine; Cage Hoist; Central Mix Plant(NonAutomated) and All Concrete Batchlng Plants Compressors (4 or less exceeding 2,000 cf.m combined capacity); Concrete Pump; Crusher; Diesel Power Unit. Drill Rigs (Tractor Mounted), Front End Loader (under 4 cy.); Grayco Epoxy Machine; Hoist (One Drum); Hoist 2 or 3 Drum (Topside); Kolman Plant Loader & Similar Type Loaders (If Employer requires another person to clean the screen or to maintain the equipment, he shall be an Oller); L.C.M. Work Boat Operator; Locomotive: Maint. Eng. (Topside); Grease Man; Welder: Mixer (for stabilized base-self propelled), Monorail Machine: Plant Eng, Personnel HOist; Pump Crete; Ready Mix Concrete Plant. Refrigeration Equipment (for soil stabilization); Road Widener; Roller (all above sub-grade): Sea Mule; Shotcrete Mach, Shovel (Topside); Tractor with Dozer and/or Pusher; Trencher; Tugger Hoist; Tunnel Locomotive; Winch and Winch Cat. ... ... CLASS C A Frame Truck. Ballast Regulator (ride-on): Compressors (4 under 2,000 cfm combined capacity; or 3 or less with more than 1200 cfm. but not to exceed 2.000 cfm): Compressors (any size but subject to other provisions for compressors-Dust Collectors, Generators, Pumps Welding Machines, Light Plants-4 of any type or combination) Concrete Pavement Spreaders and Finishers; Conveyor; Drill (core); Drill well; Elec Pump Used In Conjunction With Well Point System, Farm Tractor With Accessories Fine Grade Machine; Forklift (under 15 fti Grout Pump (over (5) cu. It, Gunlte Machine, Hammers (hydraullc- self propel.); Hydra-Spiker-Ride on; Hydra-Blaster; Hydra Blaster (water), Motorized Form Carrier. Post Hole Digger & Post Driver, Power Sweep; Roller grade & fill); Scarifer (Ride on); Span-Saw (Ride-on); SubmerSible ElectriC Pump (when used In lieu of well point system), Tamper (Ride-on), Tie-Extractor, Tie Handler, Tie Inserter, Tie Spacer and Track Liner (Ride-on), Tractor (with towed accessories) Vibratory Compactor; Vlbro Tamp, Well Point. - ... CLASS 0 Aggregate Plant. Cement & Bin Operator Compressors( 3 or less not to exceed 1,200 c.f.m. combined capacity); Compressors( any Size, but subject to other prOVISions for compressors-Dust Collectors. Generators, Pumps, Welding Machines, Light Plants-3 or less-any type or combination), Concrete Saw (self propelled); Fireman, Form Tamper; Hydraulic Pump (jacking system); Light Plants; Mulching Machine: Oiler; Parapet Concrete or Pavement Grinder; Power Broome towed: Power Heaterman; Revinius Widener; Shell Winder; Steam ... Cleaner and Tractor; Greaseman, Junior Engineer ... Per hour: 07/01/2012 07/01/2013 07/01/2014 Crane 1 $ 41 28 $ 42.48 $ 43 68 Crane 2 40.28 41.48 42.68 Crane 3 39.28 40.48 4168 Master Mechanic 3941 40.61 41.81 CLASS A 3728 3848 3968 CLASS B 3606 37.26 38.46 CLASS C 3327 34.47 35,67 CLASS 0 30.26 31.46 3266 SUPPLEMENT AL BENEFITS Per hour paid Journeyman $ 22 75 $ 23.65 $ 2455 OVERTIME PA Y See (B, B2, E, Q) on OVERTIME PAGE HOLl DA Y Paid See (5, 6) on HOLIDAY PAGE Overtime See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES (1000) hours terms at the following percentages. - ... .. .. .. .. .. .. 1 st term 2nd term 3rd term 4th term 60% of Class 0 65% of Class C 70% of Class B 75% of Class A .. Supplemental Benefits per hour paid ... $ 22 75 $ 23 65 $ 2455 5-832TL ... Painter 07/01/2012 Page 5<'3 ... Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County DISTRICT 1 - JOB DESCRIPTION Painter ENTIRE COUNTIES Columbia, Dutchess, Greene, Orange, Sullivan, Ulster "WAGES Per hour 07/01/2012 05/01/2013 An Additional - Brush/Paper Hanger Dry Wall Finisher _ Lead Abatement Sandblaster-Painter Spray Rate $ 2879 28,79 28.79 28.79 2979 $ 2.25* 2.25* 225* 225* 2.25* _ (*) To be allocated at a later date See Bridge Painting rates for the following work Structural Steel (defined as any steel where a man works without the support of solid scaffolding or mechanical lifts excluding bridges), all _work performed on tanks (100,000 gallons or over twenty feel high), ALL BRIDGES, towers, smoke stacks, flag poles. Rate shall apply to all of said areas from the ground up SUPPLEMENTAL BENEFITS - Per hour worked Journeyman -OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid See (1) on HOLIDAY PAGE _Overtime See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour $ 17.29 .. Six (6) month terms at the following percentage of Journeyman's wage 15t _40% 2nd 50% 3rd 60% 4th 70% 5th 80% 6th 90% Supplemental Benefits per hour worked _1st term All others $ 8.39 17.29 1-155 _ Painter - Bridqe & Structural Steel 07/01/2012 JOB DESCRIPTION Painter - Bridge & Structural Steel DISTRICT 9 ENTIRE COUNTIES -Albany, Bronx, Clinton, Columbia, Dutchess, Essex, Franklin, Fulton, Greene, Hamilton, Kings, Montgomery. Nassau, New York, Orange Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Suffolk, Sullivan, Ulster Warren, Washington Westchester WAGES - Per Hour Worked. 07/01/2012 10/1/2012 STEEL Bridge Painting $ 51.23 $ 52.23 - Power Tool/Spray 5723 58.23 Note For Bridge Painting Contracts, ALL WORKERS on and off the bridge (including Flagmen) are to be paid Painter's Rate; the contract -must be ONLY for Bridge Painting SUPPLEMENTAL BENEFITS Per Hour Worked - 07/01/2012 10/1/2012 Page 59 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRe Number 2012006660 Dutchess County Journeyworker $ 26.80' $ 31 04 H - $ 27 05 Hourly Rate after 40 hours from May 1 st to Nov. 15th ... $6750nly Hourly Rate after 50 hours from Nov. 16th to April 30th $ 6.75 only ... 'For the period of May 1 st to November 15th ThiS rate shall be paid up to maximum of forty (40) hours worked per week For all hours exceeding 40, the hourly rate shall drop to the hourly rate shown above by date _ EXCEPT for the first and last week of employment on the proJect. and for the weeks of Memorial Day Independence Day and Labor Day, thiS rate shall be paid for the actual number of hours worked "For the period of November 16th to April 30th ... ThiS rate shall be paid up to a maXllllum of fifty (50) hours worked per week For all hours exceeding 50, the hourly rate shall drop to the hourly rate shown above by date OVERTIME PAY See (A F, R) on OVERTIME PAGE NOTE Calculate overtime rate as follows Bridge Painting and Power Tool/Spray titles subtract $498 from the hourly rate. After calculation of overtime add $6ihr to the Power Tool/Spray title amount HOLIDAY Paid See (1) on HOLIDAY PAGE Overtime See (4,6) on HOLIDAY PAGE REGISTERED APPRENTICES (Wage per hour Worked) ... ... - Apprentices (1) year terms 1 st 2nd 3rd 07/01/2012 $ 20.55 $ 30.78 $ 4100 .- 10/01/2012 $ 20.95 $ 31.38 $ 41.80 Supplemental Benefits per hour worked ... 07/01/2012 S 835 $ 1 9 00 $ 22.90 10/01/2012 $ 870 $ 19.15 .. $ 23.10 9-DC-9/806/155-BrSS Painter - Line Stripin~ 07/01/2012 - JOB DESCRIPTION Painter - Line Striping DISTRICT 9 ENTIRE COUNTIES Albany, Bronx, Clinton, Columbia, Dutchess, Essex, Franklin, Fulton, Greene. Hamilton. Kings, Montgomery, Nassau. New York, Orange. ... Putnam, Queens, Rensselaer. Richmond. Rockland, Saratoga Schenectady. Schoharie Suffolk, Sullivan. Ulster. Warren. Washington Westchester WAGES Per hour - Painter (Striping-Highway) 07/01/2012 Striping-Machine Operator' Lrnerman Thermoplastic $26.61 plus an additional $0.50" $31.87 plus an additional $0.50" ... H To be allocated at a future date - Note' Includes but is not limited to Positioning of cones and directing of traffic uSing hand held deVices Excludes the Driver/Operator of equipment used In the maintenance and protection of traffiC safety SUPPLEMENTAL BENEFITS Per hour paid Journeyworker - 07/01/2012 Striping-Machine operator Llnerma n Thermoplastic $ 14.18 S 14 55 - Page 60 .. Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 - Published by the New York State Department of Labor PRe Number 2012006660 Dutchess County OVERTIME PAY See (*B, "82. E. E2, P S) on OVERTIME PAGE _HOLIDAY Paid Overtime See (5 20) on HOLIDAY PAGE See (5, 8,11,12,15.16.17,20,21,22) on HOLIDAY PAGE 9-8A/28A-LS - Painter - Metal Polisher 07/01/2012 JOB DESCRIPTION Painter - Metal Polisher DISTRICT 9 -ENTIRE COUNTIES Albany, Allegany, Bronx. Broome, Cattaraugus Cayuga. Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware. Dutchess. Erie. Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara Oneida, Onondaga, Ontario, Orange. Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer. .Rlchmond Rockland, Saratoga Schenectady Schoharie, Schuyler, Seneca, St Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren. Washington Wayne Westchester, Wyoming, Yates WAGES 07/01/2012 - Metal Polisher Metal Polisher" Metal POlisher'" $ 2611 $ 2702 $ 2961 - "Note Applies on New Construction & complete renovation >" Note Applies when working on scaffolds over 34 feet _SUPPLEMENTAL BENEFITS Per Hour 07/01/2012 Journeyworker .AII classification OVERTIME PAY See (B E. Q T) on OVERTIME PAGE HOLIDAY -Paid See (5, 6,11,15,16,25,26) on HOLIDAY PAGE Overtime See (5, 6, 9, 11, 15,16,25,26) on HOLIDAY PAGE REGISTERED APPRENTICES _ Wages per hour One (1) year term at the following wage rates $ 1292 - 1st $1350 2nd $15.00 3rd $18.00 Supplentals benefits Per hour paid . 1 st $10.27 2nd $10.39 3rd $1063 9-8A/28A-MP _ Plumber 07/01/2012 JOB DESCRIPTION Plumber ENTIRE COUNTIES - Dutchess DISTRICT 8 PARTIAL COUNTIES Delaware Only the Townships of Middletown and Roxbury Ulster Entire county (including Wallklll and Shawangunk Prisons in Town of Shawangunk) EXCEPT for remainder of Town of Shawangunk. -and Towns of Platteklil. Marlboro, and Wawarslng WAGES (per hour) - 07101/2012 Plumber & Steamfitter S 44 54 _SHIFT WORK Page 61 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRe Number 2012006660 Dutchess County - When directly specified in public agency or authority contract documents, shift work outside the regular hours of work shall be comprised of eight (8) hours per shift not including Saturday, Sundays and holidays One half (1/2) hour shall be allowed for lunch after the first four (4) hours of each shift. Wage and Fringes for shift work shall be straight time plus a shift premium of twenty-five (25%) percent A minimum of five days Monday through Friday must be worked to establish shift work .. SUPPLEMENTAL BENEFITS Per hour Journeyworker $ 2419 per hour paid + 2 73 per hour worked" - UNot Subject to Overtime - OVERTIME PAY See (B T 0, V) on OVERTIME PAGE , Note Time & 1/2 for 1 st 8 on Sat. - all additional hours double time - HOLIDAY Paid See (1) on HOLIDAY PAGE Overtime See (5,6,8,16,25) on HOLIDAY PAGE REGISTERED APPRENTICES (1)year terms at the following rates 1 st year 2nd year 3rd year 4th year 5th year - $16.78 23.40 27 19 3276 37.91 - - Supplemental Benefits per hour Apprentices 1st year $ 10.62 per hour paid + 1.16 per hour worked .. 2nd year 13.43 per hour paid + 1.30 per hour worked - 3rd year 15.47 per hour paid + 1 60 per hour worked 4th year 1713 per hour paid + 236 per hour worked - 5th year 18 82 per hour pa id + 2 36 per hour worked - 8-21.2-SF Plumber - HVAC / Service 07/01/2012 - JOB DESCRIPTION Plumber - HVAC i SerJlce ENTIRE COUNTIES Dutchess, Putnam, Westchester PARTIAL COUNTIES Delaware Only the townships of Middletown and Roxbury Ulster: Entire County(including Wallklll and Shawangunk Prisons) except for remainder of Town of Shawangunk and Towns of Plattekill, .. Marlboro, and Wawarsing. DISTRICT 8 - WAGES Per hour 07/01/2012 - HVAC Service $ 37.54 Jobbing & Alteration' (Dutchess and Ulster County Only) $ 34 89 - 'Repairs. replacements and alteration work IS any repair or replacement of a present plumbing system that does not change eXisting roughing or water supply lines .. Pilge 62 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 - Published by the New York State Department of Labor PRe Number 2012006660 Dutchess County SHIFT WORK When directly specified In public agency or authority contract documents, shift work outside the regular hours of work shall be comprised of eight (8) hours per shift not including Saturday, Sundays and holidays. One half (1/2) hour shall be allowed for lunch after the first four (4) -hours of each shift Wage and Fringes for shift work shall be straight time plus a shift premium of twenty-five (25%) percent A minimum of five days Monday through Friday must be worked to establish shift work SUPPLEMENTAL BENEFITS _Per hour worked. 07/01/2012 Journeyworker HVAC Service _ $17.00perhourpald + 1 10 per hour workedH Journeyworker Jobbing Alterations _ $19.63perhourpald + 2 73 per hour workedH H Not subject to overtime -OVERTIME PAY See (8 'E Q V) on OVERTIME PAGE Note Time and one half for the first eight hours on Saturdays Additional hours on Saturday to be paid at double time. - HOLlDA Y Paid See (1) on HOLIDAY PAGE Overtime See (5, 6, 8, 16,25) on HOLIDAY PAGE -REGISTERED APPRENTICES HVAC SERVICE REGISTERED APPRENTICES - (1 )year terms at the following wages 1 st yr 2nd yr 3rd yr 4th yr 5th yr. 07/01/2012 $ 17.54 $ 20 46 $ 2567 $ 3143 $33.73 - Supplemental Benefits per hour worked Apprentices 07/01/2012 -1 st ternl $ 1475 per hour paid + 1 10 per hour worked 2nd term $ 15 12 per hour paid + 1 10 per hour worked -3rd term $ 1564 per hour paid + 1 10 per hour worked 4th term $ 16.18 per hour paid - 5th term + 1 10 per hour worked $ 16 60 per hour paid ... 1 10 per hour worked _JOBBING & AL TERA TIONS REGISTERED APPRENTICES (1 )year terms at the follOWing wages - 1 st yr. 2nd yr. 3rd yf. 4th yr. 5th yr 07/01/2012 $ 14.08 $ 18 53 $ 22 13 $ 25.80 $ 29.69 _Supplemental Benefits per hour worked Apprentices 1st term 07/01/2012 $ 827 per hour paid + 050 per hour worked - 2nd term S 10 80 per hour paid + 0 93 per hour worked - 3rd term S 11 94 per hour paid Page 63 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRe Number 2012006660 Dutchess County + 1.05 per hour worked .. 4th term $ 14.49 per hour paid + 146 per hour worked .. 5th term $ 1552 per hour paid + 1.90 per hour worked 8-21 1&2-SF/Re/AC - Roofer 07/01/2012 JOB DESCRIPTION Roofer DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, New York, Orange, Putnam, Queens, RIchmond, Rockland Sullivan, Ulster. Westchester WAGES Per Hour - 07/01/2012 - Roofer/VVaterproofer SUPPLEMENTAL BENEFITS Journeyworker $ 39.00 - $ 27.92 OVERTIME PAY See (B, H) on OVERTIME PAGE Note An observed holiday that falls on a Sunday will be observed the following Monday. HOLlDA Y Paid See (1) on HOLIDAY PAGE Overtime See (5,6, 13, 25) on HOLIDAY PAGE REGISTERED APPRENTICES ( 1 ) year terms at the following percentage of Journeyworkers hourly wage .. - 1 st 2nd 3rd 4th IIIiII 35% 50% 60% 75% Supplements per hour paid at the following rates .. Apprentice 15t 2nd 3rd 4th $ 4.24 $ 14.13 $16.88 $ 2103 - 9-8R - Sheetmetal Worker 07/01/2012 JOB DESCRIPTION Sheetmetal Worker ENTIRE COUNTIES Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, Westchester WAGES DISTRICT 8 .. SheetMetal Worker 07/01/2012 $ 4181 .. SHIFT WORK For all NYS O.OT and other Governmental mandated off-shift work 10% Increase for additional shifts for a minimum of five (5) days .. SUPPLEMENTAL BENEFITS Journeyworker .. $31.85 OVERTIME PAY OVERTIME. See ( B. E, Q, ) on OVERTIME PAGE. 'Note For Sundays or Holidays worked, HOURLY WAGE is double the total of the hourly wage plus the tlourly benefit paid all In wages (Benefits are Included In the wages) - .. HOLlDA Y Page 64 - - 4th $ 21 21 -Supplemental Benefits per hour Apprentices 1st term - 2nd term 3rd term 4th term 5th term - 6th term 7th term 8th term $ 14 03 1580 17.55 19.31 2107 2281 24.29 2555 - 5th $ 23.13 6th $ 25.07 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County 7th $ 2727 8th $ 29.70 8-38 Sprinkler Fitter 07/01/2012 Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 - Paid See (1) on HOLIDAY PAGE Overtime See (5, 6.8,13,16,23) on HOLIDAY PAGE REGISTERED APPRENTICES 1 st 2nd 3rd $1543 $1735 $1928 _JOB DESCRIPTION Sprinkler Fitter ENTIRE COUNTIES Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, Westchester WAGES -Per hour 07/01/2012 Sprinkler $ 39.08 Fitter - SUPPLEMENTAL BENEFITS Per hour worked _Journeyman $ 2065 01/01/2013 $ 39.08 $ 20.80 DISTRICT 1 OVERTIME PAY See (B E, Q) on OVERTIME PAGE _HOLIDAY Paid See (1) on HOLIDAY PAGE Overtime See (5, 6) on HOLIDAY PAGE Note When a holiday falls on Sunday, the following Monday shall be considered a holiday and all work performed on either day shall be at the double time rate. When a holiday falls on Saturday, the preceding Friday shall be considered a holiday and all work performed on either -day shall be at the double time rate. REGISTERED APPRENTICES Wages per hour - For Apprentices HIRED PRIOR TO 04/01/2010 One Half Year terms at the follOWing wage - 1 st $ 1970 2nd $ 19 70 3rd $ 21.35 4th $ 23 32 -Supplemental Benefits per hour worked 07/01/2012 $ 874 14.87 14.93 20.24 2030 20.36 2041 2047 2053 1 st & 2nd Terms 3rd Term -4th Term 5th Term 6th Term 7th Term -Sth Term 9th Term 10th Term -For Apprentices HIRED ON OR AFTER 04/01/2010 - 5th $ 25.29 01/01/2013 $ 8 74 1502 15.08 20.39 20.45 20.51 2056 2062 20.68 6th $ 2726 Page 65 7th $ 29.23 8th $ 31 20 9th S 33 17 10th $ 35 14 Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County One Half Year terms at the following wage .. 1 st $1773 2nd $ 19 70 3rd $ 21.35 4th $ 23.32 5th $ 25.29 6th $ 27.26 7th $ 29 23 8th $ 31.20 9th $ 33.17 10th $35.14 - 1st Term 2nd Term 3rd Term 4th Term 5th Term 6th Term 7th Term 8th Term 9th Term 10th Term Supplemental Benefits per hour worked 07/01/2012 $ 868 874 1487 14.93 1549 1555 1561 1566 15.72 15.78 01/01/2013 $ 868 874 1502. 15.08 1564 15.70 1576 1581 15.87 15.93 - .. - 1-669 2 - Survey Crew Consultin~ 07/01/2012 JOB DESCRIPTION Survey Crew Consulting ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Dutchess Only the portion south of the north city line in Poughkeepsie WAGES Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a Consulting Engineer agreement DISTRICT 9 ... .. .. Categories cover GPS & underground surveYing WAGES (per hour) .. 07/01/2012 Survey Rates Party Chief.. Instrument Man Rodman. SUPPLEMENTAL BENEFITS Per Hour $ 33.70 $ 28.38 $ 2502 - ... All Crew Members OVERTIME PAY OVERTIME See ( B. E', Q, V ) ON OVERTIME PAGE 'Doubletlnle paid on the 9th hour on Saturday. HOLlDA Y Paid Overtime $ 11.70 .. ... See (5, 6, 7,11,16) on HOLIDAY PAGE See (5, 6, 7,11.16) on HOLIDAY PAGE 9-15dconsult Teamster - Buildin~ / Heavy&Hi~hway .. 07/01/2012 JOB DESCRIPTION Teamster - BUilding / Heavy&Highway ENTIRE COUNTIES Dutchess. Orange, Rockland, Sullivan, Ulster WAGES GROUP 1 LeTourneau Tractors. Double Barrel Euclids. Athney Wagons and similar equipment (except when hooked to scrapers), Low .. Beds, I-Beam and Pole Trailers. Tire Trucks and Tractor and Trailers with 5 axles and over, Articulated Back Dumps and Road Oil Distributors. Articulated Water Trucks and Fuel Trucks DISTRICT 11 - GROUP 1 A Drivers on detachable Gooseneck Low Bed Trailers rated over 35 tons - Page 6C ... Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 - Published by the New York State Department of Labor PRC Number 2012006660 Dutchess County GROUP 2 All equipment 25 yards and up to and including 30 yard bodies and cable Dump Trailers and Powder and Dynamite Trucks GROUP 3 All Equipment up to and including 24-yard bodies, Mixer Trucks, Dump Crete Trucks and similar types of equipment Fuel Trucks -and Batch Trucks and all other Tractor Trailers GROUP 4 Tri-Axles, Ten Wheelers. Grease Trucks. Tillerman, Pattern Trucks, Intmuator Trucks Water Trucks -GROUP 5 Straight Trucks GROUP 6 Pick-up Trucks for hauling materials, parts, and Escort Man over-the-road -WAGES (per hour) 07/01/2012 05/01/2013 GROUP 1 $ 30.35 $ 30 75 GROUP1A 3149 31 89 - 29.79 30 19 GROUP 2 GROUP 3 2957 29.97 GROUP 4 2946 2986 - GROUP 5 2934 29.74 GROUP 6 29.34 29.74 NOTE additional 20% premium above the hourly wage for hazardous and tOXIC waste removal This applies to all groups - Shift Work A shift premium of 10% on 2N D Shift and 15% on 3RD Shift will be paid for off-shift or Irregular shift work when mandated by the NYS DOT or other governmental agency contracts SUPPLEMENTAL BENEFITS -Per hour paid First 40 hours Over 40 hours $ 26.25 20.95 $27.30 2200 .OVERTIME PAY OVERTIME See ( B, E. p,r,u**) on OVERTIME PAGE HOLIDAY HOLIDAY - Paid. See (5,6,13,15,25) on HOLIDAY PAGE. Overtime See (5,6,13,15,25) on HOLIDAY PAGE NOTE Holidays worked Monday to Friday receive straight time wage for working plus Holiday Pay *Holidays worked on Saturday, code T applies -**Holidays worked on Sunday, code U applies. 11-445B/HH Teamster - Delivery - Buildinq / Heavy&Hiqhway .. 07/01/2012 JOB DESCRIPTION Teamster - Delivery - Building 1 Heavy&Highway ENTIRE COUNTIES .Dutchess, Orange, Rockland, Sullivan, Ulster WAGES GROUP 1 Drivers on all equipment over the road hauling over 34 yards DISTRICT 11 -GROUP 1A Drivers on all equipment over 40 tons GROUP 2 LeTourneau Tractors, Double Barrel Eucllds, Athney Wagons and sllndar equipment (except when hooked to scrapers). Levv Beds, I-Beam and Pole Trailers, Tire Trucks and Tractor and Trailers With 5 axles and over. articulated end dumps and road 011 distributors - GROUP 3 All Equipment up to and including 24-yard bodies, Mixer Trucks, Dump Crete Trucks and similar types of equipment Fuel Trucks, Grease Trucks, Batch Trucks and all other Tractor Trailers Dynamite & Power and Tire Trucks -GROUP 4 Drivers on Ten Wheelers, Tillerman GROUP 5 Drivers on Straight and Pick-Up Trucks - GROUP 6 Helper on Road Oil Distribution when operated by two employees WAGES (per hour) 07/01/2012 - GROUP 1 GROUP1A $ 25 16 2466 Page 67 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRe Number 2012006660 Dutchess County - GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 2416 2401 23.91 2481 23.71 - NOTE. additional 20% premium above the hourly wage for hazardous and tOXIC waste removal. This applies to all groups .. Shift Work A shift premium of 10% on 2ND shift and 15% on 3RD shift will be paid for off-shift or Irregular shift work when mandated by the NYS DOT or other governmental agency contracts SUPPLEMENTAL BENEFITS Per hou r paid First 40 hours Over 40 hours - $ 18 95 1480 OVERTIME PAY OVERTIME See ( B. E. PRS*TH) on OVERTIME PAGE Shift Work A shift premium of 10% on 2ND shift and 15% on 3RD shift will be paid for off-shift or Irregular shift work when mandated by the NYS DOT or other governmental agency contracts HOLIDAY HOLIDAY Paid See (5,12,13.15,16.20,22,25) on HOLIDAY PAGE Overtime See ( 5,12.13,15,16,20,22.25) on HOLIDAY PAGE NOTE Holidays worked Monday to Friday receive straight time wage for working, plus Holiday Pay. *Holidays worked on Saturday. code S applies. "Holidays worked on Sunday, code T applies. - - - 11-445sB/HH .. Welder 07/01/2012 JOB DESCRIPTION Welder DISTRICT 1 .. ENTIRE COUNTIES Albany Allegany. Bronx. Broome. Cattaraugus. Cayuga, Chautauqua, Chemung, Chenango, Clinton. Columbia, Cortland, Delaware. Dutchess. Ene, Essex, Franklin, Fulton, Genesee, Greene, Hamilton. Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara. Oneida, Onondaga, Ontario, Orange. Orleans, Oswego, Otsego, Putnam, Queens. Rensselaer. _ RIchmond, Rockland, Saratoga, Schenectady, Scnohane, Schuyler, Seneca St Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren. Washington, Wayne, Westchester Wyoming. Yates WAGES Per hour 07/01/2012 .. Welder (To be paid the same rate of the mechanic performing the work) OVERTIME PAY HOLIDAY .. 1-As Per Trade .. .. - - - - Page 68 - Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 - Published by the New York State Department of Labor PRC Number 2012006660 verti . e ode Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule -Additional requirements may also be listed in the HOLIDAY section - (A ) Time and one half of the hourly rate after 7 hours per day ( AA ) Time and one half of the hourly'rate after 7 and one half hours per day - ( B ) Time and one half of the hourly rate after 8 hours per day ( B 1 ) Time and one half of the hourly rate for the 9th & 10th hours week days and the 1 st 8 hours on Saturday Double the hourly rate for all additional hours - ( B2) (C ) Double the hourly rate after 7 hours per day Double the hourly rate after 7 and one half hours per day - (C1 ) ( D ) Double the hourly rate after 8 hours per day Double the hourly rate after 9 hours per day - (D1 ) ( E ) Time and one half of the hourly rate on Saturday Time and one half 1 st 4 hours on Saturday Double the hourly rate all additional Saturday hours - (E1 ) ( E3) - Time and one half of the hourly rate after 40 hours per week Between November 1 st and March 3rd Saturday may be used as a make-up day at straight time when a day IS lost during that week due to Inclement weather, provided a given employee has worked between 16 and 32 hours that week ( E2 ) Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather - ( E4 ) Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather - ( F ) ( G ) Time and one half of the hourly rate on Saturday and Holidays Time and one half of the hourly rate on Saturday, Sunday, and Holidays - (H ) (I ) Time and one half of the hourly rate on Sunday Time and one half of the hourly rate on Saturday and Sunday - (J ) Time and one half of the hourly rate on Sunday and Holidays ( K ) Time and one half of the hourly rate on Holidays - ( L ) Double the hourly rate on Saturday ( M ) Double the hourly rate on Saturday and Sunday - (0 ) ( N ) Double the hourly rate on Saturday and Holidays Double the hourly rate on Saturday, Sunday, and Holidays ... (Q) ( P ) Double the hourly rate on Sunday Double the hourly rate on Sunday and Holidays - (S ) ( R ) Double the hourly rate on Holidays Two and one half times the hourly rate for Holidays, if worked ( S 1 ) Two and one half times the hourly rate the first 8 hours on Sunday or Holidays One and one half times the hourly rate all additional hours. - IT - Triple the hourly rate for Holidays If worked Page 69 Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Last Published on Jul 01 2012 Published by the New York State Department of Labor PRe Number 2012006660 ... (U ) Four times the hourly rate for Holidays, If worked (V ) Including benefits at SAME PREMIUM as shown for overtime (W) Time and one half for benefits on all overtime hours .. NOTE.BENEFITS are PER HOUR WORKED,for each hour worked, unless otherwise noted .. - - - - ... - - - - .. .. .. - - - I~age 70 .. Prevailing Wage Rates for 07/01/2012 - 06/30/2013 last Published on Jul 01 2012 .. Published by the New York State Department of labor PRe Number 2012006660 olida ode .. PAID Holidays Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. If an employee works on a day listed as a paid holiday, thiS remuneration is in addition to payment of the required prevailing rate for the work actually performed .. OVERTIME Holiday Pay Overtime holiday pay IS the premium pay that is required for work performed on specified holidays. It is only required where the employee actually performs work on such holidays The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for' .. these covered holidays can be found in the OVERTIME PAY section listings for each classification Following is an explanation of the code(s) listed In the HOLIDAY sedon of each classification contained in the attached schedule The Holidays as listed below are to be paid at the wage rates at which the employee IS normally classified. .. ( 1 ) None - ( 2 ) Labor Day ( 3 ) Memorial Day and Labor Day - ( 4 ) Memorial Day and July 4th ( 5 ) Memorial Day, July 4th, and Labor Day (6 ) New Year's, Thanksgiving, and Christmas .. ( 7 ) Lincoln's Birthday Washington's Birthday, and Veterans Day ( 8 ) Good Friday .. (9 ) lincoln's Birthday ( 10 ) 'v^Jashlngton's Birthday - Columbus Day ( 11 ) i 12 ) Election Day .. I. 13 ) Presidential Election Day 14 ) 1/2 Dayan Presidential Election Day - ( 15 ) Veterans Day ( 16 ) Day after Thanksgiving - ( 17 ) July 4th ( 18 \ 1/2 Day before Christmas i 19 ! 1/2 Day before New Years .. ( 20 ) Thanksgiving ( 21 ) New Year's Day - 122) Christmas ( 23 ) Day before Chnstmas - (24 ) Day before New Year's ( 25 ) Presidents' Day - (26 ) Martin Luther King. Jr Day (' 27 ) Memorial Day - Page 71 - - New York State Department of Labor - Bureau of Public Work State Office Building Campus Building 12 - Room 130 Albany, New York 12240 .. REQUEST FOR \VAGE AND SUPPLEMENT INFORMATION As Required by Articles 8 and 9 of the NYS Labor Law Fax (518) 485-1870 or mail this fonn for new schedules or for determination for additional occupations. IThis Form Must Be Typed I - S lmitted By: (~eck Onl\ One! Contracting AgcrlC) 0 Architect or Engineering Fim] D Public \Vork District Office Date: ! Public Work Contract to be let by: (Enter Data Pertaining to Contracting/Public Agency) - 1IMtJame and complete address r- (Check If new or change) 2 NY State Units (see Item 5) , o 07 City o 01 DOT 008 Local School District o 020GS 009 Special Local District, i.e., - o 03 Dormitory Authonty Fire, Sewer, Water District o 04 State University o 10 Village Construction Fund 011 Town - 0 05 Mental Hygiene o 12 County ( ) ) Facilities Corp o 13 Other Non-N Y State Telephone Fax ( 0 (Descnbe) 06 OTHER N Y STATE UNIT E lall - ~END REPL Y TO ,0 check if new or change) 4 SERVICE REQUIRED Check appropriate box and provide project Name and complete address information 0 New Schedule of Wages and Supplements .. I APPROXIMATE BID DATE I 0 Addltronal Occupation and/or Redetermination - T "phone:( \ Fax ( PRC NUMBER ISSUED PREVIOUSLY FOR I OFFICE USE ONLY I ! ) THIS PROJECT "ail - B PROJECT PARTICULARS ! Project Title 6 Location of Project: - Location on Site Description of Work Route No/Street Address Village or City .Contract Identification Number Town Note For NYS units, the OSC Contract No. County - -,lllljl.Jature of Project - Check One 8 OCCUPATION FOR PROJECT 0 1 New Building 0 Construction (Building, Heavy 0 Guards, Watchmen 0 2 Addition to Existing Structure Highway/SewerfWater) 0 Janitors, Porters, Cleaners, .0 3 Heavy and Highway Construction (New and Repair) 0 Tunnel Elevator Operators 0 4. New Sewer or Waterline 0 Residential 0 MOVing furniture and 0 5. Other New Construction (Explain) 0 Landscape Maintenance eqUipment 0 6. Other Reconstruction, Maintenance, Repair or Alteration 0 Elevator maintenance 0 Trash and refuse removal -0 7. Demolition 0 Exterminators, Fumigators 0 Window cleaners 0 8. Building Service Contract 0 Fire Safety Director, NYC Only 0 Other (Describe) - ... Has this project been reviewed for compliance with the Wicks Law involving separate bidding? YEsD NoD '1 - Name and Title of Requester Signature - i}-39 104 11 - SEE PAGE TWO FOR LAWS RELATING TO PUBLIC \NORK CONTRACTS - - - - - - - - - .. - - - - - NEW YORK STATE DEPARTMENT OF LABOR Bureau of Public Work - Debarment List LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Under Article 8 and Article 9 of the NYS Labor Law, a contractor, sub-contractor and/or its successor shall be debarred and ineligible to submit a bid on or be awarded any public work or public building service contract/sub-contract with the state, any municipal corporation or public body for a period of five (5) years from the date of debarment when: · Two (2) final determinations have been rendered within any consecutive six-year (6) period determining that such contractor, sub-contractor and/or its successor has WILLFULLY failed to pay the prevailing wage and/or supplements · One (1) final determination involves falsification of payroll records or the kickback of wages and/or supplements NOTE: The agency issuing the determination and providing the information, is denoted under the heading 'Fiscal Officer'. DOL = NYS Dept. of Labor; NYC = New York City Comptroller's Office; AG = NYS Attorney General's Office; DA = County District Attorney's Office. A list of those barred from bidding, or being awarded, any public work contract or - subcontract with the State, under section 141-b of the Workers' Compensation Law, may be obtained at the following link, on the NYS DOL Website: - - - https://dbr.labor.state.ny.us/EDList/searchPaqe.do - - - AGENCY DOL DOL - DOL Fiscal Officer NYC. DOL DOL NYSDOL Bureau of Public Work Debarment List Article 8 07/11/2012 FEIN .....0711 -~ ! DOL I NYC ! .....5804 -I DOL I DOL I .....9095 r-DOL-f DOLI.....9095 _ ~-OOL DOL .....0635 I ~OL - DOL DOL - DOL I DEBARMENT I DEBARMENT "1 START DATE END DATE I I 25 CLIFF STREET : 12/21/2009 i 12121/2014 I I NEW ROCHELLE NY 10801 i. u~_~~,---.______I , 22 GRIFFEN COURT ',,1_0.~6/2010 ",I 10,1_2,.,6_,1,2.,0",1.5 ! --1--MJ.;~EG:~F~EC: ;~U1~~46 -I 1 ()/26/2010 ~0126/201 , MILLER.p_l!\gE i'J'r'J.1.I~__~ ____.___..!_______ 5902 AVE NUE N '03/20/2009: 03/20/2014 BROOKLYN NY 11234 i -to 6179 EAST MOLLOY ROAD : 06125/2010 I 06/2512015 ~ni ~~~; :::;~~~~;: ~~:5~ +1'_ . 0612512010-\ 06/251201 1-. EAST SYRACU"E NY 1305,,-+_ ----.t----- , 360 KNICKERBOCKER 10/20/2008 10/201201 1- BAT~Yf~~E11~1 ____~~___.___ i 194 ASHLAND PLACE : 03/06/2008 : 031061201 I BROOKLYN NY 11217 ~-~-------+--.'---1 C/O FRANK DECAPITE I 10/02/2008 I' 10101/2013 7 SYCAMORE ROAD I i I DRWOODBURY NY 11797 I ._ __--+-~_____I 2718 CURRY ROAD j' 07/08/2010 I 07/0812015 I SCHENECTADY NY 12303 -I 2718 CURRY ROAD I 07/08/2010 ! 02115/201, I ___ SCHENECTADY_N'r:.~?~_;____w___~__ _____ 367 GREEVES ROAD : 10101/2010 I 1010112015 I NEW HAMPTON NY 10958 I t---- ~ 43-28 54TH STREET I 07/01/2011 .1 07101/2016 i WOODSIDE NY 11377 -----t------ 18 EAST SUNRISE HIGHWAY I 01/2112008 011211201 FREEPORT NY 11758 1---~-+.-~-. I C/O JOSE MONT AS I 03/18/2011 ! 0311512017 27 BUTLER PLACEYONKERS i I i 513- ~COR~:~~:~OTI SUITE C i,--'05/2712010 nT, -C)5/27;201 ~E.~~_f'A_Rf<_r--JY 117291 l_n 230 PRATT STREET 09117/2008 09/1712013 BUFFALO NY 14204 670 SOUTHERN BLVD BRONX NY 10455 2458 EAST RIVER ROAD CORTLAND NY 13045 700 SUMMER STREET STAMFORD CT 58-48 59TH STREET MASPETH NY 11378 30 GLEN HOLLOW I ROCHESTER NY 14622 ---1-215 MCCORMICKDRIVE --~ -i. n ..!l2HE~IA NY 11716.~_, I 22 GRIFFEN COURT MILLER PLACE NY 11746 5755 NEWHOUSE ROAD EAST AMHERST NY 14051 215 MCCORMICK DRIVE I BOHEMIA NY 11716 r DOL .....8482 ARGO CONTRACTING CORP 5752 WEST WEBB ROAD , t YOUNGSTOWN OH 44515 tiIDNYO+CL ARIEBAR I 5902AVENUEN ~" ~~ ~ BROOKLYN NY 11234 ARTHUR C OSUORAH I PO BOX 1295 I BUFFALO NY 14215 " DOL \ .....8027 ARTHUR DESIGN ENGINEERS I PO BOX 1295 I ' I & ASSOCIATES BUFFALO NY 14215 I DOL ~"9336 I ARTIERI SPECIAL TIES LLC SWITZER 107 STEVENS STREET I DOL '.....2993 I AST DRYWALL & ACO~J:.~-+-46 ~~~Z:~::ii_Ji~:4711 I -12!;-6~2008" 121620',3 .__+_ _u~_.L INC . I : NEW YOR'S_N1'10038 ___J .....2534 B & B CONCRETE i ' 55 OLD TURNPIKE ROAD CONTRACTORS INC --c---- __..i .SUITE 611!'1!1_NJJsI NY 10954 BASIL ROMEO 243.03 137TH AVENUE ROSEDALE NY 11422 -_.~----_._- '.- - -- --- --------.-- 764 BRADY ;C'VE ,1\ PT 631 NYC AG DOL ~---_._. 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J~ AVE~lJ.E.BR20KL YI\JI\JY.2..1223~_ SAMAR PAINTING & 137 E MAIN STREET 12/01/2008 DECORATING INC ELMSFORD NY 10523 ~----_._---~ -~._~--~_._._--- SCHWARTZ ELECTRIC 89 WALKER STREET ___c.Q.N_TF\ACTORS.l.N_c:. _ __,___ _ NEW Y9R...K.N.!'_1o.o.13 -.--i- SEABURY ENTERPRISES LLC 22562 SE,Jl, BASS DRIVE ' 10/10/2007 P,:jrt OLT0r'<J i="! ~'),,1,)R I I f ~ DOL ~- ~ DOL I DOL. IooL l---~--_I _~ u~ DOL DOL I r I I l i I i : DOL , I >--- DOL --j NYSDOL Bureau of Public Work Debarment List Article 8 07/11/2012 I . f- ----- ------- DOL DOL DOL DOL DOL DOL DOL DOL DOL DOL NYC DOL DOL NYC DOL DOL I - ~ I I .....7229 I PETER J LANDIINC L-~~L.....--.- ._ I .....1136 I PHOENIX ELECTRICIANS . COMPANY INC DOL - -~-'~'t--~-- . . . 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PLACE ,.._____._______._...__+_.____.________..i__ . _.____~.______+_- - -- t ------------ ~------.------ DOL I ' TRI STATE TRUCKING INC - .+-~~ I 1.__.____1-- I DOL : _~ .__________1 I DOL i DOL DOL DOL .. DOL DOL - NYSDOL Bureau of Public Work Debarment List Article 8 07/11/2012 NYC I --r-11-27 30TH DRIVE I 00./20./2011 10-si2s/2016l ----t-- -~~ ISLAND CITY NY 11102 t- _u ----L ! I I C/O INDUS GENERAL CONST, 04/28/2010 i 04/28/2010. I i 1-=33-04 91ST STREETJACKSON I, :, HEIGHTS NY 11372 I --r----~---- - I - -- - -+--------~~_...--1 SIERRA ERECTORSI~~ 1~____.J_79N~~~~2~~~~E1'06;617 __~_04/16/2~O~l_~~/:/2014.J .....0415 I SIGNAL CONSTRUCTION LL~~_________ _i___~~~~~~~~~~tEsT ____ :__~:/.2~0~ 02/25/2015: SIGNATURE PAVING AND i i POBOX 772 ,08/13/2010, 08/13/2010. SIGNA ~~~~C~EA:~~~A T ING +_~u_____+_ 3~;~10~ZZ:~~~~~~E..-l04;Q4~2007-L08113/20--,_sl11 AND STRIPING SERVICE " 1 POBOX 772JAMESTOWN NY I I I --f-------+--~ 147~______L------. ' I SNEEM CONSTRUCTION INC ' 43-22 42ND STREET '07/01/2011 ~/01/2016l SPASOJE DOBRIC ___t__~_;:~~:~~~5i~~15~5~~_: 07/09/2010 io2I2312017~ .....3539 I SPOTLESS CONTRACTIN~ IMPACT I 44 THIELLS.MT IVY ROAD i ';0/14/2011~'1 10114/2016 I INDUSTr:I~L~ I POMO~4A NY 10970 . I SERVIC~~u___~_l.___.__--+ I .....3496 STAR INTERNATIONAL INC i I 89~5' S'R"G"EW BLVD ! 0." "'003 ~ I 06" "'__o_crl.__3_, i QUEENS VILLAGE NY 11427 .--- 1 .....6650 START ELEVATOR I I 4350 BULLARD AVENUE 01/28/2008 01/28/2013 CONSTRUCTION, INC. + _--+-_ BRONX NY 10466 I .....3896 START ELEVATOR, ' 430.0 BULLARD AVENUE . 01/2812008 t------o1l28;2013~..i STA~~I~~:~:~~:'~~~AIR, - '-------.. --t-435;:~~~A%:rD~~:~UE -lL-.01128/20013--t-C)1128/20.13 III INC --------L_ BRONX NY 10466 t--- __ ~~_. START ELEVATOR, INCd~_ __un -1- 43S~Q.~r~.!o~~~~~.L 01l281~~~8 ~__~1/28/2013____J STEED GENERAL I ! 1445 COMMERCE AVENUE i 10/09/2007 . 10/0912012 ' CONTRACTORS INC_---L-__l?RONX N:r'.~__l~______L._ STEFANIE MCKENNA I 30 MIDLAND AVENUE I 11/00./2010 ' 11/00./2010. p___t___WA~L-'-~c:;!..ON NJ .Q~~----;_____~'~_j--_~______~~ 34.08 PARKWAY DRIVE 07/01/2008 07/01/2013 BALDWIN NY 11510 ______ n____________...__ 1445 COMMERCE AVENUE BRONX NY 10461 SHAFIQUL ISLAM DOL SHAIKF YOUSUF DOL .....0256 DOL DOL .....8469 DOL .....8469 DOL .....0667 DOL DOL DOL NYC NYC NYC .....1216 i I -I STEPHEN BALZER - ---1- 10109/2012 DOL STEVE PAPASTEFANOU , i -L_~-I 10/09/2007 02/10./2016 , --L.___ ---J 06/09/2014 : I 10/20./2012 I _oj I 11/22/2016 DOL THEODORE F FAULKS 06/10/2008 06/10/2013 04/1612014 04/16.'2009 DOL I THOMA,S A,SCHMONEIT _~.__+____u_~___~_____n--+-__. - DOL I ! THOMAS DEMARTINO i _. : ..L............. DOL THOMAS TERRANOVA NYC TIMOTHY O'SULLIVAN 11/15/2010. .~+--- TIMOTHY P SUCH DOL DOL DOL 140 ARMSTRONG A.VENUE SYRACUSE NY 13209 10/21'2009 021 '2014 -~------- - 20-: DOL '''''5213 TRIAD PAINTING CO INC 656 N WELL WOOD A VE'STE C I 1!\!:lt:::J'\I~IIRc:.T ~,!V .,1--::;:',-; ... NYSDOL Bureau of Public Work Debarment List Article 8 07/11/2012 ... '=_~~~ ---~O~___ l-- ULIANO A~_~~ONS INC ~-=]=-MltEE~~LA I DOL --1-- DOL ~854 i VANESSA C~~STRUCTION t __ __ J 588~~~~~A i-- Do-e- II DOL--I' I VIRGINIA L CAP-ONE i- - ---- --I -- 137 E MA ,. ! " ELMSFO ! DOL--r-NYC--+I~936--r--v;sHAL C-ONSTRUCTION INC I. - -LzJ~o3J~~ ~-- ------r------ - - n ------~____L_______. ---------------__1__ - ---- r----.------- i DOL I DOL '.....0329 I WET PAINT CO OF OSWEGO, I i 19 E CAY e------L---- i___ :______~NC_______ L_~__l___.9SvvEG I DOL I DoL! .....7617 ~ WHITE PLAINS CARPENTRY I I PO ~- Dm---r-OO-L--i----t-- --WILLI~~::TNAM~I-- - - ___WHI:~~~ ~~t ~I i. D()'::-r-~o'-=l - =-LW~ ScR''''~j~~I-~~tf~~~~~ I "m"20" E;O_s/201S iDOL !I DOL I i WILLIAM W FARMER JR I I 112 i I ROC r-- DOL--t~c- .....54981 XAVIER CONTRACTING LLC 11 ---------~-- s~l r----.. -----"'1----- ------ -m-n-----t-------.-______ ---. _______,-__ I ::i :~ _. -I~z~~:::;~~s j _ ....1-,::; FEN COURT 10/26/2010 10/26/2015 CE NY 11746 M AVEISTE 103 08124/2010 08/24/2015 T NY 11003 IN STREET i 12/01/2008 12/01/2013 I RD NY 10523 i ----j AVE - APT F63 I 03/04/2010 03/04/2015~ 1GH.:rS NY 11272_1 UGA STREET I 05/15/2008 05/15/2013 o NY 13126 J 05/04/20171 BOX 309 I 12/04/2009 INS NY 10603 ---~._- -- GE ROAD 09/03/2008 09/03/2013 ... ... .. .. HUDSON A VENUE I 10/19/2009 10/19/2014 HESTER NY 14605 I - ~-- GAYLORD ROAD 02/10/2011 02/10/2016 RSDALE NY 10583 ----~-~~- SUMMER STREET 11/24/2009 11/24/2014 STAMFORD CT ANTHONY AVENUE 12126/2007 12/26/2012 RONX NY 10457 ~--~--~--- -- I11III ... .. - ... - ... .. .. .. - .. ... _ Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations - Applicability 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 trl this Contract pursuant to the provisions applicable to such Federal assistance - A, 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and -wilhout 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 contractual 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 l(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 CFR -55(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 55(a)(4) laborers or mechanics performing work in more than one classification may be compensated at the rate specified for - each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which ..work IS performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5 5(a)(1 )(il) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the contractor and its - subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers _(ii) (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 shall .. approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met - (1) The work to be performed by the classification requested is not performed by a classification 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 benefits, 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 (If known) or their representatives, and HUD or ils 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 classification action wilhin 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 Management and Budget under OMB control number 1215- 0140. ) (c) In the event the contractor, the laborers or mechaniCS to be employed in the classification or their representatives, and HUD or its deSignee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate). 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 A.dminlstrator for determinatIOn The Administrator, or an authorized representative, 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 Management and Budget under OMS Control Numb.er 1215-0140 ) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of thiS paragraph. shall be paid to all workers performing work In the classificatIOn under thiS contract 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 shall either pay the benefit as stated In the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof (iv) If the contractor does not make payments to a trustee or other third person the contractor may consider as part Previous editions are obsolete Page 1 of 5 form HUD-4010 (06/2009) ref Handbook 1344 1 - - of the wages of any laborer or 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 Davls- 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 ils own action or upon written request of an authorized representative of the Department of Labor wilhhold 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 all or part of the wages required by the contract, HUD or its designee 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 wrilten notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts, 3. (i) 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 peflod of three years thereafter for all laborers and mechanics working at the site of the work Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis-bacon Act), dally 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)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits IS enforceable, that the plan or program IS financially responsible and that the plan or program has been - communicated In writing to the laborers or mechaniCS affected, and records which show the costs anticipated 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 certification of tralllee 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 OMS 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 payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or ItS designee The payrolls submilted shall set out accurately and completely all of the Information requlled to be maintained under 29 CF R 5 5(a)(3)(i) except that full social secullty numbers and home addresses shall not be included on weekly transmittals Instead the payrolls shall only need to include an Individually identifying number for each employee (e g , the last four digits of the employee's social security number) The required weekly payroll information may be submitted In any form desired Optional Form WH-347 is available for this purpose from the Wage and Hour DiviSion Web site at hJJQ.~vv.\Ys1QLQ.Qve~a/whd/for!7,-s/wh347J(]sJr him or Its successor site The prime contractor is responsible for the submission of copies of payrolls by all subcontractors Contractors and subcontractors shall maintain the full social security number and current address of each covered worker. and shall prOVide them upon request 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 payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements It is not a violation of this subparagraph for a prime contractor to require a subcontractor to prOVide addresses and SOCial securrty numbers to the prrme contractor for rls own records, Without weekly submissIOn to HUD or rls designee (Approved by the Office of Management and Budget under OMS 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 prOVided under 29 CFR 5 5 (a)(3)(II) the approprrate Information is being maintained under 29 CFR 55(a)(3)(I) and that such Information IS correct and complete, ... - - - - - - ... ... .. - .. .. - .. - PrevIous editions are obsolete Page 2 of 5 form HUD-4010 (0612009) ref Handbook 1344 1 - .. - (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 ellher directly or indirectly, and that no deductions have been made either directly or -Indirectly from the full wages earned, other than permissible 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 classification of work performed, as specified In the applicable wage determination Incorporated Into the contract -(c) The weekly submission of a properly 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 subparagraph A 3 (11)(b) (d) The falsificatIOn of any of the above certifications may subject the contractor or subcontractor to ciVil or criminal .prosecutlOn under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code (iii) The contractor or subcontractor shall make the _records required under subparagraph A 3,(i) 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 subcontractor fails to submit the required records or to make them available, HUD or its designee 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 Furthermore, failure to submit the _required records upon request or to make such records available may be grounds for debarment action pursuant to 29CFR512 4. Apprentices and Trainees. - (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and .individually registered in a bona fide apprenticeship program registered with the US Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or -with a State Apprenliceship Agency recognized by the Office, 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 Office of Apprenticeship Training, Employer and Labor Services 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 enlire work force under the registered program Any worker listed on a payroll at an apprentice wage rate who PrevIous editions are obsolete - 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 permil1ed under the registered program shall be paid not less than the applicable wage rate on jhe wage determination for the work actually performed Where a contractor is performing construction on a project in a locality other than that In which lis program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified In the contractor's or subcontractor's registered program shall be observed Every apprentice must be paid at not 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 determinalion Apprentices shall 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 ber>,"fits listed on the wage determination for the applicable classification If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, 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 (ii) 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 performed unless they are employed pursuant ',to and individually registered in a program which has received prior approval, evidenced by formal certification by the U S Department of Labor, Employment and Training Administration The ratio of trainees to journeymen on the job site shall not be greatel 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 program 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 Page 3 of 5 fonm HUD-4010 (06/2009) ref Handbook 1344 1 .. 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 addilion, any trainee performing work on the job site i!1 excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed In the event the Employment and Training Administration withdraws approval of a training program. the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved (iii) Equal employment opportunity. The utilizalion of apprentices, trainees and journeymen under 29 CFR Part 5 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 subcontracts the clauses contained In subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, 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 subcontractor with all the contract clauses in thiS paragraph 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5 12 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings 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 accordance 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 disputes between the contractor (or any of its subcontractors) and HUD or its designee, the US Department of Labor, or the employees or their representatives 10. (i) Certification of Eligibility. By entering into this contract the contractor 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 participate In HUD programs pursuant to 24 CFR Part 24 (ii) No part of this contract shall be subcontracted to any person or film 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 (iii) The penalty for making false statements is prescribed In the US Criminal Code 18 US C 1001 Additionally. U S Criminal Code. Section 1 01 O. Title 18. US C , "Federal HOUSing AdministratIOn transactions", provides 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 shall be discharged or in any other manner discrrminated 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 Hou rs and Safety Standards Act The provisions of this paragraph B are applicable where the amount of the pnme contract exceeds $100,000 As used In thiS paragraph, the tenms "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 employment of laborers or mechanics shall require or permit any such laborer or mechaniC in any workweek In which the Individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechaniC receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. .. - - .. ... .. .. ... .. .. .. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages In additIOn, such contractor and subcontractor 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 DIStllct or to such territory), for liquidated damages Such liquidated damages shall be computed with respect to each individual laborer or mechanic. including watchmen and guards. employed In violation of the clause set forth In subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was reqUlled or penmilted to work in excess of the standard workweek of 40 hours Without payment of the overtime wages reqUired by the clause set forth In sub paragraph (1) of thiS paragraph .. .. ... ... - PrevIous editions are obsolete Page4of5 form HUD-4010 (06/2009) ref Handbook 1344 1 - .. ... (3) Withholding for unpaid wages and liquidated ...damages. 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 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 contract, or any other Federally-assisted contract 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 ...llquldated damages as provided III 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 shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth In subparagraphs (1) through (4) of this paragraph "'c. Health and Safety, The provisions of this paragraph Care applicable where the amount of the prrme contract exceeds $100,000 (1) No laborer or mechanic shall be required to work In ...surroundings or under working conditions which are unsanitary hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by -regulation (2) The Contractor shall comply with all regulations Issued by the Secretary of Labor pursuant to Title 29 Part _1926 and failure to comply may result In Imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96) 40 USC 3701 et seq -(3) The contractor shall include the provisions of this paragraph In every subcontract so that such proviSions will be binding on each subcontractor The contractor shall _take such actIOn with respect to any subcontractor as the Secretary of Housrng and Urban Development or the Secretary of Labor shall direct as a means of enforCing such prOVIsions - ... - - Page50f5 form HUD-4010 (06/2009) ref Handbook 1344 1 PrevIous editions are obsolete - - - C;",neral Decision Number: NYl20007 07/20/2012 ;:'[ ~perseded General Decision Number: NY20100007 :ate: New York ~nstruction Types: Building, Heavy and Highway lunties: Dutchess, Orange, Sullivan and Ulster Counties '~ .,:1-1 Yo r k . :=LC:::NG ~LLIVII.N CC2~ S~. ~~, ~,) c:~ I C~.: ~; F~: ,~2': -=- --, ,_, ...., ~. T ~ ::_J ~., r, ~' ~ --," ,....,~,-,- . /', '- ~:: ~ (does ~ot i~c2~ce ~:c:~(~ :-a:-r.i_~y hOf1.<.es c r I~: c~ pc r- r:-:.\ e:l t to anci inc~udinq 4 stor,'i('si! :--l~_A\/Y p.N[> HIC;HV~;'.Y OJECTS STRIJCTIO!' - M~dification Number o Publicatlon Date 1/ 6/ Cl/20/::'012 Ol/n!?012 02/10/2012 02/17/2012 04/06/2012 - 2 3 - 4 5 6 7 8 9 [)4/13//,~.U12 04/27/2012 05/04/2012 06/15/ 012 - 1 D F " ') ') i '0 l! -JlL<-..-/,_ -'-<- - =6/2'o/:'C12 ':17/06/201.2 Oi/2Ci/2()-1-2 12 13 _ASBE0040-00 05/01/201~ :"":L,I.,IVAN AND ULSTER COUr;TIES .. Rates Frir-ges ! ZARDOUS MATERIAL HANDLER - Duties limited tc prep2ratiJ~ wEt~i~g; s~=ippi]lg; remov2~; scrapp~ng; vacLuming; .. bagging; and disposing 0: 21~ i~s~~atio~ ~a~2=~~~S \I,; 11 e '= her t h (~' j.' co fl t a :; asbestos or not from - -:~ -,.., 1 ;' . .) ; 9.95 mechanical syste~s.. Insulator/asbestos worker (includes applicatlon of all insulating materials, protective coverings, coatings and finishes to all types of mechanical systems) . . . . . . . . . . . . . . . . . - .... c ? . ~ 4 18.95 ,., i\SBE 091-0 " /28 CL - . T ,-' ~~ f_ ,_ [. I_f/f(: It : scrsgou Iller/;\ DD Dallll uc a I i rem II IO;\ i\ S R()Ci. 111 111 Page 1 of 27 '~lD 725~'!)! :2 Page 2 of27 Ra t e s Fringes .. HAZARDOUS MATERIAL HANDLER 0uties llmited to preparation, wetting, stripping, removal scrapp~ng, vacuuming, bagging and disposing of ell insulation materials; whether they contain ~sbestos or not from .. ... mechancial systems.... -1.-_:._ -'-c.tor/3sbestos wc.rker '=~c:~;j(~es applicat~c)n of 2:: i~su:.a~i~g materials, .$ 2~.~_'5 () ,:?S ... p~o~ective cove~ings, ... coatlnqs, and f~nishes to all types of mechanical s 'y'S t ews) . . . . . . . . . . . . . . . . . . . . $ 3 S . 40 32,19 ... -----~----------------------------------------~----------------- BOI~0005-0Gl 01/01/2012 R8tes ... Fringes BO I LERMAKER, , . ..$ 47.98 32%+21.75+a ... F:JOT~:OTE : a. PAID HOLIDAYS: New Year's Day, Thanksgiving Day, Memorial Day, Independence Day, Labor Day and Good Friday, Friday after Thanksgiving, Christmas Eve Day and New Year's Eve ... ----~--~-------~-------------------------------------------~----- SR~YCC05-0C1 08/01/2011 - R2-C(-:?S Fringes CONSTRUCTION WORKER (BUILDING ... CCJNST?UCT ION:: 0U~C~ESS, ORANGE (2xcluding the town of Tuxedo) 2nd ULSTER COUNTIES Bricklayers, Cement Masons, Plasterers, Stone ... ~G.S-::;S. . . . . . . . . . . . . . . . . . c . . .,.J .37.5':' 'it""" 'l.r'> L.:)'i.~ .. (~?A~GS CO::X?y Im0~:~ r XEGO) Br:ck~2yers, Ce~er.t ;"'1dS0:1S, P~astE:rers, Stone ~\~asons. . . . . " . . . . . . . . . . . . . $ ]:. 5J ... 25.2:) CONSTRUCTION WORKER (HEAVY & ~~GHW~~' CO~5~RUCT~ON~ - ~RANGE COUNTY (Town of Tuxedc Bricklayers, Cement f\1asons, Plasterers, Stone ... r<a s cr. S . . . . . . . . .S 3 c ::S,: '::OIJST? UCTION VWRKER (H I GHWi".Y ~,~_IT::hE.5 2',; ORANC:;E E~=~~dJ~ the tcw~ .:-: €_r_ _.' . ,- ,. T ~..' - ~_ L.' 1 ,...,~ .-.:,,-, IJT I E~: ... ~_' ,~~ Irl ':-=-,' r' t j It'. I :~C'r"!2hc\lllC'r AppDitlZl Ll1l'ClITclllp'IO.\/-\SRQCj htm 7/:252012.. Page 3 of 27 - Masons, Plasterers, Stone Masons..... . . . ....... . . . ... $ 38.00 25.20 ---------------------------------------------------------------- \RP0279-00S 07/01/2011 - Rates Fringes =: :penters: - BUILDING CONSTRUCTION Carpenters, Millwrights, Pile Drivers......... ...$ 27.77 HEAVY & HIGHWA':{ - CONSTRUCTION Carpenters, Mlllwrights, Pile =:rivers...............$ 27.77 23 . ~)O 2:?, . SCl -~._------------------------------------------------------------ ~ARP074C-Q 2 07/01/2010 J 'CHESS AND ORANGE COUNTIES - Rates Fringes ~~LWRIGHT. . . . . . . . . . . . . . . . . . . . . . . $ 36.62 32.98 ---------------------------------------------------------------- ~~RP1456-003 10/01/2010 )e'rCHESS AND ORANGE COUNTIES Rates Fringes - )i ver Tender....... . . . . . . . . . . . . . . $ 42.10 )i ver. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 58.95 ) :k Builder & Piledrivermen 42.37 42.37 - DOCKBU I LDER. . , , . . . , , . . . . . , . . $ 46. 74 42.37 ----------------------------------~----------------------------- ,EC0363-CO::' 04/0~ /2011 - Rates Fr inges ~ :CTRICIAN _ DUTCHESS (Remaining Townships), ULSTER AND SULLIVAN COUNTIES...... ORANGE and DUTCHESS (Townships of Fishkill, East ?ishki::'l and Beacon ~ .. . . .. "l' 37.00 23.12 .. COUNT:':ES. , . . . . . . . . . . . , . . , . . . $ 'it. OC ~~3.33 -~----------------------------------~------------------------- - ELEC1249-002 05/04/2009 Rates Fringes - ~INE CONSTRUCTION: Lineman LIGHTING AND TRAFFIC SIGNAL INCLUDING ANY AND - ALL FIBER OPTIC CABLE NECESSARY FOR THE TRAFFIC SIGNJ',] ~;YSTEjVl=, ,n,lJD _ TRAFFI MONITORING SYSTEM , ROAD WEATHER INFORMATION S1 TEMS F.lagm(~;n Cl 13.50+6.L) +2 - !j :-;:---l 1,'J (-=i (~. 1 n e (~'per ,c, . . . . . . "~) -; ':--1 ~J I [C, -'- 6. ,. ..,-,," l.-( . SC'lS L' [Joiner .\ pp!)atw L DC ,iI/Tem]!,j n,\ \ S R ()( J, ht III --, ~ ,,= ()]:1 Groundman Truck Driver (Tracter Trailer Uni t) . . . Groundman Truck Dr I ver. . . Lineman and TechnicIan.... 1'-lechanic. . . . . . . . . . . . . . . . . . PAlO HOLl DAYS: ..$ 32.59 .$ 30.67 .$ 38.34 ,.(; 30.67 Page 4 of 27 13.'::,O+6.SHa 13.~)0+6.5 +a 1 :3 . 5 C' .~ (, . S -t a 13. 4-.6.5 +a .. .. a. Memorial Day, New Year's Day, President's Day, Good Frid2~v', Decor?t.:on DElj/, IndepenceTlce Da'j, Labor L'0~/, Thar..ksgiving Day, Chr_i5trr:as ="ay', and Election DE1Y f()l the President of the UnIted States and Election Day for the Gover~or of New York St~te, pr Gays ':=-~fcre .. 2 LEC~ ~~,~ - ~,,': (: , I~' -, J -1 J ~ \J ..:... ~ r ~~() dajs after the holida ~.ced the empl c'yc \r,'crks '::.\-.;0 .. ---------------------------------------------------.------------- Ine Co~structio~: O'~erhead Bf}d undergr01Jnd .::i i ,(_~ ~', r ibu t i on and 1'::ac,es maintenance work and all overhead and underground transmission line work including any and all fiber optic ground wire, f bel optic shield wire or any other like product by any other name manufactured for the dual purpose of grounc fault p~otectic~ al:d f~be~ cp~ic capabiL.ties (where no other ~raGes are or nave teen Invo'. '.led; : ,."1 <;1,lan . . . . . . . . . . . . . . . . . Groundman digging machine -:>perator. . . . . . . . . . . . . . . Srounili"an ~YUCK driver (tracter '::railer uni t) . . . . . $ 35.12 GrouDeman Truck driver.....$ 33.06 Lineman and Technician.....$ 41.32 ~echanic.... .......... .....$ 33.06 Cve~~e2C ~~a~s~iss~c~ ~inE v; ':):.-;: : ',.; :. C 1- E' 0 t. her ~::: ;:: =-.:::: s C"{:: I.:.r nav beeL iL\-:()~ved): :.~ag:na~. , . L~ r()":..211CJr:a Y1 ('I i gg i :;q E.a ch i fie ,:'-~'~;'::~-_::_='jr. .. .. Groundman truck dr i ver tractor traIler unIt: .... Groundman truck dr'l ver. . . . Linernan ar1d Technic~an.... [V) e c h ani c. . . . . . . . . Substation: Cab.'..e Spl_cer.... Flcgman...... .... rId mo.:,] t r'Jck: c~r i "-jer. . . S:ccuncman di gging JTlochine =-,' T~.: ~~;, .r ,:=;. t ~,r . . ~-:-.1 ~:m ,3 !'~ 1J i: - -=- \' ?:~.::' ~ -':'.-:_ '_ :.. :~-J r ~E:r ic C . .':> 4 . ) 9 .$ 37.19 .$ 26.29 . ~ ~ c; . 44 3. 7.2 ,S {:- 35.06 .S 43.82 .$ 35.06 45.45 .~ 24.79 3:?06 '~', -; . 1 ~ . 1 L .. Frinqes .. .. .. .. ... 15.CJlJ+G.S +2 .. ~ 5. ~)C-L G. S5';;+a 15.00+6.5Cj+a lS.OO+6.5~+a 15.00+6.5Ha 15.00+6.5Ha ... .. 15.:)0+6.5'5+a ... _.:S.~J~6.~i ". 1:=".C;0;.6.:~.l. 15.00+6. :~"'+a 1 5 . 0 OJ. 6 . 5 '6 .l. a 15.00+6.5';+a .... ... lS.CiO+6.S's.l.a 15. [)O+6.5~;+a J:', . D . _r:, +2: - >- (~ - (~i _+ -;lTS Qh\i] Ill'/" .\ ppDilt ilJOCll/./h'l1l Pi J OAA S f-i. (lei .ht JJl 7 ,.:; :21) 1~' ... Mechanic................. ..$ 33.06 _ Svn tching structures; railroad catenary in5tal~ation and - malntenance, third rail type underground fluid or gas fj,lled transmission conduit and cable insta lla tions i including any and all fiber optic crou~ product by an~' other ~~a~e man facttJred - ... f0r t~e (j~al curocse of r '~! -_~ :: '.=; -!: a,_ll-,: (' ,~ r- L tE:ctl'.:,rl - cC.c;c .0.- =- f? S :petype =6!~~e ~~s:a~_at:_c'~ 2~d iJ~t~en2nce jOb8 or pro~ ct , and maintenance - ::-:0 f rails; tY[Je cable installaticn c,l" :::p:icer...., . . $ '16.87 25.57 - [' aqman. . . . . . . . . . . . . . . . ~ . . . S - Grounclman D.igglng Machine Op era tor , . . . . . , . . . . . . .. ... $ 3 8 . 3 5 Grounclman Truck Driver (tractor-trailer unit). ...$ 36.22 r ndman Truck Driver. ...$ 34.09 Linem2G & Tecllnician. ...$ 42.61 ...$ 34.09 ... Mechanic. . . . . . . . . . .. . TELEPHONE, CATV FIBEFOPTICS CABLE AND ... SQ~: l ?>~E:>JT C'able sp:icer........ (:~ro1Jnd:Tlan........... . ..$ 27.99 ,.$ 12.48 Instalier Repair~an- '--'-'plec-:ata - ~il.er;-~c:'Il/Tec'niclcn- ESUlp~e~t Operator.,. Tree '='1 i:Olmer. , . , . . . . . . ...S 26.57 ...$ 21.64 c~)TNOTE : Page 5 01'27 15.00+6.5%+a 15.00+6.5C+a 15.00+6.5'+6 15.00+6.5':o+a 15.00+6.5"'-ta 15.00+6.~,'o+a 15.00+6.5Z;+a 15.00+6.5%+a 4.43 l' 4.43 + 3;' 4.43 + 3'~ 7.36-3':; > PA=~ ~OLIDAYS: ~ew Year's Day, Presidents' Day, Memorial ~c_y,~c:o:=: ~r-icicYI :::r;cepe:lce:ice Day, ~abor Day, Thar-:ksc;iving ~<7_Yf C;)! ~s-=~.c:s Jay, c-:;,:-:::: ~=-'2c":.io;-_ Jc.Y for the ?!"Esic:2:1t ,): ," (~,--- ). 1.-_ (~ -h":)2:"' S Stares 2nc 2~ec'ion Jay for the Governor 0:::' ~he 1)n~t - e ~- (- , 1-="-''::-0\7" (:>-:- c:~~t-, .,".10:::'1=-0 ~J J '- '-- -rwo cays after the 'lo:icay. f !'~e.., t,,"iC' (j2, ~y' s 1, t-:-. ~: :-::.:. '.:: J. New Years Day, Washington's Birthday, Good Friday, ~)ec,.-=-'r2t_~cn Day, =:ndependencl? Da~ll :..Jabor Day, Veterar:' s Day,', c:-hat;t:~ [)nY, :~'2.y aft.er Thanksg"iving Day and C::nr_;l.s~~mas ~LECl249- 05 OSlO nOlI .' L I ~ je_ ~ J - ,~-, ,~! :'] T Y - Ra te - F rE' e '_ ( l :-,,-'J~ l.'hJlllt'r\I'I'UiIUl Il)C~ll ft'mpIO.''\.\SROCi,l1tlll 7/Y:" in! "\ Page 60f27 ANY AND ALL FIBER OPTIC CABLE NECESSARY FOR THE TRAFFIC SIGNAL SYSTEM, TRAFFIC MONITORING SYSTEMS AND ROAD WEATHER INFORMATION SYSTEMS.. Flagman.............. ...$ L Groundman Digging Mach ne Ope rat 0 r . . . . . . . . . . . . . . . Groundman Truck Jriver (tractor trai ler uni t) . GrounciJnan Truck Driv r. ... $ ~ - - .21 '/ c., + r.,.~, Co . . y ?,.7 . 82' 7.5 t .5 - . . $ ~',~-) . I 7.::: --+ c, r::., -; . ~\ ~inema~ & ~e hn__cian. :.)::: ,1'2 r. - tJ!echan.i c . . . . . . . ,~ Fc<)rL-'NOTE: - a. New Year's Day, Me~orial Day, Day, Thanksgiving ;Jay, ChY-Lstmas ~'d,>" Good Friday, Decoration D~y, Election of the Un.~ ted States and FlectHm Day ncp .-JCC? Day I [-,abor p_\2~~ Fresident' s Jay, Daj: for "=.he l-e ide?l~ fer ~,-_he C;cv>='~rn or - ~he State of New York, pr ided the ('m~).l V~E:-=:' 'v-lcrks (:? day before or the day after the holiday. ------------------~-------~------------------------------------- ... ELEVD138-001 01/01/2012 Ba t ~ F'r i n r:~ s ... ELEVATOR MECHANIC. ....$ ~)O.ll 23.S3S+a+b FOOTNOTE: - 0..8 PP.::::D HOLID]J.~YS: ~\e',., -::'c:{:::c's 2a~:/ ~1e::H)::_i22. Day, :::nclepenclence Day, Lebar 'Jay, Vetera~;'s Day, Than,;scL',;~ng Day, Friday after Thanksgiving, and Christmas Day. - b. PlJ,:] \j.LlJ:AT:ON: ~';-n~lOjn?l- c=>ntri1.)L~(:S 8r~ ,-): y':;gular basic hourly rate as vacation pay for employees with more than 5 years of servicE I and 6;:, for emp-=-oJ/ees ~,;i -ch .~~ss than 5 years 0: service. ... -------------------------------.----------------------------------- ENGIOI06-004 07/01/2011 ." NORTHERN PART OF Du?CHSSS ( rr(-~ \ - _J ~~e Ncrttern 38~ndary l~ne of ~he :'::~~':y of ?c>~--= ,~ee=~lr:::- - p.c~ "-~es ?: ~:-:c;'e~, - ?ower S~~i?~en~ Qpe~~~o~ HEAVY & HIGHWAY GROUP 1 $ , - ;;: -1- a , " ~ G?C'U P ~ Co 33 36 ~ " C,+ a , GROU P , C: 3 ~: '1 c, L t3 y ~ GROU P 4 $ 2 9 88 21 8 :l+a GROUP S C: 34 97 2 1 8 5+a y GHOU F \:) $ 3 3 79 c, foa GPeU F ') c '7 - L~", + a " " .. - POWER EQUIFMENT OPERATORS HEAVY & HIGHWAY CLA~SIFICA7T0NS - C~PC':__~? ~: -?CCIT 11. ,-'vel: ;>;-~5 ,;:..:r:t=".:: ! : r ~.: F -: ~:'l. t <>r; "":L'G 1 t ~' r : C _f( .':-' ~-eel e:":-~- :rr:::G~_ ... ~~el-ne;;'~: nr--.:. ~ f: : T, "Y ~ k (' t:SCTS ,L~holncr AI1pDiltail uedl' Icmn!O\\SRO( ihtrn i"~:2(Jl~.. Page 7 of 27 Crane - C:;RC;~lP ;:. ,:;.,-~t crete Spreader (C~I Type), P,utcmated Flne Grader, Backhoe (Except Tractor ['1ounted, Rubber _Tired), Backhoe E;Y:C2~Jc~tor Full Sh1ing (CAT 212 cr similar t"ice', Ee~t ?lacer CHI Type), BlacktD!=- Plant: !l,utomateo'" truc~ tons nd under), Cablew,"y, Ca.i ssor: Auger, '=e;Jt ral Hi;--: rete~ Plant (Autc)mated) , Concrete Cur}:::::- ..I;a ine, Self-F()rI~'ell S':iF~form! Concrete Pu:mp (811 or ~)\~~'_: DrEc:~re, .....'U2__ [)rurn Fa\:er I EXC2vatcr (All. Purpose- H _ lie Gradall or similar; Front End LC>2-~>?r :"~ ar c ;=CY H~2d To',^,er (Seuerm,:=:n r -Sc::. Vol < r Three rum), H ~lanb ~C:6 r, ~~ne ~;j C. ,~C:, ~~a'\}ejT1_e~-lt Brea(l?-r (,::.F! :\ f :~_. s:- ,::::; ~I ,:':' ~- e ?o\'\'C'r _7?:ace:::! ~c:_.le: - ,. ~~ . ! , >1c.s~~~~:r lor ECL;.l '}2,~e;:; ~) . ~~ .. , _ --'- p :- c':- ::::, 1:) c. "I] ':::- , -3..::: t c:- _.:- -3.,:r" del::", 'Tr f; cr aller MOllllted LOg (~h~ppel ~3nned Rerlted EqL.ipment :;~ =f-:;I~'d(:l \ ':''00 Ot=:'E rat r ~ : ':"lc.ie,::i \ f:e': r:~. J... :;1;' a~t Pa\7e~, B~c'}:h0e (Tract0~ Mou~ted, Rubber _Tir Bitur:iinous Spreader nc:: :Vjixer, Blacktc:p ?lant (Nc,n~Autorlk~ted), Blast or FC1tary Dr~ll (Truck or Tractor I~C'u;-jted,\, E,c.rlIVj Hachine, C qe-Hoist, Central fViix Plant (Non-Automated) and All Concrete Batching Plants, Cherry lIlII!='icker (S Tons Capaci ty and Under), Compressor s (4 or less) ~ .:::. n'~~ C.F'.~\/:. C'or.'"l:<inpd Capaci.t Con eye t e F r3 \; c: r ( r 16S Ccncrete Pump (Under 8"), Crusher, Diesel FOI,er Jni t, Drill Rigs (Tractor Mounted), Front End Loader (under -4 c. y. H', - Pressurrc - Bo1. lC?r (15 Ibs. and over I, Hoi st (Cnp Drum1 Kolman Plant I~oader and Sirnilar Type Loaders, ~' :/~O-::>: i-3C:L3t Cpe::E~or, ::""occr:",o::"'le, M2in~e:-:C1r:ce ~!lq.neer/Greaseman/ i'lelder, !"iixer (For Stabilized Base Se~f-Propel].ed) r ~~onora~~ Machine, P~.ant Engineer, P0g "I..i':J/ Punp Crpte, Rpf-; ~~i;,< CCLcrete ?lant, ?efri(;eration r.:"rH:~cj- (?"""c'[ So: - 2t-;--~bi~.--,.7,:~;t j(\n:~ r R(~)(i('~ ~'Vid0n0rf HOJ l,::~~ "(,:1,1.~ l\c'c."'.Je Sl_J~';glddE:), :3ee. ;vju.l.(:;, Se:f--containeci Eide-on-Rcck ;)riJl, ex'"::~'~~ ing Air r::'rack ':'Yt")8 J:-~llF SKidde~, .~ract()r Jit~ ~oze~ a~~/or Pus}ler, ~~e~lcher, ~ugger-E;~is~f Ver~eer .;aw (r~oe on, any SliCe or type), \hnch, Winch Cat:. GROUP 4 - A-Fra~e Wi~ch Eoist on Truck, Ballast Regulator Ride- C:1,', Compressors;~ :-:0"_ ~o exceed 20'J0 C.!C.M. .fo~:::;- :-:p~~ '=c.pc.,~.~~y; r ~ 0: _e55 ~:~~ ~~o~e ~~2~ ~2~J C.?~. ~ '- -~~! e>:ceec 2 'j Dus': (~:.,'.~~ec~cr5r "t-=: r--:. T _ ,- -,,=-:,,~!S, h-~-:: ~,,-' \.'~, .h _ j~es r h ~ p ~ ;:: :-1 - ,-: I /: \ '--: .u.r:y -\iC}t-=:-' .. CC::':.~~l_':.C __ ~i ~~ s;]e-~ s, CO~iV8yor, ~'r _ ~.: C'c:::-'? I _'~ __ ~ _ ~Jc -'--1:-_' j.. >=- ~:c \/e:- e:: Sp.':ea'':':e., s ,~;'~.': Machi~e Locator, Jirectional Dril~ :::_~.,:--': 2.- _c ?...:.r.::; ~~ see := =-_ ~!L -= .~~;;= t:_ 0:: 11th Wel: Point System, farm Tractor wIth Accessories, Fine ~rode ~~ach~ne! For k Li ft ( un ET 1.5 ft.), Gro..1- F'Jrrr;:; tE H2C :e / J--:-:=:I:':in-:~r::; h ~y"j r a u .1. .i. C - '-:: E.~ ~i. f - F r '=:, ~ c:; -L led , ~ ,~~ e r PI re,-Blest>.?r ~~.:' Fe, s t r-~~ ole Die (~- ~ :3 t. '~.i ~,-~or, FC'".,'(=:"I ~)weeper, F'=.llEI ladE- and Fill ""Ride- On Spansal' (Ride-On), Skid Steer loader si~ilarl, S~mbersible Elec~r1c Pump I~hen Used .Scarifiel (Bobcat or _ '1 ~ieu Of F- :i t ':- t r::~, or ('i::nr-:e::: _I'r ',-,',j F:-:ty0.C ;:; -' f::- Hanc1.l>==?r, 'TiE '--:erter (Ride-C:-1 \ : "; (::;.:. Sc(~.cer- f.'Cc l :.~ e r , T1 tC'I,"\ ~ ,= \^,: r::--: ,': c_ , .1 Tamr, '/,:c_ t==-c: t.1 C'Li\'.J. ~ :- ~r_ _-':fC ~ e :--:; r: C~ ,_ ( l sn~ ,111LI .\pp[ )d!:l lllCl1 f i,'m]! !lJ\\SRQCiil1rr1 -".:;:nl: Collectors, Generators, Pumps, Welding Machines, Light Plants (3 or less of Any Type or Combinatlon), Concrete Paver or Mixer (16S and under), Concrete Saw (Self-Propelled), Fireman, Form Tamper, HydrauLlc Pump (,Jacking System) I Light Plants, Mulching 1'-lanchine, Oiler, Parapet-Concrete or Pavement Grinder, Power Broom (Towed), Power Heaterman, Revlnius Widener I Shell W_lnder, . Steamcleaner, Tractor. Page 801'27 .. - GROUP 5 - Master Mechanic - GROUP 6 Crane Premium with Boom Length and Jib 150' - GKOUP ! - Crane Prernium ',.} i th Boom Length <s!; O-'ler. cC' , ar Towe~ Cra~e ?rem~~JD S .5 Haz~at work premcum $2.50 Hydrographlc $ .50 - FOOTNOTES: a. PAID HOLIDAYS: New Year's Day, Day, Labor Day, Thanksgiving Day, the employee works the day before holiday. - P.lemor ia 1 Day, I nciependsn Christmas Day, provlded and the day after the - ---------------------------------------------------------------- ENGI0106-008 07/01/2011 .. NORTHERN PART OF DUTCHESS (TO THE NORTH EN BOUNDARY LINE OF THE CITY OF POUGHKEEPSIE) BUILDING CONSTRUCTION .. ?a es F'r ir:(;~::s Power equipment operators: GROUP 1.... GROUP ., GROUP 3.... GROUP 4.... GROUP 5 1 . . . . . . . . . . . 2. .. . . . . . . . . GROUP 6...... GROUP 7...... - ::;ROU? .$ J') 85 J _' ~ .$ ?') 41 ,-,_.J . $ 32 50 C' 29. 93 .y .$ 34 35 . $ 34 85 . S 34 35 . $ 34 50 C:. ~- CD .y 2:C.EJ+3 21.60+a 21.60+a 21.6C+a - 21.60+a 21.60+a 21.60+a 21.60+a ..", L _ . ;J'-./~c .. ~azardOLS wor~ - Anytime 8perating Engineers are involved ~ith leve~ C or above, $2.50 per tour 0ve~ rEgJ16~ rate. - ?~~C, T:\; O~2 : a. Paid Holi::iay: Da~:, Labor Day, New Year's Day, Memorial Day, Thanksglving Day, Christmas Day Independence - PO~ER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Crane, hydraulic cranes, tower crane, locomotive crane, pliec~_:ver, cableway, derricks, whir:ies, c:rar]':'ine, bC;()ffi t.rucJ.: (.c:,ve::- -5 tons) - GROUP 2: Shovel, All backhoe (except tractor mounted rubber tcr~:,<:i ,John "maIler) I c::rac;all F'.wer ro - ~rcnt- l~ubt:'el ~C,3 Li l' r \/ ma::: -to r=:, l- Tn U '~: _~: _1 1-~:; ch"1 :";f? f - ~. F? t e r(:,; t '" ..:mp, I_ (, L r (::0 t: e ;- Ie: ( liserS..EholnL'l" Apl,l)atail()C:II/Tcrnp..!O\\SR()< !.l1tm 7'''20i: .. Page 9 of 27 automated asphalt concrete plant and tractor road paver, -boom truck (5 tons and under) . GROUP 3: Backhoe, Itra t(::>r mounted rubber tired equivalent _to John Deere ')10 or les:,,), bull:lozer, pushcat, tractor, traxcc"\]Citor, scraper, Lel'c)L2rnea.u gr der, forrr: fin(-:, qrader, roaa ro ler, blacktop r ller, blacktop spreader, power broom.::::"" s'w'eeper E; I trench i!-l1:J machi.nf=:, Barl-=>er Green J oader! _Side r>:;oms., hydrohalTUller, concrete sr)reader, concrete finishi.rl'? li(ac~~inef one :C-l.::m hoist I power hO.'3tin~J (.'3.ingle Jru!n), h ist - tVJO Or'JPi 1- more, t}jree drurr. engine, pO'der '~lJ;: and ~.7 e r \ r U IT; and s 'v,; i :-, C--i i n ~~ E' r; 9 _~ n~? ! Svv'lL -i..nr; er!~~::.. hod hClst, A-L fre~e willches, ~ lle:c::. cr~~rc. st J_E ~iC(l :-, fficdpJ i:-: c:-:.d ~,_ r';:J """-',-,~ s~~li _ ~-:',c ':~ r.:2. [; '-:3- I ;~'>,::=:"': c;' ..-:;pe~'a t ::.. n key' ~_ :')C '~0_:_'~- ~:: , S K ~ _J :--; ~ e e r ::12(j~: , ::~- r: :<:.~c. T,/ c- - (~. -:.. ~, -, ::.6 -"-- ~(- ~ ~;~c~;~) .:; F'or f( ~.:- _.. ..i... ~, hi c;'h - ~ ~ ~ _...L _ '-- f .Ll"':---"--_;' , Ol.ler, firernan and ~le2~vOY- ty greaser} bo.i - eys, en s-':.eaYn 0enerd7.:.or~:~, pump, v_ibrat 2., :llotor mi;x:er, 2 .1 ccmprE~5S0r, d\Jst col.l(~cto::r, :,:eldincr :Tiacr.in~, 'v,:ell pc"'r,-'- T:':ect":c..:.nicel hea-!::.er, t~-'nerators, ...~empcrary! light f)lants, cncrete [)umps, elect.ric submersible pump 4" and over, murphy type diesel generator, :onveyoT, elevators, CD~crete mixer and belcrete power pack (belcrete system), seedino, and m'~lching machines, pumps. - ~~F-~O;}~\ :': __.ra~e rl-em~~;!Tl.s lover ISO' 2- over 200 I 6: ':O'..le r '-./rane - ;PJ:]P 7: ~I;c::tel 0'~ec}--.anic (r)ther t~13n rn:clear \-\7orJ.:; . F .L r >~':.~chan:c 1) 1..:' .= 1 par \<; \~) r Y. .--------- ENG=C~3~-~~~ 03/~7/2011 \...'Cr;ESS UJ:JNTY (POUGHKEE PSI E ANSI SOUTH Tl-:EREOF) 3[1Tl.,DINC; CONSTRUC'I'ION - :=:(~.~E:5 Y'=- ~ ~l,::-es - ~c: }_ir~Er:: GRO:'JP .A... ~--'~c:: ~o:- - 'GROUF F -A-L.. $ ij 5 67 S ~. ., f c' el ,1 OS y $ 4 L 4 2 $ I, r 3 6 ,I S iJ , 9 9 $ c. 4 4 $ -'1 0 3 6 $ 3 8 2 4 ~ -7 <) S $ 4 c' 4 6 S c c . () L C C - " ~ 24.7[,+a _E. , j-C. GROUr A. _ GECU?:?. (~HOC: F ~ o. . 4 .70+a 24.70-'-a .,~ -'-2 - (:FOLT ';c',.. GPOU? "13.. GROUP SA.... GRO:]? 53.... ;2':j.70+3 24.70+a 24.70+a 24.7D+a GPOU~ ~'-A-l. ~'~.! +a 24.70+a +3 .-, I' - h - ~ . '/ c -.~ -. ~ . '2 - " i+::> -- ~- c- - (_- "' O+;=: -.- C l' sers. Ill'l" \pi'[)(JtCi l ()UiliTCl11p'lOc\ASR()( i.hlm "" : () 1 .:' GROUP 6-8-2.. Group 6-8-3. Page] 0 of27 .$ 38.03 .$ 41. 71 24.70+a 24.70+a - NOTES: Hazmat: 20% above regular rage Pumping operation Premium .50 .. Crane Operators (100-149 ft) 2.00 Crane Operators (149 ft +) 3.0D - Loader Operators She ': '? 1 Op era tor s (over .5 C'J y) .50 (over 4 CD ydll.DO - 1:"'('.nrr}l'~\~\:;"' . .;". '-~ \.... 1 .. "'~' .J. ...... . (~. ~~ew Years ~BY, Me~o~ia~ Da::/, Inde~)en.jer:ce Day! La.(-)or Day Da~y., pl~.ls Linco~n I s Birth~iaYI .. T~a~ksgi\Ji~g Day, Christmas ~as~~~~gtor:ls Bir~hdaYI Good Electien Day, Veteran's Day. Friday, C,~lumb:_:~ Day, Nc~ember POWER EQUIPMENT OPERATORS CLASSI?ICATION - GROUP 1-,0,: Carrie:,- t.railer 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 uni t; hoist engineer-concert (crane-derr ick-mine hoist); hoist engir:eer- material; overhead crane; power ho:",,' plar:t; teleph:e:c' (cableway); whirly; !n2lIltenance engineer; Lull hilift or similar; hydraulic crane 25 ton and over; cherry picker 25 tons and over; backhoe Oliver 88; f erdson; dynahoe; dual purpose and simila r machines; Barber Green Leader-Euclid loader or similar type; conway ()r sir~iiar !~'Jcking nacklng machines; dragline; gradall; sf-.oval; backhoe etc. (crawler or truck); front. end loaders; hycrau':'ic boom; jersey spreader; lift slab console; letcurnes;u e)r tounap;...:l (scrapers over 20 yds struck); ~ucking machi~es; 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 equipmer.t; winch truck (a frame); hydraulic crane over lO ton up to 25 ton); cherry piCKer over 10 ton .. .. .. .. - "fII "r' ~.,:) 2: tOL) .. C;::::~~li,~?, . _r::~: ress':~'} \s-_ce_~ (':-c:ctio;j); ;')''':_~SE: IT\e~er c:r-j pusl.... bL:~~CI':: b',,:zz ~ox; e.i.evG:o~; rr;ecLa~ic (o'Jts.:.de; c:~~ types; welder; scrapers 20 yos struc~ and under; mac~iEe pu__i~g sheepls ~c'ot ro~~er; vij)ra~ory ro~~ers; ro_~er 4 tons and over. .. GROUP 2-A: Compacta:' self-propelled; grader; bulldoze D7 and simllar tractors with a draw Lar horsepower of 100 or over; bulldozer D6 and under; welder; scraper 20 yds struck and under; machine pulling sheep's foot roller; vibratory rol'::'ers. .. .. GRO'lF ]-A: Asphalt clan:; hOller Ihi mix~nq plants; concret.c pump; firemen; c 1 f~ r~~ ::. r .l C ; pressure:'; c:oncrete forklift; forkllft - (~\j dyi_l2 l C'a";F ,:' I /.-, \' a:r rj? 312 C U !-J f~-. siIr:_-~~ _~ ~ract'-jr clri.lllrJ'0 mac:-:y,j_ne; CIT1C-:t i ':}e 17C5 ::,-:;~ c r '= \::_ e; ~ _. ~ '<. . - - , :tcL>l~~ ::"pL..:: 1 t_ - lC;j'. r ~J ::-::: r, c~ c,. q -~; a 2: :;- :': t y k ('. l.~crs.Q.[l(>llltT .'\ppDitlil j uc;ll 1l.'l1Ip/fO.'\/\SRO(j.htllJ 7'':;::'OI:='.. Pagel] of27 stone crusher; well drilling machine and well point system; .... cherry picker under 10 tons; hydraulic crane under 10 tons; concert buffy; cne yard an up ride on dumper (benfcrd or sirnilar) . - GROUP 3-B: Compressor over machine regardless of size; generator); welding machine _ excavaticn) and compressor hoist. 125 cu. feet; c>=:>nveyor belt lighting unit (portable & (steel erection and plant; stud machine; laclde::- GROUP 4-p,:. l\iI tractor drill; tatcL ant; }~ending - ccncrete breaker; c::oncrete spreacer; curD c,,~t ter ;:',cc farrfl tractc'r (all types); f ir,:...sr~i~ r;-,achi:-:e-c _crt::-~ chine; ~ -r ~ . -.. '-' , e9avac ::lean air ~a~hi~e .. ~~~:~:~~:'~~~~~~U~~~:;I ;~~; C .:... -'- S ~. ~ _ c r := \.':-_) e~': _ e ~': Co \ c _ r-san~-sto~e- cren:; "-,. '_1':" c:n 1 ~1G ere. s ~-- .<:;:; ?.de r ; r)).Jmp-gypS~_Hn, etc ~ I p:Jmp-plaster-grcu ~f.irer roofi~g; c: rnecnanic (not employed on ,job site" roller ~:.:nder .; !_/jn; ... spreading and fine qrading :11achine; steel. tting !T.achi~",;e; syphon pump-air-steam; tar joint machine; -Jrbo jet turner or sirnilar eq~jipment,. "tJibrator (-, :)),. f~;_ gradir-; ...machine; rClo: hoist:_ (tugger hoist) tele",lislcn cameras-water- sewer-gas-etc. GROUP 4-B: Compressor to 125 feet; dust; d-,Jst collector; _heater all types; pump; pump station (water and sewer); s':_eam jenny; sweeper-; chipper; .'.obey. GROUP 5-A: -truck. Concrete saw; oiler fuel truck and oiler grease I::;P,O,jp 5-3: ~iler; paint c02pressc'r; sotQr~z .rol~e:: Iwal~: _behind); :::,:c,ckroom attencianc:. ''''''OC? S-A-i.: mc.ster :Tl€<::h.::n:ic. ~OU? 6-A-2; hellcop':or hoist opercT:or. 00? 6-A-3; welde~-certified. - CROU;: 6-A--4: helicopter-pilot C0P 6-A-5 :'leL_cop~er-signalman - G;:,.=.,:~"?~-A-6: S~Ci~_E:GrS ='J~ c.~_ ":.c'-I",'el" Cr6r,E?:S, C~2nes and 2~_ cranes cf l2J ~O~ capacity r .,~. ~:. ;.c :- eat e :.- -) SO:) ~a~~~owa(: or' si~~_a_; ir~es?ec~~~e 0= ~-a~c~2 ~L~Er 2r~c -regardless 0: :'10w Lhe salT,e is riggec :excep,- ior pile rigs) l ;)UF 6-B-1: UtLl tj man. - GFCUF 6-8-2: \<arehou e man. ROUP 6-8-3: cable splicer. ~-------------------------------------------------------------- E~GI0137-0C7 03/07/201~ F...Jghkeepsif: E:tnc1 Scuth thereof S,atf:.C ~ ' t r:ince,c ,,~." ,>-<. ~ 1_ ( I iscrs I ner /\ pp r ),1((11 OC ;11 iTcmj1 I (h ,\ S R ()( j. iJ till , "(1]-' Page ]2 of27 GROU P 1 $ 5 1 1 1 2 4 37+a GROU F 1 -A S 4 5 1 i 4 - 7 +a GFeU P 1 -5 c. I] 6 7 6 " ^ 37 +a y 'j GROU P L -A $ 4 3 3 0 4 3 7 +a GROU P 2 - 5 $ 4 4 62 4 , 7 +a GPOU p 3 " 4 2 ') 6 - 4 7 T a L ~ GROU P 4 -1', $ 8 7 7 - 4 .., 7 + a .J .. GPJJU F 4 -B c' 3 4 2 ,q 3 7 + a y " GR,C>U P 5-A- 1 , 4 7 7 8 2 4 7 fa .; .. GRC,U P -, -.4 - 2 (~' ~ 6 , 1 .. 4 " 7 +a y' 'j GRO:.! t: S - A- 3 " cc i 7 " 4 _:' 7 + a .. L :;FC~J F c - :fl, - <1 e, .~ , ,~1 '7 + a '.. '- .. " L ;:. C C ;:- ~~ < [! G w ) .. .. a .. -h- L c, .. 1'.- 6 :-- c 1 6 ~ , <1 +2 ~, r ~ r .- c .. .. .. P. - 7 ;; 4 Ii ) .. co - . J .. J " I~ ~- " - P.- 8 "3 4 0 I] 7 ,. a ~ " '- L .. J .'..~ '.": ~ c .. 5- ,) :3 I:) " "2. .. .. .. '. GF.CU ') .. 5- 2 6 3 .. 4 , 7 +a . y :; L ) GFOU C, .. 5- ') S 3 .: 3 7 .., ;; " '7 -J-a ~ .J - ., - - ... - pm,SF ECJl Pt.1ENT OPERATOR5 CLl\SSIFI C'f\TIONS (HE1~VY & HI GH\'i'AY) GROUP 1: Boom Truck; Cherry Picker; Clamshell; Crane, (Crawler, Truck); Dragline; Rough Terrain Crane .... GROUP I-A: Auger; Auto Grader; si~ilar ~2chines; Boat Captain; Dynahoe and Dual purpose and Boring Machine (all types) - 5~.l: CO=Er-a~l sizes; Lentral :~~>; ?~ant_ Opera~or; Chipper-all types; Close circuit t.v.; Compactor with Blade; Concrete Portable Hoist; C.M.I. or similar; Conway or similar mucking machines; Gradall, Shovel Backhoe, etc. (~radE-::'r; Dt~l-rick, (Stone- Steel; Ele',72tcr & E:~age, rnaLerials O~ p6ssenqers; Front end loaders over ~ 1/2 yds.; f~oist S:ngle, :Jo..:ble, Triple DnJI<:, Hoist PortablE' rvjobi~e Unit; Eoisi:. E',nqineer-Concrete (Crane-Derrick-Mlne Hoist); Hoist Engineer-M3terial, Hydrau:ic Boom; Letourneau or Tournapuli (Scrape~s over 20 yds. s~r~ck;; ~og Skidder; Movab:e Concrete Barrier Transfer & Transport Vehicle; mucking rnachires; ove::-heaci crane; ::=,,::.ver conccre~e); pulsen-;eter; push button (bJZZ box) e:evator; road mix machines; Robat Hammer (brock or similar), Ross carrier and similar mac~lnes; shovels (tunnels); side boom; Slip Form Machine; spreacer (asphalt); scoopmobile-tractor-shovel over 1/2 yards; trenching machines; te1ephies- vermeer concrete saw ~:_-e~~:-.e~ o~.c./o:- 5i:;.ile:c; "t:-2C~O::-~.y?e de:T.c~_~~~or: eq:~-=-;:'~-_e:J~, .... - ... - - if!l__:- -"'- Y ::~~()-:? ~,-3: ?oac Paver, Aspha~~ ... ~~o:? 2-~: S21la5~ Reg~~~tors; Co~pactor ~e~f-p~ope: _ec; ~J~ Tracks; Fusion Machine; Rail Anc~or I'.]achines; Roller .q ton and ever; Scraper:: - 20 ~iarQS strl.lc}~; Swil_ch Tampers; Vibr2tory roi:er, etc. .... GROUP 2-B: MechanlC (outside) all types - GROUP 3-A: Air tractor drill; asp~alt p~~~t; batch p~an~; }-:,cller \high pre::':::urE:; ccncretE: !-c:2ker; c"_'n.~rE:te concre::-F:."'- .'3preacer; curb cutter chJ_ne; f r-n-i tract __ i:(~ll type.:::); finishinG machine cC)ncret~_' Ilrema~; EI~rkljf-t; c:rklifL f 1. r: r:-' titII radin:j ;':~c:'anp; :.: i ~"li _~Gr :=- :-GCfC; III :: ;. j ..:. n ~~Ti'~lE:-; 1. ~>~: ~ ,-~ ~:- ... .~ L'.~~ :: c h::,_ ik" C l :~chl.'hnIIlC' .\pp]),IU11()c,i1 Tcrnp !(!\.\\!\()( J.htllJ -'''':;2012." Page] 3 of27 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. John Henry Drill or similar. ..OUF 4-A: Service men (fuel or grease truck) GROUP 4-8: Oiler; Compressor - compressor plant; compressor-steel erection; conveyor bel t machine; -'jJ'i~ (portabl<:c & generator); oller; pumps - pump s'atIon-wa~er-se'.-ier- gypSCJD- plas~er, etc.; ~ ~ler-mo~0rized :walk-be~j_nd); ~elding ~actine _e~ec~io~ excava~i~~;; wel_ point system; ben~~~g paint lighting stes~ rT,c.C L lne; l2-e'~~~or; ;nixer - ccr>~::-ete ~_lnjer 2l-2; beo.ter all - ~ypes; steam jenny; syphon pump-aIr-steam; tar joint Ine; vibrator (1 to 5); Compressor Truck Mounted (2 -6) GRCL1P :'- A -1 : Master Mechanic C..OLt~ 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 ~anitowac or similar) irrespective of manufacturer and recjardless 0: hOvi the same _03 rigged (except for pi.le Ligs) ~ROUP 5-A-4: Hoist Engineer - steel - sub-structure; - . EngIneer-- Pile Driver (. ~j~-:; : Weloer-Certifiec - "~RJ\;? ~1-A-6: Helicopter - silot. FS-:V,-i: Helicopter - signalman. - GRO~P S-A-8: Je~sey-spreade~J p~vement breaker ~c~~ roam); Jost Eols Digger .. :;ROUP 5-8-1: UbI.:. ty tvlan )UP 5-2-2: - Concre::e Saw ....?rY'"J J. '. ___) ~) ~ ~:'-::-~ : 2__er - Joader Operator :over 5 CJ yos) .50 ~~~V2~ JDerat~rs (ove~ ~ CL. :mat premium over regular rate 20~ .. -OOT1)OT2 : FlUD HOLIJAYS: ;-]e,</ Year' Day; Lincoln's Birthday; Good 'r~day; Hemoria} Day; Indepencience Day; Labor Day; Veterans ~ay; Columbus Day; November Election Day; Thanksgiving Day; and Christ~as Jay -------------------------------------------------------------- -:C~:: ?S-OiJi ~. ! / 1. / \~'-i. r -, 1 L:- 'T~:: ;',"":-' r-:,' '.t.:-; IE::: - F:_c-:~s l-.( lscr-;/l'bc1Incl.\ppl )t11a[ (lUll Icmp,IO\ASRO(;htm ! '"1':: 'f) l' Page 14 of27 Power Equipment Operator BUILDING, HEAVY & HIGHWAY GROUF 1. GPOUP 2. GROUP 3. GROUP 4. GROUP S. GROUP 6. - $ 'j 0 -/ , ,5 ( $ ') n ,1 ., 5 7 5 ,,) c, $ -, 7 [' 2 c 7 S -) ) ~ - $ 8 c i S $ J t] 1 " ,r:, :;: 2 n c , ,- '- ,J ; - >~O':'E S ; Ha:::rnnt Premium ;;: ~. r-j Hv':~roar Fremium .. r:=::::~..F.. ,::~.'x:' ~'-'- ~,~:=~>~r;, F~,RJ-~~C:'? J-\;:. :?, =- ~ .., '--',,- _, I .L_' (-'>" ':-1 '/J 'l i ~~:~:':.: ~ T\ ',_: --:-_ ,) 'J'~: E,:::::::: - ? c. ~l 2 :'.~. ~~ ~ .. (::::? ~- '-'~\r -:- -'::l~, ~ ~I VDC, Ltcorade-Pave~erlt-Profi~er (CM= ar}rj lJ Types;;hutograde Slipfor:n F~aver I arJlj :3i:nilar Ty~'psJ E.ack:-lOe; ':e::tral Power F~ants (c~_~ ty;~es) ;~:o::crf~:-r.~- ~'avi?lc :<achi:Je S-2i~O and Sir:lilar ~ypes); Cra!lP;::-: j 1 Type =rc_ud.~~L') '~)\7>-~~rhc-a and :~~trCi(idle '~r::i\rel n rr'YI:r-:_>; (,r-,:-:.:jt-? f - Gantry; Derrlcr::s (Land, Floating or Chicac;o Boom l'yVe); Drillmaster/Quartmaster (Down thEe Hole c)rili) RotC-icy Drill: Self-Propelled, Hydraulic Drill, ~C;elf--Po1;oJered Jrjll Draglines, Elevator Graders, Front End Loaders (5 yds. and .over), Gradalls, (~rader: Pacjo, HE:-='_:_~~('()pter5 (Cop_iloti, 1: f::'.1 -=- C c<c:: E-1" ::.- '~_' omrl ~_ n lee ~. _~~ c n ~L g.:. i"j r:: E? r ,; t : \; t--:- r:j e) , .. .. Mucking Machines, (Superharruner, Hoe Driver (length of determine premilJm Pavement and Concrete Breaker Ram, Brokk 250 and Similar Types), Pile boom including length of leads shall rate af)pc icable ,P':ac:hia [fac,e. C;J Inder - SC:COPE::- ,':cac:.21" c:lC s~1ove-=-" I :3}-:OVE~=-- ~-'~ee -~:-::()()r_"er n Boom, ~r~nch Machines, Tcnrle: Borine ~ac~iI~c ... GRO)...-? /. nAil Frarr.ei Ee.cr:t:o(? ,Cornbination); Bcom A~ta.r_=h:ne:!t ',):(1 ~Dade.r-s !'R.::te 8ased on siZE? of buc1<.e:.; no+- 3pplicat)_~t? to Fipehoo~) Bering and Drilling Machines, Brush Chopper, S~reGGer a~G ?ree Shredce~ Tr€e St~3rer, CCc~ewajSr Carry-al_s, Concrete Pump, Concrete Pumping System, Pumpcrete and Similar ':'ypes, Conveyors, 225 ft and over; Drill Doctor (duties include dust collector; maintenance), Front End Loader (22 yds. but less than 2 yds.l, Graders jFil-:isl-~;; Grco\"e Cutt:.ng ~"Jachine {ride on type), Heater :"~2~e?:; :-:0':"'S:'8: ,'c,.=..~ ~y::)e :-;-:;=-sts, .5r.a~~. P.="so =:-.c:'..-<"~'2 StE2:- F - .. - ~;c..s f ~~ese~f E~ectr~c, ~YC:C-2' ~.: r.-; I s ~; cr _ r~: r:.::1 D_e .'_)-["~:~T" Cc:-:c::ete, ~;:::-ic:'-: :::~:-;a~ LI :',n r."~ j! !... ,'"', r a:-y c.,~"..--~€~:- 2':'::i:iar -':ype .:':o.:.st~.r.Q !~ac:-~-=-n(::s, ?o:-~.2b_.f: y Stationary, Excep~ Chic~go 300m Type'. :Jo~G Boom Rate to ?F - ~ tJ P ~ 2.: E c~ l:: :->.-::: .:... s tis 11 J .~: ~ s ~ c: ~. r~ ate 1.:" ~ C. ...:.. ~ c) ',.,' c:::- r:::) -=- ? t II ; Hydraulic Cranes-lOtons and Under; Hj'dro--Blaster: ,}acket :Scre\! Air E Hydro-Axe; raulic Power Operated .. t1ni t cr Ccnsole Type: Net: Hand lJack or Pilf? 1..,C20 T~s t Type Lc>g Skidder; Pans, Paver::; :a.~_l) c:ret. F1,3te and Frame Fllter Press; Pumpcrete Machines; Squeeze Crete and Concrete Pumping (regardless of size); Scrapers; Sidebooms; 5~"raddle Carrier, Ross a:-}d Simi.12!" Ty'pe5; "}aclH2:r: r-,r._ick; - ~~hl~ Hammer; Winch Trucks H i5ti.rl'.] P 3: .L.sphal t Curt~'in':; .. a=:nl:le, ;~Sph21t '-.~C1n~. [,ngiTleer, :..'y ',c.l t :~r-:'l-eadE-"c; !---~L<,~ ,...;2 r-=:- T"\.lr)~ ::-.1 c' f: ':.:; l ~.~(~ ':~ ....;.i:i e ~'l"] I a (',~" i (~: ",- E::er: >2:- f..2 C:: T: 1 c"' :1",1 :. rj - ; ~ I F:; c c j'-; 1 ~-; ,~; k: 'scrsQbulncr i\ppD,ltu. I (lUll I C!))jl !()\,\SR()( Iht11l ! '~201=_ Page 15 01'27 Systems; Boom Type Skimmer Machines; Bridge Deck Finisher; -Bulldozers (all); Car Dumpers (A:road); Chief of Party; Compressor an Elcl.;er Type Uni ts I'clsed) Independenty or ',jounted On Dual PurposFO Trucks, On Job Slte or In _Conduct1on ',,;it:h ,Job Site, In L'cadlng and Unloading of Concrete, Cen,e:Jt, Fly j,\s"'" In:='tantcrete, or Similar Type ~aterjals); Compressor 92 or 3 1n Battery); Concrete F1ni.5hing Machines; Concrete Saws and Cutters (ride on -type); Concrete Spreaders, Hetzel, Rexomatic and Similar - ,/p 0 C CflC r t e V 1 bra tor s; C c n v e yo r s, ' Un d e r 1 2 5 f t ) , Cru5hing ~ac}linesf Di~ching Mac:h~ne! Small (ditchwitch, -/E:r-p',.z;(~r r S::. i lay t~.7pt:' \; [:'ap~ Dc/':s Ifll,echanical with or - \',' ltc, l F;;~P '= .c)r:--\cl):~e, dLmpsters; Elevc:t r; firerran; Forklifts ~~I 2~d s~~ilar :ypes of t); Front ,je:c ? :;.. enc: ~'\Je::: ~e5:.s ~.-;l,.::n _'~e'. (.:'::: s I~r 3 :~ Bat:ery;' '~i~hi~ ~.l- \ . ~ L I I :;ir-affe r: ~_ : ~- '-~ -'-.-.-' 1 S~2~C~S a~6 ~,~~~~ ?2tr _...::' , ~[ ~ P\_:~7~'; ':;u.nn i t e >~dcr-1Jr:es (ezc UC)iLg nC)ZZ~_e); HclT\m(~r Vi.bratory (in ~orlc~uction with genera~crs); Hoists (Roof, T;Jggeraerial -P"c'frorr 1-:01.5': ane Ho:..:~'e Ccrs), Eoppers, Hoppers Doors (pcn..ier operat(~d); HydrcrBlaster (wnere required); Ladders r~zed); LaddervatoI-; ~,oc(Jr-:;c,tiver Dinr:y type; _!c2cntenance, Uti]lty' 1"1an; ~cechaTllcs; Mlxers (Excepting Pavlng Mixers); Motor Patrols and Graders; Pavement 3reaker.s, SmeLl, Self-Propelled r~cJe on type (also r;,2~nt2ins compressor or hydrau2.ic unit); Pavement Breaker I -Truck Mounted; Pipe Bending Machine (power); Pitch Pump; F>',coler ?urer legardJess of s~:':e); Post. Hole Digger (post pouneipr anei c, CJer); RoC Eend'cng Machines (power); Roller, _Black Top; Scales, (power); Seaman Pulverizing Mixer; Shoulder Widener; Silos; Skimmer i'1achines IBoom Type); Steel Cutting 1'1achine, Services and Maintains; Tamrock Dr~~d~; '-'raC~(_-)l-S; T.~_c ',~2P~c.i.;:.; 'J_b:2ti.ng ?1e.L1:=s:used in -condcct~on w~~~ Jnload_~g\; welder and Repair ~achines. Concrete cleaning/eecantamination mach~ne operator; ~irectional boring machine; Heavy eq~ipment robotics cperato~; Yaster e~\1~ror)rre~tal maintenance opera=or; Ultra -h1gh pressure waterjet cutt1ng tool system operator; mainterlance operato~; ~acuum blasting ~achine operator ~ROCP 4: Brooms and Sweepers; Chippers; Compressors (single); Concrete Spreaders (sma~~ type); Conveyor Loaders (not incluo~ng Elevator Graders); Engines, Large Diesel (1620 f~;.p.) a:-:c Staq~ng P~n-',p; Farm Tractors; Fertiliz.:ng -S::--=:"pf:1.e~t '::=l~,erat'J:C c~n-j_ r~a.:r:te;-a:ice ~= Fine Grade M2c~i:-:.e ,:,_,_>_~_ _ ~YPE\; ::--'crIT~ Li:-:e Gr~c.el-S I\Sn:C_~:" ~ypej; Fr=::--~~ End ~_,cod~'( JLce:t yd}; Ger-er2-C>;- :..c_~:-~q~e); C;re2.5er '~as, r\_:E'~ _L'~!': ,~~.'~OO_ _ r'_AC ~ :-. E- c ~ E:.":.~' ,'-:: ;': ~,5, c:-" :: Ut~e~ r~/pE =nC~l_l.-L~::g ?ro;)c;.TlE:, :.Ja-:::'Lra~_ G(:1S or t:"owtype "JLi:::s~; Lights, ?C,l-.c- z~_t) _ ;:.::- Gei_t?-'l~ a -:-::.i ~!I; :0~ 1;1'_":. ?.:.. an':.5; ~<~ >:e~ S I CClncre-:.E S:T2.1.-:"; l'Ju2-chinc; Equipment (Operation and :V'ainc:.enance of); Pumps (2 -=,'f Le~'~: Than 4 :::nch Suct~on); Furnps 94 '::nch Suction and CVE::C =nc~.udl Submersit'-,-e PUlT\p5 Pumps (Jiesel Engine and I:j'dr liz=i; Irnr:lateria.~ f POvler; F,;')c F~nishing r--'~achines iSm21 Type!; 11ers, rade, ':;',,:;.ll CT Stene Base; Seeding - Equ1pment (Operation and maintence of); Sprinkler and Water Pump Trucks I~sed on ~ob Site or ~~ conduction w~th Job C:, "'-- tt:o.r;: ,I t:::DYlleS ZJL 2ci1e';~1 I:::respectivE: c>f Use; ~..r .:c '_ '.. 1 ~ibrating Ride On; !-~C r TYf=-E I = r;c I uding v; ate :::- c n cl ..3t f~:' reader; Tampinq M3c,r-l1ne5 I T::::rr:f-' 1-:: ~e t.1. r; PI ar: t Lt-.~ l~) ,~ r; t1 ., h1lt:-l - ~ l. >:.. Y c: 1 n c; 1_ ( I ",:r".",h()I)]n\pp[)~lLlllK(iI ] ,'lJlp IOA\SRQCi,llllll 7252()]2 Page J 6 of27 battery). welding system, multiple (rectifier transformer type) well point systems (includinej installat~lon by bull gang and maintenance of); Off Road back s. GROUP 5: Oiler GROUP 6: Helicopter Pilot .. - - a. PAID HOLIDAYS: Nevi Years Day, vva,shinctoL' s Birthday Memorial Day, July 4th, Lab::>r Day, Veteran'", Day, Elect.lon Day, Thanksgiving Day, anci Christm2~; Day, p,-I.vided the employee works one day duri~g the c~lendar ~e0k in wh)rC the holiday occurs. - ENGIC825-C08 G7/01/2Cl ----------------------------------------------------- .. ORANGE, ULSTER AND SULLIVAN COUNTIES Power equipment operators: BUILDING CONSTRUCTION STEEL ERECTION GROUP 1............... GROUP 2. . . . . . . . . . . . . . . GROUP 3. . . . . . . . . . . . . . . GROUP .1.,.........,... GROUP S............... GROUP 6............... GROUP 7. . . . . . . . . . . . . . . BUILDING CONSTRUCTION TANK ERECTIC~ GROUP ~""""""'" GROUP ;::>.......... . . . . . GROUP 3. . . . . . . . . . . . . . . GROUP 4.......... . . . . . GROUP 5............... OILOSTATIC MAINLINES AND TRANSPORTATION PIPE LINES GROWP 6.............. GROUP .1............... GROllP 2. . . . . . . . . . . . . . . GROUP 3.......... . . . . . GROU? 4.......... . . . . . GROUP ~. . . . . . . . . . . . . , , SROUP b................. NOTES: Hycrosraphic ?remi~~ Hazmat Premium Tunnel Premium STEEL ERECTION CLASSIFICATIONS Rate,": Frinoes .. - $ 4 3 '7 9 2S 7 ~} c 4 2 88 21) 7') y $ 4 0 ") 9 25 75 .' 37 n '; " .;.; '. $ 36 4 0 25 7 ~) $ 4 4 65 25 75 $ 43 SO 2') 7 ') c ~ ::, 5 - 25 " ') .,.' I c 42 67 25 I .,.' .J $ 4 4 5 ')~ 75 " L ,.J $ 4 C .~ 8 2S 7 E) c 35 37 21) 75 y $ 4 3 58 21) 7 :' $ 4 1 65 25 75 $ 40 0') 25 71) $ ~'J . ,., ')c: 7 ", .....;'0 L-J ~ $ 36 .:' :::) 2~ , " $ L2 . " L ~ " :) r'," C -r .; cL ,I .. .. - .. - .. - 5 ;J 20S .is .. GROUP 1: Cranes (All Cranes, Land cr Floating with Booms Including ,jib 148 ft and over, AbovE' G'."ound); :Jerricks, Land, Floating or Chicago Boom Type with Eooms lncludlng Jib 140 ft and over above around), GROUr ~. r=ranes (All C~ane -:-ncluc..:ng --'1---\ Less ?})r3.L l~ 1-,(::1 ~" I F 1 '-:~'r C}-; i - - ~JanC1 Floc: t 1 n-..;,v i n. E s f1- P.b0\7(~ <,--:r 'jf;C :- r ~ C' r: ~ t.-=- oS oS' .! Ii_ e c! . ! !; ~L'"] 2CCI'" -:nCl - Ie: C l sers;L'.bol]]cr/AppDataiLocal/'Tcmp;/()\,\SR()(l,iJtlll 7"" 11=.. ..CPOUP 3: l!"~ll Franie, c-:herry Pickers Sh,:}1l Als de tearn, ["e::? H::",jraulic, Caisson, irlCjle :_1CJCl Dou:c-,l c [:rurn r Any Other Similar Type Stationary, Except Chic' -Portatle C1 :?crev,7 P,i r H raulic Powc~- Ocerated han l'(~:ck cr F.1Ie -=~es t - CFOUF OJ: .~eria~ F1r=:tfcr;:-; oS H<' !:Jct ter H,= '_~ e::' rs; !.' 2 r C;L a n -r=: ; ~ ~" r t: -=- i f t; t': e n era t _~~?,-~tric, .=t,Tl hee J f cf k~,~2't i'..a;j i ; c:- cr - l, . ~r:u f?; (~'()rj 'IF r ~= 'ti EC ~ ,:il : r s e!f 'T j'p e l-=~ ,c: >--::- ~ , (:~rlC 'c~ECC -'. "-l-)~e : ra.LST ! I=:J:' ; -F ~ t-::';- ,. - ~ - '- -- ~i,H" 7: h(?licc\pte.Y Pilot ;,)Oi'NOTE: _3i r thday, \lr:?t e ran r S Page 17 of27 1 D tons arvj under, }-I':)lst::3 11 Elect r ir~ 1 !~i:;: ncrete, Rrlc).; Shaft Hoisting MachinECs, c Boom Type; Ja ks: unit or sole ~~ype Si Bcc~m.s . " 't-' . ,~ '--. , Corrrrsssc'r: ()r ,) lTJ \'i?ycrs- n'j Tu~~qcr Benc.inq ><achiJ-f-: ~-'C"".,'t? J: r"1c~chi:lC~' , :';lng-.l. (,~~ a. s , .(3 'y" stem Type: 'i,',Clc} r:c: :_;ener ~) r f .lY~\;~~_e. El e ~ 1 a. PAID HOL=~AYS: New Years Day, WashinGton's tljemoria l Day, Independence Day, Labor Day, rrha:--;ks _~v:~ng r..:..strr.a,':' y, p~ ldc::d ~~Le ~alendar wECek during which - y, (3(";C emp:oyee works onE~ the holiday occurs. --', ;-. ~ /'.- ~' J':" --,---',"-"..;.." -=-'p, --'~-'-'c'r---, T t..:<.':"v ~ ..:.. .. Tunr;e~ Prerriit: ht.~:'na;:. Prerni'lllT: Hydrographic ~remi~rn day i c': ..he Ceil.S:::;: ::~= CA'r:=O,'-2:" 7 c, 20 - TANK ERECTION CLASSlrICATIONS c..'l . .~' -J G?OCF 1: Operating Engineers ;~~h Boo~s eluding ~b ~~ on all Cranes, Derricks, ft or More Above G=:~r:d. ets - =~ ?~ ~'} - c.:: y := -l- ~ - :_ r. <::- _~. C:' E. ~';(~.s, DI~_ >-- S '01_-c:- Fe ~ _ ~r-.E:':--~ ~ ( :-;cl :- ~}(. .'::~ ~::; r.e. :=,; om s =~, c.! - c._ r: c - '?en;' ~~e ~ ~;--';J-:- f~ ,.-,':'- ......-'- :-::ee:: r~!iv f1 EqlJipmollt ~RCUP ~: AIr COITlpressors, We~ding Machlnes a~ .,.' l.....' ",', ~'" r '~. 0' a~ J' r." c' ~ r , - .. '-'. ~ J' .. a S' \.~, () \7 e r: G Ci ::--::, 0 i e s e .i. , S,~ectrj.c rce." f n;:: ~rri ! Ai!' I 1'" C;er;erators are H f r orr reulic PCvJEI, r:11anf:' ~~~,the :r .'01' The Operating any Iv12chine or ,~utomatic Tools, Used In "':''Je Erection, A.'.teratior:, Repair and Dismantling of '~'2T;k:-=: and -~. and .-:-'~ 1 ::="ul'pcse't ~ruc}~s :]>~. Cr: Th '-; ::-: t rue t i ,~. ,=' C' .1. .~ -' _ " n e L C' a l n 9 an c! 1 cad .1 n q (:J f .c,o ~.' .1. 2 J. S I -.- ;- ~: -~ ':: +- Y '.- f ,';l + l- the ....-- ct -i:": c - I. sCI'S'l2h(\lncr/\pl'l )dUr!(ll'dl fCl1lpll)\.\'-\RO( ;1-11111 '').c; ~()!' Page 18 01'27 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 - F6r OILOSTATIC MAINLINES AND' TRANSPORTATION PIPE LINE CLASSIfICATIONS - 0,1 TSS: - }ijdrogra~hic Premium Ha L-r-.a ': F r cmi 'Jrl T'--.: :jne l F re;r.i '-1;:1 .50 20t; .75 - OILSTATIC MAINLINES AND TRANSPORTATION PIPE LINES CLASSIFICATIONS - GROUP 1: Backhoe; Cranes (all types); Draglines, Front End I~oaders (:;''y'ds. 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, Ditc'}i,;itch, Ver:neer or Similar type; Forkllfts; Front :<:nd 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 iHc.lsting) . ... - GROUP 3: Back~iller; Brooms and Sweepers; Bulldozers; ~'ompu?ssor '2 or 3 in battery;; Cr.ief of Party; Front E:-1c1 Loace:r-s (uLcier 2 )'-:15;; Generato?:s; Giraffe Grinde::-s; Graders and Mator Pacrols; ~achnic; Pipe Bending Machine (power);Tractors; Water and Sprinkler Trucks used on Job Site or in Conduction with Job Site); We:der and Repai~ Mectanic; Captain (power boats1; Tug Master (power boats) - - GROUP L: Compressor (single); Dope Pots (Mechanical with or without Pump); Dust Collectors; Pumps (4 inch suction and ever;; Pumps :2 of less thaI> 4 inche suction); Pumps, J~ese~ ~~~~~e a~~ ~yc~c~lic !i~~2~er~a~ of power ; ~eld~~g ~~C~i~~5, Gas or E~ec~r~c CQ~ve~~ers of any ~ype- 2 or ~ ~~ ~~~t~ery ~~~~p~e Welders; ~e~l ?oi~t Sys~ems (i~c:~d~rlg i~s~a~la~~on and Main~enance;; F~arr T~actors. - - - G~cr..::? ,:.: -:Ji.ler, grease, c;-2S, ::-';.el enc. J~~ s;..:pp~y ~:-uc/.;s; Tire repair and maintenance C~ROUP 6: HElicopter Pilot - FOOTNOTE: - ~ P2~d Eol~days: New Years Jay, Washi~gto~'s 3irthda)1, 1'!1E!T'<:ri,,,l Day, Independence Day, Labor Day, Veteran's Day, Slp':~icr; r:'ay, Thanksgi11,inq Day' {'?:!~ Chr.istmas Day provided the Emplcvee works one day in calendar week durina which - :!~2 ~c\ilc:aY5 (~lc('~rs. - k. ('.;1 -;LTsL'bolncr'/'\pp])al<tl ()caITcI1lP'!O;\i\SROCJhtm 7 -'':; .2n 12.. Page] 901'27 Rates Fr - IRONWORKER. .$ 36.70 35.3 +~3 aj Paid Holidays: New Year's Day, Memorial Day, Fourth of -,July, Labor Day, Thanksgiving Day', Day after Thanks i-.'lnq (unpaid), Christmas Day. --------------------------------------------------------------- _LAB00017-002 07/012012 Ha t e.s ~r ~n?'?s ~borers : :::UTCHS:7 }~3bestc::'s I 1 e 2. c , t_ ();..:. lee. -:. 1_, :'": 2. Z C 2: S - waste 2DateTE~~ ana an~' othe~ e~V~Y~~~'~'--a~ re2.a~e:..~ "dork-) i 3:,,) I ~JuI NC; - CO~'~STRUCTION : GPDUP . ....:> 9 . 3~) . () ~,+a - GROll P 2..... _ . . . . . . . . . . . . . . $ 33. 70 DUTCHESS COUN~Y Asbestos, lead, toxic and hazardous waste abatement and any other environmental related work) (HEAVY & HIGHWAY: ) GROll P , ....,...........,.. $ ;:'[1 ~+a - GRorJ? c- . . . . . . . . . . . . . . . . . . . . y ,'0.7. FC) 7.60 Go" 20. (,'.da - ORANGE AND ULSTER COUNTIES (BUILDING CONSTRUCTION:) GROll Pl. . . . . $ 29.35 2D. E<~'+a 2 .:', . 6 ~- (~ 2:J.6 iCl ::;RCi~'~' 2....... .~? ~;.3. 7~' - GRCj? 3....... ORANGE, eLSTER, AKD SCLLI\7A~ COCNT:E5 (HEAVY & :-J:Gi'{\';AY; .$ 37.6C - - GROUP 1 Co 29. 35 y GROU? 2 $ 33 72 GReC? 3. $ 37 60 GROep . $ 40. 40 TUNNEL, SHAFT & CAISSON WORK GROC P 1 .$ 20 Cl ~ J. --'oJ 20.65+0. 20. 65-'-a 2J.6S'ra 20.65+a 20.65+2 - LA20RE?S ~~=~~=~G =~ASS=?=C~?=ONS ~?()~J? _:s~ocia~ ~G~k ae~so~:, pO~~0t'_e sp~e~2~o~ ~ender, portable pump tencier, pi tman c:nd Ciu":lp:11an, :'_rEO"'ia~C;l, ~eIr:po=-a::-y ~-:eat ten~.~er I ~ernpcra~y -=-i~.:- t.en'~~E<;':-, -'-:.rc: f_c ~ontrol, tool room tender; Artificial turf, air chipping _1ammer acoustIC pump and mIxer, carpenter tender, concrete, concrete curb and sidewaik form setter, concrete form ...:;;tripping, concrete. .sealing, concrete curIng, concrEte finisher, concrete \:ibrator, compressar, clean up after ~rades, dismantling demolition, excavation, fireproofing, foundation and build~ng piping, pump and mixer, gunite, Jeneral clean up, grade checker, gradIng and backfllllng, ..lOi.sts, hod carrier, landscaping, mascn tender, multj buileJinc; trades tendl=r, 3ckharrJT1er, pa',7ement brecker, Dcured CVP2um r I~; k, power tarnpers, power l~alk behincl .i ~ er r r.?s rEe l r1 st.: ~ C; I 1=:J C) \,} e r In l >: e 1-, sea f f c l din g, s n 0 'y,: - C;' ,;:"~ y " ~ a s -c. J. r; .';; , -::-. :rc + .~~."":.E'.i. .tar tr qu iprn ~_' fJ t !'] elL: L rj c: C 1~~ ( !C:1l s<:rs ldwlncriAppDattll oed rcmpJO\\SROCJ.htm - -; '... ,() 1 ' Page 20 0[27 limited to radio control tampers and rollers, radio control e;.;cavator, all erectlng and dismantling of scaffold for masonry regardless of height, walking and riding power ies, temporary weather protection, wrecking, waterproofing, stone and tile tendersr, radio controlled hammers ana breakers, unloading of trucks, air track, assembling and placing gablon baskets, asphalt, blaster, bob Cct type machine for demo a:lc1 clean up, chain link fence, cha in saw, chipping hammer, concrete conveyor bel t, ;,aw, core d:-ill, corrugated pipe, ~~O!1struction specialist, clean~nq machine, concrete form setter, cc)nduit layer,. :::l;.g torc~h, .:scharge pIpe, drill chuck tender, duct - ... ... r ~--=-_'~'n(~ ,=t:..:::-0 na:l(J1E- r / - c;y }~ Tc~ l:c splitter, oranite e}'l(: j:...o or i l}' I Inger s::)llRar.d - n l~ 1 a ~,-- >? r, e ;..:t= ~ c\ ~ i .J e. h c. n c~ ~ e r , .-:~c~'J'y' =~!.~""":v ::r-0h'~ :: :-:-,?ste~ ~ype :1~/-=~= (i:-iJ_J I~:ac~nlr;es eq'J:~,}c_ec~J ~2.se: leVE:~f r:c~nrnetaj_'lic plpe layer, metallic - ~~:,i.pp _G"ier, L e ?/::.: :~ . -. . :-:. j"=:;' r c. ~~ 1.. ,:::..::::: r l ~_ _ r-: r si~i~2r', mega sixer, rH)",..;er f(~rk lif':., p:::esT~re see and r::'l-ecast cOrlcrete, power ;-'y"\1sh :'utter, pump crete rnachine, retaining walls, rip rap, re~enti()~ a~d tox,ic ard haz6rdolls waste liners, setting of b::'o:k, .settcng cf block, :c;etting ot brick, setting of ,:'::o:;e, sC"_1nci ba:rriers, t,;anc;it uY'der laborers jurlsdiction, tow behind concrete or grout pump, traffic and pedestrian stripping, surface planner, manufactured curb, walk behind ourface planner, wagon drill, weld1ng; * asbestos abatement work, lead abatement work, toxic and hazardous waste re_ated work; when protective equipment and clothing are :", e, r E c;::;, _: _-c e d . - - - GROUP 2: Forklift for masonry purposes - CFou:e =~: l-l.sbestcs .l\batern(~n~. 'vJork, ~oxic and hazardot.ls ab2-=eI~:er:t, ~ead o~')a"=er:(en~ >tJOrk, er:virorlmenta~ ~tJork. - :L?,i ; = ~ ~)I i\~C C ~A.SS:= F~ C' 1~ ':-'::: O>JS '~~R()l~? 1: Asbestos a:02teme:1~ war:<, and hazardous waste related work; and =_lo~hin<; di:"'e nJ'L. req1...;i:~ed. ],ead abatement work, ~o;<ic when protective equipment - GROUP 2: Asbest(~s abatement work, toxic a;Id hazardous abatement, lead abatement vlork, environmental work. - :,OO';NOTE: - c"-: ?fj. ~-', ~(~=--,=2T~1':'~~' >~e',.,: ':'~,31_-:3 :2)'1 ~:'r~si(.:e::lt 1 s =}~y, :-"1 (-::'7:10 r:. 0 = '-'1-'" -,'. J I c t)e:--:dE:ll-:;- L,JC. _~' I ---1at)(;l Qa"j! . _ C'c~ .., ~:~y, VC'~~::-rc:-,s :)c'/, T:~aI~ksgivin~ -=:2)', ::-:rist:TlaS :Jay - ~;0.,;::C:'?,ER~, :-~~;:>V:' i~>;=) E=: ~E:~AY ~:=--Jj,SS=?~-~_'l~'~'=SNS (~~FOU F i: F i 3g~ersoL, gateper- sen .. (~p(\rF ;2: (-~er;er:::l laborers, c~uck te;lder, handl od distr~butIng drink1ng water, distributing all tools and supplies of laborers, nipper, powder carrier, magazine tender, ;/;a[ehO''''':5f:' ~abo!"er5! concrete ITIC:!, v~brator Illa!l, S0n :=:(~r;"jel, r;-lc'l"Lo.r man, sprayinq, crushing and c ring - cf CC;:'~:i::te fc~ rr:e:. n"~;; r ~ng anc r'u1lder, raffl~- prese r ~\~ (~: t_} \.-e r...:'u r f-"cses, t :ca f fie concretl~ crub elJ-)d sidewalk from - :;tr:.:.pe'" c-::: :el :::~ cc f f,:=. ~ ':; :1.]""J j r:, rr--:'i l'~.:-C.:Ll'}E: lees ! -', ~ i IT\ G '; -; .~ ,:~ :-: ':: n c p ,-'~, c. -'''~ I - ~~a f f ! '--- ~ ~. .,.. ~: l' ,-', , ~ ~ ; , ; , , - f _ r,- - '/~~ 1 I ';'CJ... ill': C l. 'IT':2hdlll'1 \l'p[)atal ()l(lITcl11pl()\\SR()( I.htm 7 25/2012_ Page 2] of27 work, traffic directors, temporary heat or light tenders, ..tool room, dewatering pump men, pitman, dumpmen, snow removal and fire\.Jatch, asphalt man, joint setter, signal person, pipelayer, pipelining and relining, wellpoints, conduit and duct layer, wire puller rip rap and dry stone ..layer, steel rod carrier, core drill, rock splitter, H.ilti gun air or electric, jackhammer, bush hammer, pavement breaker, chipping hammer, wagon drill, air track, jib rig, joy drill, gunite and sand blasting, coal passer and other "machine operators, power tool operator, spray'er and nc.zzle man on mulching and seeding machine, all guard rail and fence, all seedlng and sod laying, all landscape work, _grade checker, all bridge work, walk behind se~f-propelled r:':=':',tJer sawf gr,inder, qroover or similar type ~:\acr~ine, C~L',.c ;J'?3~~:-lCi tafn.;:,er a.no rcl:er of 0.11 types, sc__:_vc';.'ei s~=-,~;:'~':::)l:~:;;, .,';rec~ing a.nd d.isrnar:tliLg la:oorer:i!"~c-.L ba:::n:ao, c:,-:t~i:1g -~Q~=h and bu~:~er mar, sheeting and shoring _~:-l:::: ::-:~:t:::::- laborers j'.lr i scllci tion , bit c; r lnder, operator of for"" pin pull cor and _drivers, sandblasting, joint and jet sealer, fil1.:.ng and wirlng baskets for gabion walls, permanent sign man, median barrler, sta-wall or similar type product, chaln saw operator, "railroad track laborer, waterproofer, pre-stressed and pre-cast concrete brick, block and stone pavers, power tools used to perform work usually done by laborers, power ..buggy and pumpcrete operator, fireproof, plaster and acoustic pump, asbestos, toxic, bio-remediation, phyto-remediation, lead or hazardous materials abatement when protective clothing and equipment is not required, _power brush cutter, retention liners, artificial turf, retaining walls, walk behind surface planer, welding ~e~ated tc lab8rers work, remote co~trol~ed e~~_pn1en~ normally opera'::Ed by laborers, all t.echnician \-:ork -ir.clcdi:1g but !':ot limited to stitching, seaminq, hec.t t....re~d-=-:lg! :ireprrJof sprayer, m()r~a::: mi;-{er, ccr:t-=~.::et.e finisher, form set~e~ for concre~e curbs and f atwork. ':;unite Lozzle man, stone cutters, granite stone layer, manhole, catch basin or inlet installing, lase 8en. Gro~~G Tan on milli:1g machine, liIII(;ROUF 3: Ingersoll Rand eavy duty cra'^'ler master type HC"1Z any drill using 4" or larger bit, asbestos, toxic, Jio-remediation, phyto-remediation, lead or ~azardous taterial ab2~e~ent whe~ D~o~ective clothinc and ec~i~re~t .. - - -- ~s r~q~i~ec, ~l_ ~;orkin? ~orer~En i~c:~di~g grece, p~pe{ conc~etef c~e3rlng, blacktop, , . ~ -, Orl..i--.i..., paving a~~ b~aste]- = "'= c . I _:-~ y c: ~ c:;.. ..; -~ .i cd==-- _i _ ~ (1 :- s::- -=- _~ a r I ~ crY: ."~ -=- [t ..r: c;" :~-: (~ EO:- _ ) ~)nly, Blaster and asphalt screedman, ~ROUP 4: Asbestos, toxic, lead or hazardous material 3batement foreman, .. HEAVY & PIGHWAY CLASSIFICATIONS "':;ROUP 1: Asbestos, toxic, bio-remediation, phyto-remediation, .lead or hazardolls materia: abatement; ~hen pr tectlv equlpment and clothing are net requlre ~F,cur ,l\5J~'('.':'tcs t- ,-_, b..ic~remeciiati()n! r~'~-jJ -reITlec~i(3ticn, l~a r haza s r~aterial abatement when pr(~L~ tlVE r'- _.ne) end (:: l C' Lt:::c:,uired. - 1\ - c: l~crs/Q hcd /let" /\ liP DaLl/Luca I'TempilOA /\ S RQ(j ht III " ::: () 12 Page 22 01'27 PAID HOLIDAYS: New Years Day, Presidents's Day, Memorial Day, Independence Day, Later Day, Election Day, teranC' Day, Thanksgi ving Day, Christmas Day - TUNNEL, SHAFT & CASSION CLASSIFICATIONS - GROUP 1: ~.aborer, Pi t and Dumpman, Chuck Tender, Bra keman and Powder; I'0iner and all mavhine men, 2.afety Miner, all shaft vlerk, casson work, drilling, blew pipe, all cur tools, tugger seEding, nipper gunnit:.nc; srvn pot t nozzl(~, bit ~;rinder, si:lgal IT'.an !to}=J and bcttc:-rn'j I shift te\dard, ':'ncret~ IT,an, :::Lic:ld dri'.;:en tUrln .~, ITIlxeci faCE=: 2nd:::; ft -. - "~:: ,-cIJUT'""ld ~. ~,-:-.'?r 1=~~2:~:::: t "Jnne _~ i;l fre0 -------------------------- .--------------------------- --------- i J.l~.E(~ 1 0 ." - '_ 6/!.~:.._ n - ;1 'T C:-:SSS (=O~~~~J':"r' Ra t. e s Fr inge::: - r-er s : BUILDIKG CONSTRUCTION GROUP ~..... GROU P 2.... GROUP .).... ...$ 2:)&10 ...$ 25.60 ...$ 27.45 -16. 1 U - 16.10 16.10 - ~ J'\FJOPERS C ~;.~ S S =: F = C 1\ r~:= Cl'j :-3 ': 2U =- L J I >JC;) GROUP 1: Mason tenders, carpenter tenders, laborer stripping and cleaning forms, laborer grading and digging ditches, :C'deeper:c, clear,er". - CROUP 2: 'lcd carr~er.3, plasterers' ~ender:3, .scaffolc! - bui:ders (p~d:ock and self-supporti~g scaffo_d 14 ft. or _}ntier al~ r~~ways, mortar r~ixers) m~chi~e arj hand, ':oncrete :~.ixers by machine ')nder 21s, vibra':.c~-s, [OL") .setters, asphalt rakers, handling reinforcement rods, drillers, jc..ck};a.mrne:-, oI=e~ator, signal!"EaL, gJLIlitin'?f ;C1otorbugs, I-;ater pU::1p 2" or c:nder barco mac;-i~r:e, wrec:"ers, paving breakers, power saw operators, other machine operators. - - :;POUP 3: Blasters, Leser beam operator. - =-),2_ EO: ~ J ':. - ') n 4 '::5;' :) -_ i r ~2 Cl ~j ~~ ~ .;'::'C;.oESS CO ~'l';T\I - ~ -,'" ,-, ,-. :\ '.-:::< c. ..-~ ;- ~~ :.:: Ie rers: E I GH~ .u.~ y - HEAVY GROll ? GROU P GROUP . . $ 24.20 27.96 28.96 18.'?S+a 3. . . . . .. . $ . . . $ 18.75+a 18.75+a - JAFORERS CLA2SIFICATIONS (HEAVY & HIGHWAY; '-.:'_'r;e::: 1 1 ; .:: l ~:' n .L;: , ;:,lacing and HlEuntenance,f ell flares, carr-;c.~adesf trafflC trc.i, c~,-;~:todi2..l - C;ROUP 1: Flagperson, rk, tr-2~-f I~:_i ; ::-e;TipC'rcl"::: r:-2'~ h t -'- r=-- ~ l-C'~',!, - l',( ':il Jscrs/~hoII1cr c\ppJ )ataJ ocaLTclllp I()A/\Sf~()( 1.l1lm 7252012 .. Page 23 of 27 GROUP 2: General Laborers, Dumpman, Pitman, Concrete Man, _ Signal Man, Plpelayer, Rip Rap, Dry Stone Layer, Jackhammer, FO'wc1erman, !Jlghscalers, Power Buggy Operator, Steel Rod Carrier, Vibratory Operator, Other Machine Operator, Wrecking, Vibrator Operator-Compactor, Gunite and - Sand Blastlng, Water Pump 2" or under, Nipper, Chucker, )l,sphalt Workers. _ GROUP?: Asphalt Raker, Asphlat Screeman, Drillers (all), ~aser Beam Operator, Form Setter/Aligners, Blasters. 'CTNOTE: -co. FAl[' HOLIDP,YS: Nevi 'leer's Day, Lincoln's Birthday, Gooc ?riday, K~sh~LT~qton's Birthday, November Election Day, tV:~~r:-J~'~~a~ :)I::'Y, =~depence:?(>? Day, =..abor Day, Colu:-nb'Js Day, :hanksqi':iI~g Doy and Christma5 Day and Veteran's Day. - ------------~--------------------------------------------------- PA1NOQU9-C04 OS/ :/201l _iTCJ-:ESS, O?}l,NGE, SCLLIVAl'; and ULSTER COUNTIES Rates '" ' c r lnges e"LcAZIER. . . . . . . . . . . . . . . . . . , . . . . . . . $ 39.00 32.74 )AIN0155-003 05/01/2012 - Rates ['.ringes linters: - DUTCHESS COUNTY, SULLIVAN AND ULSTER COUNTIES - ='rYH.N2_~ :_:-.ishers..........$ Leae: .z\'bater:lE'nt Work. . . . . . . . $ ?aint:er/Paperhanger....... .$ S p:r' ~i y ? c -::: c. . . . . . , . . .. ..... $. OKA!,,::;E CIJU::'::"'Y DrY'Ha.ll. Fini shers. . .. ..... $ Lead ~baterne~t Work........$ Painter/Paperhanger. . . . . . . . $ Spray Rate. . . . . . . . . . . . . . . . . $ ~-------------------------------------------------------------- 28.69 "'-7.16 28.69 17.16 28.69 l7.16 29.69 ..., .16 " I 28.69 17.16 28.69 17.16 28.69 17.16 29.69 17.16 - PA~N0806-00B 10/01/2010 _rTC~SSS ,JRANGEr S;_:L~~V;:'~~ P.ND ULS?EF. COCN7IES Rates F.ri'lges ~=NER .~: r c~ s':'-ee-=' ane', 3r~ <':. /. r '") C ,y '-:r C\ . i.. oJ 3:,03 .FLL1!'<1D ;:J-DO,~, Q,:>/Cl/20l2 /' n~JE ~:' ilIIl!ITCHESS COUNTY AND THE REI"1AINDER OF ULSTER COUNTY Rates Frio0es ~ur'1BS;: , F = ?"fFE: ....S,1'1.61] 2' ,5. '2'7 ~Ll~~ -.1/2 - J( I ,)l'l":2[1(\ I !leT/\ ppDatCl/l OC aLlcJl1l',l 0.'\ /\ S R O( ] .htm - 72:<W 1.2 Page 24 of27 ORANGE COUNTY Towns of Lakeville, Four Corners, SterlIng Forest, Tuxedo Park, Southfields, .Zl.rden, tJeW)~Ul Juncticn, Greenwood Lake, Monroe, Harriman, Woodbury Falls, Woodbury, Woodbury Station, Central Valley, and the Palis des Interstate Park and Bear Mountain Park - - Ra t e s Frinoes - Plumber; Steamfitter.............$ 3(:'.2U REFRI GERATImJ MECH!1.NI .......... r ~.' 'J ------------------------------------------------ PLC~G373-003 ~5!2~ _ - Z,O\E 2 - SlJLLIVAK COUN~Y (Tow:l:chrps of I,unlber~a ~o re .'~. .1rgh, Highland, Tus:::en, Marna}~ating, ?El11sb'_lT .':::()[), Bethel, Cochect.on, Delaware, Freemont, ~~allico(:;fl, ~i'cer~~ I lvjor:~,icc.llo, Neversink and Rockland); ORANGE COUNTY \Rurair:in TOl-m C,ps) and ULSTEF COUNTY (Tc)1dns of Sha'.,la;'ig~'Jrk, .~~Jav..laLsj_:~7, P]ct~_p:':i_ll, Marlboro and Ellenville up to l~apanoch ?ri:cm:) - - Ra te s Fringes Plllmber; Steamfitter. . ~.: -3 E . - ---------------------------------------------------------.------- ROOFOOOB-002 06/01/2010 - R2tr::=::,::-: Fr in~~ ~OOFER. . . . . . . . . . . . . . . . . . . . . . . . . . . S: 3;.7:) 28.86 -------------------- ------------------------------ --------------- - SF~~CS69-JC2 ~4! ~/2C~ Rates Fringes - SPRINK=..ER FI~TER. ..... . . . .. ... .. . $ 39.08 20.65 ---------------------------------------------------------------- SHEE0038-001 07/01/2012 - ~ates ?ringes S j e:~ ~. ~ e:. a ~ v} 0 r k e::.- . . . . . . . . . ~ . . . . .~; ~ ~ . 8 = - ,:,r.., ~ ~ . j- --------------------------------------------- '.:'E.'u\1 J 4" S -:;~'':' CJ 5 / G ~ n 12 .. ;:-,a L e s 5' 2.- _ :-: ;: E S Truck drivers: GROUt' 1 GROUP lA. GROUP ~ . GROUP 3. GROUP 4. GROUP 0. . $ .30.3=, ..S 31. 4 ..$ 29.79 ...$ 29.57 ..$29.46 2 E-. 2 S-La - 26.2~+a 26.25+a 26.25+a .. 26.2C-+a " . . y 29'.J ti =: 6 . 2 :' + a. FOOT!';OTE: - 3. PP.ID }1'JLI=''1A'j'.5: j\; 1,,/ 'y'7Cr'? :-)ay', =-a;::-r:-,- ;...iCiY, ~":c(~:sicEr_~- ~}cy/ Fres '=:(=.'l+- 1c.1 .- ::. 1 C:ln [;2~" ~ -;;:.:. Y r-'; T, ,'.:: i..,'E~ 'j" at: - C:;:: 'y I rc'-=e ~'.--' Then y_.=- ,"i' ~ cr. -.~, 1 j t ;),,=- Ie' (:ll 'sersigb(dncri/\ppDatd/ localrrCll1piIO/\i\SR()C;.htlll 7 "':;~()l= till Page 25 of27 provided the employee works two days in any calendar week _ during vlhich the h Ii 5 occurs. -lUCK DRIVER CLASSIFICATIONS - GROUP 1: Dr i ver o,n Let rneau tractors, double barrel euclids, Athey vlago.ns and ~'lmilar equipment (except when h ked to scraper:3), I-beam and pole trailer:", drivers of _load oil distributors, tlre trucks and tractors and trailers wit~ 5 axles and OV I, Articulated Back Dumps and T~r~_iculc-c v';:ater Trt~ ~ KS . ~lvers cr~ cjpta= a~le seneck ~_,C:'hl bed T'rai~ers )-- '= ~c: >-.: 1 ,;'.! :ver::: e(21;~;'me~: ZS yards and over, ~p to :os ~~': (ao~e Jum~ c~ailers ~~n - 'C=:'vJde: (~ dynan:i t E-: trucks. - p yard bOCL "y'pe:s of tl~C--J.ctor t~ - =-')2::iver-s all equlpment up to and including 24 trucks, crete trucks and similar fuel t:ru~ks, tlatc:~: trucks and all o~her :' mixer c,,~c pr~:e'-, t c1ers. C;POUP 4: Drivers lei axles, te:1-",'heelers, grease trucks 2nd tiller'men. .. C~ROUP ,~: ::)r.i ver s pick-~lrl trucks l;sed for materi~15 p0rts, dr~VErs on escort m~n over-the-road a~d driver:~ on straight trucks. - ---------------------------------------------------------------- ~=,E?,:) - __\l~ ~E~~; t:'::CE5C2_ t;E~'C: f()-:: c~-2f~ ~s:c~orr:'.:nc; ~_t_\rat:O~1 _(: \.vh~cr: \'Je.ld.~:lg is ~:lcidenta:. ------------------------- ------------------------------------- ~ -- -- --- ---- -- ---- -- --- -- ~ -- .-- -- ~-------- - ---- --- -- --- - -- - --- ------- -- -- -- - --------- - ~Jnlistec. class~ficat~ons neede~ for wo~k ~ot inc11Jded within ~ ~he class~f~catioG3 l~sted ~ay be added after as provided in the labor standards contract clauses (a) (1: (ii);. e c; cepe card only ('!9CFR S. S ~------------------------------------------------------------- -I,~ c~ E (: t..;' ": C .::-:-; Co' +-.-:: ~:..-~ e ~ ess::.:c__t:=; ~_ ~O--:-_ e~:: 'viage rat, that :lave been =o.lnd to be prevailing for the r- ",="):)e';? \ .-:': cc~~~::~_~-.__c~~c~r_: :..~~ ~:-~e a re2 cC\7e"'-e(:: c:Y ':}---~e v;a<;;e termination. The classifications are listed in alptabetical :=_j~- f Ilic;entif_ier:~" that 01..:::ate 'whether t~1e partl _ar rate l:=', unl r ~Gn-LnJOn. J I Ident1fi reo - ~n iaentifler enclosed in dotted lines beginning with :::'1 ~~:cter:3 C';: ~,c:,- t_har: ItSU11 pnc;tss that the ~-^ sificat:ic" alici :: E~C ~ na v '= :_?-:: r no [ be preval]lng for ~:~Uf'.1 _S:::-,-[i~, 07 2011. that 1 :J :-;jflcat.: T:rd~~ :~ te tJj{=-- inter;!rJtic!l21 3 s ind_lc_(---ites thE ~_ccal ~r r, :: 11_ ( lscrsL'h\,!Ilt:r :\ppDulil !.ucallclTlp!()\ASR<)Ci.htm 7:' ':;.~(i I' example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July I, 2011 in the above example. Page 26 0[27 .. .. Union prevailing wage rates will be updated to reflect any changes in the collec~ive bargaining agreements governi~g the rate. .. Non-Union Identifiers Classifi::::ations :isted under an "5 " identifrer Viers from survey data by competing average rates ~ are r,3tes; however I the data used i~ c~mputing r~1ese r3te~ include b:~th union and non-union data. Sxamp~e: SULA2 4- 5/2.3/20:G~ SL1 -=-ndice.tes :.h:--? rates (~_~-e rL)T: ~_J.:-;~(,;~1 ra~e) ~_l\ .. - indicates the State of LOUIsiana; 2804 is the year of tne survey; and 007 is an internal number used in producin~ ~ne 1.vaqe determination. A 1993 or later date,S/13/2010, ;:-;dicates the classifications and rates under that identifier were ~ssued as a General Wage Determination on that date. .. Survey wage rates will remain in effect and will not change until a new survey is conducted. - .. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS .. 1.) Has there been an initial deCIsion in the matter? This can be: an existing published wage deterffiinatio~ a survey underlyi~g a wage de~er~inatio~ a Wage and Eour Civision letter setting ~ a wage determination matter a conformance (additional:lassificatic~ - rth a C0~_~~O~ C~ .. " c~;id rate) ...- .:. .1""' f< -~-..>.-_~.l'3 On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and .Your Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Cavis-Baco~ survey prosra~. If t~e respo~se fr~~ t~~s ~~i~i~l - .. c~~~act ~s no~ satis~a2~O~!f t~er ~~e Dr0cess iesc~~l)0~ '3:-j(j 3.; s>o-l.lld be f,")l:o....;ec. Wit~ regard to any ot~er matter not ye~ ripe ~ar the fcr~a~ process described here, i~~:_~2l con~ec~ Sh0._~~ 66 ~~~~ ~~E Branch of Construction Wage Determinations. Write to: .. .. Branch of ConstructIon Wage JetermInations Wage and Hour DiVIsion U.S. Department of Labor 200 Constitution Avenue, N.W. Washing~on, DC 2C21~ .. ) If the answer to the question in 1.) 1.': yes, then an Interested party (those affected by the actIon) can request ~-EVlew and reconsideration frem the Wage and H r Admirlist_Y2tc,r - ~ee 29 CF~ Part ; anci C FE Par t 7). 'I'i r l ~ f? t .. \^Jage ; j L !~ cirn i n _i t _r r; :: ',=' r Ie' 'C:/ l i~l'rs/.Q.bol ner' AppData/loci1L'lcrn p/I 0/\.\ S R Q(; .ht 111 /""'::;=()J~'''' Page 27 of27 - U.S. Department of Labor 200 Constitution Avenue, N.W. vi ash i n Cj t c. n, DC [12 1 0 T ~ request should be accompanied by a full statement of the i~erested party's pos.ltion and by any Information '\'Jage payment data, project descr.ipticn, area practice material, e :.) that the requestor conciders r('levant to the iS5ue. - 3.) If the deci5ion (,f the h.oministrat r IS not favorable, an i~terested par~y me 2ppea~ jrec~ly to the Administrative P y--:.le1,.,,: Boare: f.=>rmErly ~,he w,~: r;:~ Appeal~~ Boardi. ~Ivr.ite to: - in i 2.... ::- ,;::-: t ~ \7 e [.,' ~-:: ',' e ',"; E C E: :c ~'e >~_', ,:~ rrent. Lcd~)0r - L~:; C ~~".:t~tio;. },';enue, . :/\ . ~\-, 2 ::: r i :': c -= ,",.'~ J',.~, 4 ' P.ll dec:sil~ns t~e Adm: i.s~rati\}e Re\Tiev,' Board are fi.nal. - EN ('F CENEF!\L DECI:'::J:IJ - - - - - - - - - - - - c(,:l~scrs/l'.h()'ncr'/\rmI )atcl/[ uC;li I Cl1lp!O\.\SR.OCi.htrn - -,~ 20]2 OMB Approval No 2502-0470 (Expires 5/31/2010) U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner jblic reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, arching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, This Informa- l\IIen is required to obtain benefits and voluntary. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMS control number, :- upplementary Conditions of 'lPte Contract for Construction lis inform'ation collection is necessary to ensure that viable projects are developed. It is important to obtain information from applicants to assist -.JD in determining if nonprofit organizations initially funded continue to have the financial and administrative capacity needed to develop a project and that the project design meets the needs of the residents The Department will use this information to sets forth the obligations of the contractor or e'lbcontractor performing under the covered contract This information is required in order to obtain benefits This information is considered non- nSltive ar]d no assurance of confidentiality is provided. - Article 1 - Labor Standards I itructions '_lenever only FHA mortgage insurance is involved, use paragraph (A) and (C) of Article 1 - Labor Standards, Whenever any direct form of assistance (Section 8, Section 202/811 Capital Advance, grants I ;,) is involved, use paragraphs (A) and (B) and (C) of Article 1 - I.,bor Standards. Applicability e Project or Program to which the construction work covered by I S contract pertains is being assisted or insured by the United ~tes of America and the following Federal Labor Standards Provi- sions are included in this Contract or related instrument pursuant to the , lvisions applicable to such Federal assistance or insurance. '_ 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the , nstruction or development of the project), will be paid uncondition- J and not less often than once a week, and without subsequent oeduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor , der the Copeland Act (29 CFR Part 3), the full amount of wages . d bona fide fringe benefits (or cash equivalents thereof) due at ~e of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached reto and made a part hereof, regardless of any contractual : ationship which may be alleged to exist between the contractor Mfd such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section ))(2) of the Davis-Bacon Act on behalf of laborers or mechanics ; ~ considered wages paid to such laborers or mechanics, subject fe"the provisions of 29 CFR 5.5(a)(1 )(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less 'en than quarterly) under plans, funds, or programs, which cover ~ ) particular weekly period, are deemed to be constructively made ~incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage e and fringe benefits on the wage determination for the classifica- . n of work actually performed, without regard to skill, except as ~ovided in 29 CFR Part 5.5(a)(4), Laborers or mechanics perform- ing work in more than one classification may be compensated at the e specified for each classification for the time actually worked ~rein: Provided, That the employer's payroll records accurately set Mth the time spent in each classification in which work is performed. The wage determination (including any additional classification and Ige rates conformed under 29 CFR Part 5,5(a)(1 )(ii) and the Davis- '.con poster (WH-1321) shall be posted at all times by the contractor /!lIrd its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers, (ii) (a) Any class of laborers or mechanics which is not , !ed in the wage determination and which is to be employed under m-e contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and 1ge rate and fringe benefits therefore only when the following , teria have been met: - (1) The work to be performed by the classification places FHA-2554 which is obsolete - requested is not performed by a classification 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 benefits, 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 (if known), or their representatives, and HUD or ItS designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropri- ate), 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 classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day penod that additional time is necessary, (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the contractor, the laborers or mechan- ics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), 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 representative, will issue a determi- nation 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 Manage- ment and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs A.1 ,(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract 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 shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) 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 or 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 H-,e contractor under thiS contract or any other Federal contract With the form HUD-2554 (12'20/20051 ref Handbook ,1571 i Page 1 of 4 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 Housing 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 the contract, HUD or its designee 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, ad- vance. or guarantee of funds until such violations have ceased. HUD or Its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts 3, (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and 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 correct classification, hourly rates of wages paid (including rates of contributions 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-Bacon 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 )(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program 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 benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employ- ing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification 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 payrolls to the applicant. sponsor, or owner. as the case may be, for transmis- sion to HUD or its designee. The payrolls submitted shall set out accurately and completely 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 Documents (Federal Stock Number 029-005-00014-1). U.S. Gov- ernment Printing Office, Washington. D.C. 20402. The prime con- tractor 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 subcontrac- tor 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 Part5.5(a)(3)(i) and that such information is correct and complete: (2) That each laborer or mechaniC (including each Fieplaces FHA.2554 which IS obsolete helper, apprentice, and trainee) employed on the con- tract 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 indirectly 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 classification of work per- _ . formed, as specified in the applicable wage determina- tion incorporated into the contract. (c) The weekly submission of a properly 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 A3.(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. (iii) The contractor or subcontractor shall make the records required under paragraph A3.(i) of this section available for inspec- - tion, 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 subcontractor fails to submit the required .. records or to make them available, HUD or its designee 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. Furthermore, .. 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. (i) Apprentices and Trainees. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program regis- tered 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 proba- tionary employment as an apprentice. The allowable ratio of appren- .. tices 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 determination for the work actually performed. Where a con- tractor 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 journeyman's hourly rate) speci- fied in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not 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 shall be paid fringe benefits in accordance with the provisions of the appren- ticeship 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 classifi- cation. If the Administrator determines that a different practice prevails for the applicable apprentice classification. fringes shall be _ paid In accordance with that determination In the event the Bureau form HUD-2554 (12/20/2005) ref Handbook 4571 1 Page 2 of 4 - Apprenticeship and Training, or a State Apprenticeship Agency :ognized by the Bureau, withdraws approval of an apprenticeship Pr'ogram, the contractor will no longer be permitted to utilize appren- tices at less than the applicable predetermined rate for the work rformed until an acceptable program is approved. _ (ii) 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 performed unless they are employed pursuant to and Jividually registered in a program which has received prior ap-. _)Val, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of train- P.p.s to jour'neymen on the job site shall not be greater than permitted der the plan approved by the Employment and Training Adminis- _tion. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, ex- pressed as a percentage of the journeyman's hourly rate specified in " applicable wage determination. Trainees shall be paid fringe _nefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determi- tion unless the Administrator of the Wage and Hour Division _termines 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 lployee listed on the payroll at a trainee rate who is not registered d participating in a training plan approved by the Employment and rr'aining Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work tually performed. In addition, any trainee performing work on the ) site in excess of the ratio permitted under the registered program ~all be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the nployment and Training Administration withdraws approval of a lining program, the contractor will no longer be permitted to utilize lrainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of _prentices, trainees and journeymen under this part 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 con- .ctor 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 y subcontracts the clauses contained in 29 CFR 5.5(a)(1) through ~) and such other clauses as HUD or its designee may be appropriate instructions require, and also a clause requiring the ~ 'bcontractors to include these clauses in any lower tier subGon- .cts. The prime contractor shall be responsible for the compliance *' any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract termination; debarment. A breach of the contract lUses in 29 CFR 5.5 may be grounds fortermination of the contract, l'md for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Require- ents. All rulings and interpretations of the Davis.Bacon and mlated 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 _t 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 accordance with the procedures of the Depart- "nt of Labor set forth in 29 CFR Parts 5. 6. and 7. Disputes within .- meaning of this clause include disputes 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. (i) Certification of Eligibility. By entering into this contract -.; contractor certifies 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 participate in HUD programs pursuant to 24 CFR Part 24. (ii) 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 512(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the US. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administra- tion transactions", provides 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." B. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics" include watch- men and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment 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 forty hours In such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek 2. Violation; liability for unpaid wages, liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responSible therefore shall be liable for the unpaid wages In addition. such contractor and subcontractor 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 dam- ages. Such liquidated damages shall be computed With respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (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 the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (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 authorized 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 contrac- tor, or any other Federally-assisted contract 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 shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subpara- graphs (1) through (4) of this paragraph. C. The Contractor will be required to execute FHA Form No. 2403- A, Contractor's Prevailing Wage Certificate. as a condition prece. dent to insurance by the Federal Housing Administration of that certain mortgage loan, or an advance thereof. made or to be made by the mortgagee in connection with the construction of the project Article 2 - Equal Employment Opportunity The applicant hereby agrees that it wlil'ncorporale or cause to be places FHA-2554 which is obsolete Page 3 of 4 form HUD-2554 (12!20i20051 ref Handbook i\571 ! - incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insur- ance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan. insurance, or guarantee, the following equal opportunity clause: During the performance of this contract. the Contractor agrees as follows A. The Contractor will not discriminate against any employee or applicant for employment because of race. color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed. and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following Employment, upgrading, demotion, or transfer: recrUit- ment or recruitment advertising: layoff or termination; rates of payor other forms of compensation: and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause. B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants will receive consideration for employment with- out regard to race, color, religion, sex, or national origin. C. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers representatives of the Contractor's commit- ments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. 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. E. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of the Contractor's noncompliance with the nondis- crimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor. or as otherwise provided by law. G. The Contractor will include the portion of the sentence immedi- ately preceding paragraph A and the provisions of paragraphs A through G 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 11246 of September 24, 1965, so that such provisions will be binding upon each subcontrac- tor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Secretary of Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompli- ance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with. litigation with a subcontractor or vendor as a result of such direction by the Secretary of Housing and Urban Development or the Secretary of Labor, the Contractor may request the United States to ener into such litigation to protect the interests of the United States. H. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment prac- tices when it participates in federally assisted construction work Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government .. which does not participate in work on or under the contract. I. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the .. compliance of contractors and subcontractors with the equal oppor- tunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the ... administering agency in the discharge of the agency's primary responsibility for securing compliance. J. The applicant further agrees that it will refrain from entering into .. any contract or contract modification subject to Executive Order 11246 of September 24. 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive .. order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In .. addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the followmg actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from ... extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such appli- cant; and refer the case to the Department of Justice for appropriate .. legal proceedings. Article 3 - Equal Opportunity for Businesses and Lower Income Persons Located Within the Project Area ... (Applicable to Section 236 projects. where the estimated replace- ment cost of the project as determined by the Secretary of Housing and Urban Development exceeds $500,000, and to all projects, including Section 236 regardless of estimated replacement cost, receiving rent supplement assistance under Title I, Section 101 of the ... Housing and Urban Development Act of 1965) A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assis- ... tance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training .. and employment be given lower income residents of the unit of local government or the metropolitan area (or nonmetropolitan county) as determined by the Secretary of Housing and Urban Development in which the projects located and contracts for work in connection with ... the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the same metropoli- tan area (or nonmetropolitan county) as the project. Article 4 - Health and Safety .. A. No laborer or mechanic shall be required to work in surrouncJingss or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor .. by regulation. B. The Contractor shall comply with all 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 to the Contract Work Hours and Safety Standards Act (Public Law 91- 54. 83 Stat. 96). C. The Contractor shall include the provisions of this Article in every ... subcontract so that such provisions will be binding on each subcon- tractor. The Contractor shall take such action With respect to any subcontract as the Secretary of Housing and Urban Development of the Secretary of Labor shall direct as a means of enforCing such ... proviSions Replaces FHA.2554 which IS obsolete Page 4 ot 4 form HUD-2554 (12'20/2005) ref. Handbook 4571 1 .. - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD SUMMARY OF WORK 01010-1 - PART 1 - GENERAL 1.1 DESCRIPTION - A. - B. - - ... - - - .. - - - - - - - - This section clarifies, modifies, deletes from, or adds to the various provisions of all other sections and particular portions of the work. This section' shall be used in conjunction with every other section in order to determine the total requirements under each section. Work for this project is included in one (1) construction contract. This contract shall include all work set forth in plans or specifications required to complete the improvements described. The descriptive narrative prepared for the contract has been structured to define the general work required. There is no intention, either implied or otherwise, that these narratives accurately or completely list all items of work to be undertaken as part of the contract. Any necessary work which is not specifically described in the contract documents shall be included in the contract. Where used herein, the words "included" or "including" shall mean "including but not restricted to". The contract shall include all labor, material, equipment, plant, and other expenses required to perform the work specified. Work shall be performed in accordance with all applicable permits. Prior to start of work, the CONTRACTOR must submit a detailed construction schedule. C. The work will be close proximity to existing power lines and other improvements. Each bidder must fully familiarize himself with all existing underground utilities. As the existing underground electric is privately owned, the CONTRACTOR shall be responsible for locating and marking underground electrical utilities. The CONTRACTOR shall protect existing facilities. The CONTRACTOR shall utilize every precaution to protect such structures and utilities from any and all damage, with the understanding that all damage shall be repaired or replaced as directed by the ENGINEER at no additional cost to the OWNER Compensation for such work as anticipated by the CONTRACTOR shall be included in the appropriate bid item in the Bid Proposal. D. The specifications are comprehensive in nature. There may be certain items described in these specifications which are not part of this contract and are therefore not applicable. In all cases of doubt. consult with the ENGINEER. The ENGINEER shall be the sole judge as to the meaning, intent, and content of the Contract Documents. 1.2 SCOPE OF WORK A. General 1. The General CONTRACTOR shall provide and install all suitable signs. barricades, and other protective devices for the maintenance and protection of pedestrian and vehicular traffic for the proposed work as required. 2 The CONTRACTOR and his Subcontractors shall ensure that the work area is adequately secured with temporary fence and other safety devices whenever work is unattended in order to protect the public. A handicap accessible route to the field shall be provided for access to the field on Saturdays and Sundays throughout the period of construction. 3. The CONTRACTOR shall protect all existing features. utilities, or structures for the duration of the contract. The CONTRACTOR shall provide all shoring and bracing necessary to protect existing features. Damage to existing features, utilities. or structures as a result of work under this contract shall be replaced by the CONTRACTOR at no additional cost to the OWNER. Items temporarily TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD SUMMARY OF WORK 01010-2 .. 4. removed, with the ENGINEER's approval. shall be replaced in-kind upon completion of the project and to the satisfaction of the OWNER. The CONTRACTOR shall provide erosion and sediment control to the satisfaction of the ENGINEER for the duration of the contract. All costs for 1-5 above shall be included in the CONTRACTOR's Base Bid. .. 5. .. . B. Specific Tasks BASE BID SCOPE OF WORK 1. Install all erosion and sediment control measures. 2. Place all topsoil as required. 3. Furnish all labor, equipment and material to install dugouts. paved parking. paved and fenced spectator area, and ball stopper. 4. Remove temporary erosion control measures. ALTERNATE SCOPE OF WORK 5. Furnish and install all labor and materials necessary for clay transition path. 6. Install all erosion and sediment control measures. 7. Furnish all labor, equipment and material to install holding tank and water line. 8. Remove temporary erosion control measures. .. .. .. .. END OF SECTION .. .. - .. .. .. .. - .. .. - .. - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD PROJECT COMPLETION PROCEDURES 01027-1 - PART 1 - GENERAL. - 1.1 SUMMARY A. Section Includes: 1. Completion procedures. - 1.2 CONTRACT CONDITIONS A. - - .. A. - .. .. .. - .. .. - - - - See tile conditions of the contract for additional requirements. B. Payments may be withheld If the CONTRACTOR fails to make dated submittals within the time periods specified. 1.3 DEFINITIONS Final Completion: The stage at which all incomplete and incorrect work has been completed or corrected in accordance with the contract documents. B. List of Incomplete and/or Unacceptable Work: A comprehensive list of items prepared by the CONTR/\CTOR and reviewed by the ENGINEER, to be completed or corrected, by the CONTRACTOR prior to obtaining certification of substantial completion. This list is also referred to as a "punchlist." 1. The E::NGINEER will not inspect the work until receiving and reviewing the list of incomplete and/or unacceptable work from the CONTRACTOR. C. Substantial Completion: The time at which the work, or a portion of the work which the OWNER agrees to accept separately, is sufficiently complete in accordance with the contract documents so that the OWNER can occupy or use the work for its intended purpose. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1 SUBSTANTIAL COMPLETION PROCEDURES A Request for inspection and application for payment may coincide. B. The ENGINI:::ER will perform inspection for substantial completion, upon request of the CONTRACTOR 1. When issuance of several certificates of substantial completion for portions of a single prime contract is authorized by the OWNER, the above provisions apply separately to each separate portion. C, Do not submit request for inspection for substantial completion until the following activities have been completed: 1. Delivery of maintenance materials and tools 2. Demonstration of all equipment and systems. 3. Removal of temporary facilities. 4. Changeover to permanent locking systems 5 The OWNER has been informed of necessary procedures for changing over Insurance coverages TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD PROJECT COMPLETION PROCEDURES 01027-2 ... 6. The OWNER has been informed of procedures for changing over operation, maintenance, security, etc. The OWNER has received occupancy and operating. permits from authorities having jurisdiction. All activities specified to occur prior to substantial completion. - - 7. 8. D. Do not submit request for inspection for substantial completion until the following submittals have been completed: 1. List of incomplete work. 2. Warranties. 3. Maintenance agreements. 4. Operation and maintenance data. 5. All submittals specified to occur prior to substantial completion. ... ... E. Submit the following with application for payment at substantial completion: 1. CONTRACTOR's affidavit of release of liens. 2. Request for reduction or release of retainage. 3. Consent of surety to reduction in or partial release of retainage. 4. Other data required by the contract documents. - - 3.2 FINAL COMPLETION PROCEDURES ... A. Request for final inspection and final application for payment may coincide. B. ... The ENGINEER will perform inspection for final completion. upon request of the CONTRACTOR. 1. Submit the following with request for inspection: a. Previous inspection lists indicating completion of all items. b. If any items cannot be completed, obtain prior approval of such delay. - C. Submit the following with the final application for payment: 1. Certified copy of the previous list of items to be completed or corrected, stating that each has been completed or otherwise resolved for acceptance. 2. Updated final statement, accounting for final changes to the contract sum. 3. Consent of surety to final payment. 4. CONTRACTOR's affidavit of payment of debts and claims. 5. Description of unsettled claims 6. Project record documents. 7. Other data required by the contract documents. - .. - .. END OF SECTION ... ... ... - ... - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD MODIFICATION PROCEDURES 01028-1 - - - - - - - - - - - - - - - - - - PART 1 - GENERAL 1.1 SECTION INCLUDES A. Administrative and procedural requirements for handling and processing Contract modifications. 1.2 MINOR CHANGES IN THE WORK A. Supplemental instructions authorizing minor changes or clarifications of the Work, not involving an adjustment to the Contract Sum or Contract Time, will be issued by the ENGINEER. 1.3 CHANGE ORDER PROPOSAL REQUESTS A. Owner-Initiated Proposal Request: Proposed changes in the Work that will require adjustment to the Contract Sum or Contract Time will be issued by the ENGINEER, with a detailed description of the proposed change and supplemental or revised Drawings and Specifications, if necessary. 1. Proposal requests issued by the ENGINEER are for information only. Do not consider them an instruction either to stop work in progress, or to execute the proposed change. 2. Unless otherwise indicated in the proposal request, within 10 days of receipt of the proposal request, submit to the ENGINEER for the OWNER's review an estimate of cost necessary to execute the proposed change. The response shall include the following items as a minimum. a. The amount of change in the Contract Sum. b The amount of change in the Contract Time. c. Quantities and unit costs of products, labor, and equipment. d. Applicable delivery charges, equipment rental, trade discounts, taxes. insurance and bonds. e. Overhead and profit. f. The period of time within which the proposed changes in the Contract Sum or Contract Time will be valid. g. A statement describing the effect the change may have on the work of other prime contractors B. Contractor-Initiated Change Ordei' Proposal Request: When latent or other unforeseen conditions require modifications to the Contract. the CONTRACTOR may propose changes by submitling a request for a change to the ENGINEER. 1. Include a statement outlining the reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. 2. Provide all the information required for the CONTRACTOR's response to an Owner-Initiated Proposal Request. TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD MODIFICATION PROCEDURES 01028-2 .. 1.4 CONSTRUCTION CHANGE DIRECTIVE - A. When the OWNER and CONTRACTOR are not in total agreement on the terms of a Change Order Proposal Request, the ENGINEER may issue a Construction Change Directive instructing the CONTRACTOR to proceed with a change in the Work, for subsequent inclusion in a Change Order. . ... - B The Construction Change Directive will contain a complete description of the change in the Work and designate the method to be followed to determine change in the Contract Sum or Time. - C. CONTRACTOR shall maintain detailed records on a time and material basis of work required by the Construction Change Directive. After completion of the change, submit an itemized ac-count and supporting data necessary to substantiate cost and time adjustments to the Contract. ... - 1.5 CHANGE ORDER PROCEDURES A. Upon the OWNER's approval of a Change Order Proposal Request, the ENGINEER will issue a Change Order for signatures of the OWNER and CONTRACTOR. - END OF SECTION - ... ... - ... .. - .. ... ... .. - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD SURVEYS AND PERMITS 01052-1 - PART 1 - GENERAL 1.1 SURVEYS - A. - B. - - 1.2 - A. - - - - - - - - - - - - From the information provided on the Contract Drawings, the CONTRACTOR shall verify benchmarks and develop and make all detail surveys needed for construction. The CONTRACTOR shall set and maintain all intermediate points. lines. grades, and elevations and provide slope stakes, offset stakes. batter boards. stakes for pipe locations and other such items as required, all at his own expense. The CONTRACTOR shall prepare grade letters and cut sheets for sewer lines and shall furnish copies to the ENGINEER in advance of construction of the sections of the sewer for which such grade letters and cut sheets are prepared. The accuracy of the CONTRACTOR's survey and paper work is the sole responsibility of the CONTRACTOR, and the furnishing of data to the ENGINEER does not constitute a transfer or responsibility for checking. PERMITS The CONTRACTOR shall secure all necessary permits in connection with the performance of its work including all building and temporary construction permits required of his equipment, work force, or particular operation and shall pay all municipal and other fees in connection therewith, and shall furnish at its expense any and all bonds and cash or other deposits required by law or required by any lawful body having the right to make demand therefor. END OF SECTION .. TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD CODES AND STANDARDS 01060-1 PART 1 - GENERAL - 1.1 CODES, STANDARDS, AND SPECIFICATIONS Whenever reference is made to any published standards, codes, or standard specifications, it shall mean the lafest standard code, specification, or tentative specification of the technical society, organization or body referred to, which is in effect on the date shown on the Drawings, except where a specific date of a standard or code is specified. Where specified articles, sections, paragraphs, or other subdivisions of the referenced publications are not stated, the referenced publication shall apply in full, except where specifically noted otherwise. - A. - - - 1.2 ABBREVIATIONS - ORGANIZATIONS The following is a partial list of abbreviations which may be used in the specifications and the organizations to which they refer: - AAN AASHTO - ACI AGA AlA AISC AISI ANSI ASA ASCE ASHRAE - .. - - ASTM AWPA AWS AWWA CMB DEC - .. EPA ETL FM FmHA - IEEE MBFU NEC NEMA NFPA OSHA SCS UL WWPA - - - - AMERICAN ASSOCIATION OF NURSERYMEN AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANS- PORTATION OFFICIALS AMERICAN CONCRETE INSTITUTE AMERICAN GAS ASSOCIATION AMERICAN INSTITUTE OF ARCHITECTS AMERICAN INSTITUTE OF STEEL CONSTRUCTION AMERICAN IRON AND STEEL INSTITUTE AMERICAN NATIONAL STANDARDS INSTITUTE AMERICAN STANDARDS ASSOCIATION AMERICAN SOCIETY OF CIVIL ENGINEERS AMERICAN SOCIETY OF HEATING, REFRIGERATING AND AIR CONDITIONING ENGINEERS AMERICAN SOCIETY FOR TESTING AND MATERIALS AMERICAN WOOD PRESERVERS' ASSOCIATION AMERICAN WELDING SOCIETY AMERICAN WATER WORKS ASSOCIATION CERTIFIED BALLAST MANUFACTURERS NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION U.S. ENVIRONMENTAL PROTECTION AGENCY (USEPA) ELECTRICAL TESTING LABORATORIES, INC. FACTORY MUTUAL LABORATORIES FARMERS HOME ADMINISTRATION, U.S. DEPARTMENT OF AGRICULTURE INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS NATIONAL BOARD OF FIRE UNDERWRITERS NATIONAL ELECTRICAL CODE NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION NATIONAL FIRE PROTECTION ASSOCIATION U.S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION U.S. SOIL CONSERVATION SERVICE UNDERWRITERS LABORATORIES, INC WESTERN WOOD PRODUCTS ASSOCIATION TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD CODES AND STANDARDS 01060-2 .. END OF SECTION .. .. ... .. .. .. .. - - .. ... - ... ... .. ... .. .. TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD ABBREVIATIONS AND SYMBOLS 01070-1 - PART 1 - GENERAL - 1.1 DESCRIPTION - A. This section lists and defines various common abbreviations which are used throughout the Contract Documents . . - B. Abbreviations of organizations and federal agencies, which publish standards, codes, and regulations are defined in Section 01 060-Codes and Standards. - C. Other abbreviations and symbols may be found in legends and elsewhere on the Drawings. Piping material abbreviations are contained in the piping sections. - D Should an abbreviation or symbol not be specifically defined, it shall carry the standard definition commonly used in the industry. - E. Whenever any doubt arises as to what an abbreviation or symbol means, notify the ENGINEER, and he will issue a definition in writing. 1.2 ABBREVIATIONS .. A. The following is a list of commonly used abbreviations which may be found in the Contract Documents and the meanings ascribed to them: - - A.C. or ac aorA AFF amp or Amp Alum. Asph. Aux. Bit. Cont. CI CB CI. em C.O. Cone. Cont. Cu. ec C.F. CFM or cfm CFS or cfs C.Y. C.J. CT d D.C. or de Dia. DIP DWG. or Dwg. Alternating Current or Asbestos Cement Amperes Above Finished Floor Amperes Aluminum Asphalt Auxiliary Bituminous Concrete Cast Iron Circuit Breaker Class Centimeter Cleanout Concrete Continuous Cubic Cubic Centimeters Cubic Feet Cubic Feet per Minute Cubic Feet per Second Cubic Yard Control Joint Current Transformer Penny Direct Current Diameter Ductile Iron Pipe Drawing - - .. - - - .. - - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD ABBREVIATIONS AND SYMBOLS 01070-2 .. Dr. Ea. or ea. EF . EW Eft. or eft. E.J. EI. or Elev. F Fin. Gr. fps Ft. or ft. ftg. g. Ga. or ga. Gal. or gal. Galv. GPO or gpd GPM or gpm H-O-A Hz. or hz. 1.0. I.J. Inv. IP KVA or kva Kw or kw KWH or kwh Lbs. or Ibs. L.F. LPA L.S. m. mA Max. or max. MCC MJ mg. MGD or mgd mi. Min. or min. mm No. or no. nom. N.T.S. 0.0. Oz. or oz. pb pef PPD PIB pr!. psf Drive Each Each Face Each Way Efficiency Expansion Joint Elevation Flanged Finished Grade Feet Per Second Feet Footing Grams Gauge Gallon Galvanized Gallons Per Day Gallons Per Minute Hand-Off Automatic Hertz Inside Diameter Isolation Joint Invert Instrument Panel Kilowatt-amperes Kilowatts Kilowatt-hours Pounds Linear Feet Lighting Panel "A" Lump Sum Meters Milliamperes Maximum Motor Control Center Mechanical Joint Milligrams Million Gallons Per Day Miles Minimum Millimeters Number Nominal Not to Scale Outside Diameter Ounce Pushbutton Pounds per Cubic Foot Pounds Per Day Pull Box Primary Pounds Per Square Foot .. ... ... .. .. .. ... .. - .. .. .. - .. .. ... - .. TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD ABBREVIATIONS AND SYMBOLS 01070-3 ... - pSI pSlg PT Pvt. or Pvmt. R. R.O.W. Sch. sec. Sq. or sq. S/S/P Std. or std. S.Y. T&B Typ. U.O.N. V or v Vac or VAC Vdc or VDC V.F. Vol. W orw Yd. or yd Pounds Per Square Inch Pounds Per Square Inch, Gauge Pressure Potent ial Transformer Pavement Radius Right-of-Way Schedule Secondary or Seconds Square Stop-stan-pilot Station Standard Square Yards Top and Bottom Typical Unless Otherwise Noted Volts Alternating Current Voltage Direct Current Voltage Vertical Feet Volume Watts Yards - ... ... - - - - 1.3 SYMBOLS - The following is a list of commonly used symbols which may be found in the Contract Documents, and the meanings ascribed to them: (f) o Phase, Diameter, or Round (as applicable) Degrees (F=Fahrenheit; C=Centigrade) Feet or Minutes Inches or Seconds Number or Pound Per or Divided By - - # / END OF SECTION - - - - - - - - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD SUBSTITUTIONS 01140-1 - PART 1 - GENERAL 1.1 SUBSTITUTIONS - - - - A. B. Reference: Instruction to Bidders. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment or construction method (non-base bid items), he shall make written application to the OWNER within thirty (30) days after execution of the Contract, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. Requests for review of substitute items of material and equipment will not be accepted by the OWNER from anyone other than the CONTRACTOR. C. The CONTRACTOR shall submit six (6) copies of requests for substitution, including base bid items. Include in the request the following: - .. - - - .. .. - - .. - - - 2. D. E. 1. Complete data substantiating compliance of proposed substitution with Contract documents. Indication whether or not incorporation or use of the substitute in connection with the work is subject to payment of any license fee or royalty. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data. and reference standards. c. Samples. d. Name and address of similar projects on which product was used, date of installation, and product performance and maintenance records e. For Construction Methods: f. Detailed description of proposed method g. Drawings illustrating methods. Itemized comparison of proposed substitution with product or method specified. Data relating to changes in construction schedule. Relation to separate contracts, if any. Accurate cost data on proposed substitution in comparison with product or method specified. 3. 4. 5. 6. 7. In making request for substitution. CONTRACTOR represents: 1. He has personally investigated proposed product or method, and determined that it is equal or superior in all respects to that specified. 2. He will provide the same or better guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work. making such changes as required in all respects. 4. He waives all claims for additional costs related to substitution that consequently become apparent. 5. Cost data is complete and includes all related costs under this Contract. Substitutions will not be accepted if: 1. They are only shown or implied on Shop Drawings. 2. Acceptance will require substantial revision of Contract Documents. 3. Substitutions would change design concepts or specifications. 4. Substitutions would delay completion of the work TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD SUBSTITUTIONS 01140-2 .. 5. Substitutions involve items for which a manufacturer was declared at time of bidding. .. F. The OWNER will determine whether substitute brands or products are equal to those specified in the Contract Documents. No substitute will be ordered or installed without the OWNER's prior written acceptance. .. G. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. .. H. If the OWNER determines that a substitute is not equal to that named in the Specifications, the CONTRACTOR shall furnish one of the brands or products specified, at no additional cost to the OWNER. .. I. Engineering Costs 1. The OWNER will record all time required in evaluating substitutions proposed by CONTRACTOR and in making any change in the drawings or specifications occasioned thereby. Whether or not the OWNER accepts a proposed substitute, the CONTRACTOR will reimburse the OWNER for the actual costs of the OWNER for evaluating any proposed substitute which either does not meet the requirements of the drawings and specifications, or the acceptance of which would require changes to other portions of the work. 2. CONTRACTOR shall reimburse OWNER for all associated engineering costs, including redesign, additional shop drawing reviews, investigations, consultant fees and revision of the Contract Documents required because of the substitution. - .. - - J. The time required by the OWNER to evaluate and either accept or reject proposed substitutes is included in the contract time and no extension of contract time shall be allowed therefor. - .... END OF SECTION .. .. .. .. .. .. .. .. ROBINSON LANE BASEBALL FIELD SUBMITTALS 01300-1 - TOWN OF WAPPINGER 11412.07 - - - - - - - 1.2 - A. - - - - - - - - - - PART 1 - GENERAL 1.1 DESCRIPTION A. This section generally describes the types of submittals required during construction procedures for making submittals, the preparation of submittals and the times submittals . are required. B. Additional submissions are required by the Instructions to Bidders and the General Conditions Such submittals generally include such things as Bids and Bidding Documents. insurance policies, certification of bond and insurance coverage, Applications for Payment. requests for Change Orders, guarantees, permits, certifications and documents required by federal, state, and local authorities, submissions required by utility companies and other persons, firms, or organizations and other such submittals. c. The requirements of this Section are general in nature and basically apply to all Sections of the Specifications. Additional submissions and more specific requirements on submissions are contained in the various Specification Sections. In each individual Section, no attempt was made to cover or repeat the submissions contained in this Section and, therefore, the total of all submissions required are the combination of those described in this Section plus those specified in the various other Sections. IDENTIFICATION OF SUBMITTALS Completely identify each submittal and resubmittal by providing at least the following information denoted on the cover sheet at the end of this section. 1 . Name of Project 2 Name, address, and telephone number of CONTRACTOR and CONTRACTOR's stamp of approval, indicating that the submission has been thoroughly checked by CONTRACTOR for conformance and fit. 3. Name, address, and telephone number of individual, firm, or organization who will be doing the fabrication, supplying or manufacturing of equipment and materials and the name of the individual who may be contacted for further information. 4. Drawing number and Specification Section number to which submittal applies. 5. The location, service, equipment designation and other information to specifically indicate the item for which approval is requested. 6. Whether it is an original submittal (first submission) or a resubmittal (second. third. etc., submission). Submissions not containing the above will be returned to CONTRACTOR, unreviewed by ENGINEER. 1.3 COORDINATION OF SUBMITTALS A. Prior to submitting to ENGINEER, fully coordinate all inter-related work. As a minimum. do the following: TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD SUBMITTALS 01300-2 - 1. Determine and verify all field dimensions and conditions, materials, catalog numbers and similar data. .. 2. Coordinate with all trades, subcontractors, other contractors, public agencies, and utility companies and secure all necessary approvals, in writing. ... 3 Clearly indicate any deviations from the Contract Documents. - B Make submittals in groups containing all associated items which in some way depend upon each other. This also applies to color charts, as one color may not be able to be selected without the selection ot other colors so as to form color coordinated group. ENGINEER may elect not to review partial, incomplete submissions, whereupon he will notify CONTRACTOR of the additional submissions which are required before a review can be made. - ... 1.4 TIMING OF SUBMITTALS A. - Make submittals far enough in advance of scheduled dates of installation to provide time for reviews, for securing necessary approvals, for possible revisions and resubmittals, and for placing orders and securing delivery. The ENGINEER will review submittals in a manner as expedient as possible, however, no representation is made as to the amount of time which will be utilized tor review. .. B. Submissions may be returned unreviewed, rejected tor several reasons, approved conditioned upon submission of related items or tor other reasons set forth in the Contract Documents. - - c. Make submissions well in advance as the returning, rejecting, or disapproval of submissions or other similar circumstances are possible and are deemed "avoidable delays" as defined in the General Conditions. Costs for these delays or those attributed to CONTRACTOR's tardiness is making submittals shall be borne by the CONTRACTOR. ... 1.5 DESTINATION OF SUBMITTALS .. A. Unless otherwise specified, six (6) copies of every submission shall be sent to the ENGINEER's office as follows: ... Clark Patterson Lee 900 Corporate Boulevard Newburgh, New York 12550 .. 1.6 CLARITY OF SUBMITTALS ... A. All printed materials shall be neat. clean, clear, and legible, and of such quality that they can be easily reproduced by normal photocopying or blueprinting machines. Copies not conforming to this paragraph may be returned to the CONTRACTOR, unreviewed. .. 1.7 CONTRACTOR'S REPRESENTATION A. By making a submiSSion. CONTRACTOR represents that he has determined and verified all field measurements. field construction criteria, materials, catalog numbers, and similar data. and that he has checked and coordinated each submission with other contracts at or ., - .. TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD SUBMITTALS 01300-3 - - adjacent to the project site and with the requirements of the Contract Documents. CONTRACTOR will sign and date each submittal certifying that it complies with the requirements of the Contract Documents. - 1.8 ENGINEER'S REVIEW A. ENGINEER will review and comment on each submission conforming to th.e requirements of this Section. ENGINEER's review and comments shall be considered as a gratuitous service, given as assistance in interpreting the requirements of the Contract, and in no way shall it relieve CONTRACTOR of any of his responsibilities under the Contract. ENGINEER's review will be only for conformance with the design concept of the project and will be confined to general arrangement and compliance with the Contract Document only, and will not be for the purpose of checking dimensions, weights, clearances, fitting, tolerances, interferences, or coordination of trades or contractors. The approval of a separate item does not represent approval of an assembly in which the item functions. - - - B. Submittals will be marked as follows: - - NO EXCEPTION TAKEN: The content of this submittal has been reviewed by the ENGINEER and then found to be in general compliance with the Contract Documents. No further submission of this submittal is required, and the information contained in the submittal may be built into the work in accordance with the terms and conditions of the Contract Documents. - - FURNISH AS CORRECTED: The content of this submittal has been reviewed by the ENGINEER and has been found in general to be in compliance with the Contract Documents. The notations made on the submittal, by the ENGINEER, shall be incorporated into the work in accordance with the terms and conditions of the Contract Documents No further submission of this submittal is required. - - REVISE AND RESUBMIT: The content of this submittal has been reviewed by the ENGINEER, and this review has indicated that additional data and/or modifications to the submitted data or other changes are required to bring the work represented in this submittal into compliance with the Contract Documents. This submittal shall be reviewed and marked in accordance with the ENGINEER's comments, by the CO NT R.A.CTOR, and resubmitted to the ENGINEER for another review. The information contained on the resubmittal shall not be incorporated into the work until the drawing is returned to the CONTRACTOR with a "No Exception Taken" or "Furnish as Corrected" stamp. - - REJECTED - SEE REMARKS: The content of this submittal has been reviewed by the ENGINEER, and this review has indicated that the work displayed in the submittal is not in compliance with the Contract Documents. The CONTRACTOR shall submit another submittal for this portion of the work, which complies with the Contract Documents. - RECEIVED: This submittal is accepted on the Project and filed for record purposes only, in accordance with the terms and conditions of the Contract Documents. - C. No payment will be made on any item for which a submission is required if such submission: .. 1. Has not been made. 2. Has been made but not stamped "No Exception Taken" by ENGINEER. - - TOWN OFWAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD SUBMITTALS 01300-4 .. 3. Has been made and stamped "Furnish As Corrected". but CONTRACTOR has not complied with ENGINEER's notes marked on the submittal. Has'been made and stamped "No Exception Taken". but actual item provided does not conform to the shop drawing nor to the Contract Documents. ... 4. - 1.9 RESUBMISSIONS A. Prepare new and additional submissions, make required corrections. and resubmit corrected copies until approved. On or with resubmittals. clearly describe revisions and changes made, other than the corrections requested by ENGINEER. which did not appear on the previous submissions. - - 1.10 CONTRACTOR'S RESPONSIBILITIES A. ... ENGINEER's approval of submittals shall not relieve CONTRACTOR of responsibility for any deviation from the requirements of the Contract Documents unless CONTRACTOR has informed ENGINEER, in writing, of such deviation at the time of submission and ENGINEER has given written approval to the specific deviation, nor shall ENGINEER's approval relieve CONTRACTOR from responsibility for errors or omissions in the submittals. ... ... B. No portion of the work requiring a submission shall be commenced until the submission has been approved by ENGINEER. - PART 2 - PRODUCTS AND MATERIALS - If Applicable 2.1 SCHEDULE OF VALUES - A At least fifteen days prior to the first Application for Payment, submit to ENGINEER a schedule of values for various portions of the work, including quantities aggregating the to- tal Contract Price. and supported by such data to substantiate its correctness as ENGINEER may require. Each item in the schedule of values shall include its proper share of overhead and profit. This schedule, when approved by ENGINEER, shall only be used as a basis for CONTRACTOR's Applications for Payment. No payments will be made to CONTRACTOR until such Schedule has been submitted and approved by ENGINEER. - ... B. On "unit price" items, the schedule of values shall contain unit prices for various stages of work, such as restoration of surfaces broken down into paved. unpaved, and other types of areas to be restored. ... C .. On "per each" or "lump sum" items, break prices down sufficiently to provide a convenient and realistic means for determining the amount of work done during various stages of progress. ... D. Where prices are not broken down sufficiently to accurately determine the value of work completed, ENGINEER will estimate the value of the work completed and will deduct some amount so as to arrive at a conservative value which will allow OWNER to easily complete the work with the unpaid balance. When the required detail in the Schedule of Values is not provided by CONTRACTOR. CONTRACTOR agrees to accept ENGINEER's determina- tions. .. - - .. - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD SUBMITTALS 01300-5 .. 2.2 CERTIFICATIONS A. - - - 2.3 A. - - - - - .. - - B. - C. - D - - - - Submit certifications of compliance whenever required by the Specifications or ENGINEER. Certifications shall be complete and exact, they shall be properly authenticated by the written signature, in ink. of an owner, officer, or duly authorized representative of the person, firm. or organization issuing such certification, and they shall guarantee that the materials or equipment are in complete conformance with the requirements Of these Specifications. Submit the "Certificate of Compliance" attached hereto. or a reasonable facsimile CONSTRUCTION SCHEDULE Within ten days after the signing of the Agreement, submit for ENGINEER's and OWNER's information, a bar chart type construction schedule showing. in detail, the proposed sequence of the work and the estimated date of starting and completing each stage of the work in order to complete the Project within the contract time. Prepare the schedule in a manner so that the actual progress of the work can be recorded and compared with the expected progress. Coordinate the construction schedule with the proposed schedules of other contractors, if any, engaged in work at, or adjacent to, the project site. B Coordinate the work and make every effort to maintain the construction schedule. In the event actual progress begins to lag the schedule, promptly employ additional means or methods of construction to make up the lost time. C. Notify the ENGINEER in writing (1) 72 hours before commencing any work at the site, (2) at least 48 hours before resuming in the case of a temporary suspension of work. D. Keep the construction schedule current and revise and resubmit as often as necessary to accurately reflect the conditions of the work, past progress, and anticipated future progress. 2.4 SHOP DRAWINGS A. Submit shop drawings for all fabricated work, for all manufactured items and for all other items specifically required by the Specifications. Submit each shop and layout drawing to ENGINEER in the form of a reproducible transparency accompanied by a black and whit@ print After the submittal has been reviewed and the transparency annotated, ENGINEER will have three blueprints made and will keep these for his records ENGINEER will return transparency to the CONTRACTOR. Submit at least six (6) copies of each standard drawing, catalog cut, or other material for which no transparency is available. If a resubmission is not required, ENGINEER will retain three copies and return the remaining three (3) copies to CONTRACTOR. Subcontractors must submit shop drawings directly to CONTRACTOR for checking. Thoroughly check subcontractors' shop drawings for measurements, sizes of members, details. materials. and conformance with the Contract Documents. Submittals which are found to be inaccurate or in error will be returned. Do not submit to ENGINEER until corrections have been made TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD SUBMITTALS 01300-6 .. E. Clearly show the relation of the various parts, and. where the work depends upon field measurements, make measurements and include them on the shop drawings before submitting to ENGINEER. - F. Provide a copy of each specific specification section for each submittal, along with ad- dendum updates included, and all referenced and applicable sections, with addendum updates included, with each paragraph check-marked to indicate specification compli- ance or marked to indicate requested deviations from specification requirements. Check marks (v") shall denote full compliance with a paragraph as a whole. If deviations from the specifications are indicated and, therefore requested by the CONTRACTOR. each deviation shall be underlined and denoted by a number in the margin to the right of the identified paragraph, referenced to a detailed written explanation of the reasons for re- questing the deviation. The ENGINEER shall be the final authority for determining acceptability of requested deviations. The remaining portions of the paragraph not un- derlined will signify compliance on the part of the CONTRACTOR with the specifications. Failure to include a copy of the marked-up specification sections, along with justifica- tion(s) for any requested deviations to the specification requirements, with the submittal shall be sufficient cause for rejection of the entire submittal with no further consideration. - .... .... - - G. Reference all submissions to clearly indicate the specification section, location, service and function of each particular item. Submissions for a single item. or group of related items. shall be complete. When submitting manufacturer's catalogs, pamphlets or other data sheets, in lieu of prepared shop drawings, specifically identify in ink the items for which approval is being sought. - .. H. If the shop drawings contain any departures from the contract requirements, specifically describe them in CONTRACTOR's letter of transmittal. Where such departures require revisions to layouts or structural changes to the work as shown, CONTRACTOR shall, at his own expense, prepare and submit revised layout and structural drawings. Make drawings the same size as the Contract Drawings. - - 2.5 SAMPLES A. Where required, submit sample or test specimens of materials to be used or offered for use. Samples shall be representative, in all respects, of the material offered or intended, shall be supplied in such quantities and sizes as may be required for proper examination and tests, and shall be delivered to ENGINEER. prepaid, along with identification as to their sources and types or grades. Submit samples well in advance of anticipated use to permit the making of tests or examinations. - .. - B. Samples will be checked with reasonable promptness only for conformance \lvith the design and for compliance with the information given in the Contract Documents. C. .. The work shall be in accordance with the approved sample. The use of materials or equipment for which samples are required to be submitted for approval is not permitted until such approval has been given by ENGINEER. A. 2.6 OPERATION AND MAINTENANCE DATA - Submit complete operation and maintenance manuals for valves, hydrants. pumps. motors. all power or electrically-driven equipment. and for other items for which routine operation and maintenance will be required - - .. - - - - - - - - - - - - - - - - - - - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD SUBMITTALS 01300-7 B. Suitably bind O&M Manuals and data sheets into volumes for specific systems, structures, and the like. c. Submit three copies of the bound and indexed O&M Manual Volume to the OWNER, and one copy to the ENGINEER, prior to the 75% completion point of the work. Further, submit individual O&M Manuals and data sheets, as required. for sub-systems and portions of the work, along with other submittals and shop drawings relating thereto. D. Operation and maintenance manuals, shall include, as a minimum. installation. adjustment, operation and maintenance instructions. lubrication schedules, trouble shooting guides and the manufacturer's and service representative's name. address. and telephone number. Submit manuals in duplicate, before the equipment is delivered to the Project site. E. Complete and bind O&M Manual copies of the attached "Equipment Record Sheet" for each piece of equipment. 2.7 TEST RESULTS AND INSTALLATION A Whenever tests are required on materials and equipment, such tests shall be performed and the test results submitted to ENGINEER. Do not deliver to the project or incorporate into the work any materials or equipment of which ENGINEER has not issued a written approval or acceptance of the required tests and test results. END OF SECTION - Clark Patterson Lee 186 North Water Street -Rochester, New York 14604 Phone: (585) 454 - 7600 Fax: (585)454-7618 # Submltlal No Contraclor only Engll1eer Project Numher Contractors Numher: Projcct Name: Town of North D~ltl'\llle RecreatlOnal Park D~tte returned 1128500 -Contractor: Address: - Phone / Fax: r!ype Of Submittal I (Check one \ I ]Product Data rrlShOp Drawings I rJOther I , ~ubstitution I See General Conditions I ~roduct Identification I Specification Section No.. r. ;ontr.act Dwg. No.: )roduct Name: Part/Paragraph: jetail Reference: l1anufacturer: DATE OF SUBMITTAL: DColor Selection DSample DO&M Manual D Record Document RESUBMITTED: Number of Attache(j DYES DNO Contractor Approval Identify that this submittal has been reviewed and ap- proved by the Contractor in accordance with the General Conditions By: Date: Deviation from Contract Documents: - - I Contractor Comments - FOR l.q: HI' CPA SHOP DRA WING Enqineer's Comments: DNo Exception Taken DRevise & Resubmit DFurnish as Corrected DRejected CI)fTt'l:!Jun, ')1 OJTT1Tllt'Or:-; m.'1tk un IOC ,hop dr<'lwillg" dunng IhJ..- Tl")C'X do nol rdl{,\t' The (',.nlr;KI('T frpm c~)mrliarK.t.' "-lIh lho:.' H'~Julr('n)t'r;! of the drawl[l~s and speciflC<Hiom rhis check is nnl:, lor [('\in\ td ~'l'nt'r;Jl C(1olnrlll:mn' Wl!lltIJt' d\.'\I.~lIl.(\lJn'f'( ('if !Ill,.' rn'!t'C( ,11H! .!..'l'[ll'r:ll Cl~lllrll;IJl, (' ,". nIl !lft' lllf{)flll:itJOIl ~1\Cn lhc contract dOCUIlk'1l1\ lilt' C()nIJ3Cl~lr l~ respoll.\lble for: cOllfn mJn.~ alld cL1rre]atiJl~ oil quanlJlle<; and diml'IlSioll\,: SCJectifl~ fabrlC3tH.lrl processes and {cchlllqut's nf ReceiYed Stamp CO!lStrUC!lon: coorJjnatill~ his work with that nf all other trades: and p('rf(lrrl1l11~ his work in safe Sa(ISf;lctory mann('! Clark Patterson Lee Date: By: - - - - - - - - - - - - - B. - 1.3 ... A. - - - - - - - - - - A. A. TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD FINAL INSPECTION 01420-1 PART 1 - GENERAL 1.1 DESCRIPTION Work covered by this section includes the requirements for meeting satisfactory conditions for final inspection of 'the work. B. Related work specified elsewhere includes the requirements of the entire Contract Documents, all conditions of which shall be met prior to final inspection of the work. 1.2 QUALITY ASSURANCE The CONTRACTOR shall turn the work over to the OWNER in good operating condition. Make such adjustments in the work, additional tests, and all else as may be necessary, in the opinion of the ENGINEER, in order that all parts of the project covered by such contract will operate together properly in accordance with the intent of the Contract Documents. Upon completion of the work and just prior to final inspection, remove from the premises all plant, machinery, equipment, surplus rock, lumber, forms, debris, and all other materials. The entire job site and the work shall be in a clean and finished state. FINAL INSPECTION Upon receipt of written notice from the CONTRACTOR that the work under the contract is complete and all tests and adjustments in the work made, the ENGINEER will make a final inspection and will notify the CONTRACTOR of all instances in which the work fails to comply with the Drawings and Specifications as well as any defects which he may discover. The CONTRACTOR shall thereupon immediately rebuild, alter. or restore the work so that it will comply with the Drawings and Specifications and remedy all defects at his own cost and expense and to the satisfaction of the ENGINEER. B. Furnish all labor, equipment, and materials required by the ENGINEER to perform the various types of inspections, including communication equipment, vehicles, power winches, and all else required and as approved by the ENGINEER. C All machinery, equipment, controls, systems, and sub-systems shall be in proper, clean. and adjusted operating conditions. D. Upon satisfactory completion of all alterations, repairs, or other work as directed by the ENGINEER. the Final Certificate will be issued. 1.4 PROJECT RECORD DOCUMENTS A. Maintain on-site, one separate set of the following record documents with actual revisions to the work recorded: 1. Contract drawings. 2 Specifications. 3 Addenda. 4. Change orders and other modifications to the contract. 5. Reviewed shop drawings, product data, and samples. 6. Survey field books. TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD FINAL INSPECTION 01420-2 - - B. Record changes concurrent with construction progress in red on record copy of Contract Documents. C. Specifications: legibly mark and record at each product section description of actual products installed, including the following: 1. Product substitutions or alternates utilized. 2. Changes made by addenda and modifications. ,- ..... D Record documents and shop drawings legibly mark each item to record actual construction including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances referenced to permanent surface improvements. 2. Field changes of dimension and detail. 3. Details not on original Contract Drawings. 4. Submit documents to ENGINEER with claim for final Application for Payment. '. - ... END OF SECTION - - .... ... .. ... - ... - - .. .. .. - .. .. - - - .. - .. .. .. .. - .. G. - H. - - - TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD PROTECTION OF EXISTING UTILITIES AND 11412.07 ADJACENT STRUCTURES 01530-1 PART 1 - GENERAL 1.1 GENERAL A Various underground and surface structures are shown .on the Contract Drawings including water and gas pipes, sewers, electrical cables and conduits, drains, culverts, and miscellaneous structures. These structures are plotted on the Drawings from the best information available, but the locations and dimensions where shown do not purport to be absolutely correct, and the information given shall not be construed as representation that such structures will be found or encountered as plotted. Other structures or pipelines may also be encountered which are not shown on the Drawings. B. The CONTRACTOR shall be entirely responsible for all injuries to water pipes, electric conduits. or cables, drains, sewers, gas mains, poles. telephone and electrical lines, streets, pavements, sidewalks, curbs and gutters, fences, culverts. building foundations, retaining walls or other structures of any kind met with during the progress of the work and shall be liable for damages to public or private property resulting therefrom. C. The cost of protection, replacement in their original positions and conditions or payment of damages for injuries thereto of pipelines and structures called for on the Drawings or specified shall be deemed included in the bid price, if no specific item is provided therefor, as part of the overhead cost of the work, and no additional payment will be made therefor. If the CONTRACTOR, through negligence, disturbs or injures existing gas, water, electric, or telephone facilities not required for the performance of the work, the facilities will be repaired by the utility companies at the sole expense of the CONTRACTOR. For relocation of any existing utility to facilitate construction, the CONTRACTOR will make his own arrangements with the utility companies, D. The CONTRACTOR shall, at all times in performance of the work, employ approved methods and exercise reasonable care and skill so as to avoid unnecessary delay, injury. damage, or destruction of utility installations and structures; and shall, at all times in the performance of the work, avoid unnecessary interference with or interruption of utility services and shall cooperate fully with the Owners thereof to that end. E. Service to fire hydrants shall not be disturbed at any time without permission of the chief of the fire department of the area. F. All costs for protection and maintenance of the services and utilities shall be included by the appropriate CONTRACTOR in the Contract Sum and no separate payment will be made therefor. Wherever the structures to be built under this Contract pass under or near other structures, the CONTRACTOR shall exercise the utmost care to protect such structures from damage. The CONTRACTOR shall be liable for all damages to any of the existing structures and shall save and keep the OWNER and the ENGINEER harmless from any liability or expense for injuries, damages. or repairs to these structures. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD PROTECTION OF EXISTING UTILITIES AND 11412.07 ADJACENT STRUCTURES 01530-2 .. .. I. Existing utilities damaged dming construction through negligence on the part of the CONTRACTOR shall be repaired by personnel of the utility companies involved at the expense of the CONTRACTOR. .. 1.2 ADJACENT STRUCTURES .. A. The CONTRACTOR's attention is directed to the information shown on the Contract Drawings regarding the existing facilities and structures adjacent to the site .. B. One week's notice shall be given by the CONTRACTOR to all Village. Town, District, or County Departments, public service corporations and property owners whose pipes, poles, tracks, wires, or conduits or other structures may be affected by the work that they may protect, adjust, remove, or rebuild them or take such measures as they may desire to minimize inconvenience. .. C. The CONTRACTOR shall maintain in service all water, gas, electric and sewer main connections and shall provide temporary service where necessary. - D. .. Any fence or part thereof that is damaged or removed during the course of the work shall be replaced or repaired by the CONTRACTOR and shall be left in a satisfactory condition as before the starting of the work. The manner in which the fence is repaired or replaced and the materials used in such work shall be subject to the approval of the ENGINEER. The cost of all labor. materials, equipment. and work for the replacement and repair of any fences shall be included in the contract price or if no specific item is provided therefor, as part of the overhead cost of the work, and no additional payment will be made therefor. .. .. E. The CONTRACTOR shall temporarily cover all catch basins when working in the vicinity to prevent excavated material and debris from falling into the catch basins. Temporary covers shall be removed during times of precipitation in order to maintain storm runoff. Any damaged laterals shall be replaced immediately so runoff conditions are not interrupted. - .. END OF SECTION .. .. .. .. .. .. - - - 1M - - - - - - D. - E. - - A. - - - - - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD SECURITY AND PROTECTION 01540-1 PART 1 - GENERAL 1.1 PROTECTION OF WORK AND PROPERTY A. The CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. He shall take all necessary precautions for the safety of. and shall provide the necessary protection to prevent damage. injury or loss to all employees on the work who may be affected thereby. all the work and all the materials or equipment to be incorporated therein, whether in storage on or off the site. and other property at the site or adjacent thereto, including trees. shrubs, lawns. walks. pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Until such time as the work is completed and accepted by the OWNER. CONTRACTOR shall assume all liability for damage to, or loss or destruction of the work or such materials. or equipment, and CONTRACTOR shall, at its expense. repair or replace to the OWNER's satisfaction, all damage to, or loss or destruction of, the work or such materials or equipment which results from any cause whatsoever. C. The CONTRACTOR shall at all times consult with and obtain approval of the OWNER or his representative for the storage of material, operation of equipment, placing of temporary structures or dispositions of any surplus or waste materials upon property of the OWNER anywhere outside the limits of construction. Neither the materials excavated nor the materials or plants used in the construction of the work shall be so placed as to prevent free access to all fire hydrants. valves, or manholes. The CONTRACTOR shall so conduct the work that no equipment, material, or debris will be placed or allowed to fall upon private property in the vicinity of the work unless he shall have obtained the OWNER's written consent thereto and shall have shown his written consent to the ENGINEER. 1.2 PROTECTION OF GENERAL PUBLIC The CONTRACTOR shall at all times conduct and work in such a manner as to cause the least inconvenience and greatest protection to the general public. The CONTRACTOR shall furnish and maintain barricades, warning signs. red flags. lights, and temporary passageways as may be necessary to protect the work and to safeguard the public. The cost of furnishing and maintaining the above facilities shall be incidental to the contract and no extra compensation for it will be allowed. B. Throughout the performance of the work or in connection with this contract, the CONTRACTOR shall construct and adequately maintain suitable and safe crossings over trenches and such detours as are necessary to care for public and private traffic. The material excavated from trenches shall be compactly deposited along the sides of the trench or elsewhere in such a manner as shall give as little inconvenience as possible to the traveling public, to adjoining property owners. to other Contractors. or to the OWNER. C. The CONTRACTOR shall at all times so conduct the work that the abutters shall have reasonable access to their property. - - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD SECURITY AND PROTECTION 01540-2 .. 1.3 EMERGENCIES - A. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization, from the ENGINEER or OWNER, shall act to prevent threatened damage, injury. or loss. ... 1.4 APPLICABLE LAWS AND REGULATIONS .. A. The CONTRACTOR shall comply with all applicable laws, ordinances, rules. regulations, and orders of any public body having jurisdiction. He shall erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. He shall notify owners of adjacent utilities when prosecution of the work may affect them. The CONTRACTOR shall remedy at his expense, all damage, injury, or loss to any property or person caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any subcontractor, or anyone for whose acts any of them may be liable, except damage or loss attributable to the fault of the Contract Documents or to the act or omissions of the OWNER or the ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR. - - - - B. The CONTRACTOR shall observe all rules and regulations of the health department having jurisdiction and shall take precautions to avoid creating unsanitary conditions. - END OF SECTION ... ... ... .. ... .. .. .. - .. - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD BORROW PITS, DUMPS, AND STORAGE 01700-1 - PART 1 - GENERAL 1.1 DESCRIPTION - A. Locations for borrow pits or dumping ground shall be secured and paid for by the CONTRACTOR. Rubbish and debris shall be disposed of by the CONTRACTOR. - B. The CONTRACTOR may use such portions of the site as the ENGINEER or OWNER designates for storage yards, shops, and other necessary facilities. Upon completion of his work, the CONTRACTOR must clean up and restore the site to the OWNER's satisfaction. If additional area is required than is available at the site. the CONTRACTOR must secure such area as he requires for his work at his own expense. - - C. At completion of the job, the CONTRACTOR shall remove from the site all surplus, waste, and temporary material and equipment and leave the premises ready for the OWNER to use without further cleaning. - END OF SECTION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD CLEANING UP 01710-1 PART 1 - GENERAL 1.1 DESCRIPTION A. This section contains the general requirements for maintaining the site and the work in a neat, clean condition at all times. 1.2 CLEANING UP A. At all times, maintain the premises and the site free from accumulations of waste materials and rubbish and litter caused by the CONTRACTOR's employees or work, or the employees or work of any of the subcontractors. B. On or before completion of the work, thoroughly clean all pits, pipes, manholes, channels, tanks, chambers, conduits, and all other items of work and the premises entered upon, and dismantle and remove all temporary structures, tools, scaffolding. surplus materials, supplies, equipment, and rubbish. C. Should the CONTRACTOR fail to comply with the requirements of this paragraph within 24 hours after written notice from the ENGINEER, then the OWNER may perform whatever work is necessary by whatever means he may deem expedient and all expenses incurred by OWNER will be charged to and paid for by CONTRACTOR. D. Keep buildings, structures, and other enclosed areas free from unattended combustible material and leave the work "broom clean". E. All connections to public highways shall be kept clean of earth material or granular material daily. END OF SECTION - - - - - - - - - - - - - - - - - - - TOWN OF WAPPINGER lL4J207 ROBINSON LANE BASEBALL FIELD SITE PREPARATION 02100-1 SECTION 02100 - SITE PREPARATION PART 1 - GENERAL 1.1 RELA TED DOCUMENTS i\. Drawings and general provisions of the Contract including General and Supplementary Condi- tions and Division I Specification Sections. apply to work of this section. 1.2 Sl'Mi\IARY /\. This section specifies the basic requirements for Site Preparation and includes. hut is not limited to the follcwving I. Review of Existing Conditions 2. Lavout of Work \. Property and Utility Protection 4. Traffic Maintenance and Protection 1.3 Q1JALlTY ASS1JRANCE Comply with all applicable local, state and federal requirements regarding materials. methods of work. and disposal of excess and waste materials. B. The Contractor is required to obtain and pay for all required permits and fees. A. 1.4 PROJECT CONDITIONS A. A copy of the Illost recent. available survey of the project site is included IT1 the Contract Draw- ings for informational purposes only. Existing geotechnical information is included in this Contract Document. B. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1 SUBS1JRFACE SOIL CONDITIONS A. The Contractor may for his infomlation, visit the site during the bidding period for the purpose of excavating test holes. If test holes are to be excavated by the Contractor. he shall seek approval from the Owner's Representati ve prior to movi ng onto the site with any equi pOlen!. The Contrac- tor shallu,e his own judgement in interpreting all such subsurface data obtained and acknowledg- es that he is not relying on this data as accurately describing the subsurface conditions that Illay be found during site improvement operations on the site. No responsibility is assumed by the Owner or Owner's Representative for subsoil quality or con- ditions. Claims for extra compensation. inability to perform work in accordance with the Contract Documents. or for an extension of time will not be considered due to the type or quality of subsoil unless written explanation and request for such consideration is suhmitted to, and written approv- al is received from the Owner's Representative. The Owner's Representative may elect an alter- native method of accomplishing the desired result in the event that adverse subsurface conditions ~lrl se. B. 3.2 LA YOFf OF WORK .:\ Vi'-It and c~lretu]]v examine the site to become familiar with all existing conditions and to Jeter- minc the n~1turl' and extent of \\ork required under this and other sections of the specificatic\ns RORlNSON L\NE B/\SEBALL FJELD SITE PREPA1~ATION 02]00-2 TOWN OF WAPPINGER 11412.()7 .. B. Locate. protect. and maintain benchmarks. monuments. control points and project engineering reference points. Re-establish disturbed or destroyed items ~lt Contractor's expcnsc. Lines and Levels: Perform all layout work on the basis of benchmarks. and other monuments. in accordance with the lines. levels. elevations. and dimensions as indicated on the contract draw- ings. Spot grades where shown on the contr~lCt drawings. indicate precise grades to which the Contractor mu st adhere: contours are representati ve 0 f the intent onl y of till' proposed fi ni shed grade. .. .. c. .. D. Employ an independent professiunal engineer and/or licL'nsl'd sUJ"\eyur tu perfurm all required layout and other fieldwurk. Complete al1 rough LlYOUt work prior to the stripping of the topsoil. in order to verify the accur~1l'Y of tupugraphic cll1d pruperty 11IW inh)rmclt]On at building corners and all other areas to receive construction or site improvement l'lements. Discrepancies: Report immediately. and cOllfirm in writing to the Owner's Representative any discrepancies found on the site between actual grades and ~Ictual locatiuns of physical clements with those grades and clements as Indicated on the contr,lct drawings. Monuments: Maintain and protect existing established benchmarks. monuments. batter boards. and other reference points required for the project. Protect all reference points against movement. injury. and displacement and replace those that become disturbed as the result of any operations of this contract. .. - E. - F. .. G. Accuracy: The Contractor sh,i11 bl' responsibk for all d~llllages zlIld expenses incurred due to the inaccuracy of his layout. He shall make any required changes in his work that are the result of such eITors in layout. .. 3.3 PROTECTION AND COORDINATION A. Persons and Propel1y ]. Obtain governing authoritis written penniSSlOl1. when required. to close or obstruct streets. walks and adjacent facilities. Provide alternate routes around closed or obstructed traffic ways when required by governing authorities Barricades: Properly protect persons and property at all times against harm ()r damage of any kind during site construction and site improvement operZltions. Provide substantial banicades around all openings as soon as they are uncovered. to block access and afford protection to workmen and the public. Signals: Provide lanterns or other signalization. as may be required by IZlW or directed by the Owner's Representative. in the vicinity of any open excavations or unsafe areas. and be cel1ain that such devices are operahle at all ti mes during hours of darkness. or when the work area is left unattended. Maintain all barricades and ~ignals fur the duratiun ()f the contract. .. .. ., .. 3. .. 4. B. Utilities .. ] . Call underground utility locating service prior to commencing any excavation. Notify all utility companies. municipal engineer's office. and/or the respective water. sewer. gas. electric departments. and telecommunications. prior to the commencement of any opera- tions on the site. Locate and identify existing underground ~lIld overhead services ~lnd utilities within contract limit work areas. Provide adequate means of protection of utilities and services that are not designated for removal. Repair uti 1 ities damaged duri ng site work operations at Contractor's expense. Preserve Active Lines: Presene in operating condition. all active utilities indicated on the contract dravii ngs to remai n. Thi s applies to ~ll 1 uti I ities that traverse t he project site. or exist in the immediate vicinity of the site. including. but nut limited to maim. manholes. catch basins. vaIn' boxes. poles. guys and appllrtL'n~lIlCes. Damage to allY utility ]1IlL' or rL'lz!led appurtellalKL' resultillg frum \\()lk under this l'ontracl sh~dl be rL'palrl'Ci or rl'l'laced - .. - 2. - .. - .. .. - .. .. s. .. 6. .. - .. - .. 3.5 A. .. B .. C. - - - - - TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 1141212L~~n____ ___~__~SJ.TE PREPARATION 0]100-1 3. by the Contractor to the satisfaction ()f the Owner's Representative. Owner, utility com- pany ~lJld/or loel! authority All COqS associated with this repair shall be paid by the Con- tractor at no <1dditional cost to the Owner. Arr<1nge for disconnection. disconnect ~lJ1d seal or cap all utilities and services designated to he removed before start of site work operations. Perform all work in accordance with the requirements of the applicable utility compan)! or agency involved. The Contractor sh<1l1 pay <111 costs for <11] utility reLlted work including coordination with and charges from the utility company for work they milY require in order to ilccomplish the work shown ()r Implied. jiamaged Utility Lines If active uti)lty lines are broken or damaged during ilny site im- prove l11ents uperations. take all necessary steps i l1lmedi ate I y. to ilvoi d endilngeri ng per- sons or pn'pnty. and notify the Owner's Representative <1nd the affected utility company ~llld Illllniclp~ll engineer's office to obtain a decision regarding this treatment and/or assis- tance in the rC[l~lir of the damaged line Should uncharted or incorrectly charted underground piping or other utilities and services he encountLTl'd during site work operations. notify the applicable utility company imme- diate]y to oht<1in utility compilny in maintaining active services in operation. The Con- tractor shall bear the cost of any and all repilir work. W<ltcr Damctge: In the event that water. storm sewer. sanitary or other utility lines are broken. or that springs. ground water. or other sources of water are encountered take illl necessary steps immediately to divert wilter away from construction. site improvement operations and storage <lre~lS to prevent erosion. undermining or other damage. If perIna- nent correcti ve measures other than those indicated on the contract drawings become necessilry. request a written decision from the Owner's Representative. 4 3.4 A,DJACENT PROPEHTIES A. Protection Protect ~ll] <ldjaccnt prope11ies and structures and use every means possible to prevent erosion. flooding. undermining excessive excaviltion. dust. or other damilge during any site work operations Repair <1]1 clamage In a manner specified hy. and to the satisfaction of. the Owner's Representative. The ('ontractor shctll pay the cost of any repairs necessary ilt no additional cost to the Ownn MAINTAIN TRAFFIC Signals: Maintilin traffic on all adjacent public streets and drives at all times ilnd install and main- tain barricades. signs. flags, ilIld lights as required by law. or directed by local officials or by the Owner's Representative. Traffic: C()ntr~lctor shall obtain \vritten approval from the Owner when required to close or ob- struct schotlllraffic Clnd parking !J1.()vide altl'lnate routes around clused or obstruckd ilreas as re- quired. Contractor sh~lIl obtain written approv<I] and pay for all permits from the governing high- way authtlrity for work required in the public right~of-w(lY. Protect and maintain streetlights. utility poles and services. traffic signa] control hoxes, curb box- es. valves and other services. except items designated for removal. Remove or coordinate the re- moval of tr~lffic signs. parking meters. posta] mailboxes. ete. with the appJiclhle governmentill agency. Provide for ll'mporilry rel()cation tu maintain facilities and services in operiltiol1 during construction work. D. Relocation of Signs \Vithin the public right-of-WilY - Signs designated to be relocated shall be removed dnd relocatL'd in conformance with the requirements of N'{SDOT Section 647 latest edi- tiol1. Carl' sldl be t;li.;en in remuving sign panels to pre\Cnt damage. Any ddlllage shall be re- paired or rL'placed t() thl' satisfaction uf the (hvller's RepresentatiVl' dt the C( ,ntractor's expense. Existing signs ,ha]II'e mounted (lll new posts dt the location showll on the dld\\in}2 ur as other- TOWN OF WAPPINGER ] 1412.07 ROBINSON LANE BASEBALL FIELD SITE PREPARATION 02100-4 .. wIse directed by the Owner's Representative. Mounting of signs shall be in conformance with NYSDOT Section 645-3. .. 3.6 REMOV AL OF DEBRIS .. A. Perfoi'm site work operations and the removal of debris and waste materials to assure minimum interference with streets. walks. and other adjacent facilities B. c 3.7 D. Upon completion of each stage of site work. clean areas within work limits and remove tools and equipment Maintain the site clear. clean and frl'l' of Illatl'l'ials and debris and suitable for site work operations. Stockpile. haul from site. ,md legally dispose of W<lste Illz1tl'l'i;t1s and debris. Accumulation of de- bris on-site is not permitted. Maintain disposal routes clear. clean and free of debris. .. - .. E. On-site burning of combustible cleared materials is not permitted SALVAGED MA TERIALS .. A. Remove, store. protect and reinstall all items indicated to be relocated. B. Remove and turn over to the owner all items indicated to be salvaged. Items shall be placed by the Contractor in a location designated by the Owner's Reprcsl'ntativc. Matelials, items and equipment not scheduled for reinstallation or salvaged for the owner's use are the property of the Contractor. Remove cleared materials from the site as the worK progresses. .. .. c. END OF SECTION e)2J 00 .. .. - .. .. - - - .. .. - TOWN OF WAPPINGER ] I4J).0]__H_________ - - 1.1 A. .. ROBINSON LANE BASEBALL FIELD SITE CLEARING 02230- ] SECTION 02230 - SITE CLEARING PART] - CJENERAL RELA TED DOC:UMENTS Drzl\vings and geneI'd] provisium of Contract. including General dlllJ Supplementary Conditions and Division I Specification Sel.tions. apph to wl1rk of this section. - 1.2 DESCRIPTION OF \VORK A. ... - - 1.3 ;\. - .. B. - c. .. - D. - 1.4 - A. "" 1.5 A. - 13. - - Extent of site clearing and grubbing \vork includes. but is not limited to the following: I. Remove ~i11 trees. pl~lnts. undergru\vth. shrubs. brush. other vegetation and debris within limits indicated on the Contract Drzl\vings. Protect nisting trees and plzll1ts scheduled to remain. Remove all fence. sidewalk. curhing. asphalt pavement. concrete pavement. utility struc' tures. pipes. conduits. site lighting. site amenities. and other items as indicated on the Contract Drawings. Properly di spose off',s i te all removed materi a I s not cksignated for IT-use or re location. I ~. 4. QUALITY ASSURANCE Confine clearing ~lJ1d grubbing uperations to within the following 11I11ltS: ]. All areas where work is required to be done. but. to the minimum extent possible to properly iIlStall the wurk. Within tIll' )!rading hmits \vhen shown on the Drawings No trees. plants. shrubs. tlowers. or vegetation shall be removed or trimmed without the prior permission of Owner's Representative. except where otherwise specified or directed. Provi de at least UIll' person who shall be present at al1 ti mes duri ng site c leari ng and gru hbi ng operations who shall be thoroughly familiar with the following: l. The types of trees and plantings encountered. 2. The proper procedures and methods for taking up and preserving trees and pJantings. 3. The proper procedures and methods for felling. trimming. pruning. and caring for trees and plants and their roots. Such person(s). firm(s). or subcontractor!s) must be totally familiZlr with this type of work. must be regularly engaged in similar work and shall be responsible for directing all \vork affecting trees. plzlntings. ,1Ild \egctzlti\lll SUBMITTALS Contractor's schedule indicating dates upon which Contractor and Owner's Representative wi]] traverse the site to allow Contractor to indicate the trees and pJantings which he has determined to be necessary to remove and to obtain Owner's Representative's approval. DELIVERY, STORAGE, AND HANDLING Store trees. plants. and shrubs Il1 protected areas and give ample wZlter to keep them in a thriving condition for suhsequent replanting. Store fenCing. sign~lge. granite curbing. ~lfld other items designated for re-L1sc and / ell' re- inst:tll:ni,1nl1e:l1l\ :il ;I!c'l'ation ;Ipprovcd hy the Owner's Represent~ltjve. TOWN OF WAPPINGER 11412.07 ------ ROBINSON LANE BASEBALL FIELD 02230-2 - __._~_SJTE CLEARING c. Obstruction of roads. driveways, sidewalks. gutters. and drainage ditches. swales. and channels with stored materials is not permitted. - 1.6 JOB CONDITIONS A. Burning cir burial of materials at the site is not permitted. - B. Utility Locator Service: Notify utility locator service for area where Project is located before site clearing. Do not begin clearing activities until the site utilities have been appropriately identified ~ll1d marked. - c The locations of trees. plantings. vegetation. sidewalks. curbs. fences. existing utilities and other living and non.living items. as shO\vn on the Drawings. have been determined by actual surveys at the time surveys were made. Since that time. additional items may have been built. some items may have been removed. and the condition of things may have changed. Carefully examine the site plioI' to bidding and become fully acquainted with the existing conditions as the contract price i nc ludcs the cost for removi ng and replaci ng all obstac Ies and obstructi ons. as required. whether shown on the Drawings or not. - - - D. Use all means necessary to protect existing objects designated to remain and. in the event of damage. immediately make all necessary repairs and replacements. - 1.7 SCHEDlJLING A. Contractor shall conduct a conference at the Project site with the Ovmer's Representative to discuss specific areas to be cleared and areas to be protected. - B Avoid interference with the use of. and passage to and from. adjacent properties. buildings. facilities. driveways. walks. drainage systems. and roads. - c Pavements which are required to be removed. including highways. driveways and walks. may be saw cut in advance. but do not remove until the work is ready to be installed. - D Do not remove signs. guide rails. and all other control. safety and warning devices until just prior to the installation of the work. .. F Do not remove fences until the property owners affected are notified in writing at least four days in advance of such removal. Unless written permission from a fence owner is received. do not remove a fence more than 48 hours in advance of the installation of the work affecting the fence. .. F. It is the intent of this section that all items affecting traffic. safety. lives. and the containment of humans and animals and all items essential to the protection of propel1y or the operation of a busi ness be left in place as long as possible and replaced as soon as possible when such items must be removed. .. .. G. The Contractor shall take precautions to protect from harm the work of other Contractors on-site. existing facilities and adjacent properties. The Contractor shall be responsible for all damage or injury done to pipes. structures. pavement. property or person as a result of excavations required to complete the work. The Contractor shall at his own expense repair any sllch damage to the satisfaction of the propeny owner. public agency having jurisdiction and/or Owner's Represemative. - ... ... .. .. TOWN OF WAPPINGER 11412.07 .. A. - ROBINSON LANE BASEBALL FJELD S ITE CLE,-~EJNG_~m____~M~ ... __----..i222JO-.J PART 2 - PRODUCTS 2.1 PRUNING PAINT Asphalt base paint specially fomiulated for horticultural application to cut or damaged plant tissue. .. 2.2 EXPLOSIVES .. - - - c. - 3.2 - A. B. .. .. 3.3 A. .. B. - - c. .. - - - A. Explosives are not permitted for tree removal ur other surbce clearing operations PART 3 - EXFCL!TION 3.1 INSPECTIONS A. Verify that all limiting boundaries sllch as permanent and temporary casements. property lines. rights-of-way and grading limits have been accurately loc,lted and clearly marked. B. Verify that pipeline routings and other items of work have been accurately located and clearly marked. Visit and carefully examjne the site to become famj]iar with all existing conditions and to determine the nature and extent of work requirl'dunder this <lncl other sections of the specifications. PREPARA TION Mark all trees. plantings. and other objects that lire deemed necessary to be removed. trimmed. cut or taken up and preserved prior to any clearing activ]ties. Accompany Owner's Representative through the site to inspect the items marked under Paragraph A. above. DesClibe which are to be trimmed. removed. and replanted and secure Owner's Representative's approval. SITE CLEARING AND GRUBBING Clearing consists of clllting and disposing of all trees. down timber. stubs. brush. bushes. snags. vegetation. rubbish. debris. and other objectionable matter and materials and the removal and storage of fences. signs. walks. guide rails. curb~. and other items to be restored. The Contractor shall schedule and conduct his uperations to minimize erosion of suds and to prevent silting and muddying of streams. rivers. wetlands. impoundments and land adjacent to or affected by the work. Erosion control measure~ shall be implemented rind the Zlre,1 of ~oil expo~ecl by construction at anyone time should be kept to a minimum. Final restoration should be carried out as soon as possible following completion of construction. Grubbing consists of the removal and disposal of all stumps. roots. duff. grass. turf. sod. clebri~. vegetation. foundations. buried structures and pipes. as well as other objectionable matter and materials. D. All operations shall be done in a manner so that present growth will blend with the limits of construction and a natural appearance will be attained. TOVlN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 1 1412.Ql~_____u_n___n___~____________~ SI]}:_c:;tJ::ARJIL(~__________ 02230- 4 .. E. Use hand method for grubbing inside the drip line of trees to remain. Strip grass materials to a maximum depth of ] -inch. Remove stumps and roots to their full depth within S-feet of underground structures. utility lines. footings and paved areas. Remove stumps and roots to a cle,u. depth of S-feet below subgrade in other locations. - 3.4 TREES AND PLANTINGS - ;\ In gri1ssed. planted. and open areas. do not remove or trim trees or plantings without the prior permission of O\vner's Representative. Take-up and preserve small trees. plantings. flowers. and similar veget:ltion for reuse. - B In wnoded ,lIe,1S. trees lllay he removed ,md/or trimmed. as required. for the proper installation of the work. Gross and lInnecess<lry rellloval nf trees is not permitted. - c If it is impractical to fell trees <lS a whole. remove them in sections according to standard practices nf prnfessillnal tree removal. Fall trees to the center of the area being cleared to minimize damage tll trees that ,ne to be left standi ng. ... D. Immediately after felling a tree. remove branches. cut trllnk and limbs. and remove all materials from the site. - E. All trees to remain sh,1I1 not come ill conLlCt with ,my machine or appliance that will in any manner injure. sear. or kill them. ... F. Allmerchantablc timber and wood that is removed shall become the propeJ1y of the Contractor. .. G. All trees left standing that have been trimmed or become scarred by Contractor's operations shall be prompt Iy repai recl by properl y cutting. smoothi ng. and pai nti ng. - H. Trees to be trimmed shall be evenly Cllt to achieve neat severance with the least possible damage to the trees. .. J. Where roots arc cut or damageu. apply wet burlap to prevent drying out. 3.5 PA VEMENTS, \V ALKS, AND CURBS .. A. Remove existing pavements. walks. and curbs to the limits shown on the Drawings. or if not shown. to the minimum extent possihle. .. B Saw cut ,lsphalt and concrete paved surfaces before rell1nval. Use a saw that will cut a neat. straight joint line. .. C. Carefully remove curbing designated for re-use ancl store appropriately. 3.6 .. FENCES AND OTHER OBSTRUCTIONS A. Remove and dispose of all other obstl1lctions which wi IJ affect the work or which are specifically designated to be removed. All fences. signs. and other obstructions encountered shall be carefully tJken-up and stored for subsequent repbcenlL'Jlt ... B. Do not disturb property markers unless absolutely neccss,lry. If it becomes necessary to disturb or remove a property marker. have a licensecllancl surveyur proviele four (4) ties to the marker. The licemedland SlJJvcvm shall replace the m,lrker as suun as pllssible. - .. .. ROBINSON LANE BASEBALL FIELD SITE CLEARING 02230- 5 ... TOWN OF WAPPINGER ] 1412.07 - 3.7 DISPOSAL ... ... - ... ... B. ... C. D. ... ... E. ... ... ... - ... ... ... - - A. Burning or burial of materials at the site is not permitted. B All materials shall be promptly removcd and disposed of away from the site. C. Methods of disposal shaJ] conform to the requirements of all Federal. State. and Local laws and ordinances. D. Leave site in a neat and orderly condition. 3.8 PROTECTION A. Carefully protect and guard all trees. shrubs. and vegetation to remain. Protect designated trees with temporary wood snow fence enclosure. Provide Zl minimum 8-foot radius from center of tree trunk. Increase enclosure size as directed for larger trees. MaintZlin fencing during full construction period. Remove tcmporary fencing when no longer needed or when acceptable to the Owner's Representative. Take every precaution to avoid damage to utilities. buildings. and other property. Injured or damaged trees shall be repaired as acceptable to the Owner's Representative. AJ] trees, shrubs, or plantings that are taken-up for subsequent rcuse. and die. shall be replaced with a balled and burlapped. nursery-grown plant of the same species and caliber at the expense of the Contractor. Contractor shall bear the cost of repair and replacement of trees scheduled to remain that are damaged or removed by construction operations. END OF SECTION 02230 - - - - - - - - 1.3 - A B. - - C. .. D. - - TOWN OF \VAPPINGER ] ]412.07 -------.... .__._~~.- ROBINSON LANE BASEBALL FIELD EROSION CONTROL 02270-] SECTION 02270 - EROSION CONTROL PART] - GENERAL 1.1 RELA TED DOCUMENTS i\. Drawings and general provisions of the Contract.. including General and Supplementary Conditions and Division I Specification sections. apply to \\ork of this section. B S\VPPP (Storm Water Pollution Prevention Plan). 1.2 \VORK OF THIS SECTION A. \\'urk covered in this section includes the control of erosion. siltation. and sedimentation pursuant to Section 402 of the Clean Water Act. The Contractor shall familiarize himself with the rcquiremcnts set forth within the SWPPP. All costs associated with the temporary or permanent erosi on control measurcs shall be i nc luded in the Contractor's bid. B. The contractor and subcontractors must agree to implement all applicable provisions of the SWPPP and are required to sign the plans prior to commencement of any construction activity. Any permit noncompliance constitutes a violation of the Clean Water Act and the Environmental Conservation Law and is grounds for an enforcement action. QUALITY ASSURANCE Contractor shall comply with the SWPPP and Erosion Control Plans prepared for the site. All workers responsible for site work activities shall be familiar with these Plans. Contractor shall designate one individual responsible for implementing and maintaining site-wide erosion and sediment control measures who shall be thoroughly familiar with the types of materials being installed and the best methods for their instaIJation. This individual shall conduct dai I y inspections of erosi on and sedi ment control measures. Clear only what is required for immediate construction activities. Disturbed areas of the site that will not be re-disturbed for 21 days or more must be stabilized by the 14th day following the last disturbance. E. Upstream storm water runoff should be diverted away from disturbed areas. Contractor shall provide and maintain temporary erosion and sediment control measures. such as berms. dikes. slope drains. silt stops. and sedimentation basins. until permanent drainage facilities and erosion control features have been completed and are operative. The limits of cleared areas shall he physically delineated to protect areas designated as undisturbed. F. Take every reasonable precaution and do \vhatever is necessary to avoid erosion and to prevent silting of rivers. streams. impoundments. and drainage ditches. swales. or any off-site water body. G. Continue erosion control measures until the permanent measures have been sufficiently est~lb]ishcd and arc capable of controlling erosion on their own. - - PART 2 - PRODUCTS A 2.1 1\lULCHING - - - Hay and stra\\ mulches shall be air-dried mowings (<150; moisture contentl of acceptable ht'lbaceOlis growth reasonabl~i free from SWZlll1P grass. weeds. twigs. debris. and other deleterious Illaterial. zlIld tree from rot. mold. primzlry no\ious weed seeds. and rough or woc1dy materiaL;. EOBJNSON l.ANE B,\SEB;\LL FJELD EROSION CONTROL 02270-2 TOWN OF WAPPINGER 11412.07 IllIlI Mulches containing mature seed of species which wuuld volunteer and he detrimental to the permanent seeding. or would result in overseeding. ur would produce growth which is aesthetically unpleasing.. are not permitted Materials Illay he baled. hClwever. loose or broken bales are not acceptable. B. Temporary Type l\1ulch Nets: Lightweight. extruded phutodegradable netting. with approximate openings of I ]/2" x 3~". with manufacturer recommended S1;lPlcs or anchoring methud. IllIlI - Wood fiber mulch vvith tackifier (Terl~l Tackl. i\pply vveHld fibers ~It the r;lte of )()O Ibshcre and tackifier at the rate 0110-4) gallons/:lCre D. Hardwood SUikeS: Stakes ,h:1I1 be new hZlJ(lw(l(\CI. 112".\ 112'. minimulll.1 feet I(\ng. c. IllIlI IllIlI 2.2 MA TTlNGfBLANKETS Jute Matting: Undyed and unbleached jute yarn woven into a uniform open. pLlIn weave mesh. furnished in rolled strip. with 7R warp ends per yard width uf cloth. 41 weft ends per linear yard. weighing approximately 0.9 pounds I)er square y,mi of f:1hrie. Erosion Control Blanket: Blanket shall be machine-produced] ()(Y;( biodegrZldable consisting of a 709c agricultural straw / 30(7t: coconut fiber blend having a functional longevity of 18 months. Blanket sha]] covered top :lI1d bottom sides with JOOS( biodegrZldable woven natura] organic fiber netting. with an approximate mesh of 0.5 x I inch. Blanket mesh ,lncl netting shall be sewn together on 1.)-inch centers. C. Staples: As specified by the manufacturer of the blanket/matting. constituting a complete system. A. - B. ... IllIlI ... 2.3 SEED AND SOD FOR EROSION CONTROL A. For temporary seeding in spring. summer. or early fall. seed the area with ryegrass. (annual OJ perennial) or approved equal ZIt 30 Ibs per acre. For temporary seeding in late fall or early winter. seed the area with Certified winter rye (cere,11 rye) or approved equal at 100 lhs per acre. Mulch Zlrea with hay or straw at 2 tons per acre. Mulch anchoring lllay be required where wind or areas of concentrated water are a concern, ... - B. For permanent seeding on slopes. provide a seed according to the lullowing ur as shown on the Contract Drawings 1. TYPE A: Erosion control areas Zlre to be seeded at a rate of ."i() pounds per acre with a mix consisting of 70(k Ernst Best Strip Mine Mix (ERNMX-] 01) Zlnd 30(k Ernst Shaded Roadside Mix (ERNMX-l40). as supplied by Ernst Conservation Seeds. or as approved by Owner. 2. TYPE B: Erosion control areas are to he seeded at J rate of :'0 poufllb per acre with a mix consisting of 7()!;'( Ernst Best Strip Mine l'vlix (ERNi\lX-1 U 1) and .W', Ernst Showy Northeast Native Wildflower Mix (ERNMX-153-]). as supplied by Ernst Conservation Seeds. or as approved by Owner. IllIlI - .. 2.4 SILT FENCES - A. Prefabricated silt fencing with UV-stabilizcd geotextile fabric. with hZlrclwood or steel posts. mesh reinforced backing and appropriate fasteners. Fabric shall bc 48" minimum vv idth. ... 2.5 STABILIZED CONSTRUCTION ENTRANCE A. Matelial shall be clean. sound. subbase stone of uniform quality. B. GeotextjJe filter cloth (Mirali .'iOOX. or equal) designed lor heZlvy-duty hZlul road use. - - IllIlI Install hay or straw mulch immediately after each area has been properly prepared. Place at Zl rate of 2 tons pcr acre (approximately 100 to 120 bales per acre). Mulching shZlJl be applied to a uniform thickness of 2 to 3 inches (loose. uncompacted) by hand or broZldcast. No cJumping. mattIng. b~ilc fragmcllls. or excessIve thickness shall be permitted. The intent is tu allow 201;; to 40c/r of the ground SUI-face to be seen in a uniform coverage. B. PbCL' l1lulcl1l)J1 set'ded ~lreas \\jthin 24 hours after seeding. - 2.6 - A. - B .. 2.7 r\. .. B. .. - 3.1 A .. .. c. .. - TOWN OF WAPPINGEE ll1l~07 _'_________ r~OBINSON LANE BASEBALL FJELD __~_J;I~QSION CONIROL___________ --.D.2270-.1 CHECK DAMS Light Stone Fill - J\.laterial shall he graded stone NYSDOT 620.03. The gradation of mZlterials furnished wlil be accepted or rejected based upon a visual examination of the material by the Chvner's Hepresentative. (Jcotextik - Filter fabric / beckling from thc N'r'SDOT-approved List of materials. TEi\IPOR\RY STRUCTURAL l\IEASlJRES TL'1llpor~\ry q ruct ur~l] me~lsures lor erosion control i nc] ude. but arc not ]i mi ted to. eaJ1h di kes. Il'mpm,iry sw,lIe\. perimeter sw:lies. sedimcnt tr~lps. and sediment bClsins. Each I1lC,lsure sh~iI] ht' designed in accordance with Ncvv York State Cuidcllnes for Urban Erosion ,md Sediment ControL [VLnerials and construction measures shall he consistent with these measures. PJ\RT J - EXECUTION HA Y AND STRA W IVlULCHING \Vhere WlfHls may hlow the mulch. or when ground slopes exceed ](YIr. or when otherwise required to maintaIn the mulch firmly in place. Apply temporary netting. chernical bonding. or uther anchoring devicc~. or llse mechanical crimping. punching. or rolling. to anchor the mulch. Unless utherwlSe directed. remove netting or other acceptable anchoring system prior to the ,Icccpt dI1Le of the worl-.. .. A. 3.2 MATTING/BLANKETS - GENERAL (if required) .. B .. C. - [) .. .. E. - - Prepare surfaces of ditches Zlnd slopes to conform to the grades. contours and cross sections as shown on the Drawings and finish to a smooth and even condition with all debris. roots. stone. ,md Jumps raked out and removed. Loosen the soil surface to permit hedding of the matting. Unless utherwlse noted. seed prior to the placement of the matting. l :nroll maltlllg parallel to the directIon of nO\\! of water and ]o()sely drape. without folds or ,Iretchini,'. S() th,ll C()!1tiIlllOllS i,'roullll contact IS maintaIIlL'd. The ditches and s\vales. and on slopes. each upslope and each downslope end of each piece of matting shCl]1 be pJ:lt'L~d in a 6" trl'llCh. stapled at 1 2" on center. backfilled. and tamped. Similarly. bury edges of matting along the edges of catch basins and other structures. Owner's Representative may require that any other edge. exposed to more than normal flow of water. be huried in a similar Llshion. Tightly secure m,ltting to the soil by staples driven approximately vertically into the ground. flush with the surface of the matting. ln driving the staples. take care not to form depressions or bulges in the surface of the matting. Decrease the specified spacing of staples when varying f,ICtors. such as the seas()n of the ve,lr or the amount of w,lter l'llCountered or anticipated. requires acldition~t1 ~l!lchoring. ROBINSON LANE BASEBALL FIELD EROSJ()N CONTROL _____~_____ 02270-4 TOWN OF W APPTNGER 11412.07 .. 3.3 SEED FOR EROSION CONTROL - A. Sow seed when soils are moderately dry and when wind does not exceed five miles per hour or as directed by the Owner's Representative. B. 3.4 A. B. c. Areas that will be regarded or otherwise disturbed later during construction may he seeded as directed by the Owner's Representative to obtain temporary control. - HA Y BALES AND SILT FENCES - D. Provide hay bales or silt fences. as required. for the temporary cuntrol of ernsinl1 and to stnp silt and sediment hum reaching surface waters. adjacent prupenies. ur entering catch basins. or damagi ng the work. Stake the hay bales to hold them firmly in place. Use ,\ sufficient Ilumber of hales tu accommodate runoff without causing :1I1Y flooding and to adequately store any silt. sediment. and debris reaching them. Erect silt fences and bury hottom edge in accordance with the manufacturer's recommended installation instructions. Provide a sufficient length of fence to accommodate runoff without causing any flooding and to adequately store any siJt. sediment. and dehris re,1Ching it. Maintain and leave hay bales and silt fences in place until permanent erosion control measures have been cstabli shed. IIIIIIi - IIIIIIi - 3.5 STABILIZED CONSTRUCTION ENTRANCES A. StabiJized pads of aggregate underlain \vith filter cloth shall be constructed as shown on tIll' Contract Drawings. Geotextile fabric shall be pbced over the entire area to be covered with aggregate prior to placing of the stone. - - B. 3.6 CHECK DAMS - Stone filling shall be placed in a manner that will produce a reasonable well-graded mass of stone with smaller fragments filling the space between the larger ones. so as to result in the minimum practicable percentage of voids. B. Inspect the check dams after each runoff event. COITect all damage immediately. Replace stones as needed to maintain cross sections of the structure. A. IIIIIIi c Remove sediment accumulated behind the dam as needed to allow swale/channel to drain throu~h the stone check dam and prevent large nOViS from carrying sediment over the dams Removed sediment shall be properly disposed of. IIIIIIi D. IIIIIIi 3.7 TEMPORARY STRUCTURAL MEASURES Temporary structural measures shall be maintained until the drainage area has been properly stabiljzed as approved by the Owner's Representative. Temporary sediment basins are to be installed in any drainage location where more than] 0 acre~; in the upstream drainage area are disturbed at one time C Temporary sediment basins must provide at least ].600 cubic feet of storage for every ane clf drai nage area. A. - B. - - D. Sediment shall be removed and trap restored to its original dimensions when sediment has accumulated to ] /2 the design depth of the trap. E. RCIl1()\ed scdill1l'1lt shall be pn 'perly dispc'sed 01. - .. - - - - - - - F. G. - - - - - - - - - - - - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD _EROSIO~t CONTROL_~___~~__________J)22(0-2 F. Inspect all erosion control measures following l'ach rainfall event exceeding liT in a 24- hour period. Correct all damage immediately. 3.8 A. MAINTENANCE If any staples become loosened or raised. or if any matting becomes loose. torn. or undermined. or if any temporary erosion and sediment control measures ,liT disturhed. repair them i mmed i ate I v. B. If the~eed is washed out before germination. repair any damage. rl'fcrtililc. <lIld resced. c J\1aintain mulched ,1I1d mattcd areas. silt stops. and other temporary cOlltrol mcasules until the permanent cOlltrolmeasures arc estahlishnl ,llld IlO further erosion i~ likely D. All sediment spilled. dropped. or washed OlltO the driveway (\r puhllc right-of-way shall he removed immediatelv. E. Maintain ditches and swales at all times so that the\! effectlve!\' drain. F<cfill. reshape. and re- compact where ruts or erosion occurs. M aintai n areas temporari Iy seeded i ncludi ng repair of all damages. Take special precautions in the use of construction equipment to minimize erosion. Do not leave wheel tracks where erosion might begin. Prevent direct discharge from dewZltering pumps and surfZlce runoff from the construction sites to storm sewers. culverts. streams pr ditches. Intercept and conduct surface runoff and discharge from devvatering PUIllPS tu siltation ponus hefore dischZlrging to nZltural drainage channels. END OF SECTION 02::70 - - - - - - - - - - - - 8. - C. - D. - - E. - - - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD EARTHWORK ______ OnDO~ SECTION 02300 - EARTHWORK GENERAL 1.1 RELA TED DOCUMENTS A. Drawings and general provisions of the Contract. including General and Supplementary Conditions ancl Division I Specification sections. apply to work of thiS section. 1.2 SlllVIMARY A. Extent of earthwork is indicated on drawings ;ll1c1 includes. but is not limited to: I. Stripping and stockpiling of topsoil. 2. Preparation of subgrade for buildings. walks and pavements. l. All other associated earthwork as necessary to perform the work under this contract in conformance with the alignments. grades and detailed sections provided. 13. Excavation for work specified in other Divisions shall be clone in accordance with the requirements of this section but shall be the responsibility of the Contractor supplying the work of other Divisions. 1.3 QlJALITY ASSURANCE A. Contractor shall prepare subgrade elevations with the intent of achieving finished grades as shown on the Contract Drawings or as specified by the Owner's Representative. accounting for subbase requirements. slab thickness. trench depths ete.. as shown on the Contract DrawlIlgs or specified elsewhere in the Contract Documents. 1.4 STORAGE AND HANDLING A. Stockpiling of eaI1h spoil or excess eaI1h material on the site or storage of excavated materials for reuse shall be clone in a manner which will not hinder the progress of the work: cause any nuisance: or cause spillage or tracking of materials from the transpol1ing vehicle onto public highways or cause an inconvenience to adjacent propel1y owners. Obstruction of roads. dliveways. sidewalks. or interference with drainage along gutters. ditches. 0 or drainage channels with stored matelial is not permitted. Promptly remove materials not specificd for storage or rClIsccll.i.c. excavated asphalt) Burning or burial of materials at the site is not permitted Such materials shall be disposed of on-site in conformance with applicable legal requirements. Earth excavation shall include the satisfactory removal ancl disposal of all materials encountered. regardless of the nature of the materials, or the manner in which they were excavated. except materials classified as rock excavation. Should the excavation requirements exceed the fill requirements on-site. the Contractor shall remove and dispose of the excavated material off-slle. The Contractor shall pay all costs for this removal and disposal. Topsoil suitable for final placement and grading shall be excavated and stockpiled on-site for future use. The stockpile shall be well-shaped and graded in order to sheel water and to ;l\CJilI contamination by other granular or earth materials temporarily stockpiled on-site ROBINSON LANE BASEBALL FJELD ~i~Jn}IWfU~K__~____ 02300 - 2 TOWN OF WAPPINGER lllli-,m _~_ _________u_ - 1.5 JOB CONDITIONS A. B. - ContrJctor shall verify that survey benchmark and intended elevations fur the work arc as indicated. Contractor shall verify exi~ting site conditions. Utilities shown on the Contract Drawings ZIn.' for the convenience of the Coniractor. exact locations are not guzlrC1l1teed. The Contr,Ktor ~hall verify nisting utilities with the proper authorities. - - C. Keer graded surfaces well drained. but ,\V(lJd erosion Do not plan.' earth fill on wet grade. in water. ur uver ice or snu\\. ExcavatJons sh,lIl be maintelinecl '.ree ur w,iter. - [) Filling with frozen matenals or when materials already in place arc fro/en. is not permitted. E. Provide and maintain suitable temporary crossings over open ditches when required to mJintJin access. - F Do not backfill against concrete elements until bearing surfaces have reached design strength or arc properly braced and backfilling operations arc approved. - G. The Contractor shall take precautions to protect from harm the work of other contractors on site. existing facilities. as well as adjacent property. The Contractor shall he responsible for all damage or injury done to pipes. structures. pavement. property or person as a result of excavations required to complete the work and shall repair or replace such property or item to the satisfaction of the property owner. public ,1gency helving jurisdiction aneVor Owner' s Representative at no additional cost to the Owner - - 1-1. The existing ground elevations as shown on the Contract Drawings arc believed to be reasonably correct. The Contractor shall satisfy himself. by actual examination of the site of the work. as to the existing elevations anclthe amount of work required uncleI' this section. No claim shall be made by the Contractor for additional compensation by the reason of the fact that conditions are other than as shown. - - When excavating in or adjacent to the traveled portion of highways or driveways. take whatever measures are necessary to protect the road surfaces from becoming unuerminecl. - J. Responsibility for cleaning private and public roads of any material carried onto these roads by trucks or other equipment sh~1I1 be the Contractor':-; and his Bid for the \Vork shall include any costs to complete the wurk. - K The Owner and Owner's Representative do not guarantee that all required excavation could be executed by use of machinery In some cases. it may he necessary to revise proposed alignments. which may preclude the use of machinery. In this event. the Contractor shall be required to perform this work by any method at the same unit prices bid in the Proposal. with no additional compensation due to the inability to use machinery. - - PRODUCTS - 1.6 NA TURAL MATERIALS DEFINED A. Topsoil - shall he the surface laycr uf soil with no admixtures or mJterialtoxic to plant growth. Care should he taken to limit the ~imounts of subsoil refuse. !"llotS. branches. stones. clay lumps. similar objects larger than one-inch. ,lllcl other debris mi\cd \\ith the topsoil during snipping and stockpiling. Sud and hcrb<1cc(ll1S gnl\\th sLlch <1\ gra'\ ,1I1d \\ L'eds need l1(1t be remo\t'J but shall he thoroughly hrokt'n Lip durJng thL' pulwri71ng 1,j(lL'l'SS .. - - - - - - 13. - C - - - - - - - - - - c. - D. - E. - - TOWN OF WAPPINGER JI4J2.07 ROBINSON LANE BASEBALL FIELD EARTHWORK 02300 - 3 ] a. b. c. 2. Imported topsoil shaJJ meet the following requirements: The pH of the material shaJJ be between 5.5 and 7.6. The organic content shall be not less than 2% or more than 207c. Gradation requirements (by weight) shall be 100% passing the r sieve. 85- J 0091: passing the j" sieve (I 009c for athletic fields). and 20-80% passing the #200 sieve. The Contractor shaJJ be responsible for amending imported topsoil with approved materials and by approved methods to'meet the above specifications. at no additional cost to the Owner. The material shall be stockpiled and tested priSJr to use on the project. The processed topsoil is subject to approval by the Owner's Represent(1tive. I<.oct - sh(1]l comprise solid rock in the original bed or in welJ-defined ledges. and v/hich can only be n'llHwed by blasting. ramming and/oriack hammering. It shall include boulders or detached pieces of rock two cubic yards or greater in size. Unsuitable soils - (if encountered) are defined as materials for which optimum moisture content cannot be achieved and which. as a result. cannot be properly placed and compacted in accorclance with the Contract Drawings for the intended purpose of the location of placement. The costs associated with the removal of unstable soil shall be paid as a Change Order if approved by the Owner's Representative in writing prior to this work being done. D. Mass Fill (Not under Building Footprint) - Sailor other materials used to raise site gr(1des. Acceptance of all types of fill shall be based on the above requirements. and the Owner's Representative sh~dl make final acceptance. Such acceptance or rejection of materials shall be binding upon the Contractor. Unless otherwise specified, shown on the Contract Drawings. or directed by the Owner's Representative. trench and utility filJ material may consist of suitable. excavated material. To the extent it is avajlable. fill material shall consist of approved e)]]-site materi al s. When there are insu fficient approved materi als on-si te. import addi ti anal material from off-site at no additional cost to the Owner. The Contractor shall obtain all permits necessary to furnish off-site borrow. EXECUTION 1.7 MANNER OF EXECUTION A. The work shall be performed by methods acceptable to the Owner's Representative. Excess excavated earthen materials shall be stockpiled on site in a manner and location acceptable to the Owner's Representative. Material such as excavated asphalt shall be disposed of off-site in COnf0Il11anCe with applicable legal requirements and in a manner acceptable to the Owner's Representative. tvlalerials for reuse on the project shall be stockpiled in an approved designated area adj;1Cent to the work site B. Provide adequate temporary crossovers for pedestrian and vehicular traffic. including temporary grawl driVl'S. guardrails. lamps. flags: remove it when necessity for such protection ceases. Protect trees indicated to remain in place by means of wrapping. banding. guys. or other methods. as reg u ired. When work is in public right-of-way. the Contractor shall make necessary arrangement for permits. as required. at no extra cost to the Owner. Pi pc trenching. bu i lcli ng founclati ons. and structural undercuts: uncler normal condi ti OIlS. the excavation shall be \ertica] open cut from the ground surface. TOWN OF WAPPINGER 11412.07 ROB INSON L/\NE BASEBALL FIELD _Ji\RII IWORI<~_~______m___ 02300 - 4 - F. Bottom of excavations shall be finish graded by hand methods to receive hecIcling. The stone bedding shall be placed. compacteu. ~lIlJ trimmed by hand to ensure the graue as necessary or as detailed - 1.8 METHODS OF CONTROL FOR EXCA VATIONS A:'\D GRADING A. - The Contractor shall employ at the site a licensed surveyor responsible for the proper layout of utilities. structures. anu drainage. He shall lllainLlin ackqu~lte sLlkeout control for inspection of the worK ancllO accurate] y complete cunstruct ion. - B. The alignlllent zlIlcl depth uf suhgrddes uf ~tll pipe trenchl'\ shz1l1 bl' detL'J'lllined h) uverhead i:'Llde lines or LtSlT at ContrClc\or's optic)n. lnq~1lled ~lI1U maintClll1l'd by his surveyc1l'. - c. ]n the evcntthat rock is encountered. the CuntrClctor will take cross sections of the rock uncovereu. No removal shall begin until aclequate time h<lS been given the Owner's Representative for inspection anclt() VL'J'ify till' measurement of rock 11l~lterial - 1.9 LIMIT OF EXCA V ATION AND STOCKPILING OF TOPSOIL - A. Prior to any excavation or embankment or as directed by the Owner's Representdtive. topsoil shall be removed. Avoid mixture with subsoil when stripping topsoil. Topsoil work. such as stripping. stockpiling and similar \\ork shall not he carried out when soil is wet so that tilth of soil will be destroyed. - B. Topsoil shall be cleaned of any major roots. boulder. ete. and stockpiled as previously described within designated on-site areas as approved by the OWllCr' <; H.epresentative. Stockpiled topsoil shal] be free from trash. brush. stones over 2" In diameter. ~1I1d other extraneous matter. Proper drainage and erosion control measures shall be in place around the stockpiles. - - c. Stockpiled topsoil will be used in finish grading and preparation of lawns and planting beels. No topsoil shall be removed from the site without the prior approval of the Owner' s Representative. All topsoil used in athletic field grading shall be screened to remove any materials larger than 1- inch in diameter. - D. If the Contractor fails to strip and stockpile all available topsoil within the limits of areas disturbed by his work. the Contractor shall at no cost to the Owner. Import adequate topsoil to cover the disturbed areas to a minimum depth of 6 inches. - - E. If topsoil does not exist. In sufficll'nt (Juantlty. on the site. the Contractor shall deliver. place and sprl'acl a sufficient quantity of acceptable IOpsullneccssarv to achieve ~l depth of 6" over the entire area of the site inclicated on the contract drawings to receive lawns and planting. Secure all topsoil from an approvecl source and submit a mechanIcal and CI1eI11lCa] analysis to the OV'/I1er's Representati ve for any topsoil that is to be de livered. - F If excess quantities of topsoil exist. the Contractor shall notify the Owner's Representative i mmedi ate I y. The OwnC!" s Representati ve \V i] I determi nl' whether the Contractor shall screen and spread the excess topsoi lon-site in designate d areas. leave the excess topsoi I properly stock pi led on-site. and/or remove and dispose of the excess topsoil from the site. Contractor's price bid shall include the costs to complete anv one or a combination of these alternatives. - - 1.10 ROl1GH GRADIN(; - A. The Contract(,r shall be responslbk Inr pW\Jding allnecess:lry fill m~lll'lials. - - TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD - 11412-'-07-----~__~_______EARTlLWOKL 02300 - 5 - - - - - - - 1). - E. - - F. - 1.11 - A. - 1.12 A. - B. - C. - f) - - B. Temporary Ditches. Swales: Install temporary or permanent diversion ditches and/or temporary pumps and take other steps ilS may be required to effectively eliminate potentia] water damage in accordance with the Contractor's best judgment or instmctions received from the Owner's r~cpresentative c. (~ralle Elevations ]. Unauthorized Excavation: Do not perform excavation work for any purposes other than those indicated on the contract drawings. unless so directed by. the Owner's Represcntat i ve. = Tolerances: Rough grading of all aIT~IS within the property lines including excavated and filJed sections ,md adjacent tr~lllsition ,lreas.c,hall he Ic,lsonably smooth. compact and free from irreguLn surface ch,lIlges. The degrel' of finish shall be that ordinarily obtainable from either blade. grader or scraper operations as follows: a. Lawns and Planted Areas - Establish a 6" subgrade over aJl lawn and planted areas to permit the installation of the required topsoil thickness. The finish subgrade in areas to receive lawns or planting sh~i11 be no more than 0.25 feet above or below the required gr~lde (1r zlpproved cross section as indicated on the contract drawings. b. Pavement and Buildings: In illl ilreas to receivc paved surfaces. the compacted rough elevation shall be measured at the surface of the pavement subgrade. The tolerance for subgrade surfaces within and to a point lO feet outside the building areas and in ~1l1 areas to receive pavement surfaces sh,]]] not exceed 0.] 25 feet above or below the estilblished subgrilde elevation with due allowance for pavement materials. Slopes: All swales shaJl be finished to drain readily. Unless otherwise indicated. the surface of the subgrClde in areas to receive lawns shall have <1 minimum slope of 29(;. l\ound tops and bottoms of all slupes <1nd dr<1inage swales. Adjust slopes at intersections of cuts and fills and warp to flow into each other or into the natural ground surface without noticeable break. Establish earth at tops and bottoms of rock ledges in accordance with instructions received from the Owner's Representative ,1Ild in a manner thilt will prevent erosion. Fullowing stripping, the subgrade shall be compacted sufficiently to develop required compaction tn a depth of at least 1 2". No fill shall be placed until the subgrilde hCls been proof rolled. and approved by the Owner's RepresentCltive. LIMIT OF EXCA V A nON F'OR PIPELINES Trenches shall he exc<wilted to the extent lJecess<1ry to complete the installiltion and provide a safe working environment LIMIT OF EXCA V A nON FOR STRlJCTlJRES ExcavatIons for structures and fauiJtles shall be of sulliClcnt sIze to give suitable room for proper construction procedures and no larger. or ilS shown on the Contrilct Drawings. Excavations for structure foundations or footings shall be to solid rock or ilpproved undisturbed bearing soil. r~emovc loose materials and debris from excavation so that illl footings rest on solid rock or approved undi sturbed beari ng soil. ] f unsui table beari ng soi lis encountered. the CI lntractor Shill] noti fy the O\vne( s RepresenLit i \c <1nd shall not proceed further until direction is given Ensure th,lt lJ]1)\cmcnt of equipment in cxclvalillll does nOI causc working or pumping Ill' underlying 'Ilil thilt 1.'- nilt to hc l'xl'ilvated. Shllulc1 L'C]ulpment cllIse the soil to worK Ilr puml'. Lise lithcr metlwd, (If C',l.<I\ dtj()J1l\1Il1~linLiin tIll' dC'lgn 11l'ilring cilpal.it\ cd' thl' soil. ROBINSON LANE BASEBALL FIELD E^RTHWORL_~_______~_ _~___02300 ~ - TOWN OF WAPPINGER 11412.07 E. Provide clearance sufficient for formwork Banks and sides shall be at angle of repose of recline or sheathed. sheeted, shored and braced as required for safety. ,md confurming to all applicable laws. rules. regulations and codes. Remove shori ng prior to hack fi Ili ng. - 1.13 EXCAVATIONS BELOW SUBGRADE - A. Whenever excava.tions arc canied beyond or below the lines and grade shown on the Plans. or as given or directed by the Owner's Representative. ,111 such OWl' excavaticln shall be hackfilled with subhase course stone. concrete or other materials ,IS directed hy the Owncr's Representative OVL'I excavations at footings. whether directed by the Owner" Reprc'-enwtih' or unauthllri7ed shall be backfilled with 2.000-psi concrete B. c. D. - - In the event earth materials encountered at subgracks <Ill' unsuitable. the Cuntr<lctor shall immediately notify the Owner's Representative and shalJ nC,lv,lte from the limiting subgradt's shown or specified. to such new lines and grades. as directed. Excavation heluw suhgrade shall be done only upon express orders of the Owner's Represt'lltatiVl' - Backfill materials as a result of over excavation by the Contractor without prior approval from the Owner's Representative shall be provided by the Cuntractor at no additional cost to the Owner. - All material which slides. fails, or caves into the established limits of excavations due to any cause whatsoever. shall he removed and disposed of at the Cuntraclor's own expensl' and no extra compensation shall be paid the Contractor for any materials ordered for hackfilling the void areas left by the slide, fall. or cave-in. It is the Contractor's responsihility to make all excavations safe for ongoing construction. - - 1.14 SITE GRADING - A. Prior to start of work. the Contractor's surveyor shall verify that all boundaries of temporary and permanent easements and property lines are clearly marked in the field so that the work will not violate these boundaries. ... B. The Contractor and his surveyor shall verify the luc1tions ,md character of structures. underground lines. and subsurface conditions and verify that the described work wi]] not adversely affect them. - C. The Contractor's Surveyor shall verify that grade stakes have been properly and accurately set - D. The Contractor shall excavate. transpurt. place. cumf,act and \llllfurmly grade the site tn the lim's and grades shown on the Drawings. The Contractor shall be responsible to subtr,lL't frum finished grades shown on the plans the depths indicated on the Contract Drawings to ensure that the prc'per subgradl' elevations ,Ire establlslwd - E. The Contractor shall dispose of excess suitable excavated material on-site in locations as directed by the Owner's Representative. ... F. Sub grade surfaces shall drain. be compacted. and well graded. ... 1.15 UNSUITABLE SOILS REMOVAL METHODS Of required) .:'\ . 1\1ethods of Removal: Prior to the start of excavation operations use every means pClssible W divert water away from work area and \(1 create dry cunditions. Through the use of draghne clamshell. or any other equipment necessary to the removal of unstable soils. excavate and legall} dispose elf all unacceptable material. - - .. - TOWN OF WAPPINGER 114l2.Q~~ ROBINSON LANE BASEBALL FIELD ~.. ___t,,\RIH}yQRK_____~___ _________D2300 -- Z B. - - C - D. - I.l6 A. - B. - C - - D. E - - Precautiondrv Measures: At all times duri1H?: the course of remov,i! of wet and unstable materials -' '- . ,-. use every means possible to diwrt the run-off of mud and water and to avoid adversely effecting adjacent construction or site improvement operations. Take every precaution at all times to barricade. rope off. or otherwise protect workmen and the public from open excavations. waterholcs. and other hazards resulting from the work of this operation. Damage: .rJle Contr,lCtor shall correct any damage to structures. foundations. site improvement work or adjacent propnty resulting from till' \vork of this operation. Degree (11' Remov~11 Required: Rt'll1(lve allunst~lble lTlaterial to the point of stahle e,lrth or as clireck'd by the (hVlllT'" RepresclltatlVt' EMBANKMENT CONSTRVCTION (it' n>qlliredl Prior to the pJacemellt of m,lleriah in fill sections. remove all debris ancl other clelett'rious materia] and stabilize all existing surfact's. Clround surfaces sloped steepl'r than I vertlc,Il on 4 hori7ontal shall he plowed. stepped. or broken up to permit bonding of the embankment with the existing surface Uniformly place and spread fill in successive horizontal layers not more than 8" in compacted depth. Complete compaction to proper density and complete compaction testing prior to placing ,ldditlon,ll backfill m,nnial. Soj] compaction requirements shall be met in successive lifts. The emh,lllkment shdll he constructed primdrily with suitdblc on-site materials. The Owner's Representative shall be the sole judge of whdt constitutes suitable and unsuitable material. When on-site material supplies are exhausted. additional imported material shall be used to complete the embankment. 1.17 COMPACTION OF SOIL BACKFILLS AND FILLS - - - - - - - - A. Place backfill ami fill soil materials in layers not more than 8 inches in loose depth for material compacted by heavy compaction equipment. and not more than 4 inches in loose depth for materi aJ compacted by hand-operated tampers. B. Place h;lCkfill and fill soil 11latcrials evenly on aJl sides of structures to required elevations. and uniformly along the full length (If each structure. c. Compact soil materials to not Jess than the following percentages of maximum dry unit weight according to ASTf\1 ]) 1.'i.'i7 Under struct ures. bui Idi ng slabs. steps. and pavements. scarify and recompact top 12 inches of exi sti ng Sll bgrade and each layer of backfill or fi II soi I materi al at 95 percent. Under walk\vays. scarify and recompact top 6 inches below sllbgrade and compact each layer of backlill or fiJl soil material at 92 percent. Under turf or unpaved areas. scarify and recompact top 6 inches below sllbgrade and compact each layer of backfill or fill soil material at 90 percent. For utility trcnches. compact each layer of initial and final backfill soil materia] at 90 percent. 1. } , -) . 4 ROBINSON LANE BASEBALL FIELD EARTHWORK 02300 - 8 TOWN OF WAPPINGER lL4] 2.07 1.18 PREPARATION OF PAVEMENT SUB GRADES A. - Prior to placement of fill. any embankment foundation shal] be thoroughly inspected by the Owner's Representative. If in the opinion of the Owner's Representative. the embankment foundation is not adequate to support pavement, the embankment foundation shall be proof-rolled . by a roller or loaded ten-wheeler to the satisfaction of the Owner's Representative. Any loose. soft, wet. frozen. organic or otherwise unsuitable material shall be removed. - - B. Shape the entire subgrade to the required line. grade. and cross slope. Remove any protruding stones larger in diameter than S inches and fill the resulting depressions with an approved material. - - l. Roll the subgrade surface with a roller weighing not less than 10 tons and achieve the reCJuired compaction densities specified. ]1' during construction. the Contractor allows the subgracle to become wet and rutted. re-shape, aerate. recompact subgrade. as required. Compact the entire width of the area to receive pavement and shoulders. Where subgracle failures occur due to rolling. thoroughly 1'01] and compact these areas until no further consolidation is apparent, - D. When pavements cannot be placed immediately after the preparation of the subgrade. the entire subgrade area shall be restricted to construction traffic until subbase materials can be placed. - L After rolling. the finished subgrade shall not vary more than O.OS feet from the established grade and cross slope. - - 1.19 FIELD QUALITY CONTROL A. Special Inspections: Owner will engage a qualified special inspections testing agency to perform tests and special inspections: - ] . Determine prior to placement of fill that site has been prepared in compliance with requirements. Determine that fill materia] and maximum lift thickness comply with requirements. Determine. at the required frequency. that in-place density of compacted fill complies with requirements. - - ') ..... 3 B. Contractor shall be responsible for scheduling testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with subsequent emih moving only after test results for previously completed work comply with requirements. - C. Footing Subgrade: At footing subgrades. at least one test of each soil stratum will be performed to verify design hearing capacities. Suhsequent verification and arpruva] of other footing subgrades may be based on a visual comparison of subgrade with testecl subgrade when approved by Owner's Representative. 1. Paved and Building Slab Areas: At subgrade and at each compacted fill and backfill layer. at least one test for every 2.000 sq. ft. or Jess of building slab. 5.000 sq. ft in paved areas. but in no case fewer than three tests. 2. Foundation Wall BackfiJl: At each compacted backfiJl layer. at least one test for every lOO feet or less of wzllJ length. but no fewer than two tests. 3. Trench Backfill: At each compacted initial and final backfill layer. at least one test for every 200 feet or less of trench length. but no fewer than two tests. - .. - .. D. \VI1l'n testing agency reports that suhgradcs fills. or backfills have lWt achieved degree of cOIllI,aL.tion specified. scarify ami llloistL'n (11' ;lL'rate. or remove and replace SUII materials to dcptl1leq\Jlred: recompact aile! retest ulltil :.pecified compactioll is obt~1inecl - .. TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD EARTH\YQ~____~ _ _ __ _ _ _._~]O(L2 - 1.20 STORAGE OF MA TERIALS - A. All excavated materials shall be stored in locations so as not to endanger the work. and so that easy access may be had at all times to all parts of the excavation. Stored materials shall be kept neatly piled and trinimed. so as to cause as little inconvenience as possible to other Contractors on site or to adjoining property owners. - B. Topsoil suitable for final graeling shall be relll(1\cel and stcneel on-site separatL'l) from other excovated material. - c. Any stockpiles created and not re-used within 14 days sh~tll he seceit'd to prevent erosion. Silt fence shall he installed and maintained orollnd stockpiles d.' Zlppropri~lte. - 1.21 SOIL STABILIZATION - A. A geotextilc lZlyer shall be placed upon the completed suhgraele of pavements. rip-rap. and drZlinage trenches as shown on the Contrilct Drawings. - 1.22 SETTLEMENT A. Repair to proper grade any settlement of slab. pavement. utility structure. lawn. etc. adversely affected by settlement within one (1) year after finol acceptance of building at no cxpense to Owner. - - END OF SECTION 02300 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TOWN OF WAPPINGER 1 ] 4 ] 2.07 ROBINSON LANE BASEBALL FIELD ASPHALT PAVING 02741-] SECTION 02741 - ASPHALT PA VING PART 1 - GENERAL 1.1 RELA TED DOCUMENTS A. Drawi ngs and general provisi ons of the Contract. including General and Su pplement ary Conditions and Division I Specification sections. apply to viork of this section 1.2 DESCRIPTION OF WORK A Work of this Section includes but is not Jimited to: I. Asphalt driveways and parking lots 2. Athletic field subsurface l AsphaJt sidewalks 1.3 DEFINITIONS A. Pavement Area: The full width of hard bituminous road. parking surfaces. ~llld asphalt sidewalks. as shown on the Drawings. B. NYSDOT: New York State Department of TranSpOJ1ation c. NYSS: New York State Department of Transportation Standard Specifications dated] anuary 2002 (and any subsequent revisions). 1.4 QUALITY ASSURANCE A. Provide at least one person who shall be present at all times during the execution of this portion of the work. and who shall be thoroughly qualified and experienced in the plztcing of the type of pavements specified and who shall direct all work performed under this section. B. Comply with the referenced p011ions of NYSS. c. An approved testing laboratory shall perform all testing. The Owner's Representative may use the testing laboratory for inspection services. D. Use only the materials and job-mix formula approved by the Owner's Representative. Failure to consistently meet the approved job-mix formula shall be sufficient cause I' OJ the Owner's Representative to prohibit the use of the asphalt supplier. E. All finished paved surfaces shall be smooth. even. and free from sUlface defects and irreguLnities ELlgc:- shall he straight. and shall meet existing pavements snH1othly. P~l\Cn1l'ni shaJJ present a smooth, continuous. and workmanlike appearance. free from patchwork. rough edges. spalling areas. potholes. depressions. bumps. and other defects. The finished installation shall meet wiih the complete approval of the Owner's Represenl<ltive and Owner with respect to appearance as well as structural integrity and other criteria. F. Bituminous materials shall not be placed on any soft grade. when the grade is wet. when the temper~llure oj" the surface on which the mixture is to be placed is below 45"F (below 'iO"F for]- inch compacted thickness or less). above 95"F. or when other weather conditions would prevent proper handling or finishing of asphalt mixtures unless otherwise ordered or approved by the Owner. s I<.epreseJltative. ROBINSON LANE BASEBALL FIELD ASPHAl~LE;-\YING_~___~-~_. ._0274L~_) TOWN OF WAPPINGER li1l2.07_~~~~ u______~ G. 1.5 - All pavement markings shall be placed or restored by the Contractor limier ideal conditions. Apply markings only to clean dry pdvt:ment and when atmospheric temperature is 40 F degrees or above. - SOURCE QUALITY CONTROL - A. Allmatelia]s ~1Ild the asphalt plant \>.ill he subject to inspectiuns and tests by the Owner's RepresentJtive and by the ~lprro\iCd testing IabuLltory. - 1.6 .JOB-MIX FOH\IULA A. No paving sh~t11 commence untll ~\ job-mix jormuLl lor each Clsphalt mCltcri~lI to be plClced has been submittl'd to and Clppluved by thl' (hvner's Rcpresent~ltive The requirecliob~mix formula sh~i11 be prepClled by ,In ~lpproved testing Llh()ratory and shall comply with the NYSS. Provide all tt'sting as required to clearly show thClt materials meet specification requirements. - - B. If a previ()usly estahlishl'd job~mix formula is proj1oseu. certified copies of the mix formula and all test reports made within the last six months by a recognized testing ldhoratory Illay be suhmitted II the lormula and test results comply with these specifications and sufficient evidence of compliance is submitted and is acceptable to the Owner's Representative. a new job-mix formula will not be required. If insufficient data exists. the Owner's Representative may request ,ldditic1nallL''Iing. or he m~\y reqlllre d new joh-mix formula. - - 1.7 SlJBMITTALS .. A. Submit sine ,\ll~llysis oj l"tcll subh~ISt: m;1teri~t1 from each granular material source. B. Submit mill :ll1alysis of edch grade of asphalt from each material source. - c. Submit all proposed joh-mix formula and certified materials tests as required under Paragraph 1.6. .. D. Name. addness and telephone number of the asphalt plant proposed for use and a certification that the proposed "ource conforms to the requirement" of these specification" shall be submitted. - E. Certified test reports on test required under Part 3 of this specification 1.8 DELIVER'.. STORA<;E. AND HANDLING .. A. lL1uling equipn1L'nt shall lonform to N'{SS. The Contractor IS advised that length of haul. manner of haul. temperature of asphalt. and similar criteria. have a direct bearing on the quality and ,\Cl'l'ptabIiit\ l'f the finisht'd pavcn1L'llt" These othn criteri~l sh,lll he pruperly contmlled such that the Job mix of asphalt. when placed. is identical to that specified. approved. and as it left the asphalt plant. Segregation of aggregates. whether occasioned by hauling operations. improper mixing at the asphalt plant. or for other reasons. will result in rejection of the pavement. Clusters and pockets of aggregate in the finished pavement surface. with voids surrounding the aggregates. are unacceptab Ie and wi 1I be rejected. .. - - B. All asphalt joh mixes shalJ be delivered to the site and incorporated into the work within the mixing and placing temperature ranges as listeJ in the NYSS. .. C. Subbase granular mJteria!'. shall he hauled. placed. and gradnl in a manner to assure good dr,llnage. to preclude the inclusion of foreIgn matter and to prnerve the gradation. - .. ROBINSON LANE BASEBALL FIELD ASPHALT PAYING 02741 - 3 - TOWN OF WAPPINGER 1111LQl_~___~_~____ D. - 1.9 - A. - - B. - C - - - - - - - - - - - - DelIver a]] container materials in manufacturer's standard, unopened containers with labels legible amI intact. Store and protect from damage. freezing, or sunlight and heat. if required of individual product. JOB CONDITIONS /\sphalt t012 course shzlll be placed only during the periods of May I st up to and including the third Saturday of October when the temperature and conditions are as specified in IAF. . Deviations from this time schedule shall be only as approved by the Owner's Representative. Top course shzdl not be placed until building construction is substantially complete and placement authorized by the OWller's Representative. /\sphl1lt cOllcrete pavement shzlll be insta]]eclupon previous courses that l1re clean. dry. and free from standing water. and only when weather conditions are suitable. Defective Pavement: Portions of the completed pavement which are defective in finish, compaction or elevation, or that do not comply in all respects with the requirements of the contract documents. shall be taken up, removed and replaced with suitable material. and properly installed in accordance with the contract documents. PART 2 - PRODUCTS 2.1 STONE SUBBASE COURSE A. The subbase course materials shall consist of granular materials as shown on the Contract Drawings Depth ,1S shown on the Contract Drawings. 2.2 BITUMINOUS PA VEMENT A. Bituminous pavement shall be constructed with approved materials as stipulated in NYSS. Section 400. Job-mix formulas shall be formulated and submitted by the Contractor within the general limits imposed by Table 401-1 from the NYSS Section 401. B. A binder course shall be placed ata thickness as to produce a required completed thickness when well compacted with a ten (10) ton roller. The material shall be NYSDOT Type 3 Binder or #1 Dense Bindel'. as specified on the Contract Drawings. Required completed thickness is shown on the Contract Drawings. c. /'\ wearing course sha! I be constructed on top of the binder course and shall produce the required completed thickness when well compacted with a ten (10) ton roller. The material shall be NYSDUr Type 7F2. Required completed thickness shall be as shown on the Contract Drawings. !) Base cuurse I \',herc required) ~ha]] be placl'd ~lt a thick!1l'sS as to produce the required completed thickness when we] I compacted with a ten (10) ton roller. Base course shall be asphalt base Type I. in accordance with NYSS Secti on 40 I. Required completed thickness shall be as shown on the Contract Drawings. E. Asphalt tack coat sha]] conform to NYSS material designation 702-90. F Bituminous scaler shall conform to NYSS materia] designations 702-0500 or 702-3401. G. All seams hL'twecn existing ane! new asphalt surfaces shall be sealed with an asphalt filler COITl'SpOJldJllg to the material requircments of NYSS material cksignation 702-0)00 or 702-3401. c. D. E. F. TOWN OF WAPPINGER 11412.07 EOBINSON LANE RASEBALL FIELD i\SPJJALT pA VIN~~_____~___ 02741 - 4 .. 2.3 ASPHALT SIDEWALK A. All materials shall be as used for bituminous paving except that they sh,1I1 he placed to the thickness as shown 'on the Contract Drawings. .. 2.4 MIXES - A. All bituminous concrete shall he mixed at the approved asphalt mixing pl,mt in accordance \vith NYSS. - 2.5 GEOTEXTILE FABRIC A. The geotextile fabric for pavement stabilization. ,IS rL'Cjuired. sh,i11 be !\lir,ili 'iOOX ,IS manufactured by I'vlirafi or approved equal. - 2.6 A. PA VEMENT l\IARKINGS .. Pavement marking (striping and symbols) shall he 100';( acrylic water-based. lead-free emulsion paint (premium grade) specifically designed for asphalt pavement traffic application. Yellow or white marking shall be provided as shown on the Contract Drawings. with blue markings required for handicap parking areas. Thinning of paints more than allowed by the manufacturer shall not be allowed. - - PART 3 - EXECUTION 3.1 GENERAL .. A. Prior to the work of this section. verify that all utility. piping and grading work is complete. testeel and approved by the Owner's Representative and to the point where pavement installation may he properly performed. Particular attention is given to items such ,IS pipelines or conduits so as to avoid excavating pavements at a later date. .. B. All work shall be performed in conformance with NYSS Section 401 or as otherwise specified or directed by the Owner's Representati ve. - Joints. where required. due to the discontinuation of work. shall be well bonded and sealed in such a manner as to create an integra] appearance. Joints in successive courses shall be offset a minimum of two (2) feet horizontally from the JO\wr pavement course. Tr,msverse ,md longitudinal joints shall be performed in accordance with NYSS Section 401 Care shall be taken by workmen at all times to avoid walking on freshly spread m,ltni,d - .. Where. curbs. pavers. concrete sidewalk. manholes or other ohjects come in contact with the pavement. they shall receive ~1 uniform L'uating of an dsphalt t,1ck coat The asphalt cOdting shall be neatly applied according to the manufacturer's recommendations but in no case shall it be applied above the elevation of the abutting asphalt materials. - - All asphalt material shall be placed in a uniform layer by an approved bituminous paver. Hand placement may be permitted in small irregularly shaped areas that are not accessible to a paver. only with prior Owner's Representative approval. .. Each days paving (base. binder or top) shall begin from a straight saw cut joint approved by the Owner's Eepresemative. - - .. - TOWN OF WAPPINGER ill] 2JlL___ _______ ROBINSON LANE BASEBALL FIELD ASPHAL-IYA VIN~_~__~~~ 02741 - 5 G. - Joints at existing pzwements shall be vertically sawcut. Apply tack coat on surfaces as shown on joint detail of Contract Drawings before beginning placement of new material. New material surfaces shall mZltch existing surf3ce. - 3.2 SlJBGHADE PREPARATION A. Sllbgrade shall be prepared in zlccordance with other Division 2 Specifications. .. B. - .. The Owner's Representative may require a field demonstration of compaction equipment before appn1vlng sllbgrade. Rolling zmd compacting shall be done in the longitudinal direction of the tratlic CI(1\V. H the muisture content (If the S()j] is outside of the limits required to achieve the reqllJred compaction. the OWIlL'r's Represl'ntative will require the addition of water or discing and regrading so thz!t the required degree of compaction shall be zKhieved. Obtain Chvner's Representative's zlpproval of subgrade prior to placing subbase course or geotextile fabric (if fahric is reqllilnll - 3.3 SllBBASE COURSE INSTALL\TION - - .. .. - .. - G. - H. .. - - - A. The Contractor shall notify the Owner's Representative at least three days before any subbase material is scheduled to be placed. B. Geotextile fabric shall be placed as specified. C. Subbase shall be placed to the thickness and limits as shown on the Contract Drawings. D The dccepted hZlse 1l1dterial shdll be placed WIth a maximum lift of 6" per course. Each course shall be compacted \!'ith a vihrzltury compactor capable of producing a minimum dynamic vibration force of 27.000 pounds E. Compaction for driveways or roadways shall proceed in the longitudinal direction to traffic flow and be performed in accordZlnce with NYSS Section 304 Compacti(ln for pZlrking Zlreas shall commence on one side of an area and gradually proceed to the opposite side. When rolling has been completed in one direction. the rolling shall commence in a direction 90 degrees from the first rolling Bus loops shall be considered as Zl driveway and shall only be rolled longitudinally. F After completion of rolling. no traffic shall be permitted over the compacted course and no hauling other than necessary for bringing material for next course will be allowed. Each compzlCted course shall be tested with a straight edge I () feet in length and any depressions greater than 1/4 inch in depth shall be re-graded until the depressions are corrected The finished surface shall be smooth compact and dry. All voids in the top subbase course shall be removed by re-grading and compacting to the '.~Itl'.ral.ti()n o! till' (lwner's Rq1!esentativc Thickness tests and compaction tests shall be conducted on the subbase courses. The Contractor shall hane! dig holes. not less than T' in diameter through the subbase. at locations designated by the Owner's Representative. The Owner's Representative shall measure the thickness and If any deficiencies are found. they sha]] be conected. These tests may be conducted on Zln averZlge of one test every 2.500 square feet of pavement area. 3.4 TOP COURSE INSTALLATION A. AsphzlIt top course shall be plal-cd only during the periods indicated III Sccti()1l 1 QA. D. TOWN OF WAPPINGER ] ]4]2.07 ROBlNSON LANE BASEBALL FIELD ASPHAlT PA VING__________ 0274] - 6 ... B. The roadway or sidewalk binder surface to be covered shall be free from holes. depressions. bumps. waves. and corrugations. Any unsuitable surface areas or where directed by the Owner's Representative shall be repaired by replacement of the unstable materials or by ratching with a material to produce a tight'surface having the correct grade. The roadway surface shall be cleaned by the use of mechanical sweepers. hand brooms. or other effective means until the surfaces are free of all material that might interfere with the bond between the overlay material and the existing surfaces. All cleaning equipmel)t shall be approved by the Owner's Representative prior to use. Cleaning shall continue until adequate cleaning results as determined by the Chvner's Representative. Cleaning shall be done immediately prior to overl,lying at no additional cost to the Owner. - - - c The Contractor shall coordinate the application of the upper courses for new alJllnistlng asrhalt pavements so that the finished surface of both top courses will be lIni formly level Any irregularities or depressions in the existing pavement shilll be corrected by placing additional asphalt concrete. - - D. I~oll the asphalt top course with a minimum ten-ton roller. or as specified by the NYSS. E. - The finished pavement shall present a conti nuous and even appearance from edge of pavement to edge of pavement. The top course shall be blended in to meet existing pavements where applicable. - F. The surface shall be tested with a 16-foot straight edge and all variations exceeding 1/4 inch in height or depth shall be eliminated. ... 3.5 OTHER APPURTENANCES A. Valve boxes. cleanout covers and catch basin frames and grates shall be set so that the finished asphalt top course is ]/4 inch above each. In no case shall these frames and covers. boxes or grates protrude above the finish pavement surface. Likewise these appurtenances shall not sit in depressions nor be paved over. Prior to completion of finished pavement. the Contractor shall protect all castings and appurtenances from damage. - - 3.6 WEATHER AND SEASONAL LIMITATIONS - A. Contractor shall schedule paving operations sllch that all paving necessary to provide safe and adequate maintenance and protection of traffic or for the protection of previously laid course is completed within the weather and seasonal limitation described previously. ... B. Scheduling and sequencing of \vurk to conform to seasonal limitatiul1s shall be reflected in the price bid. If paving operations are not completed within the weather and seasonal limitations. all temporary materials and work needed (e.g. shimming of castings and protrusions. adequate drainage etc.) to provide acceptable rideability. and maintenance and protection of traffic shall be provided by the Contractor until paving operations can be completed at no additional cost to the Owner. ... ... c. If the Contractor requests a waiver of the seasonal limitations and the Owner's Representative determines it to be in the best interest of the Owner. the seasonal limitations may be waived for a limited period of time subject to temperature. time. weather and other conditions. Conditions of seasonal waiver shall include. but not be limited to. withholding of payment for v'lork performed beYllnd the seasonal limitation date pencling determination of the pavement condition and perfor- mance during the following spring: and. delaying start of one-year warranty ptTiod .., - CClntractor shall h,1\(, 1111 claim :lgainst the (hvnt'r for any costs attributable to disapprov:li Of:l waiver requl'st OV\l1n's Reprl'~l'l1tative c1L'cision for apprclv,t1 or disapproval is fin:li. ... .. - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FJELD ___,~2P 11A IJ~i~V J N G___Q271J~~ E. Any pavement damage which occurs as a result of Contractor either not protecting previously laid course or constructing any pavement course outside weather or seasonal limits whetlll'r a waiver was granted or not. shall be repaired or replaced as determinee! hy the Owner's Representative at no additional cost to the Owner. All repairs or replacements shall be completed to the satisfaction of the Owner's Representat i ve and in accordance \Vj th these speci ficat ions. - - 3.7 WARRANTY - A. Settlement: Any settlement exceeding 1/8" in ]()' ur 1/4" toLl! depression. which occurs in any asphalt work within one yell' ~lfter final accept~lIKe. shal1 be entIrely removed and hrought to propn grJde ,md repaired. tn the satlsfacti(ln of thl' Owner's l~l'!lresentatjVt' - END OF SECTION on+] - - - - - - - - - - .. - - - TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD I] 412.07 CONCRETE PA VEIVIENT. SlDEW ALKS AND CURBING______ . 0215.1 - I SECTION 0275 I - CONCRETE PA VEMENT. SlDEW ALKS AND CUI\BING - - - 1.1 A. - PART I - GENERAL RELA TED DOClJMENTS Drawings and general provisions of the Contract. including General ,1lld SlIpplementar~ Conditions and Division I Specification sections. ,\pply to work of this sectioll. - A. 1.2 SUMMARY OF WORK - B. - 1.3 A. - - 1.4 A. - - 2.1 - A. 2.2 - - B. - - - - - Extent of concrete pavement \Vork inc]uc.!L's. but is not limited to furnishing ,llld placing complete the following: I. Concrete slabs 2. Concrete curbing. Work for other cast-in-place slabs shall be completed ill accordance with Division J. QUALITY ASSURANCE Concrete shall be tested in accordance with Division 3. All concrete not meeting the proper requirements shall be immediately removed from the site by the Contractor at no cost to the Owner. All requirements for Special Inspections of concrete work shall be coordinating. scheduled and managed by the Contractor DELIVERY, HANDLING, STORAGE Deliver all container materials in manufactllrer's Q,\I1dard. ulwpened conlC11ncrs with I,d'els legible and intact. Store and protect from damage. freezing. or sunlight and heat. If reqUired 01 individual product. PART 2 - PRODUCTS SUBBASE Suitably compacted earth subgrade and granular material as detailed on the Contract Drawings. Subbase course shall be as specified on the Contract Drawings. CONCRETE PA VEMENT. CURBING, SIDEWALKS AND PADS I. All concrete shall have a minimum 28-day qrength of 4.000 psi (unless otherwise noted on site drawings). per Concrete Specifications ]n Division 3. Concrete Accessories: 1. Surface Sealant: Shall be a transparent. non-yellowing. aliphatic-urethane sealer for exte- rior use. such as Kure-N-Seal or other as approved by Owner's Representative. 2. Expansion Joint Filler (horizontal and veI1ical): Filler shall be a impregnated cane fiber. 3. Expansion Joint Sealer: Shall be a pour grade one-part. self-leveling polyurethane seal- ant. such as Sonneborn Sonolastic SLl. Light gray in color. Use compatible primer where suggested by manufacturer. 4. Welded Wire Mesh: Shall be 6" x 6". cold drawn 6 gauge wire conforming to ASTJ\1 A-185-69. Mesh shall be supplied in fIat sheets. Provide 2 layers offset where indicated on the contract drawings. 5 Reinforcing Bars: ANSlJ ASTM A-6 I 5. Grade 60. deformed. C [(<iii? J. K. TOWN OF WAPPINGEH ROBINSON LANE BASEBALL FJELD 11412.07 CONCRETE PAVEIvICtH-=-SIDEWALKS AND CURBING 02751-2 .. h. Supports: Provide supports for reinforcement including bolsters. chairs, spacers and other devices for spacing. supporting. and fastcning reinforcing bars and weJded wire fabric in place. Use wire bar type suppurts complying with CRSI recommendations. unJess other- wise accept~1b]e. For slabs-un-grade. use supports with sand plates or horizontal runners where base material wiJI not suppon chair legs. Tic Wire: 16 gauge black steel. - - 7. 2.3 CONCRETE FORMS - ,.\ Forms sh~lil be steel or plywood with finished surlace in contact \'iith concrete. 8 All forms ,h~lil extend for the full curb depth ~11111 shall be braced ;ll1d sel'ured adequately so that nll displacement from alignment will occur during placing of Cllncrete. - PAIn J - EXECUTION - 3.1 POUHED IN PLACE CONCRETE A. The Contractor is responsible for the complete construction and/or installation of all concrete walks. curbs and other concrete work in accordance with the contract drawings and this specification. Provide materials necessary to ensure adequate protectiun of concrete during inclement weather before beginning installation of concrete. Before beginning concrete placement. inspect formwork. reinforcing steel. and items to be embedded. \l'rifying that all such work has been completed. If needed. provide runways for wheeled equipment to convey concrete. Do not support runways on rei nforci ng or wheel equi pment directly over rei nforci ng. E Schedule continuous p!Z1cement of concrete to prevent the formation of cold joints. - Ii .. c - D. l1li r. Provide construction joints if concrete for a particular clement or component cannot be placed in a continuous operation. C. Deposit concrete as close as possible to its final location. to avoid segregation. - H. I. Subgrade: All large stone. organic material. soft cJay. spongy material and other deleterious matter exposed dUling the course of preparing the subgrade shall be excavated and replaced with the specified base course material. The subgrade shall be properly shaped and uniformly compacted to conform to the accepted section. line and grade as indicated on the contract drawings. Aggregate Subbase Course: The base course for pavements shall consist of compacted aggregate placed on the prepared subgrade to the depths indicated on the contract drawings. Roll or tamp aggregate with an approved power roller or mechanical tamper until it is firmly compacted. Forms: Forms for the concrete shall preferabJy be of metal. free of warps. or kinks. and of sufficient strength to withstand the pressure of the concrete. SecureJy stake forms and ensure that they remain true to line anc! grade throughout pouring and curing of concrete. Contractor shall obtain approval of forms for horizontal alignment from the Owner's Representative prior to placing concrete. PlacinC! of Reinforcim!: Immediately prior to placing concrete. plZlce ~lll required reinforcing in the forms in accordance with the contract drawings. Place reinforcing mesh in such a mZlnner that sheets of mesh overlap adjoining s'wets by a minimum of 6" hoth 10n(2itudinally and transverselv. - .. - .. - - .. ! 1,:':0 1 ~ .. - - - - - - O. - p - - - - T U - - v. w - - - - - - TO\VN OF W APPJNGER ROBJNSON LANE BASEBALL FJELD IJAl1J}7 CONCRETE PA VEMENT. SJQEW ALKS AND CURBJNG 02751-3 L Place mesh on brick chairs 2" above the surface of the subgrade. No reinforcing shall cross expansion joints. Any mesh benL displaced or ruptured during handling shall be straightened or rewelded. All outside edges of mesh (or reinforcing) shalJ not be more than 3" or less than I -1l2" from the finished edges of the pavement. Placing: and Finishing: of Concrete: Place al] concrete in forms within 45 minutes of mixing. Discard any concrete in which an initial set has occurred pllor t'o placing. No retempering of concrete wi]] be permitted and concrete shall not be dropped more than ]'. ImmeJiate]y prior to placing of concrete, the base course and subgrade shall be moistened. Place concrete in the forms to the full depth as indicated on the contract drawings and thoroughly vibrate or tamp, ensuring that all honeycombing is eliminated and the surface of the concrete is true to line and grade. Do not use vibrators to move concrete laterally. Screeding: Strikeoff to required grade and within surface tolerances indicated. Verify conformance to surface tolerances. Correct deficiencies while concrete is still plastic. Bull Floating: Immediately following screeding, bulllloat or darby before bleed water appears to e I i minate ridges, fi 11 in voids, and embed coarse aggregate. Recheck and COITect suli'ace tolerances. Surface shall be smooth, even finish, free of any design swirls, float marks etc. Do not perform subsequent finishing until excess moisture or bleed water has disappeared and concrete will support either foot pressure with less than 1/4-inch indentation or weight of j1uvler Jloats without damaging flatness. Finish in accordance with the pattern and finish indicated on the contract drawings or as a s t :lIldard pract ice. Final 1l0ating: Float to embed coarse aggregate. to eliminate ridges, to compact concrete. to consolidate 1l10J1ar at sud'ace, and to achieve uniform, sandy texture. Recheck and cOlTect surface tolerances. 1\'1. N. Q. R. s. Broomed Float Finish: After lloating and when water sheen has practically disappeared. apply uniform transverse con-ugations approximately 1/16 inch deep, without tearing sUlface. All pavement edges shall be tooled to round. Along each side of expansion joints, use Goldblatt Edger 2" wide. 3/8" radius. 1/2" lip, Catalogue No. 06260M7 or approved equal. For score joints. use Goldblatt bronze grooveI' bit size 1/2" at top, I" deep, 4- J 12" wide, Catalogue No. 063 I M 7 or approved equal. Curb face shall be hand rubbed to remove all form markings. Slab Surface Tolerances: I Achieve !lat. level planes except where grades are indicated. Slope uniformly to c1rai ns. Floated finishes: Depressiuns between high spots shall not exceed 5/16 inch under a ] O-foot straightedge. x Jointing: Intervals in pavement surfaces shall not exceed 20' on center in any direction Expansion joints shall go through curb as well and to the full depth of curb. In (jddition. place expansion joints wherever concrete pavement abuts building wa]]s, retaining walls, stairs. etc. Place expansion joint filler to the specified width in all expansion joints and to within 112" of the surface of concrete work where indicated on the contract drawings. II'""' TOWN OF WAPPINGER HOBINSON LANE B/\SEBALL FIELD 114] 2.07 CON~RETE PA YEJ\lENT. SIDEWALKS i~ND CURBIt{~ 0275 1-4 Y. z. A;\ BB. Cc. DO. - Allow concrete pavement to cure a mini mum of 10 days prior to the ti me of installation of joint sealer. ]nstall joint sealer after joint is thoroughly clean and one application of primer has been uniformly and continuously applied and thoroughly dried. Control Joints: Joints shall be straight. Joints not straight will require removal of the concrete and replacement. Joints shall be cut to a depth equal to the depth of the concrete divided by 3 with]- 1/4" minimum (therefore a 'i" deep slab Illust have control joints cut to .'1" + 3 = 1.7"). Control Joints shall be performed as soon as possible aftn slah finishing without possibility of dislodging aggregate. Joints Sh~lll be cut as close as 110ssiblc to verticil obstructions. use a handsaw if necess~lrY . - - - Curing and Protel,tion: Cure concrete ~IS indiczllL'd undn section WORKf'yl;\NSHIP of this specification. Pro\t'ct all concrete worK hy means pf a watnpropf paper covering (conforming to ASTM ('.171.69). from traffic ~l1ld the elements. for a minilllulll of 3 days. Do ne>t open pavement to traffic until the Chvner's Representative so directs. Backfilling: BacKfill all concrete work illlmedi,ltely altn removal of the forms. Fill materia] shall be an approved earth or the required aggregate material. Place ~l1ld compact all backfill material in accordance with the standards as outlined in the other Division 2 Sections and to the line and grade indicated OIl the Contract Dravvings. Surface Sealant for Concrete Pavement: Immediately upon completion of the concrete curing period apply two coats surface sea]ZIl1L by means of an approved mechanical pressure spray distributor. capabk of maintaining a pressure of 20 to ]0 pounds per square Inch, to pavement surfaces which have been cleaned and thoroughly (hied. Apply each coat of surface sealant. at the rate specified by the manufacturer. to all e\posed surfaces llf L'.\terior concrete. Allow specified time to dry tho]'(lughly betvveen applications ExerCIse care in the use of surhlCe sealant solution and avoid causing damage or harm to prope11y and persons in the immediate vicinity llf the sprzlY operatIon. - - .. - - - A. 3.2 WORK1VIANSHIP - B. c. D. All concrete work shall be first quality and in strict accordance with line and grade and the dimensions indicated on the contract drawings. The average thickness (If concrete pavement shall not be deficient by more than 1/4". Any concrete work not constructed or installed in accordance with the contract drawings will not be accepted and shall be removed and replaced at the Contractor's expense. Seasonal Limits: No concrete "hall be poured on a frozen or thzl\ving subgrade during inclement weather (lr when the temperature of the air is less than 38 degrees F. Prolcct all concretl' surfaces Irom traffIC dnd the actlUns of the elements Ullt] I surface sealant solutions completely dry. Provide barricades ,md/or fencing as required, or as directed by the Owner's Representative. All horizontal and vCJ1icaJ alignments shall be smooth. No abrupt changes in grade or horizontal alignment will be accepted. - - - - A, 3.3 REMOVAL OF EXISTING CONCRETE .. B, ;!! (,i ~I)] : Saw cut surfaces or drill holes at regular intervals sufficient to establish a fracture plane for removal by power tools. Salvage all eXIsting reinforcing: do not cut away until specifically directed bv the Owner's Represent<ltive. or as shovvn on the Contract DraWings. lIIliIl - .. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD - 11412J21_ CONCRETE PAVEMENT. SIDEW,-~LKS AND CURBING 0275 I -.') c. New work bonded to existing work: I. Clean and roughen existing surface by sandblasting. water blasting. scabbler. or other ap- proved method. 2. Embed dowels and reinforcing as detailed on the Contract Drawings. 3. Apply bonding agent applied in accordance with manufacturer instructions. - ... I). Existing work cut away for new work. I. Saw cutting and removal shall continue to within ]/4" of the finished surface. The final 1/4" removal shall be completed by grinding to the final surface. Cut existing reinforcing bars 1/2" below the surface. Coat with anti-corrosion protective coating Grout holes. Provide bond breaker where new concrete work is adjacent to existing work but structur- ally sep~lrate. I ... - ) .~ . - END OF SECTION 0275] - - - - - - ... - ... ... - - .. ! '<21112 - - - - - - - - - - - - - - - - - - - - TOWN OF WAPPINGER UAI2.07_ ~__ ROBINSON LANE BASEBALL FIELD __CHAIN LINKEfJ'{CFS AND GATES . .---.mlS1L=--l SECTION 02821 - CHAIN LINK FENCES AND GATES CiENERAL RELA TED DOCUMENTS Drawings and general provisIons of the Contract. including Ceneral and Supplementary Conditions and Division I Specification Sections. apply to wurk uf this section. SUMMARY OF WORK Furnish and inst~ll] al] framework. L1hric. pusts. g~1tes and z1L'cessories fnr chain link fencing. backstop zmd g~lles QUALITY ASSl.'RANCE The fence installer sh~t1l supply three references for projects involving the installation of commercial qual- ity fencing. including name zmd telephone number of person for each reference. Installation: ANSI/ASTI\I F567. Layout Personnel: Layout nf fence line shall be performed hy qualified surveyors or representatives of the fence supplier All fence and gate materials and installation shall be furnished and installed by a single firm. DEFINITIONS Corner POqs: Posts ]ocz\ted 8t a change in horizontal alignment. End Posts P(lQS ]oc~ltcd ~lt the beginning or end of a length of fence. Gateposts: Posts that support the weight of a gate as shown on Contract Documents or specified herein. Gateposts may function also as terminal posts but generally are sized differently. Line Posts: Posts between terminal posts. Pull Posts: Posts located within a length of fence at certain distances. and at changes in vertical alignment. to Lllllitate Slrctchmg of fJbric. TcrminJI Pusts: Posts set \vhere fence fabric terminates. ,md between which the fabric is stretched: a term thJt includes end. corner. and pull posts. SUBMITTALS Submit manufacture's catalog cuts and product data. Indicate post sizes. and materials: protective cOJtings (if required): Llhric materials. dimensions. sizes. and characteristics: and accessories. WARRANTY IGUARANTEE Provide Ovvncr with written. unlimited five (5) year wJrranty on all fencing installations. agreeing to re- place or repal r a 11Y damage tu any product installed as part of the \\ork of t hi s Sccti on. i I' the pmcJuct shows defects. early wear. maltunctiun. ur other deterioration not Ci\Usec! Iw mistre~llment or norm,ll usage TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBALL FIELD CHAIN LINK FENCES AND GATES 02821 - 2 .. Warranty period to commence on the date of substantial completion of the entire project. not necessarily the date of substantial completion of the work of this Section. - PRODUCTS MATERIALS - Framework: Type I Round Post: Schedule 40 steel pipe. standard weight. one piece. without joints. galva- nized. - Fabric: i\STM A392 Type I. galvclllized. - CHAIN LINK FENCE COMPONENTS Fence and Cates 1. Line Posts: 2" O.D. for fabric height less than 6 feet. 2 1/2" for fabric height greater than or eqllal to 6 feet or as shown on Contract Documents. 2. Corner, terminal and gateposts: 2 1/2" 0.0. for fabric height less than 6 feet. 3" for fablic height greater than or equal to 6 feet. 3. Top. rnid. bottom rail. brace rail. and gate bracing: 1 5/8" O.D. plain end. sleeve coupled steel pipe. 4. Swing Gate frame: ] 5/8" O.D. steel pipe for fittings and truss rod fabrication 5. Fabric: 2-inch diamond mesh steel wire. interwoven. top and bottom knuckled selvage. see Contract Drawings for gage. All fabric shall be black. vinyl coated. h. Caps: Cast steel or malleable iron. galvanized. sized to post dimension. set screw retained. 7. Fittings: Sleeves. bands. slips. rail ends. tension bars. fasteners and fittings: steel. galvanized. 8. Swing Gate hardware: Center gate stop and drop road. two I SO-degree gate hinges per leaf and hardware for padlock. - - - - - - FINISHES. ALL MEMBERS, FABRIC, AND ACCESSORIES CJalvanized finishes shall as per ANSI/ASTM A123. 2-ollnce/sqllare foot. 600-gram coating. - If vinyl fabric is specified on the Contract Drawings. fabric and framework shall be as same as described above except also provide fence framework in manufacturer's shop-applied vinyl COMing. Use a 9-gallge core with a thermally fusion bonded finish. Color shall be black. - EXECUTION - EXAMINA TION Verify that line of fence has been properly identified. - Verify that encroaching fences. :;tructures. or other items of neighbors within the property line of this par- cel have been removed by others prior to the start of the work of this Section. Notify Owner and Owner's Representative in writing immediately if encroaching elements of neighbors have not been removed. Removal of neighbors' encroaching property is not included in the scope of work of the General Construction Contract. - - Verify that proper grade has been established. Verify location of underground lIlilitie:; and :;tructure:;, whether nl'\\, existing tcJ remain. l'Xi:.tlllg to he removed. (lr existing l(\ I'e rl']ocatcd (\r ~dtcred - .. TOWN OF WAPPINGER ROBINSON LANE B;\SEBALL FIELD _ 11412.07___________CHAIN LINK F.fN.CES ANDC.L\TE$._______ _____J2.282J..-:J Begin fence construction only after adequate clearance on both sides of fence is av,lilabk - CHAIN LINK FENCE INSTALLA TION Fence - - 9. Install framework. fabric. accessories. and gates in accordance with Contr:lct Dra\vings For ,lthlctie fields. fabric shall be placed on the playfield side of framing No bolts. tie.s or braces shall protrude to\vards playfield side 10 Provide fence heights as shown on the plans. I I. Space line posts at interv,l1s not exceeding I (Y. LlC:1\e terminal pnsts ,1\ the beginning cll1d end nf each cuntinuc1us length of rcl1L"e. at abrupt chclllges in line Ilr glo;llk. cllld adclJtionally at intervals not to exceed 'i00 feet. or as otherwi.se sho\vn Iln the drawings. Install posts in proper :lhgnmellt. l2. Set all posts plumb in concrete footings with top (If footing flush wilh grade. Slope top of concrete for water runoff. Footing depth below finish grade ciS shown Cln detclils. Securely brace posts in proper position untll concrete has cured at least 3 days above (10 degrees F. Bottom of concrete PC)st anchors shall rest on undisturbed l',lrth or comp:lcled subgr,lde. Excavation shall be free of loose materials when placing concrete. 13. Provide top rail through line post tops and splice ",'ith 6" long rail sleeves 14. Stretch fabric between terminal posts nr at intervals of 100' maximum. whIChever is kss. 15. Position bottom of fabric]" above finished grade or as shown on Contract Drawings. ] 6. Fasten fabric to top rail and braces with wire ties. maximum I f;" on centers. ] 7. Fasten fabric to line posts With wire ties. maXIllJum IT on Cl'nters. ] 8. Install swing gates with fabric to match fence. Install per leaf: three hinges. latch. catches. drop bolt. and torsion spri ng reUliner. 19. Neally trim all lies so ,1S to prevent sharp edges from protrudlllg - - - - - - Gate Installation 20. Install gates in accordance with manufacturer's instructions. plumh. level. :lnd secure for full opening without interference. 2]. Cates shall oper,lte freely Without binclJng or dr<lgglllg and shall be easily operable by h a ncl. 22. Install gatekeeper and plunger bar latch on gates: lock gates and turn over keys to Owner or fasten lock chain securely to gate. - - ADJUST AND CLEAN - Adjust hardware for smooth operation and lubricate where necessary. PROTECTION - Protect completed work from damage. Repair or replace any damaged work Replace items where the fin- ish has been scratched or removed down to hare metal. - END OF SECTION 02821 - - - - - TOWN OF WAPPINGER 11412.07 ROBINSON LANE BASEBf\LL FIELD SITE AMENITIES .____.~Jl2ltIQ.J. - - - 1.1 /\. - 1.2 A. - - 1.3 - A. B. - 1.4 A - - 1). - 1.5 A - SECTION 02870 - SITE AMENITIES PART 1 - GENERAL RELATED DOCUMENTS Drawings and general provisions of Contract. including Genera] and Supplementary Conditions and Division 1 Specification Sections. apply to work of this section DESCRIPTION OF 'YORK This section includes provisions for furnishing and installing all site ;\Illenitil"; as shown on the drawings and as specified herein. The work includes. but is not necessarily limited to the follow- Il1g: 1. Flagpole 2. Athletic Ficld Amenities :1. Signage REFERENCES New York State Manual of Uniform Traffic Control Devices (MUTeD). New York State Department of Transportation "Standard Specifications" (NYSSl ;IS Issued J~11l1l- ary 2002 (and any subsequent revisions). QUALITY ASSURANCE All site amenities shaJl be produced in a plant of recognized reputation thot IS regularly engaged in the production of the type of site amenity conforming to the speCified standards. Site amenities of the same type shall be the product of a single manufacturer. Only products proven non-toxic are acceptable. Products used may 110t cunWln any rccycled wood products or any wood containing paint, chemicals (including but not limited to Chromated copper arsenate (CCA)) or additives. SUBMITTALS Shop drawings and manufacturer's literature including technical and installation information for each amenity specified. - A. 1.6 DELIVERY, HANDLING, AND STORAGE B. - c. - Store all material so they can be easily inspected and so they will nut be damaged prior to lnswl- lation. Materials shall be moved, loaded. and unloaded such that they will not be subject to excess stress. Permanent clistortion or other damage atllibutable to the Contractor's operation shall be cause for rejection. Matelials shall be stored off the ground in a manner that will not allow distortion or other damage to occur. - 1.7 SEQUENCING AND SCHEDULING ,\. Coordinate relocation ~ll1d installation of site amenities with earthv\ork. utility installations. con- crete and asphalt sidn\alb.landscape plontings. topsoil spreading. ;lJlcl seeding. - - TOWN OF W t\PPINGEI< ]I4]2~.__ ROBINSON LANE BASEBALL FIELD __SITE.!\l\lENITIES 02870-2 - B. Installation of site amenities Il1 ,my courtyard ,lreas shall be courdinated with the erection of the building. such th,lt all amef11ties can be installed properly Use of the existing building for access of materials to the courtyard areas shall he minimi7ed and coordinated with the Owner. Coordinate location and insta]lation of site amenities with remov;lls. earthwork, eJectric:al services and associated PVC skeving ZlIld conduits. concrete/asphalt/ p;ner sidewalks. landscape plant- ings, topsoil spreading. and ()ther insulllations. Exc,l\ation: \Vhen conditions detrimental to ;ll11enity installation ,1re encountered. such as rubhle fill. ,ldverse dr,llnz1ge conditions. ohstructlOns or unsuitable materials. notify the Owner's Repre- sentatlVC. before cU11111lencing I!1st,lilzllion. - .. c. .. D. .. PART 2 - PHODUCTS 2.1 FLAGPOLE .. A. Flagpole shall be IZlpered aluminum f1agpcdes with top ornament with an aboveground height of 25 feet. Internal halyard with revolving truck and internal winch with removable crank handle. Butt diameter shall be 5" with taper. wall thIckness of 0.156 inches. Color shall be bronze ano- dized. Flash Collar shall be ] 2" diameter with hronze finish, with an aluminum hall with bronze finish, )" diameter. .. - 2.2 ATHLETIC FIELD AMENITIES A Base Lugs. Pitching Rubber. H\lme Plate bleh hasehall field installation shall include one set of removable bases with permanent ground ,mehor lugs ;1I1d plugs. pitching rubher and home plate. as supplied by Schutt Hollyw(1ud. or equal. Player Bench - 15-foot long aluminum player bench with backrest. Permanent installation ground mount. - - B. 2.3 SIGNAGE .. A. Signs shall be aluminum sign panels in conformance with NYS Manual of Uniform Traffic Con- trol Devices, latest revision or as indicated on the Contract Drawings. B. c Size, number of signs. MUTCD/Order No. color. sign material. and mounting location shall he as specified on the Contract Drawings. Steel Tubing: Square structur,11 qeel tubing ASTM AS 1 j to size and thickness designated on the Contract Plans. - - PART j - EXECUTION .. 3.1 GENERAL A. Stake out location of all site amenity items and ohtain approval from Owner's Representative be- fore installation. - 3.2 FLAGPOLE - A. Flagpoles shall be installed as shovv'n on the Contract Drawings. Exact locations sha1l be deter- mined by the Owner's Representative in the field .. - .. - TOWN OF WAPPINGER 11412.07 ___. __._~. 3.3 - A. - 3.4 - A. - - - - - - - - - - - - - - - ROBINSON LANE BASEBALL FIELD SITE AMENITIES 02870-3 A THLETIC FIELD AMENITIES All athletic field equipment shall be installed in accordance with manufacturer's recommenda- tion. at locations shown on the Contract Drawings and/or in conformance with Little League re- qu i re ments. SIGNAGE Signs shall be installed as shown on the Contract Drawings. The actual locations designated on the Contract Drcnvings shall he reviewed in the field with the Owner's Representative prior to in- stal!C11ion. END OF SECTION 02870 - - - - - - - 1.3 - A. 8 - 1.4 A. - 8 - - - - - - - - - TOWN OF W APPINCER 1812.07 ____~_ ROBINSON LANE BASEBALL FIELD SITE ;-\f\JENITIES 02870-1 SECTION 02870 - SITE A]\IENITIES PART I - CENERAL 1.1 RELATED DOCliMENTS A. Drawings ~lIld general provisiolls of Contract. including Cenera] and Supplementary Conditions zlIlcl Dj\isiun I Specification Sections. ~1pply to work of this sectioll. 1.2 DESCRIPTION OF WORK :\. This scctiun includes provisions for furnishing zmd installing all site amenities as shown on the drawings and as specified hercll1. The wor" includes. but is not necessarily limited to the follow- mg: ] Flagpole 2. Athletic Fie]d AmenitiC's ~. Signage REFERENCES New Yor" State Manua] of Uniform Traffic Control Devices (MUTCD). Ne\\ YC)I" Stille Depilrtmel1t of TranSp()rt~ltjol1 "Standiml Specifications" (NYSS) as issued Janu- ary 2002 (and any subsequent revisions). QUALITY ASSURANCE AI] site amenities shall be produced in a plant of recognized reputation th;]t is regularly engaged in the production of the type of site amenity conforming to the specified standards. Site amenities of the Sill1le type shall be the product of a slllg]e manufacturer. Only products proven non-toxic are acceptable. PrClducts lIScd may not contain any recycled wood products or any wood containing paint. chemicals (including but not lilTuted to Chromated copper arsenate (CCA)) or additives. 1.5 SUBMITTALS A. Shop drawings and manufacturer's literature including technic;]] and installation information for each amenity specified. 1.6 DELIVERY, HANDLING. AND STORAGE ;\ Store all material so they can he easily inspected and so they wllJ not be ddl11aged prior to instal- lation. B. Materia]s shall be moved. loaded. and unloaded such that they will not be subject to excess stress. Permanent distortion or other damage attributable to the Contractor's operation shall be cause for rejection. Materi;lIs shall lit' stored off the groumJ in a manner that will not allow distortion or other damage to occur. c. 1.7 SEQUENCING AND SCHEDULING .'\. Coonlin:ltc relocation and instZlllation of site amenities with e;lrthwor". utilit\ installations. con- crete and :lsphalt sidC\valks. Lll1uscape plantings. topsoil spreading. and seeding. ROBINSON LANE BASEBALL FIELD SITE AMENITIE~ 02870-2 TOWN OF WAPPINGER 11412.07 .. B. Installation of site amenities in any courtyard areas shall be coorJinated with the erection of the building. such that all amenities can be installed properly. Use of the existing building for access of materials to the courtyard areas shall be minimized and coordinated with the Owner. Coordinate location and installation of site amenities with removals. earthwork. electrical services and associated rye sleeving and conduits. concrete/asphalt/ paver sidewalks. landscape plant- ings. topsoil spreading. and other installations. Excavation: When conditions detrimental to amenity installation llre encoulltered. such as rubble fill. adverse drainage conditions. obstructions or unsuitllble materials. notify the Owner's Repre- sentative. before commencing installation. - - c - D. - PART 2 - PRODUCTS 2.1 A. FLAGPOLE - Flagpole shall be tapered aluminum flagpoles with top ornament with im aboveground height of 25 feet. Internal halyard with revolving truck and internal winch with removable crank handle. Butt diameter shall be 5" with taper. wall thickness of O. I 56 inches. Color shall be bronze ano- dized. Flash Collar shall be l2" diameter with bronze finish. with an i1]uminum b~lll with bronze finish. 5" diameter. - - 2.2 ATHLETIC FIELD AMENITIES A. Base Lugs. Pitching Rubber. Home Plate - Each baseball field installat10n shall include one set of removable bases with permanent ground anchor lugs and plugs. pitching rubber ,md home plilte. as supplied by Schutt Hollywood, or equal. Player Bench - 15-foot long aluminulll player bench with backrest Permiment installiltion ground lllount. - 4IIIIi B. 2.3 SIGNAGE - A. Signs shall be aluminum sign panels in conformance with NYS Manual of Uniform Traffic Con- trol Devices. latest revision or as indicated on the Contract Drawings. B. Size. number of signs. MUTCD/Order No.. color. sign material. and mounting locatIon shall be as specified on the Contract Drawings. Steel Tubing: Square structural steel tubing ASTM AS] 3 to size and thickness designated on the Contract Plans. - - c. PART 3 - EXECUTION - 3.1 GENERAL A. Stake out location of all site amenity items and obtain approval from Owner's Representative be- fore installation. - 3.2 FLAGPOLE - A. Flagpoles shall be installed as shown on the Contract Drawings Exact locations shall be deter- mined by the Owner's Representative in the field. - - .. - TOWN OF WAPPINGER ] J4] 2,07 3.3 - t\, - 3.4 - A, - - - - - - - - - - - - - - - I\OBINSON LANE BASEBALL FIELD SITE AJ\1ENITlES ______~70-3 ATHLETIC FIELD AMENITIES All athletic field equipment shall be instztlled in accordance with manufacturer's recommenda- tion, at locations shown on the Contract f)rawjn~s and/or in conformance with Little League re- quirements, SIGNAGE Si~ns shall be installed as shown ()Jl the Clll1traCI DrZl\\lllgs. The actual locations designated on the Contract Drawings shall be 1"l.'VICWl'c] in the field with the Owner's Representative prior to in- st,111zl1i (111. END OF SECTION 0::':-\70 - - - - - - - - - - - - - - - - - - - TOWN OF WAPPINGER ] ]4]2.07 ROBINSON LANE BASEBALL FIELD TURF Al'lD C;RASSES 02920 - I SECTION 02920 . TURF AND GRASSES PART] - GENERAL 1.1 RELATED DOCUMENTS A.. Drawi ngs and general provisions of t he Contract. i nc luch ng Ceneral Z1I1e! Supplement ary Comli- tions and Division] Specification sections. apply to work of this section. 1.2 SlJMMARY OF WORK A. Installation of new ](]wns in non-athletic field ~lreas. B. Restoration of lawn Z!re(]s disturbed hy construction. 1.3 QUALITY ASSURANCE :\. Contractor shall retain for inspection the following items: I. Product packaging label for (]]] seed (]nd fertilizer. bearing the (]nalysis of the contents. and in sufficient quantities to meet the requirements of the project. 2. Topsoil receipts with materi(]] analysis (organic content). B. All work in conjunction \vith lawns and lal1llscaping shall he performeclunder tIll' direction (1) individuals experienced in the establishment of lawns. 1.4 WARRANTY A. Provide a uniform stand of grass by watering. mowing. anclmaintaining lawn areas until fin~lI acceptance by the Owner's Representative. Reseed seeded areas which fall to provide a uniform stand of grass. with specified materials until a]1 affected areas are accepted by the Owner's I<.ep- resentative. PART 2 - PRODUCTS 2.1 FERTILIZER A. Granu]ar. not less than 50% slow release. analysis: ]. Starter Fertilizer: ] 8-24-3. 2.2 LA WN SEED A. Grade A quali ty. fresh and recleaned and proven to produce satisfactory growth in the locality of the project. Seed Mix: Fresh. clean and from currentseason's crop. delivered in original packag- es. unopened. bearing guaranteed analysis. Seed shall meet State standards of germination ane! purity and specific to the USDA plant hardiness zone for the project site. 1. Composed of the following varieties. mixed to the specified proportions by weight I All ]awnsare to he seeded at a rate of 4 pounds per 1.000 SF with mix consisting of: Common Names Perennial rye Kentuckv bluegrass ,---c;:,I~~epi ng rejJescue Parts I 34CJc . 339C __ 1..~~J TOWN OF WAPPINGER 11112__Jl7 ROBINSON LANE BASEBALL FIELD __'___ILJJ~LA1'{I)GRASSES 02920 - 2 - 2.3 .IV1ULCH A. 2.4 A. - Straw Mulch: CJean oat or whe~lt straw well seasoned bcfure baling. free from mature seed bear- ing staIb or roots of prohibited ur noxious weeds. WATER .- Free of substance harmful to plant growth. Hoses. pumps. sprinklers or other methods of distribu- tion furmshcd bv Contractor. Water and tLncling sprinkler shall be provided by the Owner. - 2.5 TOPSOIL A. 2.6 A. B. c. - C;eneral Topsoil 1. Appruved topsoi1. obtained from excavation and grading work or if insufficient material (either qU~lntity and/or quality) is available. it shaJl be imported. All topsoil shall be depth as indicated under SpreZlding Topsoil of this specification. Topsoil - shall be the surLlCe layer of soil with no admixtures or materi~lI toxic to plant growth. Care should be taken to limit the amounts of subsoil refuse. roots. branches. stones. clay lumps. similar objects larger than one-inch, and other debris mixed with the topsoil during stripping and stockpiling. Sod Zlnd herbaceous growth such as grass and weeds need not be removed but shall he thoroughly broken up during the pulverizing process. Imported topsoil shall meet the following requirements: ~l. The pH of the material shalllw between ''is and 7.6. h. The urgalllc content shall be nut less than 2'; or more than ]5(;. c. Clradation requirements (by weight) shall be 1001'; passing the r sieve. 85-] 000'c passing the I" sieve (100(,~ fur athletic fields). and 20-800/c passing the #200 sieve All topsoil utilized for athletic field construction shall have a maximum particle diameter of I". The Contractor shall be responsible for amending imported topsoil with approved materi- als and by approved methods to meet the above specifications. at no additional cost to the Owner The material shall be stockpileJ and tested plioI' to use on the project. The pro- cessed topS01] is subject to approval by the Owner. s Representative. - ') - - , .' . - - 4. - SEEDING ACCESSORIES - Weed Killer ]. If necessary in the opinilln of the Ovvner's Representative. an application of broad leaf weed killer may he required prior to final accept:mcc - Mulch Tackifier 1. Apply ligUld tackifier uniformly at the rate of 60 gallons per acre. if needed. to keep straw mulch in place. - - Ground Li mestone I. Shall be applied at a rate sufficient to adjust pH to between 6.0 and 7.0 as determined by the testing laboratory. Rate of lime application not to exceed 50 pounds per 1000 sf. 2. Calcic or dolomitic ground limestone. J. Shall contain not less than 85ch: of total carhonates. 4. Magnesium oxide - ]()c7r minimum content for dlllomitic and high magnesium limes. S. Sieve Analysis - :It least SCY/( will pass through :1 Nu 100 mesh sieve and 9OC::;' will pass through a No. 20 mesh sieve. r.. CO,l!'scr m,ltl'r1~i1 may be used providing the r,ltt'S ()f applic:nion arl' inLTl'ast'd as approved by the 0\\ nL'!"" Rl'prcsenLltJ\c. - - - - - - - - - - - - - - - .. .. G. - H. .. - TOWN OF WAPPINGER J1412.07 ________ ROBINSON LANE BASEBALL FIELD TURF AND GRASSES 02920 - 3 PART 3 - EXECUTION 3.J PREPARA nON A Verify that all underground and above ground work has been completed to the point where top- soiling. fertilizing. seeding and mulching operations may properly commence without unneces- sary di sturbances at a later date. 3.2 SPREADING TOPSOIL A. In ,1reas to be seeded or sodded. provide topsoil to a minimum compacted thickness of 6 inches In the event that insufficient topsoil is not available from stripping the area to be excavated. the Conlral.tor shall import enough additional topsoil to make up the deficit at no additional cost to the Owner. B. Loosen all ground surfaces to a minimum depth of 2" to facilitate bonding of the topsoil to the subgrade. Use discs. spike-toothed harrows or other approved means. c Clean surface of subgrade of all stones. sticks and rubbish larger than 2" (1" in athletic field are- as) in size and all litter and detrimental materials. Do not spread topsoil untiJ the Owner's Repre- sentative has approved the previously established subgrade. Spread topsoil evenly on the ap- proved prepared subgrade and lightly compact. D. Carry out spreading so that turfing operations can proceed with a minimum of soil preparation or tilling Do not spread topsoil when the ground is frozen. excessively wet or otherWIse in a condi- tiun cll'trimcnwl to the work in conformance with alllcgal requln.'ments and in ,\ manner acccpt,l- hie to the Owner's Representative. E. Finished Grades: Shall be understood to be final spot grades and contours indicated on the Con- tract Dra wi ngs Whe re fi nal spot grades or new contours are not indicated. fi ni shed gracles Sh,lll be uniformly level or sloping between points for which elevations are given or contours are shown or shall be graded to the elevations which previously existed. However, final surface grades shaJj afford positive drainage of all areas at all times. F. Tops and Bottoms of All Slopes: Round tops and bottoms of slopes and drainage swales. Adjust and warp slopes. at intersections of cuts and fills. to flow into each other or into the existing natu- ral ground surface without noticeable break. Cuts and fills shall have a maximum slope of 3' hori- zontally to I' vertically. unless otherwise shown on the contract drawings. Fine Crading Lawn Areas: Bring the grade of areas to receive hnvns to a uniform level slope. <IS determined by the use of surveying instruments. by discing. hillTowing and other methods ap- proved by the Owner's Representative. When establishing finish grades. remove and dispose of all clods. hard lumps. stones and rocks. roots. Ii tter and other foreign matter not passing through the teeth of a hand iron rake. Tractor drawn rakjng equipment that compacts lawn areas will not be allowed. Dispose of all such mate- rials off-site. 1. Remove all topsoil spilled on highways. shoulders. sidewalks. driveways and other surfaces for which topsoil is Iwt specified or required. - - - ROBINSON LANE BASEBALL FIELD TljEE/\>i\JD...CRASSE-,'l . ________ __~ 02920 - 4 TOWN OF WAPPINGER I 141 Ll2L......____________. 1. - Settlement: l'vlaintain ground surL1ces to the finish grades shown on the Contract Drawings. and deposit whatever additional topsoil that may be required to correct any settlement or erosion that occurs prior \0 the date of issuance of the Certificzlte of Final Acceptance. The surface upon which additional topsoil is to be deposited Sh;lll be raked or otherwise satisfactorily prepared to ensure a proper bond. Fill hollows that develop from settJing. to the finished elevations. with ap- proved tOpSOI] Finished lawn areas shall be left sufficiently high to meet all paved JreJS JIlll catch basins after settlement. - - 3.3 SEEDING LAWNS ARE'\S - A Seeding Limits: AlI groulld ,lie;! wJthill the Indicllccl eOlltr,lct limit 1Ines. or ZIIlY ,ldditiollJI ZlreJ which has beell disturbed ill any \VelY by the l'unslructioll operations. shall be fine graded and pbnted with lawn seed mi:\ ullless utherWJSl' indicated on the dr,mings to be cuvered with trees. shrubs. structure(s). walks. roads. or other surfaced Zlre;IS. - - B. Responsibility: The Cuntractor shall utilize elll such measures as may be necessary. including. but not limited to. protect i ve fellci Ilg. Slll] or erosi un COlltro I Iletti Ilg to produce a fi ni shed cont i nuous blanket of tud" over J]] areas designated to receive IJwns. - c. Liming (used when required to adjust pH of topsoil): 1. Apply separately at J rJte sufficient to bring the pH of the topsoil between 6.0 and 7.0 JS determined by the testing I:1b. prior tll fertilizing. seeding amI sodding. Lime mJY be ap- plied dry by spreader or <IS <In aqueous solution by sprJying Rate of lime application not to exceed 'i0 Ihs per lOOO sf. After application. worK ltme into the lOp]" of topsoil and redress surface to a smooth fin- ish. - - , D. Fertilizer (Dry) I. Apply fertilizer to indicJlccl lawn ;lrC;1S at a rJte equal to ]0 pound of actuJI nitrogen per 1.000 squme feet (430 pounds 01 fertilizer per acre). Apply fel1ilizers by mechanical rotary or drop type distributor. thoroughly and evenly in- corporated into sojl to a depth of 3". by discing or other approved method. Fertilize areas inaccessible to power equipment with hand tools and incorporate into soil. Restore prepared areas to specified condition if eroded. settled. or otherwise disturbed. JIter fine grading and prior to seeding - - 2. - , ,1. E. Seeding Operations (Lawns Only) I . Dry Seeding a Seed immecliJtely after preparatioll of bed Spring seeding hetv,/een Aplil I (or thereafter when ground becomes workJble) and June I. and Fall seeding between August l'i and October 1 'i. or at such other times acceptable to the Owner's Rep- resentative. h. Seed indicated areas. within contract limits and areas adjoining contract limits. dis- turbed as J result of construction operations. c. Perform seeding operations when the soiJ is dry and when winds do not exceed 'i miles per hOllr velocity. d. Apply seed with a rotary or drop type distributor. Install seed evenly by sowing equal quantities in two directions. at right angles to each other. e. Sow grass seed at rate recommended by seed vendor and Jpproved by the Owner's Representative. The total rate of seed Jpplication shall be based upon "new lawn" requi re me n t s. 1'. Apply Sl,1r1er fcrti]l/er 118-24-~) at ,\ r,1te of ] pound Nitrogen per 1.000 square feet - - - - - - .. - - - - - - - .. - .. - - - 3.4 A. .. .. B - C - D - - TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD U"J I 2.Q]_ ________________TURFAND GRASSES 02920 _ 5 ..., L. g. After seeding. lightly rJke or drag surface of soil to incorporate seed into top J/8" of soil. Roll with light lawn roller. Wet (Hydro) Seeding a. Contractor may apply seed and feJ1ilizer by spraying them in the form of an aque- ous mixture. \Vater used shall be fresh water free from injurious chemicals and other toxic substances harmful to plant life. b Equipment shall be of a type made specifically for this purpose and capable of maintaining a uniform mixture. even when not spraying. Use a hydromulcher (sprayer). c. Apply mlxture(s) at the following r3tes. Mix in accordJnce with mJnUf,lCturer's recol1ll11endat ions. Crass Seed: 100 pounds/acre (<;!3ndard): 175 lbs.lacre (athletic) Ferti liler 430 pounds/Jcre. Tackifier: 60 gallons/acre. Wood Cellulose Fiber Mulch: 2.000 pounds/3cre. d. Protect all paving. buildings. plantings and all nonseeded areas from over spraying of hydroseed mixture. Contractor shall clean up unwanted deposits at his ex- pens\.'. e. Roll seeded surfaces if mulch is not used and only after soil has dried. Roll with light lawn roller. f. A non-harmful color additive that colors the hydroseed mjxture green shall be add- ed to the mixture to allow visual metering of its application. The hydroseed mix- ture shall be sprayed upgrade and uniformly on the surface of the soil to form an absorbent cover. allowing percolation of water to the underlying soil ! t,,1ulchlng of Lnvn Areas (Lawns Only) ]. Place straw mulch on seeded areas within 24 hours after seeding. 2. Place straw Illulch uniformly, in a continuous blanket. at the rate of 2-]/2 tons per acre or two 50 pound bales per] ,000 square feet of area. A mechanical blower may he used for strJW mulch 3pplication, when acceptable to the Owner's Representative. l. Anchor straw mulch WIth liquid tackifier. applied uniformly at a rate of 60 gallons per acre. 4. Protect al I pa VI ng. bu j I dlf1gs. pJantlllgs and al 1 nonseeded areas from 11 quid tac ki fier over-spra y. Provjde straw bales checking in ditches or problem swales at intervals required to ade- quately slow water velocity and impede soil loss. 5 LA WN MAINTENANCE Maintain seeded areas. including watering. spot weeding. mowing, applications of herbicides. fungIcides. insecticides and rcseeding until a full. uniform stand of grass free of weeds. undesira- ble grass species. disease and insects is achieved. The Contractor shall maintain all seeded areas for a minimum period of 60 days after completion and final acceptance of seeding operations by the Owner's Representative. Water daily to maintain adequate surfJce soil moisture for proper seed germinatIon. Chvner to provide water and traveling sprinkler deVIce. Continue daily watering for not less than JO days. Thereafter. apply l/2" of water twice weekly until final acceptance. Repair. rework. ,wd reseed all areas where seed fails to germinate or where l'fosion. people. ve- hicular tr:1ffic. or other causes have clamag-ed seeded areas. I'vlow LlvvlJ areas ,I.' soon as Javvn top growth exceeds :1 .~" height. Cut back t() 2- 1/2" in height. Repeat 11l()\\in,lC <I' Il'lJuirl'l1 to maintain specified height of 2-1/2". ROBINSON LANE BASEB;'\LL FIELD __TURF AND c;B6SSES______~_ 02920 - 6 - TOWN OF WAPPINGER 11412.07 E. Apply fertilizer to lawns approximately 30 days aCter seeding_ at a rate equal to ].0 pounds of ac- tual nitrogen per 1.000 square feet. Apply with mechanical rotary or drop type distributor. Thor- oughly water into soil. - F. Maintain seeded banks. ditches. medians and fields. Regrade and reseed washed out or eroded areas as required. until a suitable coyer is established. - 3.5 FINAL'ACCEPTANCE - A_ Inspection to determine final acceptance of lawn or sod are;1S 'vviJl be made by the Chvner's Rep- resentative upon Contractor's request Prnvide 1ll1tlCi,'ation at least 10 \vorking days before rc- quested inspection date. I. Seeded areas will be c1Ceepwble provided ;111 requirel11cnts. including mall1tcnance. haw been completed and a healthy. uniform. close stanJ of the specifieJ grass is esulblished. free of weeds. undesirable grass species. disease and insects. 2. In areas requested to be inspected. no individual seeded areas sh;111 have bare spots or un- acceptable cover totaling more than 2(,; of the individual areas. ... ... B. Upon final acceptance of the seeding operations and completion of the maintenance period. the Owner will assume lawn maintenance. ... END OF SECTION 02920 - - - - - - - - - .. - ..