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HomeMy WebLinkAbout2636 2 CONTRACT SPECIFICATIONS FOR: Village of Rye Brook Building &Engineering Dept 938 Kng Street Rye Brook, New York 10573 RYE BROOK FIRE HOUSE DEMOLITION & ASBESTOS ABATEMENT PHASE Contract No. 02-07 For VILLAGE OF RYE BROOK 938 KING STREET RYE BROOK, NEW YORK 10573 I N Co ARCHITECT: SULLIVAN ARCHITECTURE C* 115 STEVENS AVENUE Co 0 VALHALLA, NEW YORK 10595 N Z 914-747-4004 as ... � � c CONSTRUCTION CALGI 1 EMC MANAGER: 221 UNION AVENUE NEW ROCHELLE, NEW YORK 10801 914-632-9423 DATE: AUGUST, 2002 Revision # 1 August 29, 2002 Revision # 2 August 30, 2002 TABLE OF CONTENTS (CONTRACT LEGAL DOCUMENTS) PAGE NO. INVITATION TO BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L - 1 SECTION I INFORMATION FOR BIDDERS A. CONTENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-2 B. DATE AND TIME OF FILING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-2 C. BID FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-2 D. INFORMAL BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-2 E. ACCEPTANCE OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-3 F. BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-3 G. ATTENTION DIRECTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-4 H. BIDDERS TO IN VESTIGATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-4 I. QUESTIONS REGARDING CONTRACT DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-4 J. TIME FOR COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-4 K. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-5 L. ABILITY AND EXPERIENCE OF BIDDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-6 M. BONDS REQUIRED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-6 N. INSURANCE REQUIRED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-6-9 SECTION II BIDDER'S PROPOSAL BIDDERS PROPOSAL (PROPOSAL PAGES 1-14) A. BIDDER'S PROPOSAL, SIGNATURE, ETC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-10-23 B. PERSONAL EXAMINATION OF WORK, SITE AND DOCUMENTS . . . . . . . . . . . . . . . . . . L-14 C. CANVASSING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-14 D. VARIATION IN QUANTITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-14 E. AGREEMENT TO CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-14 F. DAMAGES FOR FAILURE TO CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-14 G. STATEMENT OF NON COLLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-15 H. BIDDERS AFFIRMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-16-17 I. STATE LAWS AND REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-18-19 J. DEFAULT OF PREVIOUS CONTRACTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-20 K. CONTRACTORS DECLARATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-21 L. CERTIFICATION - EEO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-22-23 SECTION III NOTICE OF PREVAILING WAGE RATE PUBLICATIONS . . . . . . . . . . . . . . . . . . . . . . . PWR-1 PREVAILING WAGE RATES (7/l/02 -6/30/03 . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGES 1-48 SECTION IV CONTRACT AGREEMENT A. CONTRACT AGREEMENT 1. AIA Document A101/CMa, Standard Form of Agreement Between Owner and Contractor. (pages 1-8) B. GENERAL CONDITIONS 1. AIA Document A201/CMa, General Conditions of the Contract for Construction (pages 1-26) DIVISION 1 01250 SPECIAL CONDITIONS DIVISION 2 02000 SITEWORK 02050 Storage Tank Closure and Soil Remediation 02070 DEMOLITION 02100 ASBESTOS ABATEMENT I. Scope of Work II . General Procedures for Asbestos Abatement III. Project Specific Asbestos Abatement Procedures IV. Construction Safety Requirements V. Final Inspection/Certificate Prior to Demolition of Structure VI. Attachments END OF TABLE OF CONTENTS L-1 INVITATION TO BIDDERS FIRE HOUSE DEMOLITION PHASE CONTRACT NO. 02-07 Village of Rye Brook New York NOTICE IS HEREBY GIVEN that sealed bids for Fire House Demolition Phase will be received by the Village of Rye Brook on Wednesday September 25, 2002 at 10:OOAM at the office of the Village Clerk, and at which time and place the bids will be publicly opened and read aloud by the Clerk. No proposals will be accepted after said time and date. The work consists of the demolition of existing structures, asbestos abatement and related site preparation to prepare the site for the construction of a new Fire House. The Work is more fully described in the Scope of Work, Specifications and on the Contract Plans. Plans and specifications and other Contract Documents may be examined at the office of the Village Clerk, Village Hall, 938 King Street, Rye Brook, New York, and may be obtained at said office beginning Wednesday September 4, 2002 upon payment of $ 20.00 per set, non-refundable, payable in cash or check. A Pre-Bid meeting shall be held at the site located next door to the Rye Brook Village Hall on Thursday September 12, 2002 at 10:OOAM Bids shall be made on the Proposal forms furnished with the Specifications, and must be accompanied by a Bid Bond acceptable by the Village, in the amount of not less than 5% of the total amount of the Bid. Bidders who submit certified checks must accompany them with a Consent of Surety from a recognized Bonding Company. Checks shall be made payable to the Village of Rye Brook, New York and are to be held by the Village as a guarantee for the proper execution and delivery of the Contract and Bonds to secure the faithful performance thereof. In default of such execution and delivery of Contract and Bonds, the amount of the deposit represented by the check shall be forfeited and retained by the Village of Rye Brook as liquidated damages No bidder may withdraw his bid within 45 days after the date bids are opened. Proposals shall be enclosed in a sealed envelope bearing the name and address of the Bidder, addressed to the Village Clerk, Village of Rye Brook, 938 King Street, Rye Brook, New York and endorsed " Fire House Demolition Phase, Contract No. 02-07 " The Village of Rye Brook reserves the right to reject any and all bids and to waive any informality in the bid, and to award the Contract to other than the lowest Bidder if deemed in the best interest of the Village to do so. Christopher Bradbury Village Administrator/Clerk L-2 SECTION 1 INFORMATION FOR BIDDERS A. CONTENTS Attention of bidders is called to the contents of the Invitation to Bidders and Scope of the Work, a copy of which is annexed hereto and made a part hereof. All the work in this contract is described in detail in the Plans and Specifications. Information for Bidders, Bidder's Proposal and Contract Documents, all of which are attached hereto and make a part hereof. B. DATE AND TIME OF FILING BIDS Seated bids or proposals will be received at the office of the Village Clerk, City Hall, 938 King Street, Rye Brook, N.Y.; for the work herein mentioned, at which place and after which time they will be publicly opened and read aloud. No bid shall be received or considered after the time stated herein. C. BID FORM All bids must be upon the blank form for proposal attached hereto, state the proposal price for each item of work both in words and in figures, and be signed by the bidder with his business address and place of residence. In case of any discrepancy, the written prices shall be considered the prices bid. Bidders shall not remove or submit the proposal pages separately from the volume of contract documents, but shall submit their proposals bound in with the complete volume of documents, including all pages, correctly assembled. All bids must be submitted in a sealed envelope endorsed with the name of the work and the contract number, and the name of the person making the same. D. INFORMAL BIDS The Village Board of the Village of Rye Brook may reject, as informal, bids which are incomplete, conditional, or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind, or the Village Board may waive any such informality they may deem immaterial or non-prejudicial to the Village and other bidders. The Village Board reserves the right to select the bid or proposal the acceptance of which will, in their judgment, best secure the sufficient performance of the work or to reject any or all bids. L-3 E. ACCEPTANCE OF BIDS No bid will be allowed to be withdrawn for any reason whatever after it has been deposited with the Village Clerk. No bid will be accepted from; or contract awarded to, any person who is in arrears to the Village of Rye Brook, upon debt or contract; nor who is in default, as surety or otherwise, upon any obligation to the Village of Rye Brook. F. BID SECURITY Each bid must be accompanied by a certified check, cashier's check, or bid bond. Certified or cashier's checks shall be made payable to the Village of Rye Brook, New York for the amount stated in the INVITATION TO BIDDERS. Bid bonds must be issued by an approved bonding or insurance company, authorized to do business within the State of New York. Such security shall be in the amount of not less than five percent (5%) of the proposal submitted. All bid deposits, whether check or bond shall be held by the Village of Rye Brook, New York, as security that the person or persons to whom the contract shall be awarded will enter into a contract therefore and give security for the performance thereof within ten (10) days after notice of such award. Such bid deposit must be enclosed in the sealed envelope containing the bid. All bid deposits will be returned to all except the three (3) lowest bidders with in four (4) business days after the formal opening of the bid. The bid deposits will be returned to the three (3) lowest bidders with three (3) business days after the Village and the accepted bidder have executed the contract, or, if no contract has been so executed, within forty-five (45) days after the opening of the bids, upon demand of the bidder at any time thereafter so long as he has not been notified of the acceptance of his bid. If the bidder to whom the contract shall haven been awarded shall refuse or neglect to execute and deliver the same and furnish the security required with ten (10) days after due notice that the contract has been awarded to him; the amount of the bid deposit made by him shall be retained by the Village of Rye Brook as liquidated damages for such neglect or refusal, and shall be paid into the General Fund of the Village of Rye Brook; but if the said bidder to whom the contract is awarded shall execute and deliver the contract and furnish the said security within the time specified; the amount of the bid deposit will be returned to him. The bidder by submission of his bid agrees with the Village of Rye Brook that the amount of said bid deposit represents the minimum amount of the damages the Village will suffer by reason of any default as aforesaid. L-4 G. ATTENTION DIRECTED The attention of bidders is directed to those provisions of the Contract Agreement relative to: Compliance with laws Labor conditions Wage rates Insurance required H. BIDDERS TO INVESTIGATE Bidders are required to submit their Proposals upon the following express conditions, which shall apply to and become part of every bid received: Bidders must satisfy themselves by personal examination of the location of the proposed work and by such other means as they may desire as to actual conditions and requirements of the work. I. QUESTIONS REGARDING CONTRACT DOCUMENTS In general, no answer will be given in reply to an oral question, if the question involves an interpretation of the intent or meaning of the plans or contract documents or the equality of use of products or methods other than those definitely designated or described in the specifications. All information given to bidders other than by means of the plans or contract documents or by Addenda as described below, is given informally and shall not be used as the basis of a claim against the Village of Rye Brook. To receive consideration, such question shall be submitted in writing to the Construction Manager at least five (5) calendar days before the established date for receipt of bids. The Construction Manager will arrange as Addenda; which shall become part of the contract, all questions received as above provided, with his decision regarding each. At least three (3) calendar days prior to the receipt of bids, he will send a copy of these Addenda to each of those who have taken out the contract Documents. J. TIME FOR COMPLETION All work included hereunder shall be fully completed within the time stated in the Scope of the Work. This time will be measured in calendar days from the date designated by the Village of Rye Brook in the Notice to the Contractor, ordering the Contract work to be commenced. Failure to complete the work on the Contract within the time specified, will be just cause for the retention from any monies due or to become due under the contract, of any damage suffered by the Village of Rye Brook by reason of such failure to complete the contract. L-5 K. SCOPE OF WORK A. Description (1) The Work to be performed under this Contract shall consist of providing all labor, plant, material and equipment that is necessary and required to complete the Demolition Work, Site Restoration and Asbestos Abatement in accordance with the Contract Documents. Work under this Contract shall include, but not be limited to: (a) Temporary soil erosion, sediment and dust control measures. (b) Site Preparation. (c) Underground Oil Storage Tank removal and soil remediation including backfilling excavated areas with clean compacted soil material. (d) Asbestos abatement. (e) All demolition work to include removal of the existing 2'/z story wood frame house; 1'/2 story wood frame garage, concrete block sheds, miscellaneous concrete walks, platforms, driveways, etc. including disposal of demolished materials as shown on the contract drawing A0.2, "Demolition Plan", dated 8-1-02, prepared by Sullivan Architecture, P.C. and as specified herein. (f) Backfilling all basement areas with clean compacted soil material and grading the site. (g) Installation of approximately 500 LF of six foot high chain link fence including 1 twelve foot wide double leaf chain link gates (h) Clean up (2) All Work under this Contract shall comply with the rules, regulations, ordinances and codes concerning such Work, Nothing contained herein shall be considered as permitting work that is contrary to such rules, regulations, ordinances and codes. (3) The contractor shall take appropriate measures to safeguard the site and his/her employees as part of this contract. (4) The Contractor shall complete this work within 45 calendar days. L-6 L. ABILITY AND EXPERIENCE OF BIDDER It is the purpose of the Village of Rye Brook not to award this contract to any bidder who does not furnish evidence satisfactory to the Village that he has ability and experience in this class of work, that he has sufficient capital and plant to enable him to prosecute the same successfully and to complete it in the time named. The Village may make such investigations as it deems necessary to determine the ability of the bidders to perform the work. Information regarding experience, financial resources, and facilities, shall be submitted in the Bidder's Proposal. The Village Board reserves the right to reject any proposal if the evidence submitted by or the investigations of such bidder fails to satisfy it that such bidder is properly qualified to carry out the work contemplated under this contract. M. BONDS REQUIRED For the performance of the contract, a performance bond, and labor and materials payment bond will be required, each of which shall be in the penalty of one hundred (100) per centum of the contract price, shall be in the annexed forms, shall be signed by the party to whom the work is awarded and by a solvent fidelity or surety company authorized by the laws of this State to transact such business, and must meet with the approval of the Corporation Counsel of the Village of Rye Brook as to adequacy, form and correctness. The bidder to whom the contract is awarded will be required to attend at the office of the Village Clerk in person, or, if a corporation, shall be represented by a duly authorized representative, with the Surety offered by him and shall be prepared to execute the contract and bonds and furnish the required insurance or acceptable binders or certificates within ten (10) days after written notice from the Village Clerk that the contract has been awarded to him. In case of failure or neglect to do so he may be deemed to have abandoned the contract as in default to the Village under the provisions set forth above. If at any time after the execution and approval of this contract and the performance and payment bonds required by the contract documents the Village of Rye Brook shall deem any of the sureties upon such bond to be inadequate security for the Village of Rye Brook, the Contractor, within five (5) days after notice from the Village of Rye Brook by the Village Clerk to do so, shall furnish a new or additional bond, in for, sum, and signed by such sureties, as shall be satisfactory to the Village of Rye Brook. No further payment shall be deemed due nor shall any further payment be made to the Contractor unless and until such new or additional bond shall be furnished and approved. Premiums on such bonds will be paid for by be Contractor. N. INSURANCE REQUIRED The attention of bidders is called to the fact that the Contractor shall be required to take out, and continue in effect during the life of the contract, insurance with the provisions fully set forth elsewhere in this contract, and in the amounts specified herein. If bidders or certificates are accepted temporarily, bidders should note that policies must be furnished and approved before any Payment will make under a contract. L-7 INSURANCE CONTINUED 1. The Contractor, prior to signing of the contract, shall provide to the Village of Rye Brook and maintain throughout the life of the contract, at his own cost and expense, proof of the following insurance by insurance companies licensed in the State of New York. a. Workmen's Compensation. The Contractor shall take out and maintain during the life of this contract the statutory Workmen's Compensation, Disability, and Employer's Liability insurance for all of his employees to be engaged in work on the project under this Contract, and, in case any such work is sublet, the Contractor shall require the Subcontractor similarly to provide Workmen's Compensation, Disability, and Employer's Liability Insurance for all of the latter's employees to be engaged in such work. b. Public Liability Insurance with a single limit of liability per occurrence for bodily injury and property damage of$1,000,000. The Certificate of Insurance shall indicate the following coverage: (1) Premise— Operations; (2) Contractual as respect this contract including the indemnification set forth in Section 146— Indemnity Clause of the General Conditions. (3) Any deductibles shall not be the liability of the Village of Rye Brook, New York. c. Automobile Liability Insurance with the single limit of liability per occurrence for bodily injury and per occurrence for property damage at $1,000,000. This insurance shall include coverage for: (1) Owned automobiles; (2) Hired automobiles; (3) Non-owned automobiles. d. Owners and Contractors Protective Liability Policy - $1,000,000 single limit endorsed that the Village of Rye Brook is not responsible for the premium. a. Property Damage — Property Damage Insurance shall include the legal liability of its Contractor for loss or damage to property of the Village of Rye Brook. f. Unemployment Insurance —The Contractor for the agreed consideration, promises and agrees to pay the contributions measured by the wages of his employees required by State Unemployment Insurance Law and all amendments thereto, and to accept the account of any contribution measured by the wages as aforesaid of employees of the Contractor and his subcontractors assessed against the Owner under the authority of said law. L-8 INSURANCE CONTINUED 2. The Contractor shall obtain and maintain in full force and effect all of his insurance policies with a reputable insurer licensed to do business in the State of New York with at least an A Best rating. 3. All policies and certificates of the Contractor shall contain clauses as follows: a. The insurance companies issuing policy or policies shall have no recourse against the Village of Rye Brook, New York for the payment of any premium or for assessments under any form of policy. b. Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of the Contractor. c. In case of cancellation or material change is any of the policies, thirty (30) days notice shall be given to the Village of Rye Brook, New York, by registered mail, return receipt requested. 4. All property losses shall be made payable to and adjustable with the Village of Rye Brook. 5. All policies of insurance shall be acceptable to and approved by the Department of Law prior to the inception of any work. 6. Other coverage may be required by the Village of Rye Brook based on specific need. 7. If, at any time, any of the said policies shall be or become unsatisfactory to the Village of Rye Brook, as to form or substance, or if a company issuing such a policy shall be or become unsatisfactory to the Village of Rye Brook the Contractor shall promptly obtain a new policy, submit same to the Village of Rye Brook, for approval and submit a certificate thereof as hereafter provided. Upon failure of the Contractor to furnish, deliver and maintain such insurance as above provide, this Contract, at the election of the Village of Rye Brook. may be forthwith declared suspended, discontinued or terminated. Failure of the Contractor to take out and/or to maintain or the taking out and/or maintenance of any required insurance, shall not relieve the Contractor for any liability under the contract, nor shall the insurance requirements be constructed to conflict with the obligations of the Contractor. 8. In the event, that claims in excess or these amounts are filed by reason of any operations under the contract, the amounts of excess of such claims, or any portion thereof, may be withheld from payment due or to become due the Contractor until such time as the Contractor shall furnish additional security coverage such claims. 9. The Contractor agrees to protect, defend, indemnify and hold the Village of Rye Brook and its officers, employees and agents: and Calgi/EMC and Sullivan Architecture, P.C. and its employees and agents, free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character in connection with or arising directly or indirectly out of this agreement and/or the performance hereof. Without limiting the generality of the foregoing, any and all claims, etc. relating to personal injury, death, damage to property, defects in L-9 INSURANCE CONTINUED materials and workmanship, actual or alleged infringement of any patent, trademark, copyright (or application for any thereof) or of any actual other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court, shall be included in the indemnity hereunder. The Contractor further agrees to investigate, handle, respond to provide defense for and defend any such claims, etc., at his sole expense and agrees to bear all other costs and expenses related thereto, even if it (claims, etc.) is groundless, false, or fraudulent. In any case in which such indemnification would violate Section 5-322.1 of the New York General Obligation Law, or any other applicable legal prohibition, the foregoing provisions concerning indemnification shall not be constructed to indemnify the Village of Rye Brook for damages arising out of bodily injury to persons or damage to property caused by or resulting for the sole negligence of the Village or its employees. 10. The following Indemnification Agreement shall be, and is hereby, a provision of the Contract and shall be endorsed by appropriate references to this provision on, or attached to, all certificates of insurance. "The Contractor agrees to defend, indemnify and hold the Village of Rye Brook, its officers, employees and agents, and Calgi/EMC and Sullivan Architecture, P.C., its employees and agents, free and harmless from and against any and all loses, penalties, damages, settlements, costs, charges, professional fees, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims liens demands obligations, actions, proceedings or causes of action of every kind and character in connection with this Contract." The Construction Manager, Calgi/EMC; Architect, Sullivan Architecture, P.C., and the Village of Rye Brook shall be an additional named insured on all policies and Hold Harmless documents. Copies of the insurance policies shall be submitted to the Village of Rye Brook attorney, and Calgi/EMC and Sullivan Architecture, P.C., for approval prior to the signing of the Contract. L-10 BIDDER'S PROPOSAL Village of Rye Brook New Fire House Demolition Phase CONTRACT NO. 02-07 Bidder's Name Garito Contracting, Inc. Date 9/25/02 Address 791 Nepperhan Ave. ,Yonkers,NY 10703 Phone914-965-5813 LUMP SUM AMOUNT The lump sum proposal to perform all demolition and removal hazardous material as per the specifications and plans- $ 681, 475 . 00 Total Price Bid (in figures) $ Sixty Eight Thousand, Four Hundred Seventy Five Dollars Total Price Bid Written (in words) NOTE: Whenever a price in figures differs from the price stated in words, the price written in words will be considered to be the bid. Addendum Receipt - Contract No. 02-07 The undersigned does hereby acknowledge receipt of the below listed addenda to the contract specifications. Addendum No. 1 Dated 9/1 8/02 Addendum No. Dated Addendum No. Dated Proposal Page 1 09/18/2002 12:22 9146321286 CALGI CONST PAGE 05 Village of Rye Brook New York CONTRACT NO. 02-07 Addendum No. 1 September, 18, 2002 Page 4 L-10A 1 ALLOWANCE: Bidders agree that an allowance of twenty (20) cubic yards of r "Contaminated soil removed and disposed of and replaced with l approved clean compacted soil material" has been Included in the Lump Sum Base Bid. i UNIT PRICE: The Bidder agrees to the Unit Price of ($ 6 7. 5 0 )per cubic yard for any addition or reduction in the amount of Contaminated soil to be removed and disposed of and replaced with approved clean compacted soil material. quantity disposed of to be certified by disposal facility. j (Please insert this page after Page L-10 of the Bidder's Proposal form) 1 i 5 1 1 1 l 1 f 1 k L-11 SECTION 11 A. BIDDERS PROPOSAL The bidder agrees that to the Village Board of the Village of Rye Brook is expressly reserved the right to reject any or all bids or to accept that one of those whose acceptance, in the judgment of the Village Board, will best serve the interest of the public. THE BIDDER AGREES THAT HIS BID MAY NOT BE WTTHDRAWN WITHIN FORTY-FIVE (45) DAYS AFTER THE DATE BIDS ARE PUBLICLY OPENED, EXCEPT AS OTHERWISE PROVIDED IN SECTION 11-F HEREOF. This proposal is made by: Garito Contracting, Inc. (Name of Bidder) Bidder's business address: 791 Nepperhan Ave. , Yonkers, NY 10703 Bidder's residence address: State whether bidder is an individual, a partnership or a corporation. corporation (If a corporation, then corporate seal is required here.) Signed this 2 th � day of ember 2002 Vice President (Signature & Title) STATE OFtew Yor )SS: COUNTY OF Westchester) Stephen A. Garitobeing duly sworn, deposes and says that he resides at 1 1 0 Rose Hill Ave. , New Rochelle, NY 10510 thatheisthe Vice President of Garito Contracting, Inc. who signed the above proposal or bid, that the bid is the true offer of the Bidder, that the seal attached is the seal of he Bidder and that all the declarations and statements continued not the bid are true to the best of his knowledge and belief. Subscribed and sworn to before me this 25 day of September 2002 \ Notary P b is MARIA E. NIEVES Notary Public, State of New York No. O1 N 16078103 Proposal Page 2 Qualified in Bronx county Commission Expires Jury 22, 2006 L-12 If the Bidder is a corporation, attached certified copy of the resolution of its Board of Directors authorizing the officer of the corporation who signed the bid, to sign such bid for and on behalf of such corporate bidder. If a corporation, give the full names of all partners or all principal officers and manager of the corporation with the title and home address of each: NAME TITLE RESIDENCE ADDRESS James Garito President 61 Colby Lane , Briarr•1 ; ff Manor, NY 10 Stephen Garito Vice Pres. 110 Rose Hill Ave New Rochelle, N The undersigned states, when Bidder is a Corporation, that such Corporation was chartered by the State of New York in the year 1 988 , and that its legal address is 791 Nepporhan Ave. , Yonkers, NY 10703 The undersigned offers the following information as evidence of his or their facilities, ability and financial resources available for the fulfillment of the Contract, if such be awarded to him or them: FACILITIES - That he or they own and have available for immediate use on the proposed work, the following plant and equipment: 6 Crawler Excavators ranging from 50, 000-100, 000 lbs. class 3 Tri-axle Dump Trailers 3 Tractor Trailer Dumps 2 Rolloff Container Trucks ABILITY -That he or they have performed the following work (give location, kind, cost and the names and addresses of clients or chief engineers of the projects): Pfizer Inc. , Building Demo. , $3, 500, 000, Anthony Carcich, Brobklyn, NY City of New Rochelle, Building Demo. , $1 , 200, 000, Toni Blaise, New Roch,NY G&S Investors, Portchester Redevelopment, Demo. , $1 , 630, 400 , Ralph Huyar, portchester, NY Citibank Garage, Demo. , $356, 000, Roger O'Healy, J.F. O'Healy,Bayport, NY Proposal Page 3 L-13 FINANCIAL RESOURCES - That information relative to his or their financial resources can and may be obtained from the following: (Give name, business and address. At least one must be a bank.) NAME BUSINESS ADDRESS Valley Oil, 705-707 Nepperhan Ave. , Yonkers, NY 10703 Metro Truck Tire, 3433 DeLavall Ave. , Bronx, NY 10475 Karta Recycling, 1011 Lower South St. , Peekskill, NY 10566 Bank of New York, 1293 North Ave. , New Rochelle, NY 10804 Upon request, the undersigned will amplify the foregoing statements as may be required and necessary to satisfy the City concerning his or their ability to successfully perform the work in a satisfactory manner within the required time. Proposal Page 4 L-14 B. PERSONAL EXAMINATION OF WORK, SITE AND DOCUMENTS The bidder acknowledges that he has carefully and in person examined the ground, the site of the work, the plans and specifications, the form of the contract, and has read all the notices, information, proposals and the paragraphs which may be attached to the contract and/or specifications as Special Items, and that his bid is not dependent in any way on any statement of any employee of the Village as to bidders or other conditions. C. CANVASSING OF BIDS In submitting the hereinabove bids the undersigned bidder agrees that the lowest total bid for this contract shall be determined by the Village Council on the basis of the lowest total bid for which the entire work is to be performed, arrived at by a correct computation of all the items specified in the hereinabove otherwise specifically provided in the said sheet. All other bids shall be canvassed on the same basis. D. VARIATION IN QUANTITIES The bidder agrees that the quantities given in the information for bidders as the Approximate Estimate of quantities are approximate and are given only to form a basis for comparison of bids and are not to be considered as a binding feature in this contract and agrees that the Contractor shall not have nor make any claim due to variation between the said quantities and the actual quantities required or ordered, as measured when the work is completed, except as provided in the contract, which contract is attached hereto and made a part hereof. E. AGREEMENT TO CONTRACT The bidder further agrees to execute the contract and given the required surety bonds and required insurance within ten (10) days from the date of service of a written notice that the said contract has been awarded to such bidder. F. DAMAGES FOR FAILURE TO CONTRACT If this proposal shall be accepted by the Village of Rye Brook and the bidder shall refuse or neglect, within ten (10) days after date of service of the written notice that the Contract has been awarded to such bidder, to execute and deliver the same and to give bonds by a solvent fidelity or surety company authorized by the laws of the Sate of New York to transact such business in the sum of one hundred percent (100%) of the price bid as security for payment of labor and materials and the faithful performance of said contract, and furnish the required insurance, which bonds and surety and insurance shall be approved by or be satisfactory to the Corporation Counsel, then the Village Council may, at its option, determine that the said bidder has abandoned the contract, and thereupon the proposal and acceptance shall be null and void and the certified check, cashier's check or bid bond accompanying the proposal shall be retained by the Village of Rye Brook towards liquidated damages for such neglect or refusal and shall be paid into the General Fund of said Village, but, if the said bidder shall execute and deliver the contact and furnish the said security and insurance within the aforesaid time of ten (10) days, the amount of his deposit shall be returned to him. Proposal Page 5 L-15 G. STATEMENT OF NON-COLLUSION - COMPLIANCE WITH SECTION 103D GENERAL MUNICIPAL LAW 1. (a) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury. that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any bidder or with any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor: (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. (b) A bid shall not be considered for award nor shall any award by made where (a) (1), (2), and (3) above have not been complied with; provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (a)(1), (2), and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the Village Board, for its designee, determines that such disclosure was not made for the purpose of restricting competition. The fact that a bidder has published price lists, rates or tariffs covering items being procured, has informed prospective customers of proposed or pending publication of new or revised prices lists for such items, or has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph I (a) of Section II-G hereof. 2. Any bid hereafter made hereunder by a corporate bidder for work or services performed or to be performed by, goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subparagraph 1 (a) of Section II-G hereof, shall be deemed to have been authorized by be board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation. Proposal Page 6 L-16 H. VILLAGE OF RYE BROOK FIRE HOUSE DEMOLITION PHASE CONTRACT NO. 02-07 BID AFFIRMATION TO: VILLAGE CLERK - VILLAGE HALL RYE BROOK, NEW YORK Bid Submitted by: Garito Contracting, Inc. (Name) 791 Nepperhan Ave. , Yonkers, NY 10703 �Address) 914-965-5813 (Telephone No.) 1. I/We do hereby declare that I/We have carefully examined the Notice to Bidders, the Plans, and the Specifications relating to the above entitled matter and the work, and have also examined the site. 2. I/We do hereby offer and agree to furnish all materials, to fully and faithfully construct, perform and execute all work in the above titled matter in accordance with the Plans, Drawings, and Specifications relating thereto, and to furnish all labor, tools, implements, models, forms, transportations and materials necessary and proper for the purpose and the price/prices as given on the bid forms. 3. I/We do hereby declare that the prices so stated cover all expenses of every kind incidental to the completion of said work, and the contract therefore, including all claims that may arise through damages or any other cause whatsoever. 4. I/We do hereby agree that I/We will execute a contract therefore, containing all the terms, conditions, provisions and covenants necessary to complete the work according to the Plans and Specifications therefore within 10 business days after the award of the contract and if I/We fail to execute said contract within said period of time, that the VillageBoard shall have the power to rescind said award and also that the said VillageBoard shall retain the proceeds of the certified check, or require the payment of the sum of the bid bond. The Contract execution will serve as the official notification to commence work. 5. I/We do also declare and agree I/We will commence the work within five days after the Contract execution and will complete the work fully and in every respect on or before the time specified in said Contract and do authorize the said Board, in case of failure to Proposal Page 7 L-17 complete the work within such specified time, to employ such men, equipment and materials as may be necessary for the proper completion of said work and to deduct the cost thereof from the amount due under the Contract. 6. I/We agree that the Village reserves the right to select any one, combination of, or all the Bid items in this proposal for the Contractor to complete without affecting any of the Bid prices. 7. I/We hereby affirm that by submission of this Bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint bid each party thereto certifies, as to its own organization, under the penalty of perjury, that to the best of knowledge and behalf (a) the prices in this Bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor: (b) 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 competition; and (c) no attempt has been made or will be made-by the Bidder to induce any other person, partnership or corporation to submit or not submit a Bid for the purpose of restricting competition. (d) no member of the VillageBoard or and officer or employee of the Village of Rye Brook, New York, or person whose salary is payable in whole or in part from the said Treasury is, shall be or become interested, directly, as contracting party, partner, stockholder, surety or otherwise, in this Bid, or in the performance of the Contract, or in the supplies, materials or equipment and work or labor to which it relates, or in any portion of the profits thereof. 8. I/We hereby further agree that this proposal is a firm Bid and shall remain in effect for a period of at least forty five (45) calendar days from the date of the opening for bids, and that with said period of forty five (45) days, the Village of Rye Brook will accept or reject this proposal, or this period may be extended by mutual agreement. 9. I/We do hereby declare that, if this is a Corporate Bid, I have been duly authorized to act as the Signator on this proposal in behalf of this Corporation. 10. Me hereby affirm under penalty of perjury, the truth of all statements in this proposal. 11. Me hereby agree that I/We accept the unit prices on the following pages for the various items of work, and for additions to or deletions from the stated quantities. 12. I/We hereby agree that I/We shall make no claim on account of any variation of the approximate estimate in the quantities of work to be done. Proposal Page 8 L-18 I. STATE LAWS AND REGULATIONS GRAND JURY TESTIMONY: Bidders attention is directed to the following clause, Chapter 605 of the New York State Laws of 1959: "A person who refuses, when called before a grand jury to testify concerning this contractor or any transaction in connection therewith, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning this contract or transaction, shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contract with any municipal corporation or any public department, agency or official thereof for goods, work, or services, for a period of 5 years after such refusal; and any and all contracts made with any municipal corporation or any public department, agency or official thereof after July 1, 1959, may be cancelled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination; but any money owing to the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid." NON-COLLUSION IN BIDDING: Each bidder shall submit a statement of non-collusion in bidding the work proposed herein. Failure to submit a non-collusive bidding certificate will constitute grounds for the rejection of said bid. EMPLOYMENT PREFERENCE: The contractor shall comply in all respects with Section 222 of the Labor Law of the State of New York, and agrees that preference shall be given in employment to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment, but persons other than citizens of the State of New York who may be employed by the contractor, or by any subcontractor, shall furnish satisfactory proof of residence in accordance with the rules adopted by the Industrial Commissioner of the State of New York. Upon demand of the aforesaid Industrial Commissioner, the contractor shall furnish a list of the names and addresses of all his subcontractors. The contractor and each subcontractor shall keep a list of his employees, stating whether they are citizens of the State of New York, native born citizens or naturalized citizens and, in case of naturalization, the date thereof, and the name of the court in which granted. This contract shall be null and void if the provisions of said Section 222 aforesaid are not complied with. SALES TAX EXEMPTION: The contractor's attention is directed to the changes made in Section 1115 of the Tax Law of the State of New York by Chapter 513 and 514 of the Laws of 1974. In connection with capital improvement contracts entered into on or after September 1, 1974, all tangible personal property which will become an integral component of a structure, building or real property of New York State, or any of its political subdivisions, including the Village of Rye Brook, is exempt from State and local retail sales tax and compensating use tax. In formulating their proposals, all bidders shall exclude any dollar amounts for the payment of State and local retail sales tax and compensating use tax. The successful bidder shall be obligated to file the required Contractor Exempt Purchase Certificates. Proposal Page 9 L-19 LABOR AND WAGES: A governing provision in the contract will be the rate of wages of all labor applicable to the kind of work, as determined by the New York State Industrial Commissioner pursuant to the Labor Law which states that a schedule of wages so determined by the New York State Industrial Commissioner and the Fiscal Officer be incorporated in the contract by the Village. The Labor Department Schedule of Hourly Minimum rates of wages when omitted from these specifications are still included even is not received at the time of printing of these specifications. Copies of the labor rates shall be forwarded to the bidders as and when received. Such omission does not vary or affect the obligation of the contractor to comply with the law or his compensation therefore. The contractor and each and every subcontractor performing work on the site of the project to which this contract relates shall comply with the applicable provisions of the Labor Law, as amended, of the State of New York, and particularly Article 8 thereof. All provisions of Section 220 of the Labor Law shall be deemed a part of this contract. Proposal Page 10 L-20 J. DEFAULT OF PREVIOUS CONTRACTS Has Bidder defaulted on or failed to complete a contract within 5 years: ❑X NO ❑ YES Has any officer or principal of the bidding entity been involved with a firm that has defaulted on or failed to complete a contract with 5 years: ❑ NO ❑ YES If answer to either question is yes, please explain below: Name and Phone of Location Description of Work Approximate Cost Engineer or Owner Reason of Default Certificate — The information above is true and complete to the best of my knowledge and belief. A willing false statement is punishable by law and disqualification of bid. (U.S. Code, Title 18, Section 1001). Stephen A. Garito Vice President (Name and Title of Signer— Please Type) 9/25/02 Sig ture Date L Proposal Page 11 I� L-21 K. CONTRACTOR'S DECLARATION The names and address of all partners, officers, or parties interested in the foregoing bid are as follows: Title of Office Held FULL NAME if Bidder is a Corp. Address James V. Garito President 61 Colby Ln, Briarcliff Manor,NY 10801 Stephen A. Garito Vice President 110 Rose Hill Ave, New Rochelle, NY 10510 The undersigned bidder hereby designates the address stated below as the place to which all notices and letters may be delivered or mailed. Garito Contracting, I c. ;jC tract BY Witness TITLE Vice Presi nt The business address of the bidder is: 791 Nepperhan Ave. , Yonkers, NY 10703 The above-named bidder is a (corporation)( aPt6ff2 ip)(iaaJi khmb�—strike out designations which do not apply—in the State of New York DATE: 9/25/02 Proposal Page 12 L-22 L. CERTIFICATION BY BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY Garito Contracting, Inc. Name of Bidder INSTRUCTIONS This certification is required pursuant to Executive Order 11246, Part II, Section 203 (b), (30F.R. 12319-25). Each bidder is required to state in his bid whether he has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether he has filed all compliance reports due under applicable filing requirements. CONTRACTOR'S CERTIFICATION Contractor's Name: Garito Contracting, Inc. Address. 791 Nepperhan Ave. , Yonkers, NY 10703 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. YES NO x 2. Compliance reports were required to be filed in connection with such contract or subcontract. YES NO x If "YES", state what reports were filed and with what agency. 3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. YES NO x r Proposal Page 13 L-23 4. If answer to item is "NO", please explain in detail on reverse side of this certification. We are a Union Contractor, and our employee hiring is done through all affiliated Trade Unions. Certification —The information above is true and complete to the best of my knowledge and belief. A willfully false statement is punishable by law. (U.S. Code, Title 18, Section 1001). Stephen A. Garito Vice President (NAME AND TITLE OF SIGNER— PLEASE TYPE) 9/25/02 IGNATU E) (DATE) Proposal Page 14 NOTICE OF PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (*) AS NOTED ON PREVAILING RATE SCHEDULE PAGES. The annual determination of the prevailing rates of wages and supplements for workers employed on public work project throughout the state will be published on May 315` of each year. These new rates will be in effect July 315t thru June 301h. This new determination will supercede the original schedule or any prior issued annual determination. It is the responsibility of the contracting agency or its agent to provide all prevailing rate schedules to contractors immediately upon receipt. Any rate change from a previously issued determination becomes effective July 315t regardless of whether the new determination has been received by the contractor. 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 that additional adjustments become effective. Prevailing wages for this project have been obtained from the N.Y.S. Department of Labor, and are furnished herein. PWR-1 Page 1 of 48 Westchester County General Construction Rates Prevailing Wage Rates for 07/01/02 - 06/30/03 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. 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 Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. SUPPLEMENTAL BENEFITS Particular attention should be given to the supplemental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some classifications require the payment or provision of supplements for each hour paid (including paid holidays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. EFFECTIVE DATES When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. The rate listed is valid until the next effective rate change or until the new annual determination which takes effect on July 1 of each year. All contractors and subcontractors are requiredto pay the current prevailing rates of wages and supplements. If you have anyquestions, please contact the Bureau of Public Work or visit the New York StateDepartment of Labor website (www.labor.state.ny.us) for current wage rate information. APPRENTICE TRAINING RATIOS The following are the allowable ratios of registered Apprentices to Journey- workers. For example, the ratio 1: 1, 1:3 indicates the allowable initial ratio is one Apprentice to one 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. http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 2 of 48 Title (Trade) Ratio Boilermaker 1 : 1, 1 :4 Mason 1 :1, 1: 4 Carpenter 1: 1, 1:4 Electrical (Outside) Lineman 1.1, 1:2 Electrician (Inside) 1: 1, 1:3 Elevator/Escalator Construction & Modernizer 1: 1, 1:2 Glazier 1: 1, 1:3 Insulation & Asbestos Worker 1: 1, 1:4 Iron Worker 1: 1, 1: 6 Laborer 1 : 1, 1 : 3 Op Engineer 1:1, 1:5 Painter 1 : 1, 1:3 Plumber & Steamfitter 1. 1, 1.3 Roofer 1:1, 1:2 Sheet Metal Worker 1. 1, 1.3 Sprinkler Fitter 1:1, 1:2 If you have any questions concerning the attached schedule or would like additional information, please contact the nearest BUREAU of PUBLIC WORK District Office or write to: New York State Department of Labor Bureau of Public Work State Office Campus, Bldg. 12 Albany, NY 12240 District Office Locations: Telephone# FAX # Bureau of Public Work - Albany 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 Bureau of Public Work - Hempstead 516-228-3915 516-794-3518 Bureau of Public Work - Rochester 585-258-4505 585-258-4708 Bureau of Public Work - Syracuse 315-428-4056 315-428-4671 Bureau of Public Work - Utica 315-793-2314 315-793-2342 Bureau of Public Work - White Plains 914-997-9507 914-997-9523 Bureau of Public Work - New York City 212-352-6088 212-352-6186 Bureau of Public Work - Central Office 518-457-5589 518-485-1870 5/23/2001) NOTES Admin. Updated 09/01/2002 ------------------------------------------------------------------------------- OVERTIME/HOLIDAY CODES OVERTIME 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. ( Bl) Time and one half of the hourly rate for the 9th & 10th hours http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 3 of 48 week days and the 1st 8 hours on Saturday.Double the hourly rate for all additional hours. ( C ) Double the hourly rate after 7 hours per day. ( Cl) Double the hourly rate after 7 and one half hours per day. ( D ) Double the hourly rate after 8 hours per day. ( Dl) Double the hourly rate after 9 hours per day. ( E ) Time and one half of the hourly rate on Saturday. ( El) Time and one half 1st 4 hours on Saturday. Double the hourly rate all additional Saturday hours. ( 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. ( E3) Between November 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather, provided a given employee has worked between 16 and 32 hours that week. ( E4) Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather. ( F ) Time and one half of the hourly rate on Saturday and Sunday. ( G ) Time and one half of the hourly rate on Saturday and Holidays. ( H ) Time and one half of the hourly rate on Saturday, Sunday, and Holidays. ( I ) Time and one half of the hourly rate on Sunday. ( J ) Time and one half of the hourly rate on Sunday and Holidays. ( K 'I Time and one half of the hourly rate on Holidays. ( L ) Double the hourly rate on Saturday. ( M ) Double the hourly rate on Saturday and Sunday. ( N ) Double the hourly rate on Saturday and Holidays. ( 0 ) Double the hourly rate on Saturday, Sunday, and Holidays. ( P ) Double the hourly rate on Sunday. ( Q ) Double the hourly rate on Sunday and Holidays. ( R ) Double the hourly rate on Holidays. ( S ) Two and one half times the hourly rate for Holidays, if worked. ( S1) Two and one half times the hourly rate the first 8 hours on Sunday or Holidays. One and one half times the hourly rate all additional hours. ( T ) Triple the hourly rate for Holidays, if worked. ( 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 HOLIDAYS 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 section of each classification contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally classified. ( 1 ) None. http://www.Iabor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 4 of 48 ( 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 Day, Thanksgiving Day, and Christmas Day. ( 7 ) Lincoln's Birthday, Washington's Birthday, and Veterans Day. ( 8 ) Good Friday. ( 9 ) Lincoln's Birthday. ( 10 ) Washington's Birthday. ( 11 ) Columbus Day. ( 12 ) Election Day. ( 13 ) Presidential Election Day. ( 14 ) 1/2 Day on Presidential Election Day. ( 15 ) Veterans Day. ( 16 ) Day after Thanksgiving Day. ( 17 ) July 4th. ( 18 ) 1/2 Day before Christmas Day. ( 19 ) 1/2 Day before New Years Day. ( 20 ) Thanksgiving Day. ( 21 ) New Year's Day. ( 22 ) Christmas Day. ( 23 ) Day before Christmas. ( 24 ) Day before New Year's Day. ( 25 ) Presidents' Day. ( 26 ) Martin Luther King, Jr. Day. Updated 09/01/2002 ------------------------------------------------------------------------------- Asbestos Worker DUTCHESS COUNTY: Entire County ORANGE COUNTY: Entire County PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/2002 7/01/2003 7/01/2004 Asbestos Worker. . . . . . . $ 36.99 $ 2. 65 $ 3.00 Per Hour Per Hour Increase Increase Fire Stop Work* Asbestos Worker. . . . . . . $ 20.51 $ 1.50 $ 1.50 Per Hour Per Hour Increase Increase * Applies on all exclusive Fire Stop Work (When contract is for Fire Stop work only) . No apprentices on these contracts only. Note: Additional $0.50 per hour for work 30 feet or more above floor or ground level. OVERTIME PAY: See ( B , E, Q, T*, V ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 2*, 4, 6, 16, 25 ) on HOLIDAY PAGE. *Note: Labor Day triple time if worked. http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 5 of 48 APPRENTICES: ( 1 ) year terms at the following percentage of journeyman's rate. 1st 2nd 3rd 4th $ 22.49 24.30 27. 11 29.74 SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman. . . . . . . . . . . . . . . . . . .$ 14 . 15 Apprentice lst year. . . . . . . . . . . . . . . . . . . . 8. 62 2nd year. . . . . . . . . . . . . . . . . . . . 9.31 3rd year. . . . . . . . . . . . . . . . . . . . 9. 99 4th year. . . . . . . . . . . . . . . . . . . . 11.38 Fire Stop Work: Journeyman. . . . . . . . . . . . . . . . . . .$ 8.26 8-91 Updated 09/01/2002 ------------------------------------------------------------------------------- Asbestos Worker - Abatement WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/2002 Asbestos Worker: Removal & Hazardous Abatement Only. . . . . . . . . . . . . .$ 23.00 The removal of all insulation materials, whether they contain asbestos or not from mechanical systems (pipes, boilers, ducts, flues, breechings,etc. ) is recognized as being the exclusive work of the asbestos workers. On all mechanical systems ( pipes, boilers, ducts, flues, breechings, etc. ) that are going to be scrapped; the removal of all insulating materials whether they contain asbestos or not shall be the exclusive work of the laborers. The removal of all asbestos-containing materials from walls, ceilings, floors, columns and all other non-mechanical structures and surfaces etc., is recognized as being the exclusive work of the laborers. The term "removal" as used in this agreement shall include the sealing, labeling, and dropping of scrap material into the appropriate containers. After drop, final disposal shall be the work of the laborers. The loading at the designated area of all materials that have been removed, bagged, and tagged, as well as cleanup and all unloading, burying, and other work required at the disposal site is recognized as being the exclusive work of the laborers. OVERTIME: . . . . . . . . . . . . . . . . See ( b, e, q*, t* ) on overtime page. HOLIDAYS: Paid: . . . . . . . . . . . . . . . . . . . . See ( 1 ) on HOLIDAY PAGE. Overtime. . . . . . . . . . . . . . . . See (2, 4, 6 & 25) on HOLIDAY PAGE *Code Q applies to 4, 6, & 25 http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 6 of 48 *Code T applies to 2 SUPPLEMENTAL BENEFITS (per hour worked & paid) Journeyman. . . . . . . . . . . . . . . . . . .$ 4 .75 per hour worked plus 4 .25 per hour paid 1-201W Updated 09/01/2002 ------------------------------------------------------------------------------- Boilermaker DUTCHESS COUNTY: Entire County NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs ORANGE COUNTY: Entire County PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County ULSTER COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7-01-02- 6-30-03 Boilermaker. . . . . . . . . . .$ 35.69 OVERTIME PAY: See ( B**, D, E, Q ) on OVERTIME PAGE. NOTE: ( ** ONLY ON REPAIR WORK) HOLIDAYS: Paid: See ( 8, 16, 23, 24 ) on HOLIDAY PAGE. Overtime: See ( 4, 6, 11, 12, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th 65% 65% 70% 75% 80% 85% 900 95% SUPPLEMENTAL BENEFITS: (per hour worked) $ 4 .59 + 47 % of wage rate 4-5 Updated 09/01/2002 ------------------------------------------------------------------------------- Carpenter - Building and Heavy Highway PUTNAM COUNTY: Entire County. WESTCHESTER COUNTY: Entire County. http://www.labor.state.ny.us/business_ny/employer_responsibilities/Prev.../WestchesterREGAx 8/30/02 Page 7 of 48 WAGES: (per hour) 7/01/2002 7/01/2003 BUILDING: Carpenter. . . . . . . . . . . . . . . . . . $ 33. 66 $ 1.90 Carpenter Concrete Forms. . . 33. 66 Per Hour Increase. OVERTIME: See ( B, E, Q, E2, V* ) on OVERTIME PAGE. *NOTE: Benefits paid at double time rate for Sundays & holidays when worked. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wages. 1st 2nd 3rd 4th $ 15. 54 18. 93 24.28 27. 14 SUPPLEMENTAL BENEFITS: ( per hour worked ) Journeymen. . . . . . . . . . . . . . $ 16. 64 Apprentices 1st term. . . . . . . . . . . . . . . 5. 97 2nd term. . . . . . . . . . . . . . . 7.25 3rd term. . . . . . . . . . . . . . . 11.50 4th term. . . . . . . . . . . . . . . 13.55 WAGES: (per hour) 7/01/2002 HEAVY/HIGHWAY: Carpenter. . . . . . . . . $ 33.35 OVERTIME: See ( B, F, R, T ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 15, 25 ) on HOLIDAY PAGE, including benefits. Overtime: See ( 5*, 6*, 15**, 25** ) on HOLIDAY PAGE. *NOTE: for Holidays 5 and 6 code T applies. **NOTE: for Holidays 15 and 25 code T applies. APPRENTICES: ( 1 ) year terms at the following wages. lst 2nd 3rd 4th $ 15.51 18.84 23.33 26. 53 SUPPLEMENTAL BENEFITS: ( per hour paid ) Journeyman. . . . . . . . . . . . . . . . $ 16. 64 Apprentice http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 8 of 48 1st term. . . . . . . . . . . . . . . . . 5. 97 2nd term. . . . . . . . . . . . . . . . . 7.25 3rd term. . . . . . . . . . . . . . . . . 11.50 4th term. . . . . . . . . . . . . . . . . 13.55 8-11B/HH Updated 09/01/2002 ------------------------------------------------------------------------------- Carpenter - Dockbuilder NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/02 Piledriver. . . . . . . . . . . . . . . . $ 33. 48 Dockbuilder. . . . . . . . . . . . . . . 33.48 OVERTIME PAY: See ( B, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 18, 19 ) on HOLIDAY PAGE. Paid: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices Overtime: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 800 SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman. . . . . . . . . . . . . . . $ 23. 64 Apprentices. . . . . . . . . . . . . . 16. 39 9 - 1456 Updated 09/01/2002 ------------------------------------------------------------------------------- Carpenter - Floor Coverer DUTCHESS COUNTY: Entire County NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/02 Carpet/Resilient Floor Coverer. . . . . . . . . . . . . . . . $ 35.09 http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 9 of 48 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 18, 19 ) on HOLIDAY PAGE. Paid: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices Overtime: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman . . . . . . . . . . . . . . . . $ 23. 64 Apprentices . . . . . . . . . . . . . . . 16.39 9 - 2287 Updated 09/01/2002 ------------------------------------------------------------------------------- Carpenter - Marine Construction/Diver NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County WESTCHESTER COUNTY: Entire County SUFFOLK COUNTY: Entire County WAGES: (per hour) 7/01/02 Marine Construction: Marine Diver. . . . . . . . . . . . . . . . . .$ 41. 17 It 11 Tender. . . . . . . . . . . .$ 30.39 OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 18, 19 ) on HOLIDAY PAGE. Paid: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) for 1st & 2nd yr. Apprentices Overtime: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: (1) year terms at the following percentage of the journeyman's wage. 1st 2nd 3rd 4th 40% 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) http://www.labor.state.ny.usibusiness_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 10 of 48 Journeyman. . . . . . . . . . . . . . . . . $ 23.64 Apprentices . . . . . . . . . . . . . . . 16.39 9 - 1456 Updated 09/01/2002 ------------------------------------------------------------------------------- Carpenter - Millwright NASSAU COUNTY: Entire County NEW YORK CITY: Entire County PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/02 Building: Millwright. . . . . . . . . . . . . . . . . . . .$ 35.21 OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 18, 19 ) on HOLIDAY PAGE. Paid: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices Overtime: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 55% 65% 75% 95% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman . . . . . . . . . . . . . . . . . $ 25. 96 Appr 1st term . . . . . . . . . . . . . 17.22 Appr 2nd term . . . . . . . . . . . . . 18.85 Appr 3rd term . . . . . . . . . . . . . 21. 18 Appr 4th term . . . . . . . . . . . . . 23.70 9-740.1 Updated 09/01/2002 ------------------------------------------------------------------------------- Carpenter - Timberman NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/01 Timberman . . . . . . . . . . . . . . . . . . $ 30.59 http://www.labor.state.ny.usibusiness_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 11 of 48 OVERTIME: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 18, 19 ) on HOLIDAY PAGE. Paid: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices Overtime: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman . . . . . . . . . . . . . . . . $ 23. 64 Apprentices. . . . . . . . . . . . . . . . 16. 39 9 - 1536 Updated 09/01/2002 ------------------------------------------------------------------------------- Core Driller ORANGE COUNTY: South of but including the following, Waterloo Mills, Slate Hill, New Hampton, Goshen, Blooming Grove, Mountainville, east to the Hudson River. PUTNAM COUNTY: South of but including the following, Cold Spring, Tompkins Corner, Mahopac, Croton Falls, east to Connecticut border. SUFFOLK COUNTY: West of Port Jefferson and Patchoque Road to Route 112 to the Atlantic Ocean. NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs ROCKLAND COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 10/16/01 Core Drilling: Driller. . . . . . . . . . . . . . . . . . $ 24 .73 Helper. . . . . . . . . . . . . . . . . . . 20. 47 Note: Hazardous Waste Pay Differential: For Level C, an additional $ 0.25 per hour For Level B, an additional .75 per hour For Level A, an additional 1.00 per hour Note: When required to work on water: an additional $ 0.25 per hour. OVERTIME PAY: See ( B, E, K*, P, R** ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6 ) on HOLIDAY PAGE. Overtime: * See ( 5, 6 ) on HOLIDAY PAGE. ** See ( 8, 10, 11, 13 ) on HOLIDAY PAGE. http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 12 of 48 SUPPLEMENTAL BENEFITS: (per hour worked) $ 9. 59 9-1536 Updated 09/01/2002 ------------------------------------------------------------------------------- Electrician WESTCHESTER COUNTY: Entire County. WAGES: (per hour) 7/01/2002 5/08/2003 5/06/2004 Electrician. . . . . . . . . . . . $ 34 .75 $ 36.75 $ 38.75 A-Technician. . . . . . . . . . . 34 .75 36.75 38.75 Additional $3.00 per hour where employees are required to work on bridges over navigable waters, or on transmission towers, or on light poles or from bosun's chairs, from swinging scaffolds, etc. , forty (40) feet or more above the water or ground. Or under compressed air; or in shafts twenty-five (25) feet deep or more; or tunnel projects over one hundred (100) feet long; or where gas masks are required. EXCEPTION: the $0.50 per hour is not paid on normal pole line or building construction work. (*) All maintenance (TEMPORARY WORK ONLY) of feeders, sub-feeders and wiring of electrical equipment for HEATING OF BUILDINGS shall be paid for at 80% of the regular hourly rate for the first 40 hours. After 40 hours they shall be paid straight time plus fifty percent, or time and one-half. OVERTIME PAY: See ( A, B* E, Q, J** ) on OVERTIME PAGE. *Note: For A-Technician code B applies. **Note: For work performed on one or two family houses, and also for emergency work code J applies. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 10, 12 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following rates: . 1st 2nd 3rd 4th 5th $ 11.75 13.55 15.40 17. 10 21 .50 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman. . . . . . . . . . . $ 20. 45 $ 22. 61 $ 23.56 plus $4.00 plus $4 .00 per day. per day. Apprentices 1st term. . . . . . . . . . . $ 5.57 5.87 6. 11 plus $2.00 plus $2.00 plus $2.00 per day. per day. per day. 2nd term. . . . . . . . . . $ 7.99 8.44 8.79 plus $2.00 plus $2.00 plus $2.00 per day. per day. per day. http://www.Iabor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 13 of 48 3rd term. . . . . . . . . . $ 8.86 9.30 9.78 plus $2.00 plus $2.00 plus $2.00 per day. per day. per day. 4th term. . . . . . . . . . $ 9. 66 10.24 10.71 plus $2.00 plus $2.00 plus $2.00 per day. per day. per day. 5th term. . . . . . . . . . $ 6. 86 7.20 7.44 plus $2.00 plus $2.00 plus $2.00 per day. per day. per day. 8-3/W Updated 09/01/2002 ------------------------------------------------------------------------------- Electrician Lineman WESTCHESTER COUNTY: Entire County Includes Teledata Work performed within (10 feet) of high voltage transmission lines. WAGES: (per hour) 5/05/2002 5/04/2003 Lineman/Tech/Welder. . . . . . . . . . . . . $ 32.51 33.79 Cable splicer. . . . . . . . . . . . . . . . . . . 35.76 37.17 Digging Machine Operator. . . . . . . . 29.26 30.41 Certified welder. . . . . . . . . . . . . . . . 34 .14 35.48 Tractor trailer driver. . . . . . . . . . 27.63 28.72 Truck Driver/Groundman. . . . . . . . . . 26.01 27.03 Mechanic 1st Class. . . . . . . . . . . . . 26.01 27.03 Flagman. . . . . . . . . . . . . . . . . . . . . . . . . 19.51 20.27 Additional 1.00 per hour for crew on helicopter job. Above rates apply to electrical overhead and underground distribution and maintenance work, and overhead and underground transmission line work, electrical substations, switching structures, continuous pipe-type underground fluid-or gas- filled transmission conduit and cable installations, maintenance jobs or projects, railroad cantenary installations and maintenance, third rail installations, the bonding of rails, and the installation of fiber optic cable. OVERTIME PAY: See ( B, E, Q, ) on OVERTIME PAGE. NOTE* Double time for Emergency work designated by the Dept of Jurisdiction. HOLIDAYS: Paid: See ( 5, 6, 8, 13, 25 ) on HOLIDAY PAGE plus Gov. Election Day. Overtime: See ( 5, 6, 8, 13, 25 ) on HOLIDAY PAGE plus Gov Election Day. *Supplements for holidays paid at straight time. APPRENTICES: (1000) hour terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 60% 65% 70% 75% 80% 85% 90% http://www.labor.state.ny.usibusiness_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 14 of 48 SUPPLEMENTAL BENEFITS: (per Hour Worked including above listed holidays. $ 8.00 8.50 plus plus 7 0 of wage 7 0 of wage 6-1249aWest Updated 09/01/2002 ------------------------------------------------------------------------------- Electrician Lineman Teledata ALBANY COUNTY: Entire County ONEIDA COUNTY: Entire County ALLEGANY COUNTY: Entire County ONONDAGA COUNTY: Entire County BROOME COUNTY: Entire County ONTARIO COUNTY: Entire County CATTARAUGUS COUNTY: Entire County ORANGE COUNTY: Entire County CAYUGA COUNTY: Entire County ORLEANS COUNTY: Entire County CHAUTAUQUA COUNTY: Entire County OSSEGO COUNTY: Entire County CHEMUNG COUNTY: Entire County OTSEGO COUNTY: Entire County CHENANGO COUNTY: Entire County PUTNAM COUNTY: Entire County CLINTON COUNTY: Entire County RENSSELAER COUNTY: Entire County COLUMBIA COUNTY: Entire County ROCKLAND COUNTY: Entire County CORTLAND COUNTY: Entire County SARATOGA COUNTY: Entire County DELAWARE COUNTY: Entire County SCHENECTADY COUNTY: Entire County DUTCHESS COUNTY: Entire County SCHOHARIE COUNTY: Entire County ERIE COUNTY: Entire County SCHUYLER COUNTY: Entire County ESSEX COUNTY: Entire County SENECA COUNTY: Entire County FRANKLIN COUNTY: Entire County STEUBEN COUNTY: Entire County FULTON COUNTY: Entire County ST. LAWRENCE COUNTY: Entire County GENESEE COUNTY: Entire County SULLIVAN COUNTY: Entire County GREENE COUNTY: Entire County TIOGA COUNTY: Entire County HAMILTON COUNTY: Entire County TOMPKINS COUNTY: Entire County HERKIMER COUNTY: Entire County ULSTER COUNTY: Entire County JEFFERSON COUNTY: Entire County WARREN COUNTY: Entire County LEWIS COUNTY: Entire County WASHINGTON COUNTY: Entire County LIVINGSTON COUNTY: Entire County WAYNE COUNTY: Entire County MADISON COUNTY: Entire County WESTCHESTER COUNTY: Entire County MONROE COUNTY: Entire County WYOMING COUNTY: Entire County MONTGOMERY COUNTY: Entire County YATES COUNTY: Entire County NIAGARA COUNTY: Entire County For work outside building property lines**** **** EXCLUDES - Teledata work within ten feet of High Voltage transmission lines, for this work please see LINEMAN. WAGES• (per hour) 12/31/2001 12/30/2002 Cable Splicer. . . . . . . . . . . . . . . . . . .$ 22.29 23.07 Installer/Repairman. . . . . . . . . . . . . 21 .17 21.91 Teledata Lineman. . . . . . . . . . . . . . . . 21.17 21.91 Technician/Equip oper. . . . . . . . . . . 21.17 21.91 Groundman. . . . . . . . . . . . . . . . . . . . . . . 11 .22 11.61 OVERTIME PAY: See (B,Q) on OVERTIME PAGE http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 15 of 48 HOLIDAYS: Paid: NONE Overtime: See (5, 6, 16) on HOLIDAY PAGE SUPPLEMENTAL BENEFITS: per hour worked . . . . . . . .$ 2.80 2.80 plus 3% plus 3% of wage of wage 6-1249LT Updated 09/01/2002 ------------------------------------------------------------------------------- Electrician Lineman Traffic Signal/Lighting WESTCHESTER COUNTY: Entire Counyt Rates applicable on All Lighting and Traffic Signal Systems with 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. WAGES: (per hour) 5/05/2002 5/04/2003 Certified welder. . . . . . . . . . . . . .$ 33. 68 35.01 Lineman/Technician. . . . . . . . . . . . . 32.08 33.34 Digging Machine. . . . . . . . . . . . . . . . 28.87 30.01 Tractor trailer driver. . . . . . . . . 27.27 28.34 Truck driver/groundman. . . . . . . . . 25.66 26. 67 Mechanic 1st Class. . . . . . . . . . . . . 25. 66 26. 67 Flagman. . . . . . . . . . . . . . . . . . . . . . . . 19.25 20.00 OVERTIME PAY: See ( B, E, Q, ) on OVERTIME PAGE. NOTE* Double time for Emergency Work designated by the Dept of Jurisdiction. HOLIDAYS: Paid: See ( 5, 6, 8, 13, 25 ) on HOLIDAY PAGE and Gov Election Day. Overtime: See ( 5, 6, 8, 13, 25 ) on HOLIDAY PAGE and Gov Election Day. *Supplements paid at STRAIGHT TIME rate for holidays. APPRENTICE: (1000 ) hour terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 60% 65% 70% 75% 80% 85% 900 SUPPLEMENTAL BENEFITS: per Hour Worked including above listed holidays. $ 8.00 $ 8.50 plus 6.5% plus 6. 5% of wage of wage http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 16 of 48 Westchester 6-1249aWestL Updated 09/01/2002 ------------------------------------------------------------------------------- Elevator - Constructor ROCKLAND COUNTY: Entire County except for the Township of Stony Point WESTCHESTER COUNTY: Entire County except for the Townships of Bedford, Lewisboro, Cortland, Mt . Kisco, North Salem, Pound Ridge, Somers and Yorktown. NASSAU COUNTY: Entire County NEW YORK COUNTY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WAGES: (per hour) 7/01/02 Elevator Constructor. . . . . . . . . . . . . . $ 39.50 " Modern. & service. . . . . . . . . . . . $ 31. 96 Apprentice: (6) month terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th 9th loth 50% 60% 65% 70% 75% 75% 75% 75% 75% 75% OVERTIME PAY: CONSTR. See ( C, 0 ) on OVERTIME PAGE. OVERTIME PAY: MODERN./SERV. See ( B, H ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman and Apprentices: Construction . . . . . . . . . . . . . . . . . . . $ 16.735 Appr. 1st year . . . . . . . . . . . . . . . . 11.305 Appr. 2nd year . . . . . . . . . . . . . . . . 12.435 Appr. 3rd year . . . . . . . . . . . . . . . . 13.395 Appr. 4th year . . . . . . . . . . . . . . . . 14 .345 Appr. 5th year . . . . . . . . . . . . . . . . 15.305 Modern./Service . . . . . . . . . . . . . . . . 15.745 Appr. 1st year . . . . . . . . . . . . . . . . 10.785 Appr. 2nd year . . . . . . . . . . . . . . . . 11. 445 Appr. 3rd year . . . . . . . . . . . . . . . . 12. 305 Appr. 4th year . . . . . . . . . . . . . . . . 13. 605 Appr. 5th year . . . . . . . . . . . . . . . . 14 .465 9-1 Updated 09/01/2002 ------------------------------------------------------------------------------- Elevator Constructor COLUMBIA COUNTY: Only the Townships of Ancram, Clermont, Copake, Gallatin, http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 17 of 48 Germantown, Livingston and Taghkanic. GREENE COUNTY: Only the Townships of Catskill and Hunter. ROCKLAND COUNTY: Only the Township of Stony Point. WESTCHESTER COUNTY: Only the Townships of Bedford, Lewisboro, Cortland, Mt. Kisco, North Salem, Pound Ridge, Somers and Yorktown. DUTCHESS COUNTY: Entire County ORANGE COUNTY: Entire County PUTNAM COUNTY: Entire County SULLIVAN COUNTY: Entire County ULSTER COUNTY: Entire County WAGES: (per hour) 7/01/2002 Elevator Constructor. . . . . . . $ 35. 945 " Helper. . . . . . 25. 16 OVERTIME PAY: . . . . . . . . . . . . . . See ( D,O, ) on OVERTIME PAGE. HOLIDAYS: Paid: . . . . . . . . . . . . . . . . . . . . . . See ( 5, 6, 16 ) on HOLIDAY PAGE. Overtime: . . . . . . . . . . . . . . . . . . See ( 5, 6, 16 ) on HOLIDAY PAGE. Apprentice Rates: (1st 6mo) (2nd 6mo) (2nd yr) (3rd yr) (4th yr) 50% 55% 65% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman & Apprentices. . . . . . . . . . . . . . . . $ 10.39 1-138 Updated 09/01/2002 ------------------------------------------------------------------------------- Glazier DUTCHESS COUNTY: Entire county NASSAU COUNTY: Entire county NEW YORK CITY: Entire 5 boroughs ORANGE COUNTY: Entire county PUTNAM COUNTY: Entire county ROCKLAND COUNTY: Entire county SUFFOLK COUNTY: Entire county SULLIVAN COUNTY: Entire county ULSTER COUNTY: Entire county WESTCHESTER COUNTY: Entire county WAGES: (per hour) 5/01/02 Glazier. . . . . . . . . . . . . . . . . . $ 32.20 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. http://www.labor.state.ny.usibusiness_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 18 of 48 Overtime: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 40% 50% 60% 80% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman . . . . . . . . . . . . . $ 20. 12 Appr 1st term . . . . . . . . . . 6.45 Appr 2nd term . . . . . . . . . . 12.49 Appr 3rd term . . . . . . . . . . 14 .01 Appr 4th term . . . . . . . . . . 17.47 9-1087 (DC9 NYC) Updated 09/01/2002 ------------------------------------------------------------------------------- Ironworker - Derrickman/Rigger NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/02 Derrickman/Rigger. . . . . . . . . .$ 34 .46 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 60% 70% 80% 90% 90% SUPPLEMENTAL BENEFITS: (per hour worked) $ 26.41 9-197 Updated 09/01/2002 ------------------------------------------------------------------------------- Ironworker - Ornamental NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 19 of 48 WAGES: (per hour) 7/01/02 Ornamental. . . . . . . . . . . . . . . . .$ 40. 15 Chain Link Fence. . . . . . . . . . . 40. 15 Guide Rail Installation. . . . 40. 15 OVERTIME PAY: See ( A, D1, E*, Q, V ) on OVERTIME PAGE. *Double time after 7 hours on Saturday. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8 ) on HOLIDAY PAGE. APPRENTICE (1/2 ) year terms at the following percentage of Journeyman's wage. lst. 2nd. 3rd. 4th. 5th. 6th. 60% 65% 70% 80% 85% 95% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman . . . . . . . . . . . . . .$ 19. 40 Appr lst term . . . . . . . . . . . 16. 94 Appr 2nd term . . . . . . . . . . . 17.24 Appr 3rd term . . . . . . . . . . . 17.55 Appr 4th term . . . . . . . . . . . 18.17 Appr 5th term . . . . . . . . . . . 18.48 Appr 6th term . . . . . . . . . . . 19.09 9-580 Updated 09/01/2002 ------------------------------------------------------------------------------- Ironworker - Reinforcing ROCKLAND COUNTY: Southern Section NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/01 Reinforcing & Metal Lathing. . . . . . . . . . . . .$ 35.05 OVERTIME PAY: See ( A, E, P, V ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 10, 11, 13, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. lst 2nd 3rd 4th http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 20 of 48 $20.80 $23.00 $26. 45 $29.90 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman . . . . . . . . . . . .$ 21.43 Apprentices: 1st term . . . . . . . . . . . . . . 13.43 2nd term . . . . . . . . . . . . . . 15. 68 3rd term . . . . . . . . . . . . . . 16. 68 4th term . . . . . . . . . . . . . . 17. 68 9-46 Updated 09/01/2002 ------------------------------------------------------------------------------- Ironworker - Structural NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 1/01/02 Structural. . . . . . . . . . . . . . . .$ 43.80 Riggers. . . . . . . . . . . . . . . . . . . 43.80 Machinery Movers. . . . . . . . . . 43.80 it it Erectors. . . . . . . . 43.80 OVERTIME PAY: See ( B, E*, Q, V ) on OVERTIME PAGE. * for 1st 8 hours, double time thereafter. HOLIDAYS: Paid: See ( 18, 19 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following wage. 1st. 2nd. 3rd. 4th. 5th. 6th. $ 23.65 24 .25 24 .25 24 .85 24 .85 24 .85 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman. . . . . . . . . . . . . . .$ 24 .23 Apprentices . . . . . . . . . . . . . 19.08 9-40/361 Updated 09/01/2002 ------------------------------------------------------------------------------- Laborer - Building PUTNAM COUNTY: Entire County. WESTCHESTER COUNTY: Entire County. WAGES: (per hour) 7/01/2002 7/01/2003 7/01/2004 Laborer. . . . . . . . . . . . . . . . . . . . .$ 26. 65 $ 1. 65 $ 1. 65 Per Hour Per Hour http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../We stchesterREG.tx 8/30/02 Page 21 of 48 Laborer-Asbestos & Increase Increase Hazardous Materials Removal. . . . . . . . . . . . . . . . . . . . .$ 28.40 Upgrade/Material condition work plan for work performed during non-outage under a wage formula of 90% wage/100o fringe benefits at nuclear power plants. OVERTIME: See ( B, E, Q, V*) on OVERTIME PAGE. *Note: For Sundays and Holidays worked benefits are at the same premium as wages. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: (Hourly) terms at the following wage. 0-1000 1001-2000 2001-3000 3001-4000 4001 $14. 66 17.32 19. 99 22. 65 26. 65 SUPPLEMENTAL BENEFITS: ( per hour worked ) Journeyman . . . . . . . . . . . . . . . .$ 11.95 Apprentices 1st term. . . . . . . . . . . . . . . . . . 6.57 2nd term. . . . . . . . . . . . . . . . . . 7.77 3rd term. . . . . . . . . . . . . . . . . . 8.96 4th term. . . . . . . . . . . . . . . . . . 10. 16 5th term. . . . . . . . . . . . . . . . . . 11. 95 8-235/B Updated 09/01/2002 ------------------------------------------------------------------------------- Laborer - Heavy Highway WESTCHESTER COUNTY - Entire County GROUP # 1: Blaster and Quarry Master. GROUP # 2: Burner, Drillers (jumbo, joy, wagon, air track, hydraulic) , Curbs/ Asphalt Screedman/Raker. GROUP # 3: Pavement Breakers, Jeeper Operator, Jack Hammer, Pneumatic Tools (all) , Gas Driller, Guniting, Railroad Spike Puller, Pipelayer, Chain Saw, Deck winches on scows, Power Buggy Operator, Power Wheelbarrow Operator. GROUP # 4 : Concrete Laborers, Asph. Worker, Rock Scaler, Vibrator Oper. , Bit Grinder, Air Tamper, Pumps, Epoxy/Waterproofer, Barco Rammer, Steel King, Concrete Grinder, Guide Rail-digging holes and placing concrete and demolition when not to be replaced, distribution of materials and tightening of bolts. GROUP # 5: Drillers Helpers, Common Laborer, Trade Tenders, Signal Person, Pit Person, Truck Spotter, Powder Person, Landscape/Nursery Person, Dump Person, Temp. Heat. http://www.labor.state.ny.usibusiness_ny/employer_responsibilities/prev.../WestchesterREG.tY 8/30/02 Page 22 of 48 GROUP # 6A:Asbestos/Toxic Waste Laborer-All removal (Roads, Tunnels, Landfills, etc. ) GROUP # 7: Blaster (WRECKING) WAGES: (per hour) 7/01/2002 4/01/03 4/01/04 GROUP # 1. . . . . . . . . . . . . . . $ 28. 10 $1 . 60 $1. 60 GROUP # 2. . . . . . . . . . . . . . . 26.75 per hour per hour GROUP # 3. . . . . . . . . . . . . . . 26.35 increase increase GROUP # 4 . . . . . . . . . . . . . . . 26.00 GROUP # 5. . . . . . . . . . . . . . . 25.65 GROUP # 6A. . . . . . . . . . . . . . 27. 65 GROUP # 7. . . . . . . . . . . . . . . 28.20 Bar Person, Burner. . . . . . 26.80 Bar Person Helper. . . . . . . 26.00 Flagperson. . . . . . . . . . . . . . 19.30 SHIFT WORK: A shift premium will be paid on Public Work contracts for off-shift or irregular shift work when mandated by the NYS D.O.T. or other Governmental Agency contracts. Employees shall receive an additional $2.50 per hour on the first 8 hours of work on all regular and irregular shift work. Premium pay shall not include the $2.50 per hour differential. OVERTIME: See ( B, E, P, R, S ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 7, 8, 11, 12 ) on HOLIDAY PAGE. Overtime: For Holidays 5 & 6, code S applies; for the rest use code R. APPRENTICES: (1000) hour terms at the following percentage of Group V wages. 1st 2nd 3rd 4th 55% 65% 75% 85% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman. . . . . . . . . . . . . . . . $ 10.85 Apprentice 1st term . . . . . . . . . . . . . . . . None 2nd term . . . . . . . . . . . . . . . . 3.50 3rd term . . . . . . . . . . . . . . . . 4.50 4th term . . . . . . . . . . . . . . . . 5.25 8-60H/H Updated 09/01/2002 ------------------------------------------------------------------------------- Laborer - Tunnel PUTNAM COUNTY: Entire County WESTCHESTER COUNTY: Entire County FREE AIR GROUP 1: Blaster http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 23 of 48 GROUP 2: Concrete Setters and Form Setters. GROUP 3: Miners, Drill Runners, Air Tuggers & Chippers, Pneumatic Tools & Source of Airpower, Pumps & their Operation, Vibrator Operator. GROUP 4 : Puddlers. GROUP 5: Chuck Tenders, Nippers, Concrete Laborers, Tunnel, Sewer & Water Pipe Reliners, Boring. GROUP 6: Laborers. GROUP 7: Powder Carriers, Signalmen. GROUP 8: Brakemen. GROUP 9: Outside Laborers. GROUP 10: Powder Watchmen. WAGES: (per hour) 7/01/2002 GROUP 1. . . . . . . . . . . . . . $ 32.77 GROUP 2. . . . . . . . . . . . . . 31.52 GROUP 3. . . . . . . . . . . . . . 31.02 GROUP 4 . . . . . . . . . . . . . . 30.52 GROUP 5. . . . . . . . . . . . . . 30.27 GROUP 6. . . . . . . . . . . . . . 29.87 GROUP 7. . . . . . . . . . . . . . 29. 67 GROUP 8. . . . . . . . . . . . . . 29.52 GROUP 9. . . . . . . . . . . . . . 29.37 GROUP 10. . . . . . . . . . . . . . 29.27 OVERTIME: See ( B, E, P, R, S, ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 7, 8, 11, 12 ) on HOLIDAY PAGE. Overtime: For Holidays 5 & 6, code S applies; for the rest use code R. SUPPLEMENTAL BENEFITS: (per hour) First 40 Hours Per Hour Paid. . . . . . . . . . $ 10.85 Over 40 Hours- Per Hour Worked. . . . . . . . 6.75 8-60Tun Updated 09/01/2002 ------------------------------------------------------------------------------- Mason - Building ORANGE COUNTY: Only the Township of Tuxedo. PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 24 of 48 7/01/2002 6/01/2003 6/01/2004 Building: Bricklayer. . . . . . . . . . . . . $ 32.27 33.58 34 . 91 Cement Mason (Bldg. 32.27 33.58 34 . 91 Plasterer/Stone Mason. . 32.27 33.58 34 .91 Pointer/Caulker. . . . . . . . 32.27 33.58 34 .91 *Additional $0.30 per hour for power saw work *Additional $0.50 per hour for swing scaffold or staging work OVERTIME: Cement Mason: . . . . . . . . . . See ( A, D1 ,E, E2, Q ) on OVERTIME PAGE. All Others: . . . . . . . . . . . . See ( A, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: . . . . . . . . . . . . . . . . . . See ( 1 ) on HOLIDAY PAGE. Overtime: . . . . . . . . . . . . . . See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th 50% 55% 60% 65% 70% 75% 80% 85% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman. . . . . . . . . . . . . $ 14 . 59 15.53 16.65 appr. 1st & 2nd terms. . 7.29 7.76 8.33 all others. . . . . . . . . . . . . 14 .59 15.53 16.65 1-5wp-b Updated 09/01/2002 ------------------------------------------------------------------------------- Mason - Building Mosaic and Terrazzo Worker NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/02 Building: Mosaic & Terrazzo Worker. . . . . . . . . .$ 34 . 98 " Helper. . . . . . . . . .$ 33. 67 OVERTIME PAY: See ( A, E, Q, V* ) on OVERTIME PAGE. * $ 5.45 added to supplements. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 11, 15, 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 16.35 9-7/3 http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 25 of 48 Updated 09/01/2002 ------------------------------------------------------------------------------- Mason - Building Tile Layer NASSAU COUNTY: Entire county NEW YORK CITY: Entire 5 boroughs SUFFOLK COUNTY: Entire county WESTCHESTER COUNTY: Entire county WAGES: (per hour) 11/01/99 Building: Tile Layer. . . . . . . . . . . . . . .$ 31.26 OVERTIME PAY: See ( A, O ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 55% 65% 75% 85% 95% SUPPLEMENTAL BENEFITS: (per hour worked) $ 14 .82 9-7/52 Updated 09/01/2002 ------------------------------------------------------------------------------- Mason - Heavy Highway ORANGE COUNTY: Only the Township of Tuxedo. PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/2002 6/01/2003 6/01/2004 Heavy/Highway: Bricklayer. . . . . . . . . . . . . . $ 32.77 34 .08 35.41 Cement Mason. . . . . . . . . . . . 32.77 34 .08 35.41 Marble/Stone Mason. . . . . . 32.77 34 .08 35.41 Plasterer. . . . . . . . . . . . . . . 32.77 34 .08 35.41 Pointer/Caulker. . . . . . . . . 32.77 34 .08 35.41 *Additional $0.30 per hour for power saw work *Additional $0.50 per hour for swing scaffold or staging work OVERTIME PAY: . . . . . . . . . . . See ( B4O ) on OVERTIME PAGE. HOLIDAYS: Paid: . . . . . . . . . . . . . . . . . . . See ( 5, 6, 15, 25 ) on HOLIDAY PAGE. Overtime: . . . . . . . . . . . . . . . See ( 5, 6, 15, 25 ) on HOLIDAY PAGE. http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 26 of 48 APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th 50% 55% 60% 65% 70% 75% 80% 85% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman: . . . . . . . . . . . . . $ 14 .59 15. 53 16. 65 Appr. 1st & 2nd terms. . . 7.29 7.76 8.33 All others. . . . . . . . . . . . . . 14 .59 15. 53 16. 65 1-5WP-H/H Updated 09/01/2002 ------------------------------------------------------------------------------- Mason - Marble NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 1/01/00 Building: Marble/ Sawyer, Rubber & Polisher. . . . . . . . . . . . . . . . . . .$ 29. 98 Marble Restoration Finishers. . . . . . . . . . . . . . . . . . . . 15.07 OVERTIME PAY: See ( A, E, Q, V ) on OVERTIME PAGE. HOLIDAYS: Paid: Journeymen receive 112 days pay for Labor Day. Cleaner, Maintenance and 1ST three terms of Apprentices See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. All others See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. APPRENTICES: ( 112 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th 50% 55% 60% 65% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman . . . . . . . . . . . . . . . . . .$ 12.33 Cleaner/Maintenance . . . . . . . . . 2.40 Appr. . . . . . . . . . . . . . . . . . . . . . . . . . 5.80 + wage percentage of $ 6.09 9-7/24 Updated 09/01/2002 ------------------------------------------------------------------------------- Mason - Marble Cutters and Setters http://www.labor.state.ny.us[business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 27 of 48 NEW YORK CITY: Entire 5 Boroughs EXCEPT for projects that fall within a fifty-mile radius of Columbus Circle in New York City. WESTCHESTER COUNTY: Entire county WAGES: (per hour) 1/01/00 Building: Marble Cutters & Setters. . . . . . . . . . . . . . . . . . . .$ 34 .88 OVERTIME PAY: See ( B, 0, V ) on OVERTIME PAGE attached. HOLIDAY: Paid: Journeymen receive 1/2 days pay for Labor Day. Apprentices 1St three terms See ( 5, 6, 8, 11, 15 ) on HOLIDAY PAGE, Plus any day following a Thursday or Sunday Holiday. *All others See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 11, 15, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 55% 65% 70% 80% 95% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman. . . . . . . . . . . . . . . .$ 15. 65 Appr 5. 90 + wage percentage of $ 9.75 9-7/4 Updated 09/01/2002 ------------------------------------------------------------------------------- Mason - Marble Rigger NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 1/01/00 Marble-Riggers, Crane & Derrickman. . . . . . . .$ 28.72 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE. HOLIDAY: Paid: 1/2 Day for Labor Day. Overtime: See ( 5, 6, 8, 11, 15, 25 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 16.82 http://www.labor.state.ny.usibusiness_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 28 of 48 9-7/20 Updated 09/01/2002 ------------------------------------------------------------------------------- Metal Polisher ALBANY COUNTY: Entire County ONEIDA COUNTY: Entire County ALLEGANY COUNTY: Entire County ONONDAGA COUNTY: Entire County BROOME COUNTY: Entire County ONTARIO COUNTY: Entire County CATTARAUGUS COUNTY: Entire County ORANGE COUNTY: Entire County CAYUGA COUNTY: Entire County ORLEANS COUNTY: Entire County CHAUTAUQUA COUNTY: Entire County OSWEGO COUNTY: Entire County CHEMUNG COUNTY: Entire County OTWEGO COUNTY: Entire County CHENANGO COUNTY: Entire County PUTNAM COUNTY: Entire County CLINTON COUNTY: Entire County RENSSELAER COUNTY: Entire County COLUMBIA COUNTY: Entire County ROCKLAND COUNTY: Entire County CORTLAND COUNTY: Entire County SARATOGA COUNTY: Entire County DELAWARE COUNTY: Entire County SCHENECTADY COUNTY: Entire County DUTCHESS COUNTY: Entire County SCHOHARIE COUNTY: Entire County ERIE COUNTY: Entire County SCHUYLER COUNTY: Entire County ESSEX COUNTY: Entire County SENECA COUNTY: Entire County FRANKLIN COUNTY: Entire County STEUBEN COUNTY: Entire County FULTON COUNTY: Entire County ST. LAWRENCE COUNTY: Entire County GENESEE COUNTY: Entire County SUFFOLK COUNTY: Entire County GREENE COUNTY: Entire County SULLIVAN COUNTY: Entire County HAMILTON COUNTY: Entire County TIOGA COUNTY: Entire County HERKIMER COUNTY: Entire County TOMPKINS COUNTY: Entire County JEFFERSON COUNTY: Entire County ULSTER COUNTY: Entire County LEWIS COUNTY: Entire County WARREN COUNTY: Entire County LIVINGSTON COUNTY: Entire County WASHINGTON COUNTY: Entire County MADISON COUNTY: Entire County WAYNE COUNTY: Entire County MONROE COUNTY: Entire County WESTCHESTER COUNTY: Entire County MONTGOMERY COUNTY: Entire County WYOMING COUNTY: Entire County NASSAU COUNTY: Entire County YATES COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs NIAGARA COUNTY: Entire County WAGES: (per hour) 6/01/02 6/01/03 6/01/04 Metal Polisher. . . . . . . .$ 20.42 21. 13 21.98 All workers shall be paid a premium in an amount equal to twenty ( 20% ) per cent of their basic straight time rate of pay for all time worked on hanging scaffolds and on standing scaffolds while working more than 28 feet off the ground, such premium to be paid on top of their straight time or overtime, whichever is applicable. OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAY: Paid: See (5, 6, 9, 11, 15, 16,25) on HOLIDAY PAGE. Overtime: See (5, 6, 9, 11, 15, 16,25) on HOLIDAY PAGE APPRENTICES: 55% of Basic Polisher Rate (*) http://www.Iabor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 29 of 48 SUPPLEMENTAL BENEFITS: (o of Total Wages) Journeymen & Apprentice 55% of Wages 9 - 8A/28A Updated 09/01/2002 ------------------------------------------------------------------------------- Operating Engineer - Building DUTCHESS COUNTY: That portion of Dutchess County which lies north/south of a line that starts at the Hudson River,runs downs the middle of Main Street in the City of Poughkeepsie to the City line, then runs east to Route 115, then north down the center of Route 115 to Bedeit Road, then east down the center of Bedeit Road to Van Wagner Road then north down the center of Van Wagner Road to Bower Road then east down the center of Bower Road to Route 44, and down the center of Route 44 east to Route 343, then down the center of Route 343 east to the northern boundary of the Town of Dover Plains, then east along the northern boundary of the Town of Dover Plains to the Connecticut State Line. PUTNAM COUNTY: Entire County. WESTCHESTER COUNTY: Entire County. GROUP I: Cranes (All Types) , Boom Trucks, Cherry Pickers (All Types) , Clamshell Crane, Derrick(Stone-Stell) , Dragline, Franki Pile Rig or similar Hydraulic Cranes, Pile Drivers (All Types) . *All Tower Cranes, all Climbing Cranes and all Cranes of 100 ton capacity or greater. 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 Boring Machine, Road Mix Machine, Ross Carrier and Similar Machines, Rubber tire double end backhoes and similar machines, Scoopmobile-Tractor-Shovel Over 1.5 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-A: Bulldozer D6 and Under, Compactor Self-Propelled, Grader, Machines Pulling Sheep's Foot Roller, 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 (Electric) Joy Drill or similar Tractor Drilling Machine, Loader-1 1/2 yards and under, Locomotive (All Sizes) , MixerConcrete-21E 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. http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 30 of 48 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 Drill, Batch Plant, Bending Machine, Concrete Breaker, Concrete Spreader, Curb Cutter Machine, Farm Tractor (all types) , Finishing Machine-Concrete, Material Hopper-sand stone-cement, Mixer-Concrete-Under 21E, Mulching Grass Spreader, Pump-Gypsum etc, Fine Grading Machine, Roller under 4 Ton Hepa Vac Clean Air Machine, Spreading 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. GROUP IV-B: Compressor to 125 feet, Dust Collector, Heater all types; Pump, Pump Station (Water 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, Helicoper Hoist Operator, Helicopter Pilot, Helicopter Signal Man, Welder Certified. GROUP VI-B: Utility Man, Warehouse Man, Second Engineer, Cable Splicer. WAGES: (per hour) 7/01/2002 GROUP I. . . . . . . . . . . . . . . . . . . . . $ 35.05 *Tower Cranes. . . . . . . . . . . . . . . . 40.00 GROUP I-A. . . . . . . . . . . . . . . . . . . 32.90 GROUP I-B. . . . . . . . . . . . . . . . . . . 30.40 GROUP II-A. . . . . . . . . . . . . . . . . . 31.80 GROUP III-A. . . . . . . . . . . . . . . . . 30. 65 GROUP III-B. . . . . . . . . . . . . . . . . 29.20 GROUP IV-A. . . . . . . . . . . . . . . . . . 30.35 GROUP IV-B. . . . . . . . . . . . . . . . . . 29.00 GROUP V-A. . . . . . . . . . . . . . . . . . . 29.20 GROUP V-B. . . . . . . . . . . . . . . . . . . 27.70 GROUP VI-A Master Mechanic. . . . . . . . . . . . . 34.55 Asst.Master Mechanic. . . . . . . . 29. 60 Helicopter Hoist Oper. . . . . . . 33.50 Helicopter Pilot. . . . . . . . . . . . . 38.10 Helicopter Signal Man. . . . . . . . 30.05 Welder Certified. . . . . . . . . . . . 32.35 GROUP VI-B Utility Man. . . . . . . . . . . . . . . . . 26.30 Warehouse Man. . . . . . . . . . . . . . . 27.55 Second Engineer. . . . . . . . . . . . . 27.60 Cable Splicer. . . . . . . . . . . . . . . 30.15 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 $1.00 per hour. http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 31 of 48 OVERTIME PAY: See ( D, O, T*, U**, V ) on OVERTIME PAGE. HOLIDAY: Paid: See ( 5, 6, 7, 8, ll, 12 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 7, 8, 11, 12 ) on HOLIDAY PAGE. * Note: If employees are required to work on Easter Sunday they shall be paid at the rate of triple time. ** Note: For holidays 5 & 6 only code U applies. SUPPLEMENTAL BENEFITS: (per hour) Journeyman. . . . . . . . . . . . . . . . . . . . $ 10.35 Per hour paid. + 6.25 Per hour worked. 8-137B Updated 09/01/2002 ------------------------------------------------------------------------------- Operating Engineer - Heavy Highway DUTCHESS COUNTY: That portion of Dutchess County which lies north/south of a line that starts at the Hudson River, runs downs the middle of main street in the City of Poughkeepsie to the City line, then runs east to Route 115, then north down the center of Route 115 to Bedeit Road, then east down the center of Bedeit Road to Van Wagner Road then north down the center of Van Wagner Road to Bower Road then east down the center of Bower Road to Route 44, and down the center of Route 44 east to Route 343, then down the center of Route 343 east to the northern boundary of the Town of Dover Plains, then east along the northern boundary of the Town of Dover Plains to the Connecticut State line. PUTNAM COUNTY: Entire County. WESTCHESTER COUNTY: Entire County. GROUP I: Boom Truck, Cherry Picker, Clamshell, Crane, (Crawler, Truck) , Dragline,Rough Terrain Crane. GROUP I-A: Auger, Auto Grader, Dynahoe and Dual purpose and similar machines, Barber Green Loader-Euclid Loader or similar type machine, boat captain, boring machine (all types) , Bulldozer-All Sizes, Central Mix Plant Operator, Cherry Picker(Cableway) -Hydraulic, chipper (all types) , close circuit t.v. , Compactor with B1ade,Concrete Portable Hoist, C.M. I. or Similar, Conway or Similar Mucking Machines, Gradall, Shovel Backhoe, etc. Grader, Derrick (Stone-Steel) Elevator & Cage, Front End Loaders over 1 1/2yds Hoist Single, Double, Triple Drum, Hoist Portable Mobile Unit, Hoist Engineer Concrete(Crane-Derrick-Mine Hoist) , Hoist Engineer-Material, Hydraulic Boom, Letourneau or Tournapull (Scrapers over 20 yds struck) , Mucking Machines, Overhead Crane, Paver (concrete) Pulsemeter, Push Button (Buss Box) Elevator, Road Mix Machines, Ross Carrier and similar, Shovels (Tunnels) , SideBoom, Spreader (asphalt) , Scoopmobile-Tractor-Shovel over 1 1/2 yards, Trenching Machines, Telephies-Vermeer Concrete Saw Trencher and/or Similar, Tractor type Demolition Equipment, Whirly,P-811 Track Renewal Machine-Similiar. GROUP I-B: Road Paver-Asphalt. GROUP II-A: Balast regulators, Compactor Self Propelled, Cow Tracks, Fusion Machine, Rail Anchor Machines, Scrapers-20 yds truck and under, Switchtampers, Vibrator Roller, etc. , Roller 4 ton and over, Welder. http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 32 of 48 GROUP II-B: Mechanic-All Types. 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, Fireman, Forklift, Forklift (Electric) John Henry drill or similar, Joy Drill or similarTractor Drilling Machine, Loader 1 1/2 yards and under, Locomotive(All Sizes) , Maintenance Engineer, Machine Pulling Sheep's Foot Roller, Material Hopper, Mixer Concrete-21E and over, Mulching Grass Spreader, Portable 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 JetBurner or Similar, Well Drilling Machine, Winch Truck, "A" Frame Truck. GROUP IV-A: Service Man (Fuel Truck) , Service Man (Grease Truck) . GROUP IV-B: Compressor-Compressor Plant-Paint Compressor-Steel Erection, ConveyorBelt Machine, Lighting Unit (Portable & Generator) , Pilot/Assistant Engineer/2 seated, Pumps-Pump Station-Water-Sewer-Gypsum-Plaster, etc. , Pump Truck(Sewer Jet or Similar) , Roller-Motorized (Walk Behind) , Welding Machine Steel Erection Excavation) , Well Point System, Welder's Helper, Mechanic's Helper, Bending Machine, Dust Collector, Mixer Concrete under 21-E, Heater all types, Steam Jenny, Stock Room Attendant, Siphon Pump-Air-Steam, Tar Joint Machine, Vibrator (1 to 5) , Compressor Truck mounted (2-6) . GROUP V-A: Master Mechanic, Master Mechanic Asst. , Helicopter Hoist Operator, Engineer-All Tower Cranes-All Climbing Cranes and all cranes of 100 ton capacity or greater(3900 Manitowac or similar) , Hoist Engineer(Steel) , Engineer-Pile Driver, Welder-Certified, Helicopter Pilot, Helicopter Signalman, Jersey Spreader, Pavement Breaker(Air Ram) , Post Hole Digger. GROUP V-B: Concrete Saw, Oiler, Utility Man. WAGES: (per hour) 7/01/2002 3/03/2003 3/01/2004 Group I . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37.34 $ 39.00 $ 40.66 Group I-A. . . . . . . . . . . . . . . . . . . . . . . . . 33.07 34 .54 36.00 Group I-B. . . . . . . . . . . . . . . . . . . . . . . . . 34.21 35.73 37.25 Group II-A. . . . . . . . . . . . . . . . . . . . . . . . 31.72 33.14 34 .54 Group II-B. . . . . . . . . . . . . . . . . . . . . . . . 31.85 33.27 34 .68 Group III. . . . . . . . . . . . . . . . . . . . . . . . . 31.19 32.58 33. 96 Group IV-A. . . . . . . . . . . . . . . . . . . . . . . . 28.47 29.74 30.99 Group IV-B. . . . . . . . . . . . . . . . . . . . . . . . 24 .65 25.74 26.81 Group V-A Master Mechanic/Asst. . . . . . . . . . . . . 34 .94 36.49 38.05 Helicopter Hoist Oper. . . . . . . . . . . . . 33.89 35.40 36.90 Engineer All Tower,Climbing and Cranes of 100 Tons. . . . . . . . . . . 42. 10 43. 98 45.87 Hoist Engrineer(Steel) . . . . . . . . . . . 37.72 39.40 41.08 Engineer(Pile Driver) . . . . . . . . . . . . 37.72 39.40 41.08 Welder(Certified) . . . . . . . . . . . . . . . . 32.65 34 . 10 35.55 Helicopter Pilot. . . . . . . . . . . . . . . . . . 38.38 40.09 41.81 Helicopter Signalman. . . . . . . . . . . . . . 31.58 32. 98 34 .38 Jersey Spreader, Pavement Breaker. (Air Ram) Post Hole Digger. . . . . . . . 31.86 33.28 34 . 68 Group V-B Utility Man. . . . . . . . . . . . . . . . . . . . . . 23.52 24 .56 25.58 Concrete Saw. . . . . . . . . . . . . . . . . . . . . 26.71 27. 90 29.06 Oiler. . . . . . . . . . . . . . . . . . . . . . . . . . . . 23. 18 24 .20 25.20 SHIFT DIFFERENTIAL: On all NYS D.O.T. and other Governmental mandated http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 33 of 48 off-shift work, an additional 15% of wage on straight time hours. 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. 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. 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. OVERTIME: See ( B, E, Q, T*, U**, V ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 7, 8, 11, 12 ) on HOLDIAY PAGE. Overtime: See ( 5, 6, 7, 8, 11, 12 ) on HOLIDAY PAGE. * Note: If employees are required to work on Easter Sunday they shall be paid at the rate of triple time. ** Note: For Holiday 5 & 6 code U applies. APPRENTICES: ( 1 ) year terms at the following rate. 1st 2nd 3th 4th $ 15. 60 18.71 21.83 24 . 95 SUPPLEMENTAL BENEFITS: (per hour) Journeyman: . . . . . . . . . .$ 10.16 Per hour paid. $ 10. 56 $ 11.06 + 6.15 Per hour for first + 6. 40 + 6.65 40 hours. + .45 Per hour worked. + .57 + .70 Apprentices: . . . . . . . . . .$ 10.16 Per hour paid. $ 10.56 $ 11.06 + .45 Per hour worked. + .57 + .70 8-137HH Updated 09/01/2002 ------------------------------------------------------------------------------- Operating Engineer - Marine Construction ALBANY COUNTY: Entire County ONEIDA COUNTY: Entire County ALLEGANY COUNTY: Entire County ONONDAGA COUNTY: Entire County BROOME COUNTY: Entire County ONTARIO COUNTY: Entire County CATTARAUGUS COUNTY: Entire County ORANGE COUNTY: Entire County CAYUGA COUNTY: Entire County ORLEANS COUNTY: Entire County CHAUTAUQUA COUNTY: Entire County OSWEGO COUNTY: Entire County CHEMUNG COUNTY: Entire County OTSEGO COUNTY: Entire County CHENANGO COUNTY: Entire County PUTNAM COUNTY: Entire County CLINTON COUNTY: Entire County RENSSELAER COUNTY: Entire County COLUMBIA COUNTY: Entire County ROCKLAND COUNTY: Entire County CORTLAND COUNTY: Entire County SARATOGA COUNTY: Entire County DELAWARE COUNTY: Entire County SCHENECTADY COUNTY: Entire County DUTCHESS COUNTY: Entire County SCHOHARIE COUNTY: Entire County http://www.labor.state.ny.usibusiness_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 34 of 48 ERIE COUNTY: Entire County SCHUYLER COUNTY: Entire County ESSEX COUNTY: Entire County SENECA COUNTY: Entire County FRANKLIN COUNTY: Entire County STEUBEN COUNTY: Entire County FULTON COUNTY: Entire County ST. LAWRENCE COUNTY: Entire County GENESEE COUNTY: Entire County SUFFOLK COUNTY: Entire County GREENE COUNTY: Entire County SULLIVAN COUNTY: Entire County HAMILTON COUNTY: Entire County TIOGA COUNTY: Entire County HERKIMER COUNTY: Entire County TOMPKINS COUNTY: Entire County JEFFERSON COUNTY: Entire County ULSTER COUNTY: Entire County LEWIS COUNTY: Entire County WARREN COUNTY: Entire County LIVINGSTON COUNTY: Entire County WASHINGTON COUNTY: Entire County MADISON COUNTY: Entire County WAYNE COUNTY: Entire County MONROE COUNTY: Entire County WESTCHESTER COUNTY: Entire County MONTOMERY COUNTY: Entire County WYOMING COUNTY: Entire County NASSAU COUNTY: Entire County YATES COUNTY: Entire County NEW YORK CITY: Entire County NIAGARA COUNTY: Entire County WAGES: (per hour) 7-01-02- 10-01-02- DIPPER & CLAMSHELL DREDGES 9-30-02 9-30-03 CLASS A: Operator. . . . . . . . . . . . . . . . . . . . . . . .$ 27.45 $ 28.07 CLASS B: Operator II. . . . . . . . . . . . . . . . . . . . .$ 22.53 $ 23.04 Engineer. . . . . . . . . . . . . . . . . . . . . . . . 24 . 17 24 .72 Boat Master. . . . . . . . . . . . . . . . . . . . . 22.73 23.24 CLASS C: Maintenance Eng. . . . . . . . . . . . . . . . .$ 23.07 $ 23.59 Mate. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.51 21. 99 Drag Barge Operator . . . . . . . . . . . . 21.51 21.99 Welder. . . . . . . . . . . . . . . . . . . . . . . . . . 22.71 23.22 Boat Capt. . . . . . . . . . . . . . . . . . . . . . . 21. 66 22.15 Chief of Party. . . . . . . . . . . . . . . . . . 21.51 21.99 CLASS D: Oiler. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 18. 18 $ 18.59 Scowman. . . . . . . . . . . . . . . . . . . . . . . . . 17.49 17.88 Rodman. . . . . . . . . . . . . . . . . . . . . . . . . . 17.49 17.88 Tug Deckhand. . . . . . . . . . . . . . . . . . . . 17.73 18.13 Deckhand. . . . . . . . . . . . . . . . . . . . . . . . 17.73 18.13 7-01-02- 10-01-02- HYDRAULIC DREDGES 9-30-02 9-30-03 CLASS A: Leverman. . . . . . . . . . . . . . . . . . . . . . . .$ 26.95 $ 27.56 CLASS B: Leverman II . . . . . . . . . . . . . . . . . . . .$ 22.53 $ 23.04 Engineer. . . . . . . . . . . . . . . . . . . . . . . . 23. 64 24.17 Derrick Operator. . . . . . . . . . . . . . . . 23.64 24 .17 Chief Mate. . . . . . . . . . . . . . . . . . . . . . 23.29 23.82 Chief Welder. . . . . . . . . . . . . . . . . . . . 23. 94 24 .48 Electrician. . . . . . . . . . . . . . . . . . . . . 22.92 23.43 Fill Placer. . . . . . . . . . . . . . . . . . . . . 23.29 23.82 Asst.Fill Placer. . . . . . . . . . . . . . . . 21.32 21 .80 Boat master. . . . . . . . . . . . . . . . . . . . . 22.72 23.23 CLASS C: Maintenance Eng. . . . . . . . . . . . . . . . .$ 23.07 $ 23.59 http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 35 of 48 Mate. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 .51 21.99 Drag Barge Operator. . . . . . . . . . . . . 21.51 21.99 Welder Dredge. . . . . . . . . . . . . . . . . . . 22.70 23.21 Spider Barge Operator . . . . . . . . . . 22.50 23.01 Boat Capt. . . . . . . . . . . . . . . . . . . . . . . 21 . 66 22. 15 Chief of Party. . . . . . . . . . . . . . . . . . 21 .51 21. 99 CLASS D: Oiler. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 18. 18 $ 18.59 Shoreman. . . . . . . . . . . . . . . . . . . . . . . . 17.50 17. 90 Rodman. . . . . . . . . . . . . . . . . . . . . . . . . . 17 .50 17.90 Deckhand. . . . . . . . . . . . . . . . . . . . . . . . 17.50 17.90 Tug Deckhand. . . . . . . . . . . . . . . . . . . . 17.73 18. 13 OVERTIME: See ( B, F, R ) on OVERTIME PAGE. HOLIDAY: Paid: See ( 5, 6, 8, 15, 26 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 15, 26 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) "The following SUPPLEMENTAL BENEFITS apply to ALL categories" 7-01-02- 10-01-02- 9-30-02 9-30-03 All Class A & B . . . . . . . . . . . . . . .$ 6.20 $ 6.45 plus 7% plus 7% of wage of wage (overtime hours add) . . . . . . . . . . . .$ 1.25 $ 1.25 All Class C . . . . . . . . . . . . . . . . . . . .$ 5.60 $ 5.85 plus 7% plus 7% of wage of wage (overtime hours add) . . . . . . . . . . . .$ 0. 95 $ 0.95 All Class D . . . . . . . . . . . . . . . . . . .$ 5.00 $ 5.25 plus 7% plus 7% of wage of wage (overtime hours add) . . . . . . . . . . .$ 0. 65 $ 0.65 4-25a Updated 09/01/2002 ------------------------------------------------------------------------------- Operating Engineer - Tunnel DUTCHESS COUNTY: That portion of Dutchess County which lies north/south of a line that starts at the Hudson River, runs downs the middle of main street in the City of Poughkeepsie to the City line, then runs east to Route 115, then north down the center of Route 115 to Bedeit Road, then east down the center of Bedeit Road to Van Wagner Road then north down the center of Van Wagner Road to Bower Road then east down the center of Bower Road to Route 44, and down the center of Route 44 east to Route 343, then down the center of Route 343 east to the northern boundary of the Town of Dover Plains, then east along the northern boundary of the Town of Dover Plains to the Connecticut http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 36 of 48 state line. PUTNAM COUNTY: Entire County. WESTCHESTER COUNTY: Entire County. 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 machine, Boat Captain, Boring Machine(all types) , Bull Dozer-all types, Central Mix Plant Operator, Cherry Picker(Cableway or hydraulic) , Chipper-all types, Close Circuit T.V. , Compactor with Blade, Concrete Portable Hoist, C.M.I. 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- Mine Hoist) , Hoist Engineer-Material, Hydraulic Boom, Letourneau or Tournapull (Scrapers over 20 yards struck) , Log Skidder, Moveable Concrete Barrier 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, Telephies-Vermeer Concrete Saw Trencher and/or similar, Tractor type demolition equipment, Whirly. GROUP I-B: Road Paver(Asphalt) . 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: Mechanic(outside) 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, Forklift (Electric) , 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) . GROUP IV-B: Bending Machine, Compressor-Compressor Plant-Paint, 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, Pilot/Assistant Engineer/2 seated, Pumps-Pump Station-Water-Sewer-Gypsum-Plaster, etc. , 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. http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 37 of 48 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, Asst. Master Mechanic, Post Hole Digger, Welder-Certified. GROUP V-B: Concrete Saw, Oiler, Utility Man. WAGES: (per hour) 7/01/2002 GROUP I. . . . . . . . . . . . . . . . . . . . $ 33. 99 GROUP I-A. . . . . . . . . . . . . . . . . . 31.80 GROUP I-B. . . . . . . . . . . . . . . . . . 32. 90 GROUP II-A. . . . . . . . . . . . . . . . . 30.51 GROUP II-B. . . . . . . . . . . . . . . . . 30. 63 GROUP III. . . . . . . . . . . . . . . . . . 30.00 GROUP IV-A. . . . . . . . . . . . . . . . . 27.38 GROUP IV-B. . . . . . . . . . . . . . . . . 23.71 GROUP V-A Engineer-Pile Driver. . . . . . 34 .35 Engineer-Cranes. . . . . . . . . . . 38.56 Helicopter Pilot. . . . . . . . . . 36.91 Helicopter Signalman. . . . . . 30.37 Helicopter Hoist Opr. . . . . . 32.59 Hoist Engineer. . . . . . . . . . . . 34.35 Jersey Spreader, Pavement Breaker(Air Ram) , Post Hole Digger. . . . . . . . . . . . . . . 30.64 Master Mechanic. . . . . . . . . . . 33.60 Asst. Master Mechanic. . . . . 33.60 Welder-Certified. . . . . . . . . . 31.40 GROUP V-B Concrete Saw. . . . . . . . . . . . . . 22.29 Oiler. . . . . . . . . . . . . . . . . . . . . 22.29 Utility Man. . . . . . . . . . . . . . . 22. 62 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. 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. 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. OVERTIME: See ( D, M, R*, T**, U***, V ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 7, 8, 11, 12 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 7, 8, 11, 12 ) ON HOLIDAY PAGE. * Note: For Holiday codes 7, 8, 11, 12, code R applies. ** Note: If employees are required to work on Easter Sunday, they shall be paid at the rate of triple time. *** Note: For Holiday codes 5 & 6, code U applies. APPRENTICES: ( 1 ) year terms at the following rate. http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 38 of 48 1st 2nd 3rd 4th $15.00 18.00 21.00 24 .00 SUPPLEMENTAL BENEFITS: (per hour) Journeyman. . . . . . . . . . . . . . . . .$ 9.76 all hours paid. + 6.00 for first 40 hours. + .35 for all hours worked. Apprentices. . . . . . . . . . . . . . . .$ 9.76 all hours paid. + .35 for all hours worked. 8-137Tun Updated 09/01/2002 ------------------------------------------------------------------------------- Operating Engineer -Trenchless Pipeline Rehabilitation ALBANY COUNTY: Entire County ONEIDA COUNTY: Entire County ALLEGANY COUNTY: Entire County ONONDAGA COUNTY: Entire County BROOME COUNTY: Entire County ONTARIO COUNTY: Entire County CATTARAUGUS COUNTY: Entire County ORANGE COUNTY: Entire County CAYUGA COUNTY: Entire County ORLEANS COUNTY: Entire County CHAUTAUQUA COUNTY: Entire County OSWEGO COUNTY: Entire County CHEMUNG COUNTY: Entire County OTSEGO COUNTY: Entire County CHENANGO COUNTY: Entire County PUTNAM COUNTY: Entire County CLINTON COUNTY: Entire County RENSSELAER COUNTY: Entire County COLUMBIA COUNTY: Entire County ROCKLAND COUNTY: Entire County CORTLAND COUNTY: Entire County SARATOGA COUNTY: Entire County DELAWARE COUNTY: Entire County SCHENECTADY COUNTY: Entire County DUTCHESS COUNTY: Entire County SCHOHARIE COUNTY: Entire County ERIE COUNTY: Entire County SCHUYLER COUNTY: Entire County ESSEX COUNTY: Entire County SENECA COUNTY: Entire County FRANKLIN COUNTY: Entire County STEUBEN COUNTY: Entire County FULTON COUNTY: Entire County ST. LAWRENCE COUNTY: Entire County GENESEE COUNTY: Entire County SUFFOLK COUNTY: Entire County GREENE COUNTY: Entire County SULLIVAN COUNTY: Entire County HAMILTON COUNTY: Entire County TIOGA COUNTY: Entire County HERKIMER COUNTY: Entire County TOMPKINS COUNTY: Entire County JEFFERSON COUNTY: Entire County ULSTER COUNTY: Entire County LEWIS COUNTY: Entire County WARREN COUNTY: Entire County LIVINGSTON COUNTY: Entire County WASHINGTON COUNTY: Entire County MADISON COUNTY: Entire County WAYNE COUNTY: Entire County MONROE COUNTY: Entire County WESTCHESTER COUNTY: Entire County MONTOMERY COUNTY: Entire County WYOMING COUNTY: Entire County NASSAU COUNTY: Entire County YATES COUNTY: Entire County NEW YORK CITY: Entire County NIAGARA COUNTY: Entire County On Contracts for Inspection Only: These rates Do Not APPLY OPERATING ENGINEER - Trenchless Pipeline Rehabilitation 7-01-02- 6-30-03 Lead Tec TV Crew. . . . . . . . . . . . . . . . . $31.74 Wet Out Tec. . . . . . . . . . . . . . . . . . . . . . $31.74 Technician. . . . . . . . . . . . . . . . . . . . . . . $30.48 http://www.labor.state.ny,us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 39 of 48 Boiler Operator. . . . . . . . . . . . . . . . . . $31. 10 Yard rate. . . . . . . . . . . . . . . . . . . . . . . . $26.70 Yard Mechanic. . . . . . . . . . . . . . . . . . . . $31. 10 NOTE: PREMIUM PAY 20% on straight time hours for NEW YORK STATE D.O.T. and other GOVERNMENTAL MANDATED off-shift work. OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 7, 8, 11 ) on HOLIDAY PAGE.** ** must work day before & day after or receive 2 hrs per intermittent day Overtime: See ( 5, 6, 7, 8, 11 ) on OVERTIME PAGE.** APPRENTICE ( 1 ) year terms at the following rates; 1st yr. . . . . . . . . . . . . . . . . . . . $ 18.47 2nd yr. . . . . . . . . . . . . . . . . . . . 19.21 3rd yr. . . . . . . . . . . . . . . . . . . . 19.79 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman. . . . . . . . . . . . . . . $ 23.54 Note Note: OVERTIME Journeyman. 22.60 Apprentice. . . . . . . . . . . . . . . 13.89 Note Note: OVERTIME Apprentice 5.60 4-138 Updated 09/01/2002 ------------------------------------------------------------------------------- Painter - Bridge/Structural Steel PUTNAM COUNTY: Entire county WESTCHESTER COUNTY: Entire county *Including the Tappen Zee and Bear Mountain Bridges. WAGES: (per hour) 7/01/02 10/01/02 STEEL: " Bridge. . . . . . . . . . . . . . . . . .$ 37.00 38.75 " Spray. . . . . . . . . . . . . . . . . . . 41.00 43.75 " Sandblasting. . . . . . . . . . . . 41.00 43.75 " Power Tool. . . . . . . . . . . . . . 41.00 43.75 OVERTIME PAY: See ( A, F, R ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6 ) on HOLIDAY PAGE. http://www.Iabor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 40 of 48 APPRENTICES: (1) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 40% 60% 80% SUPPLEMENTAL BENEFITS: (per hour worked) 48% of wages 48.5% of wages $3.50 per hr. $4 .00 per hr. 9 DC-9 Updated 09/01/2002 ------------------------------------------------------------------------------- Painter - Brush/Spray NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs PUTNAM COUNTY: Entire County SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 5/01/02 Brush. . . . . . . . . . . . . . . . . . . . .$ 30.25 Spray & Scaffold. . . . . . . . . . 33.25 Fire Escape. . . . . . . . . . . . . . . 33.25 Decorator. . . . . . . . . . . . . . . . . 33.25 Paperhanger. . . . . . . . . . . . . . . 33.70 OVERTIME PAY: See ( A, H ) on OVERTIME PAGE HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE Overtime: See ( 4, 5, 6, 25 ) on HOLIDAY PAGE APPRENTICES: Indentured after 5/31/93 ( 1 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th $11.30 15.13 18. 15 24 .20 SUPPLEMENTAL BENEFITS: ( per hour worked ) Paperhanger. . . . . . . . . . . . . .$ 17.66 All others. . . . . . . . . . . . . .$ 15. 42 Apprentices: 1st Year. . . . . . . . . . . . . . . .$ 5. 65 2nd Year. . . . . . . . . . . . . . . . 7.76 3rd Year. . . . . . . . . . . . . . . . 10. 13 4th Year. . . . . . . . . . . . . . . . 14 .40 9-NYDC9 http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 41 of 48 Updated 09/01/2002 ------------------------------------------------------------------------------- Painter - Highway Striping ALBANY COUNTY: Entire County CLINTON COUNTY: Entire County COLUMBIA COUNTY: Entire County DUTCHESS COUNTY: Entire County ESSEX COUNTY: Entire County FRANKLIN COUNTY: Entire County FULTON COUNTY: Entire County GREENE COUNTY: Entire County HAMILTON COUNTY: Entire County MONTGOMERY COUNTY: Entire County NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs ORANGE COUNTY: Entire County PUTNAM COUNTY: Entire County RENSSELAER COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: Entire County SCHENECTADY COUNTY: Entire County SCHOHARIE COUNTY: Entire County SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County ULSTER COUNTY: Entire County WARREN COUNTY: Entire County WASHINGTON COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/02 Painter (Striping-Highway) : Striping-Machine Operator. . . . . . . . . . . . . .$ 22.57 11 Helper. . . . . . . . . . . . . . . . . . . . . . . . . . 17. 99 Linerman. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27.09 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 2, 8, 11, 12, 15, 16, 17, 20 )ON HOLIDAY PAGE. Overtime: See ( 2, 8, 11, 12, 15, 16, 17, 20, 21, 22 ) ON HOLIDAY PAGE. APPRENTICES: (1) year terms at the following rates of journeyman's wage. 1st 2nd 3rd 4th 5th $12.00 $12.00 $13.00 $14 .00 $15.00 SUPPLEMENTAL BENEFITS: (per hour paid) 26% of wage $ .50 9-8a/28a (230) Updated 09/01/2002 ------------------------------------------------------------------------------- http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 42 of 48 Plumber / Steamfitter PUTNAM COUNTY: Entire County. WESTCHESTER COUNTY: Entire County. WAGES: (per hour) 7/01/2002 5/01/2003 5/01/2004 Journeyman. . . . . . . . . . . . . . $ 36. 68 $ 2. 63 $ 2.76 Per Hour Per Hour Increase. Increase. OVERTIME: See (* B, 0, V ) on OVERTIME PAGE. *NOTE: First three hours of overtime after regular working hours on Monday thru Friday shall be paid at time and one half the hourly rate. Any hours worked after the third hour is paid at double the hourly rate. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wages. 1st 2nd 3rd 4th 5th $ 13.42 15.34 18. 65 25. 84 27.88 SUPPLEMENTAL BENEFITS: ( per hour ) Journeyman . . . . . . . . . . . . . $ 14 .20 per hour paid + 1.55 per hour worked. Apprentices 1st term . . . . . . . . . . . . . 6. 12 per hour paid + 0.75 per hour worked. 2nd term . . . . . . . . . . . . . 6.82 per hour paid + 0.85 per hour worked. 3rd term . . . . . . . . . . . . . 7.91 per hour paid + 1.05 per hour worked. 4th term . . . . . . . . . . . . . 9.81 per hour paid + 1.55 per hour worked. 5th term . . . . . . . . . . . . . 10.31 per hour paid + 1.55 per hour worked. 8-21 Updated 09/01/2002 ------------------------------------------------------------------------------- Plumber / Steamfitter - Refrig. / Air Cond. PUTNAM COUNTY: Entire County. WESTCHESTER COUNTY: Entire County. WAGES: (per hour) 7/01/2002 1/01/2003 Refrigeration/Air Conditioning. . . . . . . . . . . . . . . $ 25.50 $ 1. 65 http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 43 of 48 Per Hour Increase OVERTIME: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 15, 25 ) on HOLIDAY page. OVERTIME: See ( 5, 6, 15, 25 ) on HOLIDAY page. APPRENTICES: ( 1 ) yr. terms after 1st yr. at the following wages. 1st 6 mo. 2nd 6 mo. 2nd yr. 3rd yr. 4th yr. 5th yr. $ 8.40 12.42 14 .19 17. 96 21 .74 22.99 SUPPLEMENTAL BENEFITS: (per hour worked) First 40 Hours For Hours in Excess Per Week of 40 Hours Per Week Journeyman . . . . . . . . . . . . . . . $ 7.75 $ 4 .83 Apprentices. . . . . . . . . . . . . . . 7.75 4 .83 8-21 Updated 09/01/2002 ------------------------------------------------------------------------------- Roofer DUTCHESS COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs ORANGE COUNTY: Entire County PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County SULLIVAN COUNTY: Entire County ULSTER COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/02 Roofer/Waterproofer. . . . . . . .$ 29.08 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 13, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. lst 2nd 3rd 40% 500 75% SUPPLEMENTAL BENEFITS: (per hour worked) http://www.labor.state.ny.usibusiness_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 44 of 48 Journeyman . . . . . . . . . . . . . .$ 18.78 Appr. . . . . . . . . . . . . . . . . . . . . Wage % of same 9-8R Updated 09/01/2002 ------------------------------------------------------------------------------- Sheetmetal Worker DUTCHESS COUNTY: Entire County. ORANGE COUNTY: Entire County. PUTNAM COUNTY: Entire County. ROCKLAND COUNTY: Entire County. SULLIVAN COUNTY: Entire County. ULSTER COUNTY: Entire County. WESTCHESTER COUNTY: Entire County. WAGES: (per hour) 7/01/2002 7/01/2003 7/01/2004 SheetMetal Worker. . . . . . . . . $ 32.40 $ 2.50 $ 2.50 Per Hour Per Hour Increase. Increase. OVERTIME: See ( B, E, Q, *V ) on OVERTIME PAGE. *Note: If worked Sunday or Holidays code V applies. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 13, 16, 23 ) on OVERTIME PAGE. APPRENTICES: ( 1/2 ) year terms at the following wages. lst 2nd 3rd 4th 5th 6th 7th 8th $12.35 13.82 15.52 17.35 19.13 20.68 22.36 24 .00 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman . . . . . . . . . . . . . . $ 17.59 Apprentices 1st term . . . . . . . . . . . . . . . 7.65 2nd term . . . . . . . . . . . . . . . 8.58 3rd term . . . . . . . . . . . . . . . 9.48 4th term . . . . . . . . . . . . . . . 10.14 5th term . . . . . . . . . . . . . . . 10.86 6th term . . . . . . . . . . . . . . . 11.81 7th term . . . . . . . . . . . . . . . 12.63 8th term . . . . . . . . . . . . . . . 13.49 8-38 Updated 09/01/2002 ------------------------------------------------------------------------------- Sheetmetal Worker - Sign Erector http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 45 of 48 NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/02 Sign Erector. . . . . . . . . . . . . . . .$ 32.50 *NOTE: Overhead highway signs and structurally supported signs (See Iron Worker Classification) OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th 9th loth 35% 40% 45% 50% 55% 60% 65% 70% 75% 80% SUPPLEMENTAL BENEFITS: Journeyman . . . . . . . . . . . . . . .$ 21.63 App 1st term. . . . . . . . . . . . . . 5.22 App 2nd term . . . . . . . . . . . . . 5.88 App 3rd term . . . . . . . . . . . . . 6.54 App, 4th term . . . . . . . . . . . . . 7.21 App, 5th term . . . . . . . . . . . . . 9.87 App, 6th term . . . . . . . . . . . . . 10.54 App 7th term . . . . . . . . . . . . . 13.19 App, 8th term . . . . . . . . . . . . . 14 .06 App 9th term . . . . . . . . . . . . . 16.52 App loth term . . . . . . . . . . . . 17. 18 9-137 Updated 09/01/2002 ------------------------------------------------------------------------------- Sprinkler Fitter DUTCHESS COUNTY: Entire County ORANGE COUNTY: Entire County PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County SULLIVAN COUNTY: Entire County ULSTER COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/1/2002 4/1/2003 4/l/2004 Sprinkler Fitter. . . . . . . 31.50 32.80 34 .05 http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 46 of 48 OVERTIME PAY: . . . . . . . . . . See ( B,E,Q, ) on OVERTIME PAGE. HOLIDAY: Paid: . . . . . . . . . . . . . . . . . . See ( 1 ) on HOLIDAY PAGE. Overtime: . . . . . . . . . . . . . . See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th 9th loth 45% 50% 55% 60% 65% 70% 75% 80% 85% 90% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman. . . . . . . . . . . . . . . $10.05 10.10 10.15 Apprs. 1st & 2nd terms. . . 3. 62 3.62 3. 62 Apprs. 3th & 4th terms 6.55 6.55 6.55 All other terms. . . . . . . . . . 10.05 10.10 10.15 1-669.2 Updated 09/01/2002 ------------------------------------------------------------------------------- Survey Crew - Heavy Highway DUTCHESS COUNTY: Entire County NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs PUTNAM COUNTY: Entire County SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 1/01/00 7/01/00 7/01/01 Survey Rates-Heavy/Highway: Party Chief. . . . . . . . . . . . . . . .$ 32.11 Addit. $3.22/hr. Addit. $3.22/hr. Instrument Man. . . . . . . . . . . . . 24 . 90 Addit. $1.74/hr. Addit. $1.74/hr. Rodman. . . . . . . . . . . . . . . . . . . . . 21.81 Addit. $1.43/hr. Addit. $1.43/hr. OVERTIME PAY: See ( B, E*, Q, V ) ON OVERTIME PAGE. *Doubletime paid on the 9th hour on Saturday. HOLIDAYS: Paid: See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman. . . . . . . . . . . . . . . . .$ 15.40 9-15Dh Updated 09/01/2002 ------------------------------------------------------------------------------- Survey Crew Consulting DUTCHESS COUNTY: Only the portion south of the north city line in Poughkeepsie. NASSAU COUNTY: Entire county http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 47 of 48 NEW YORK CITY: Entire 5 boroughs PUTNAM COUNTY: Entire county SUFFOLK COUNTY: Entire county WESTCHESTER COUNTY: Entire county Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a Consulting Engineer agreement. WAGES: (per hour) 7/01/01 7/01/02 Survey Rates: Party Chief. . . . . . . . . . . . . . .$ 25.91 Addt. Instrument Man. . . . . . . . . . . . 21.58 $. 90 Rodman. . . . . . . . . . . . . . . . . . . . 18.83 Per Hour OVERTIME PAY: See ( B, E*, Q, V ) ON OVERTIME PAGE. *Doubletime paid on the 9th hour on Saturday. HOLIDAYS: Paid: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman. . . . . . . . . . . . . . . . .$ 10. 95 9-15dconsult Updated 09/01/2002 ------------------------------------------------------------------------------- Teamster-Building and Heavy Highway PUTNAM COUNTY: Entire County. WESTCHESTER COUNTY: Entire County. GROUP A: Straight Trucks (6-wheeler and 10-wheeler) , A-frame, Winch, Dynamite, Seeding, Mulching, Agitator, Water, Cement (all types) , Suburban, Station Wagons, Cars, Pick Ups, any vehicle carrying materials of any kind. GROUP B: Tractor & Trailers (all types) , 14-wheeler. GROUP C: Low Boy (carrying equipment) . GROUP D: Fuel Trucks, Tire Trucks. GROUP E: Off-road Equipment (over 40 tons) : Euclid, Athey Wagons, D.J.B. , Belly Dumps, Articulated Dumps, Trailer Wagons. GROUP F: Off-road Equipment (under 40 tons) Euclid. GROUP G: Off-road Equipment (under 40 tons) Athey Wagons, DJB, Belly Dumps, Articulated Dumps, Trailer Wagons. GROUP H: Darts. GROUP I: RXS. http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 Page 48 of 48 WAGES: (per hour) 7/01/2002 7/01/2003 7/01/2004 GROUP A. . . . . . . . . . . . . . . . . $ 27.36 $ 1.80 $ 1.85 GROUP B. . . . . . . . . . . . . . . . . 27.98 Per Hour Per Hour GROUP C. . . . . . . . . . . . . . . . . 28. 61 Increase Increase GROUP D. . . . . . . . . . . . . . . . . 27.81 GROUP E. . . . . . . . . . . . . . . . . 28.36 GROUP F. . . . . . . . . . . . . . . . . 27.73 GROUP G. . . . . . . . . . . . . . . . . 28. 11 GROUP H. . . . . . . . . . . . . . . . . 28.86 GROUP I . . . . . . . . . . . . . . . . . 29.23 Note: Fuel truck operators on construction sites addit. $5.00 per day. For work on hazardous/toxic waste site addit. 20% of hourly rate. OVERTIME: See ( B, E, P, R, *T ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 7, 8, 11, 12 ) on HOLIDAY PAGE. Overtime: See (*5, *6, 7, 8, 11, 12 ) on HOLIDAY PAGE. *Note: Holiday codes 5 & 6, if worked, are overtime code T. SUPPLEMENTAL BENEFITS: (per hour paid) $ 15. 15 8-456 Updated 09/01/2002 ------------------------------------------------------------------------------- Welder STATEWIDE: Applies to all counites. WAGES (per hour) 7/01/2002 Welder. . . . . . . . . (To be paid the rate of the mechanic performing the work) Updated 09/01/2002 ------------------------------------------------------------------------------- http://www.labor.state.ny.us/business_ny/employer_responsibilities/prev.../WestchesterREG.tx 8/30/02 AIA Document A101104a Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1992 CONSTRUCTION MANAGER-ADVISER EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1992 Edition of AIA Document A201/CMa,General Conditions of the Contract for Construction,Construction Manager Adviser Edition, is adopted in this document by reference.Do not use with other general conditions unless this document is modified. AGREEMENT made as of the day of in the year of (In words,indicate day,montb and year) BETWEEN the Owner: VILLAGE OF RYE BROOK (Name and address) 938 KING STREET RYE BROOK NEW YORK 10573 and the Contractor: A 2 /To (fo A1 1_X,4 CT/,X) /.rN C - (Name and address) %oA, kC1zs , /V y / 0 -) 0 3 For the following Project: (Include detailed description of Project,location,address and scope.) RyE ?.eCD y- � I ASBFsrOs i tT��nEti1T Prh9 CONrrt,��r N0. Oa-01 The Construction Manager is: (Name and address) C in G-i� CMG tJ�u 2Du k'� _, Now 10-2 10,0) The Architect is: 1�.32_- 6142 3 (Name and address) \// / / -�y /�Q SU k1_ V /t/" / /1 t M I k-vl U/` C, 116 5 ►/t':�-",S A V EnJ v(� V hkoll-R, N of yvlec 105� 5 The Owner and Contractor agree as set forth below. Copyright 1975,1980,©1992 by TheAmerican Institute of Architects,1735 New York Avenue,N.W.,Washington,D.C.20006-5292.Reproduction of the material herein or substantial quotation of its provisions without the written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. AIA DOCUMENT A101/CMa • OWNER-CONTRACTOR AGREEMENT, CONSTRUCTION MANAGER-ADVISER EDITION•AIAe •©1992•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006.5292 • WARNING: Unlicensed '� photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A101/CMa-1992 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Condi- tions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agree- ment and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral.An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner,through the Construction Manager,in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date of commencement.Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) �O �T IV (; S (4S> 7 subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101/CMa • OWNER-CONTRACTOR AGREEMENT, CONSTRUCTION MANAGER-ADVISER EDITION•AIAe •©1992•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW,WASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. Al O1/CMa-1992 2 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of SIx-ry etG0T7-IvvS,41Jb Frovi2 14(lAIartE1) SE✓6A—) ' F, V Dollars (S 6$1 y 7S D P ), subject to additions and de uctions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. /f decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of sucb other alternates sbowing the amount for each and the date until wbicb that amount is valid.) 4.3 Unit prices, if any, are as follows: Sd eR CV L . ONT/+Wt IA/0+ so I L_ ),Vl0V4_f__t� D2 A 0 -Pi D U 1 , S 0 P T-C w► &evz- , Z d AIA DOCUMENT A101/CMa OWNER-CONTRACTOR AGREEMENT, CONSTRUCTION MANAGER-ADVISER EDITION•AIA® •©1992•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A101/CMa-1992 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager,and upon Project Applica- tions and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the f S'T day of a month, the Owner shall make payment to the Contractor not later than the 3 D day of the FoI.LG w/AI&month.If an Application for Payment is received by the Construction Manager after the appli- cation date fixed above, payment shall be made by the Owner not later than 6 v days after the Construction Manager receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents.The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule,unless objected to by the Construction Manager or Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of t-/ ✓L- percent( 5— %). Pending final determina- tion of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing), less retainage of ,,--7/ vt percent 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts,if any,for which the Construction Manager or Architect has withheld or nullified a Certificate for Pay- ment as provided in Paragraph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to percent( %)of the Contract Sum,less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subparagraphs 5.6.1 and 5.62 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) AIA DOCUMENT A101/CMa - OWNER-CONTRACTOR AGREEMENT, CONSTRUCTION MANAGER-ADVISER EDITION-AIA® -©1992-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292 - WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. Al O1/CMa-1992 4 ARTICLE 6 FINAL PAYMENT Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when (1)the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconform- ing Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements,if any,which necessarily survive final payment;and(2)a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) AIA DOCUMENT A101/CMa • OWNER-CONTRACTOR AGREEMENT, CONSTRUCTION MANAGER-ADVISER EDITION•AIA® •©1992•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed photocopying violates US.copyright laws and will subject the violator to legal prosecution. Al O1/CMa-1992 5 ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor,AlA Document A101/CMa, 1992 Construction Manager-Adviser Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager-Adviser Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated 4t/9P/S -r/ 200 Z , and are as follows: Document // Title Pages 6o NT2!!G T S1_oEC 1 F1e,4T1,gA1 eye- 6 eo O K r/�P E f t;vs c bEm0Z- 1 7-l(2,V - --14St3FfTOs /VT /V o , 0 Z— , Ev�IC D -7-0 14,�16u S i 30, Zoo .Z 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages SEE !30✓C Co A.,77 72 4 t✓'T AIA DOCUMENT A101/CMa - OWNER-CONTRACTOR AGREEMENT, CONSTRUCTION MANAGER-ADVISER EDITION-AIA® -©1992-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292 - WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A101/CMa-1992 6 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date 9.1.6 The Addenda, if any, are as follows: Number Date Pages 10 l Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101/CMa - OWNER-CONTRACTOR AGREEMENT, CONSTRUCTION MANAGER-ADVISER EDITION-AIA® -©1992-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006-5292 - WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A101/CMa-1992 7 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid,Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above`and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CONT OR (Signature) (Si at e) �. F2A NC I S L. �/ I PO u)> jc l -M�T o 1'Z cl MT S L�, C'7��^,IC, rfe 5 (Printed name and title) (Printed name and title) �— CAUTION: You should sign an original AIA document which has this caution printed in red..M An original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. AIA DOCUMENT A101/CMa • OWNER-CONTRACTOR AGREEMENT, CONSTRUCTION MANAGER-ADVISER EDITION•AIA® •©1992•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20oo6-5292 • WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A101/CMa-1992 8 AIA Document A201/CMa General Conditions of the Contract for Construction Where the Construction Manager is NOT a Constructor 1992 CONSTRUCTION MANAGER-ADVISER EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION. TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 13. MISCELLANEOUS PROVISIONS 7. CHANGES IN THE WORK 14. TERMINATION OR SUSPENSION OF THE CONTRACT Copyright 1975, 1980, ©1992 by The American Institute of Architects,1735 New York Avenue,N.W.,Washington,D.C.20006-5292.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. 1 AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIA® - ©1992 - THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006-5292-WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A201/CMa-1992 1 INDEX Acceptance of Nonconforming Work..................9.6.6,9.9.3,12.3 Asbestos ...................................................10.1.2,10.1.3,10.1.4 Acceptance of Work ........................9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 Attomeys'Fees..............................................3.18.1,9.10.2,10.1.4 Access to Work .............................................3.16,6.2.1,12.1 Award of Separate Contracts................................................6.1.1 Accident Prevention......................................................4.6.6,10 Award of Subcontracts and Other Contracts for Acts and Omissions.....................3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.6.6, Portions of the Work.........................................................52 4.6.2,4.7.9,8.3.1,10.1.4,10.2.5,13.4.2,13.7,14.1 Basic Definitions ............................................................1.1 Addenda..................................................................1.1.1,3.11 Bidding Requirements ..............................1.1.1,1.1.7,5.2.1,11.4.1 Additional Costs,Claims for ............4.7.6,4.7.7,43.9,6.1.1,10.3 Boiler and Machinery Insurance ....................................11.32 Additional Inspections and Testing ...............4.6.10,9.8.2,12.2.1,13.5 Bonds,lien ..................................................................9.10.2 Additional Time,Claims for ...............4.7.6,4.7.8,43.9,8.3.2,10.3 Bonds,Performance and Payment ............7.3.6.4,9.10.3,11.3.9,11.4 ADMINISTRATION OF THE CONTRACT...............3.3.3,4,9.4,9.5 Building Permit.........................................................2.2.3,3.7.1 Advertisement or Invitation to Bid .......................................1.1.1 Capitalization..................................................................1A Aesthetic Effect .............................................:........4.6.20,4.9.1 Certificate of Substantial Completion ....................................9.8.2 Allowances .....................................................................3.8 Certificates for Payment.........4.6.8,4.6.9,9.3.3,9.4,9.5,9.6.1,9.6.6, All-risk Insurance ..................:......................................11.3.1.1 9.7.1,9.8.3,9.10.1,9.10.3,13.7,14.1.13,14.2.4 Applications for Payment ...............4.6.9,7.3.7,9.2,9.3,9.4,9.5.1, Certificates of Inspection,Testing or Approval ............3.12.11,13.5.4 9.6.3,9.8.3,9.10.1,9.10.3,9.10.4,11.1.3,14.2.4 Certificates of Insurance....................................9.3.2,9.10.2,11.1.3 Approvals .....................2.4,3.3.3,3.5,3.10.3,3.12.4 through 3.12.8, Change Orders............1.1.1,2.4.1,3.8.2.4,33m,4.6.13,4.7.3,5.2.3, 3.18.3,4.6.12,9.3.2,11.3.1.4,13.4.2,13.5 7.1,72,7.3.2,8.3.1,9.3.1.1,9.10.3,11.3.1.2,11.3.4,11.3.9,12.1.2 Arbitration.........................................................4.5,4.7.41 4.9, Change Orders,Definition of .............................................7.2.1 8.3.1,10.1.2,11.3.9,11.3.10 Changes ........................................................................7.1 Architect ........................................................................4.1 CHANGES IN THE WORK...........................3.11,4.6.13,4.6.14,7, Architect,and Certificate for Payment ....................................4.6.9 8.3.1,93.1.1,10.1.3 Architect,Definition of ......................................................4.1.1 Claim,Definition of.........................................................4.7.1 Architect,Extent of Authority .....................2.4.1,3.12.6,4.6.6,4.7.2, Claims and Disputes ..............................4.7,4.8,4.9,6.2.5,8.3.2, 5.2,6.3,7.1.2,7.2.1,7.4,9.2,9.3.1,9.4,9.5,9.6.3,9.8.2, 9.3.1.2,9.3.3,9.10A,10.1.4 9.8.3,9.10.1,9.103,12.1,12.2.1,13.5.1,13.5.2,14.2.2,14.2.4 Claims and Timely Assertion of Claims ...........................4.9.6 Architect,limitations of Authority and Responsibility ...............3.3.3, Claims for Additional Cost ...............4.7.6,4.7.7,43.9,6.1.1,10.3 3.12.8,3.12.11,4.6.5,4.6.6,4.6.10,4.6.12, Claims for Additional Time ...............4.6.9,4.7.6,4.7.8,4.79,8.3.2 4.6.17,4.6.19,4.6.20,4.7.2,5.2.1,7.4,9.6.4 Claims for Concealed or Unknown Conditions..................4.7.6 Architect's Additional Services and Expenses .....................2.4,9.8.2, Claims for Damages .........3.18,4.7.9,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4 113.1.1,12.2.1,12.2.4,13.5.2,13.5.3,14.2.4 Claims Subject to Arbitration.................................4.7.2,4.8.4,4.9.1 Architect's Administration Cleaning Up ............................................................3.15,6.3 of the Contract .................................4.6,4.7.6,4.7.7,4.8,9.4,9.5 Commencement of Statutory Limitation Period..................13.7 . Architect's Approvals .......................................2.4.1,3.5.1,3.10.3, Commencement of the Work,Conditions Relating to.........2.1.2,2.2.1, 3.12.6,3.12.8,3.18.3,4.6.12 3.2.1,3.2.2,3.7.1,3.10.1,3.12.6,4.7.7,5.2.1, Architect's Authority to Reject Work............3.5.1,4.6.16,12.1.2,12.2.1 6.2.2,8.1.2,8.2.2,9.2,11.13,113.6,11.4.1 Architect's Copyright .........................................................1.3 Commencement of the Work,Definition of ...........................8.1.2 Architect's Decisions ...........................4.6.10,4.6.12,4.6.18,4.6.19, Communications,Owner to Architect ....................................2.2.6 4.6.20,4.7.2,4.7.6,4.8.1,4.8.4,4.9,6.3,8.1.3, Communications,Owner to Construction Manager ..................2.2.6 8.3-1,9.2,9.4,9.5.1,9.8.2,9.9.1,10.1.2,13.5.2,14.2.2,14.2.4 Communications Facilitating Architect's Inspections ..............................4.6.5,4.6.16,4.7.6,9.4.3, Contract Administration .....................................3.9.1,4.6.7,5.2.1 9.8.2,9.9.2,9.10.1,13.5 Completion,Conditions Relating to.........3.11,3.15,4.6.5,4.6.16,4.7.2, Architect's Instructions ............4.6.10,4.6.12,7.4.1,9.4.3,12.1,13.5.2 9.4.2,9.8,9.9.1,9.10,11.3.5,12.2.2,13.7.1 Architect's Interpretations.................................4.6.18,4.6.19,4.7.7 COMPLETION,PAYMENTS AND ..........................................9 Architect's On-Site Observations ...........................4.6.5,4.6.9,4.7.6, Completion,Substantial ..............................4.6.16,4.7.5.2,8.1.1, 9.4.3,9.5.1,9.10.1,13.5 &1.3,8.2.3,9.8,9.9.1,12.2.2,13.7 Architect's Project Representative .......................................4.6.17 Compliance with Iaws .........1.3,3.6,3.7,3.13,4.1.1,10.2.2,11.1,11.3, Architect's Relationship with Contractor ...1.1.2,32.1,3.2.2,3.3.3,3.5.1, 13.1,13.5.1,13.5.2,13.6,14.1.1,142.1.3 3.7.3,3.11,3.12.8,3.12.11,3.16,3.18,4.6.6,4.6.7,4.6.10,4.6.12,4.6.19, Concealed or Unknown Conditions.......................................4.7.6 5.2,6.2.2,7.3.4,9.8.2,10.1.2,10.1.4,10.1.5,11.3.7,12.1,13.5 Conditions of the Contract .................................1.1.1,1.1.7,6.1.1 Architect's Relationship with Construction Manager .........1.1.2,2.4.1, Consent,Written ............1.3.1,3.12.8,3.142,4.7.4,4.9.5,9.3.2,9.8.2, 3.12.6,3.12.8,4.6.8,4.6.10,4.6.14,4.6.16,4.6.18,63.1,9.7.1,9.8, 9.9.1,9.10.2,9.10.3,10.1.2,10.1.3,11.3.1,11.3.1.4,11.3.11,13.2.13.4.2 9.9.1,9.92,9.10.1,9.10.2,9.10.3,12.2.4,13.5.1,13.5.2,13.5.4,14.2.4 CONSTRUCTION BY OWNER OR BY Architect's Relationship with Subcontractors ............1.1.2,4.6.6,4.6.7, OTHER CONTRACTORS ..........................................1.1.4,6 4.6.10,5.3.1,9.6.3,9.6.4,11.3.7 Construction Change Directive,Definition of...........................7.3.1 Architect's Representations.................................9.4.3,9.5.1,9.10.1 Construction Change Directives.........1.1.1,4.6.13,7.1,7.3,9.3.1.1 Architect's Site visits ........................4.6.5,4.6.9,4.6.16,4.7.6,9.4.3, Construction Manager......................................................42 9.5.1,9.8.2,9.9.2,9.10.1,13.5 Construction Manager,and Building Permits ...........................2.2.3 AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION•1992 EDITION•AIA®•01992•THE AMERICAN INSITIl7IE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006.5292•WARNING:Unllcensed 2 A201/CMa-1992 photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. Construction Manager,Claims against....................................4.7.2 Contractor's Relationship with Subcontractors.........1.2.4,3.3.2,3.18.1, Construction Manager,Communications through .....................4.6.7 3.18.2,5.2,5.3,5A,9.6.2,11.3.7,11.3.8,14.2.1.2 Construction Manager,and Construction Schedule .........3.10.1,3.10.2 Contractor's Relationship with the Architect......1.1.2,3.2.1,3.2.2,3.3.3, Construction Manager,Definition of ....................................4.2.1 3.5.1,3.7.3,3.7.4,3.10.1,3.10.3,3.11.1,3.12.6,3.12.8,3.12.9, Construction Manager,and Documents and Samples at the Site...3.11.1 3.16.1,3.18,4.6.6,4.6.7,4.6.10,4.6.12,4.6.19,5.2,6.2.2,7.3.4, Construction Manager,Extent of Authority ............3.12.6,3.12.8,4.3, 9.2.1,9.3.1,9.8.2,9.10.2,9.10.3,10.1.2,10.1.5,10.2.6,11.3.7,12.1,13.5 4.6.3,4.6.11,7.1.2,7.2.1,7.3.1,8.3.1,9.2.1,9.3.1,9.4.1,9.4.3, Contractor's Relationship with the Construction Manager .........1.1.2, 9.8.2,9.8.3,9.9.1,12.1.1,12.2.1,12.2.4,14.2.2,14.2.4 3.2.1,3.2.2,3.3.1,3.3.3,3.5.1,3.7.3,3.7.4,3.10.1,3.10.2,3.10.3, Construction Manager,limitations.of 3.11.1,3.12.5,3.12.6,3.12.8,3.12.9,3.12.11,3.13.2,3.14.2,3.15.2, Authority and Responsibility ...........................4.6.6,4.6.10,13.4.2 3.16.1,3.17.1,3.18.1,3.18.3,4.6.3,4.6.4,4.6.6,5.2,6.2.1,6.2.2, Construction Manager,and Submittals .................................3.10.3 7.1.2,7.2.1,7.3.4,7.3.6,7.3.9,8.3.1,9.2.1,9.3.1,9.4.1,9.4.2,9.4.3, Construction Manager's Additional 9.7.1,9.8.2,9.9.1,9.10.1,9.10.2,9.10.3,10.1.1,10.1.2,10.1.5, Services and Expenses ..........................................12.2.1,12.2.4 10.2.6,11.3.7,12.1,13.5.1,13.5.2,13.5.3,13.5.4 Construction Manager's Administration Contractor's Representations.........1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 of the Contract ......................................................4.6,9.4,9.5 Contractor's Responsibility for Construction Manager's Approval.................................2.4.1,3.10.3 Those Performing the Work 3.3.2,3.18,4.6.6,10 ........................... Construction Manager's Authority Contractor's Review of Contract Documents ...............1.2.2,3.2,3.7.3 to Reject Work ...................................................4.6.10,12.2.1 Contractor's Right to Stop the Work .......................................9.7 Construction Manager's Decisions ........................7.3.6,7.3.7,7.3.8, Contractor's Right to Terminate the Contract ...........................14.1 9.3.1,9.4.1,9.5.1 Contractor's Submittals ...............3.10,3.11,3.12,4.6.12,5.2.1,5.2.3, Construction Manager's Inspections......4.6.10,9.4.3,9.8.2,9.9.2,12.1.1 7.3.6,9.2.9.3.1,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,11.4.2 Construction Manager's On-Site Observations ................ .......9.5.1 Contractor's Superintendent .......................................3.9,10.2.6 Construction Manager's Relationship with Architect .........1.1.2,4.6.8, Contractor's Supervision and Construction Procedures.........1.2.4,3.3, 4.6.10,4.6.11,4.6.14,4.6.16,4.6.18,6.3.1,9.2.1,9.4.2, 3.4,4.6.6,8.2.2,8.2.3,10 9.4.3,9.5.1,9.6.1,9.6.3,9.8.2,9.8.3,9.9.1,9.10.1,9.10.2.9.10.3, Contractual liability Insurance .....................11.1.1.7,11.2.1,11.3.1.5 11.1.3,12.2.4,13.5.1,13.5.2,13.5.4,14.2.2,14.2.4 Coordination and Correlation.........1.2.2,1.2.4,3.3.1,3.10,3.12.7,6.2.1 Construction Manager's Relationship with Contractor.........3.2.1,3.2.2, Copies Fumished of Drawings and Specifications 1.3,2.2.5,3.11 3.3.1,3.3.3,3.5.1,3.7.3,3.10.1,3.10.2,3.10.3,3.11.1,3.12.5,3.12.6, Correction of Work ........................23,2.4,3.2.1,4.6.1,9.8.2,9.9.1, 3.12.8,3.12.9,3.12.10,3.12.11,3.13.2,3.14.2,3.15.2,3.16.1,3.17.1, 12.1.2,12.2,13.7.1.3 3.18.1,3.18.3,4.6.3,4.6.4,4.6.6,4.6.11,5.2,6.2.1,6.2.2,7.1.2, Cost,Definition of............................................................7.3.6 7.2.1,7.3.4,7.3.6,7.3.9,8.3.1,9.2.1,9.3.1,9.4.1,9.4.2,9.4.3, Costs ...................2.4,3.2.1,3.7.4,3.8.2,3.15.2,4.7.6,4.7.7,4.7.8.1, 9.7.1,9.8.2,9.9.1,9.10.1,9.10.2,9.10.3,10.1.1,10.1.2. 5.2.3,6.1.1,6.2.3,63.1,7.3.3.3,7.3.6,73.7,9.7,9.8.2,9.10.2. 10.1.5,10.2.6,11.3.7,12.1,13.5.1,13,5.2,13.5.3,13.5.4 11.3.1.2,11.3.1.3,11.3.4,11.3.9,12.1,12.2.1,12.2.4,12.2.5,13.5,14 Construction Manager's Relationship Cutting and Patching .............................................3.14,6.2.6 with Owner ..........................................2.2.3,4.6.1,4.6.2,10.1.6 Damage to Construction of Construction Manager's Relationship with Other Owner or Other Contractors...........................3.14.2,6.2.4,9.5.1.5, Contractors and Owners Own Forces .................................4.6.3 10.2.1.2,10.2.5,10.3.11.1,11.3,12.2.5 Construction Manager's Relationship Damage to the Work...............3.14.2,9.9.1,10.2.1.2,10.2.5,10.3,11.3 with Subcontractors.................................4.6.10,5.3.1,9.6.3,9.6.4 Damages,Claims for..................3.18,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4 Construction Manager's Representations ........................9.4.3.9.5.1 Damages for Delay ....................................6.1.1,8.3.3,9.5.1.6,9.7 Construction Manager's Site Visits .................................9.4.4,9.5.1 Date of Commencement of the Work,Definition of ..................8.1.2 Construction Schedules,Contractor's .....................3.10,4.6.3,4.6.4 Date of Substantial Completion,Definition of...........................8.1.3 Contingent Assignment of Subcontracts ...........................5.4 Day,Definition of ............................................................8.1.4 Continuing Contract Performance .................................4.7.4 Decisions of the Architect ...............4.6,4.7,6.3,8.1.3,8.3.1,9.2,9.4, Contract,Definition of . I ... _....................................1.1.2 1 9.5.1,9.8.2,9.9.1,10.1.2,13.5.2,14.2.2,14.2.4 CONTRACT,TERMINATION OR Decisions of the Construction Manager......4.3,7.3.6,7.3.7,7.3.8,9.3.1, SUSPENSION OF THE....................................4.7.7,5.4.1.1,14 9.4.1,9.4.3,9.5.1 Contract Administration .......................................3.3.3,4,9.4,9.5 Decisions to Withhold Certification 9.5,9.7,14.1.1.3 .................. Contract Award and Execution,Conditions Relating to.........3.7.1,3.10, Defective or Nonconforming Work,Ac ceptame, 5.2,9.2,11-1.3,11.3.6,11.4.1 Rejection and Correction of..._.....•.23,2.4,3.5.1,4.6.1,4.6.10,4.7.5,9.5, Contract Documents,The .......................................1.1,12,7 9.8.2,9.9.1,10.2.5,12,13.7.13 Contract Documents,Copies Furnished and Use of.........1.3,2.2.5,5.3 Defective Work,Definition of .............................................3.5.1 Contract Documents,Definition of .......................................1.1.1 Definitions ........................1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3, Contract Performance During Arbitration ........................4.7.4,4.9.3 4.1.1,4.2.1,4.7.1,5.1,6.1.1,7.2.1,7.3.1,7.3.6,8.1,9.1,9.8.1 Contract Sum ...........................3.8,4.7.6,4.7.7,4.8.4,5.2.3,7.2,7.3, Delays and Extensions of Time ............4.7.1,4.7.8.1,4.7.8.2,6.1.1, 9.1,9.7,11.3.1.12.2.4,12.3,14.2.4 6.2.3,7.2.1.3,7.3.1,7.3.4,7.3.5,7.3.8,7.3.9,8.1.1,8.3,10.3.1,14.1.1.4 Contract Sum,Definition of....................... ........................9.1.1 Disputes .................................4.7,4.8,4.9,6.2.5,6.3,7.3.8,9.3.1.2 Contract Time.................................4.7.6,4.7.8.1,4.8.4,7.2.1.3,7.3, Documents and Samples at the Site .......................................3.11 8.2.1,8.3.1,9.7,12.1.1 Drawings,Definition of ons,................................................1.1.$ Contract Time,Definition of............................................ .... Drawings and Specifications, CONTRACTOR ................................................................:.3 Use and Ownership of.................... . .1.1.1,1.3,2.2.5,3.11,5.3 Contractor,Definition of.............................................3.1.1,6.1.2 Duty to Review Contract Documents and Field Conditions ............3.2 Contractor's Bid...............................................................1.1.1 Effective Date of Insurance .............. .....8.2.2,11.1.2 .................... Contractor's Construction Schedule.................................3.10 Emergencies ........... 4.7.7,10.3 Contractor's Employees ........................3.3.2,3.4.2,3.8.1,3.9,3.18, Employees,Contractor's ............3.3.2.,3.4.2,3.8.1,3.9,3.18.1,3.18.2, 4.6.6,4.6.10,8.1.2,10.2,10.3,11.1.1,14.2.1.1 4.6.6,4.6.10,8.1.2,10.2.10.3,11.1.1,14.2.1.1 Contractor's Liability Insurance ...........................11.1,11.3.1.5 Equipment,labor,Materials and .....................1.1.3,1.1.6,3.4,3.5.1, Contractor's Relationship with Other Contractors and 3.8.2,3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.6.12,6.2.1, Owner's Own Forces ..................3.12.5,3.14.2,4.6.3,4.6.7,6,12.2.5 7.3.6,9.3.2.93.3,11.3,12.2.4,14.1.2,14.2.1,14.2.2 AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONsmuc 10N MANAGER-ADVISER EDr11ON•1992 EDITION•AlA®•c1992•THE AMERICAN INS"ITlum OF ARCHiIEM,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.200065292•WARNING:Unliceneed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A201/CMa--1 992 3 i Execution and Progress of the Work ......1.2.3,3.4.1,3.5.1,4.6.5,4.6.6, Materials,Hazardous ................................................10.1,10.2.4 i 4.7.4,4.7.8,6.2.2,7.1.3,8.2,8.3,9.5,9.9.1,10.2.3,10.2.4 Materials,labor,Equipment and ............1.1.3,1.1.6,3.4.1,3.5.1,3.8.2, Execution,Correlation and Intent of the 3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1, j Contract Documents ................................................1.2,3.7.1 4.6.12,6.2.1,73.6,9.3.2,9.3.3,12.2.4,14.1.2,14.2.1,14.2.2 Extensions of Tune ...........................4.7.1,4.7.8,7.2.1.3,8.3,10.3.1 Means,Methods,Techniques,Sequences and Failure of Payment by Contractor ...........................9.5-1.3,14.2.1.2 Procedures of Construction........................3.3.1,4.6.6,4.6.12,9.4.3 Failure of Payment by Owner.................................4.7.7,9.7,14.1.3 Minor Changes In the Work..................1.1.1,4.6.13,4.7.7,7.1,7.4 Faulty Work(See Defective or Nonconforming Work) MISCELLANEOUS PROVISIONS .......................................13 Final Completion and Final Payment ......4.6.1,4.6.16,4.7.2,4.7.5, Modifications,Definition of ................................................1.1.1 9.10,11.1.2,11.1.3,11.3.5,12.3.1,13.7 Modifications to the Contract 1.1.1,1.1.2,3.7.3, 8 •-•--•• 3.11,4.1.2,4.6.1,5.2.3,7,8.3.1,9.7 Financial Arrangements,Owner's...................... . . . . .....2.2.1 Fire and Extended Coverage Insurance ............11.3-1.1,11.3.5,11.3.7 Mutual Responsibility ..........................................:...........6.2 GENERAL PROVISIONS......................................................1 Nonconforming Work,Acceptance of ..............................12.3 Goveming Law ............................................................13.1 Nonconforming Work,Rejection and Correction of.........2.3.1,4.7.5.2, Guarantees(See Warranty and Warranties) 9.5.2,9.8.2,12,13.7.1.3 Hazardous Materials ................................................10.1,10.2.4 Notice............2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8,3.12.9,3.17, Identification of Contract Documents ....................................1.2.1 4.7,4.8.4,4.9,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.6.1,9.7, Identification of Subcontractors and Suppliers ........................5.2.1 ...9.10,10.1.2,10.2.6,11.1.3,11.3,12.2.2,12.2.4,133,13.5.1,13.5.2,14 Indemnification ...............3.17,3.18,9.10.2,10.1.4,11.3.1.2,11.3.7 Notice,Written........................2.3,2.4,3.9,3.12.8,3.12.9,4.7,4.8.4, j Information and Services Required of the Owner.........2.1.2,2.2, 4.9,5.2.1,53,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10, II 4.7.4,6.2.6,9.3.2,9.6.1,9.6.4,9.8.3,9.9.2, 10.1.2,10.2.6,11.1.3,11.3,12.2.2,12.2.4,13.3,13-5.2,14 9.10.3,10.1.4,11.2,11.3,13.5.1,13.5.2 Notice of Testing and Inspections ..............................13.5.1,13.5.2 Injury or Damage to Person or Property...........................4.7.9 Notice to Proceed ............................................................8.2.2 Inspections..............................3.3.3,3.3.4,3.7.1,4.6.5,4.6.6,4.6.16, Notices,Permits,Fees and...............2.2.3,3.7,3.13,7.3.6.4,10.2.2 4.7.6,9.4.3,9.8.2,9.9.2.9.10.1,12.1.1,13.5 Observations,Architect's On-Site..................4.6.5,4.6.9,4.6.10,4.7.6, Instructions to Bidders ......................................................1.1.1 9.4.4,9.5.1,9.10.1,12.1.1,13.5 Instructions to the Contractor .........3.8.1,4.6.13,5.23,7,12.1,13.5.2 Observations,Construction Manager's On-Site ...............9.4.4,12.1.1 Insurance ..................4.7.9,6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2,11 Observations,Contractor's ..........................................1.2.2,3.2.2 Insurance,Boiler and Machinery....................................11.3.2 Occupancy .............................................9.6.6,9.8.1,9.9,11.3-11 Insurance,Contractor's Liability ...........................11:1,11.3.13 On-Site Inspections by the Architect.....................4.6.5,4.6.16,4.7.6, Insurance,Effective Date of .......................................8.2.2,11.1.2 9.4.4,9.8.2,9.9.2,9.10.1 Insurance,Loss of Use ................................................1.1.3.3 On-Site Observations by the Architect.....................4.6.5,4.6.9,4.7.6, Insurance,Owner's Liability.................................11.2,11.3.1.3 9.4.4,9.5.1,9.10.1,13.5 Insurance,Property .............................................10.2.5,11.3 On-Site Observations by the Construction Manager............9.4.4,9.5.1 Insurance,Stored Materials .....................................9.3.2,11.3.1.4 Orders,Written...........................2.3,3.9,4.7.7,7,8.2.2,11.3.9,12.1, INSURANCE AND BONDS ................................................11 12.2,13.5.2,14.3.1 Insurance Companies,Consent to Partial Occupancy ......9.9.1,11.3.11 Other Contracts and Contractors..................1.1.4,3.14.2,4.6.7,4.9.5, Insurance Companies,Settlement with ..............................11.3.10 ............................................................6,113.7,12.1.2.12.2.5 Intent of the Contract Documents .....................1.2.3,3.12.4,4.6.10, OWNER 4.6.12,4.6.19,4.6.20,7.4 Owner,Definition Of............................................................2.1 Interest ........................................................................13.6 Owner,Information and Services Interpretation ..................1.2-5,1.4,1.5,4.1.1,4.7.1,5.1,6.1.2,8.1.4 Required of the.................................2.1.2,22,4.6.2,4.6.4,6,9, Interpretations,Written....................................4.6.18,4.6.19,4.7.7 10.1.4,10.1.6,11.2,11.3,13.5.1,14.1.1.5.14.1.3 Joinder and Consolidation of Claims Required ........................4.9.5 Owner's Authority .....................3.8.1.5.2.1,5.2.4,5.4.1,7.3.1,8.2.2, Judgment on Final Award..............................4.9.1,4.9.4.1,4.9.7 1 9.3.1,9.3.2,11.4.1,12.2.4,13.5.2,14.2,14.3.1 Labor and Materials,Equipment ..................1.1.3,1.1.6,3.4,3.5.1, Owner's Financial Capability ....................................2.2.1,14.1.1.5 3.8.2,3.12.2,3.12.3,3.12.7,3.12.11,3.13, Owner's Liability Insurance.............................................112 3.15.1,4.6.12,6.2.1,7.3.6,9.3.2,9.33,12.2.4,14.1.2,14.2.1,14.2.2 Owner's Loss of Use Insurance ..........................................11.3.3 labor Disputes ...............................................................8.3.1 Owner's Relationship with Subcontractors.........1.1.2,5.2.1,5.4.1,9.6.4 laws and Regulations .................................1.3,3.6,3.7,3.13,4.1.1, Owner's Right to Carry Out the Work ............2.4,12.2.4,14.2.2.2 4.9.5,4.9.7,9.9.1,10.2.2,11.1,11.3,13.1,13.4.1,13-5.1,13.5.2,13.6 Owner's Right to Clean Up................................................6.3 liens....................................2.1.2,4.7.2,4.7.5.1,8.2.2,9.3.3,9.10.2 Owner's Right to Perform Construction with Own Fortes Limitation on Consolidation or Joinder ...........................4.9.5 and to Award Other Contracts .......................................6.1 limitations,Statutes of ....................................4.9.4.2,12.2.6,13.7 Owner's Right to Stop the Work.................................2.3,4.7.7 Limitations of Authority .................................3.3.1,4.6.12,4.6.17, Owner's Right to Suspend the Work.......................................14.3 5.2.2,5.2.4,7.4,11.3.10 Owner's Right to Terminate the Contract.................................14.2 Imitations of liability.........2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.11,3.17, Ownership and Use of Architect's Drawings, 3.18,4.6.10,4.6.12,4.6.19,6.2.2,9.4.3,9.6.4,9.10.4,10.1.4, Specifications and Other Documents............1.1.1,1.3,2.2.5,5.3 10.2.5,11.1.2,11.2.1,11.3.7,13.4.2,13.5.2 Partial Occupancy or Use ..............................9.6.6,9.9,11.3.11 Limitations of Time,General..................2.2.1,2.2.4,3.2.1,3.7.3,3.8.2, Patching,Cutting and ....................:........................3.14,6.2.6 3.10,3.12.5,3.15.1,4.6.1,4.6.12,4.6.18,4.7.2,4.7.3,4.7.4,4.7.6, Patents,Royalties and ...................................................3.17 4.7.9,4.9.4.2,5.2.1,5.2.3,6.2.4,7.3.4,7.4,8.2,9.2,9.5,9.6.2,9.8, Payment,Applications for ...............4.6.9,9.2,9.3,9.4,9.5.1,9.8.3, 9.10,11.1.3,11.3.1,11.3.2,11.3.5,11.3.6,12.2.1, 12.2.2,13.5,13.7, 14.3 9.10.1,9.10.3,9.10.4,14.2.4 Limitations of Time,Specific 2.1.2,2.2.1,2.4,3.10, Payment,Certificates for.....................4.6.9,4.6.16,9.3.3,9.4,9.5, 3.11,3.15.1,4.6.1,4.6.18,4.7,4.8,4.9,5.3,5.4,7.3.5,7.3.9, 9.6.1,9.6.6,9.7.1,9.8.3,9.10.1,9.10.3.13.7,14.1.1.3,14.2.4 8.2,9.3.1,9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2,11.1.3, Payment,Failure of .........4.7.7,9.5.1.3,9.7,9.10.2,14.1.1.3,14.2.1.2 11.3.6,11.3.10,11.3.11,12.2.2,12.2.4,12.2.6,13.7,14.1,14.2.2 Payment,Final .....................4.6.1,4.6.16,4.7.2,4.7.5,9.10,11.1.2, Loss of Use Insurance ................................................11.3.3 11.1.3,11.3.5,12.3.1 Material Suppliers ...........................1.3.1,3.12.1,4.6.7,4.6.10,5.2.1, Payment Bond,Performance 9.3.1,9.3.1.2,9.3.3,9.4.3,9.6.5,9.10.4 Bond and .......................................7.3.6.4,9.103,11.3.9,11.4 AIA DOCUMENT A201/CMa •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION C0NS1RUCn0N MANAGER-ADVISER EDITION•1992 EDITION•AIAO•01992•THE AMMUCAN RCTn VIE 4 A201/CMa-1992 OF AB UE,M,1735 NEW YORK AVEN N.W.,WASHINGTON,D.C.20006-5292•WARNING:Unkena ld photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. Payments,Progress ............4.7.4,9.3,9.6,9.8.3,9.10.3,13.6,14.2.3 Subrogation,Waivers of ..............................6.1.1,11-3.5,11.3.7 PAYMENTS AND COMPLETION.......................................9,14 Substantial Completion .................................4.6.16,8.1.1,8.1.3, Payments to Subcontractors ..............................5.4.2,9.5.1.3,9.6.2, 8.2.3,9.8,9.9.1,12.2.1,12.2.2,13.7 9.6.3,9.6.4,11.3.8,14.2.1.2 Substantial Completion,Definition of............................ .......9.8.1 PCB •••-••••••••-•••••............••..•..•. .10.1.2,10.1.3,10.1.4 Substitution of Subcontractors ....................................5.2-3,5.2.4 Performance Bond and Payment Bond.........7.3.6.4,9.10.3,11.3.9,11.4 Substitution of Architect ......................................................4.4 Permits,Fees and Notices ...............2.2.3,3.7,3.13,7.3.6.4,10.2.2 Substitution of Construction Manager.......................................4.4 PERSONS AND PROPERTY,PROTECTION OF.....................10 Substitutions of Materials ...................................................3.5.1 Polychlorinated Biphenyl.................................10.1.2,10.1.3,10.1.4 Sub-subcontractor,Definition of ..........................................5.1.2 Product Data,Definition Of................................................3.12.2 Subsurface Conditions ......................................................4.7.6 Product Data and Samples,Shop Drawings.........3.11,3.12,4.2.7 Successors and Assigns .........:...:...:..............................13.2 Progress and Completion .................................4.6.5,4.7.4,8.2 Superintendent ......................................................3.9,10.2.6 Progress Payments ............4.7.4,9.3,9.6,9.8.3,9.10.3,13.6,14.2.3 Supervision and Constriction Procedures ............1.2.4,3.3,3.4, Project,Definition of the.................................................. 1.1.4 4.6.6,4.7.4,6.2.4,7.1.3,7.3.4,8.2,83.1,10,12,14 Project Manual,Definition of the .......................................1.1.7 Surety ..............................4.8.1,4.8.4,5.4.1.2,9.10.2,9.10.3,14.2.2 Project Manuals ...............................................................2.2.5 Surety,Consent of ................................................9.10.2,9.10.3 Project Representatives .............................................:.....4.6.17 Surveys .............................:.......................................... ..........2.2.2,3.18.3 Property Insurance................................................10.2.5,11.3 Suspension by the Owner for Convenience 14.3 .. PROTECTION OF PERSONS AND PROPERTY .....................10 Suspension of the Work ...........................4.7.7,5.4.2,14.1.1.4,14.3 Regulations and laws .........1.3,3.6,3.7,3.13,4.1.1,4.9.5,4.9.7,10.2.2, Suspension or Termination of the Contract ...............4.7.7,5.4.1.1,14 11.1,11.3,13.1,13.4,13.5.1,13.5-2,13.6,14 Taxes ..................................................................3.6,7.3.6.4 Rejection of Work .............................................3.5A,4.6.10,12.2 Termination by the Contractor .....................:.................14.1 Releases of Waivers and liens.............................................9.10.2 Termination by the Owner for Cause .....................5.4.1.1,14.2 Representations........................1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3, Termination of the Architect ................................................4.4 9.4.3,9.5.1,9.8.2,9.10.1 Termination of the Construction Manager.................................4.4 Representatives ..........................................2.1.1,3.1.1,3.9,4.1.1, Termination of the Contractor ...........14.2.2 . .................. . 4.6.1,4.6.17,5.1.1,5.1.2,13.2.1 TERMINATION OR SUSPENSION OF THE CONTRACT .........14 Resolution of Claims and Disputes ..............................4.8,4.9 Tests and Inspections .........3.33,4.6.10,4.6.16,9.4.3,12.2.1,13.5 Responsibility for Those Performing the Work.........3.3.2,4.6.6,6.2,10 TIME............................. 8 .................................................. Retainage ...............................9.3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.10.3 Time,Delays and Extensions of 4.7.8,7.2.1,8.3 ............ .. ........ Review of Contract Documents and Field Time limits,Specific ............ .......................2.1.2,2.2.1,2.4,3.10, Conditions by Contractor........................1.2.2,3,2,3.7.3,3.12.7 4.6.18,4.7,4.8.1,4.8.3,4.8.4,4.9.1,4.9.4.1,4.9.4.2,5.3,5.4, Review of Contractor's Submittals by Owner, 7.3.5,7.3.9,8.2,9.2,9.3.1,9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2, Construction Manager and Architect ........................3.10.1,3.10.3, 11.1.3,11.3.6,11.3.10,113.11,12.2.2,12.2.4,12.2.6,13.7,14 3.11,3.12,4.6.12,4.6.16.5.2.1,5.2.3,9.2,9.8.2 Time Limits on Claims ..................4.7.2,4.7.3,43.6,4.7.9,43,4.9 Review of Shop Drawings,Product Data Title to Work........................ and Samples by Contractor 9.3.2,9.3.3 .............................................3.12.5 UNCOVERING AND CORRECTION OF WORK Rights and Remedies ...............1.1.2,2.3,2.4,3.5.1,3.15.2,4.6.10, Uncovering of Work ........................................ ..-.121 .......... 4. 7. .9,5.3,6.1,6.3,7.3.1,8.3.1,9.5.1,9.7,10.2.5, Unforeseen Conditions .......4.7.6,8.3.1,10.1 ..................... 10.3,12.2.2,12.2.4,13.4,14 Unit Prices............................................................7.1.4,7.3.3.2 Royalties and Patents 3.17 Use of Documents .................................1.1-1,1.3,2.2.5,3.12.7,5.3 Rules and Notices for Arbitration ....................................4.9.2 Use of Site......................................................3.13,6.1.1,6.2.1 Safety of Persons and Property .................................... ..10.2 Values,Schedule of 9 2,9.3.1 ................................... . Safety Precautions and Programs ..................4.6.6,4.6.12,10.1 Waiver of Claims:Final Payment.....................4.7.5,4.9.1,9.10.3 Samples,Definition of......................................................3.12.3 Waiver of Claims by the Architect 13.4.2 Samples,Shop Drawings,Product Data and ......3.11,3.12,4.6.12 Waiver of Claims by the Contractor.....................9.10.4,11.3.7,13.4.2 Samples at the Site,Documents and.................................3.11 Waiver of Claims by the Owner 4.7.5,4.9.1,9.9.3, Schedule of Values...................................................9.2,93.1 9.10.3.11.3.3,11.3.5,11.3.7,13.4.2 Schedules,Construction......................................................3-10 Waiver of liens...............................................................9.10.2 Separate Contracts and Contractors.......................................1.1.4 Waivers of Subrogation ..............................6.1.1,113.5,11.3.7 Shop Drawings,Definition of.............................................3.12.1 Warranty and Warranties....................................3.5,4.6.16,4.7.5, Shop Drawings,Product Data 93.3.9.8.2,9.9.1,12.2.2,13.7.1.3 and Samples ..............................3.11,3.12,4.6.11,4.6.12,4.6.15 Weather Delays ............................................................4.7.8.2 Site,Use of ...................................................3.13,6.1.1,6.2.1 When Arbitration May Be Demanded ............ 4.9.4 .................. Site Inspections .........1.2.2,3.3.4,4.6.5,4.6.16,4.7.6,9.8.2,9.10.1,13.5 Work,Definition of .........................................................1.1.3 Site visits,Architect's..........................................4.6.5,4.6.9,4.7.6, Written Consent ....................................1.3.1,3.12.8,3.14.2,4.7.4, 9.4.2,9.5.1,9.8Z,9.9.2,9.10.1,13.5 4.9.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,10.1.3, Special Inspections and Testing...........................4.6.10,12.2.1,13.5 11.3.1,11.3.1.4,11.3.11,13.2,13.4.2 Specifications,Definition of the .......................................1.1.6 Written Interpretations ....................................4.6.18,4.6.19,4.7.7 Specifications,The .....................1.1.1,1.1.6,1.1.7,1.2.4,1.3,3.11 Written Notice...............2.3,2.4,3.9,3.12.8,3.12.9,4.7.1,4.7.6,4.7.9, Statute of limitations.......................................4.9.4.2,12.2.6,13.7 4.8.4,4.9.4.1,5.2.1,5.3,5.4.1.1,8.2.2,9.4.2,9.5.1,9.7,9.10, Stopping the Work...........................2.3,4.7.7,9.7,10.1.2,10.3,14.1 10.1.2,10.2.6,11.1.3,11.3,12.2.2,12.2.4,13.3,13.5.2,14 Stored Materials ........................6.2.1,9.3.2,10.2.1.2,11.3.1.4,12.2.4 Written Orders ..........................................2.3,3.9,4.7.7,7,8.2.2, Subcontractor,Definition of................................................5.1.1 11.3.9,12.1,12.2,13.5.2,14.3.1 SUBCONTRACTORS .........................................................5 Subcontractors,Work by .........1.2.4,3.3.2,3.12.1,4.6.6,4.6.10,5.3,5.4 Subcontractual Relations............5.3,5.4,9.3.1.2,9.6.2,9.6.3,9.6.4, 10.2.1,11.3.7,11.3.8,14.1.1,14.1.3,14.2.1.2 Submittals.....................1.3,3.2.3,3.10,3.11,3•l2,4.6.12,5.2.1,5.2.3, - 7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2,9.10.3,11.1.3 AIA DOCUMENT A201/CMa• GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDn10N•1992 EDMON•AIAe.01992•THE AMMCAN INS IWIE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006-5292•WARNING:Untioensed photocopvino violates U.S.cooviiaht laws and will sohio t tha virdatnr t..i—o,........,.a,.., AIM-f tract_ .r,ns GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 showing the design, location and dimensions of the Work, GENERAL PROVISIONS generally including plans, elevations,sections,details,sched- ules and diagrams. 1.1 BASIC DEFINITIONS 1.1.6 THE SPECIFICATIONS 1.1.1 THE CONTRACT DOCUMENTS The Specifications are that portion of the Contract Documents The Contract Documents consist of the Agreement between consisting of the written requirements for materials, equip- Owner and Contractor(hereinafter the Agreement), Condi- ment,construction systems,standards and workmanship for tions of the Contract(General,Supplementary and other Con- the Work, and performance of related services. ditions), Drawings, Specifications, addenda issued prior to 1.1.7 THE PROJECT MANUAL execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the The Project Manual is the volume usually assembled for the Contract. A Modification is(1)a written amendment to the Work which may include the bidding requirements, sample Contract signed by both parties,(2)a Change Order,(3)a Con- forms, Conditions of the Contract and Specifications. struction Change Directive or(4)a written order for a minor change in the Work issued by the Architect. Unless specifically 1.2 EXECUTION, CORRELATION AND INTENT enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements 1.2.1 The Contract Documents shall be signed by the Owner (advertisement or invitation to bid, Instructions to Bidders, and Contractor as provided in the Agreement. If either the sample forms, the Contractor's bid or portions of addenda Owner or Contractor or both do not sign all the Contract relating to bidding requirements). Documents,the Architect shall identify such unsigned Docu- 1.1.2 THE CONTRACT ments upon request. 1.2.2 Execution of the Contract by the Contractor is a rep- The Contract Documents form the Contract for Construction. resentation that the Contractor has visited the site, become The Contract represents the entire and integrated agreement familiar with local conditions under which the Work is to between the parties hereto and supersedes prior negotiations, be performed and correlated personal observations with representations or agreements,either written or oral.The Con- requirements of the Contract Documents. tract may be amended or modified only by a Modification. 1.2.3 The intent of the Contract Documents is to include all The Contract Documents shall not be construed to create a contractual relationship of any kind(1)between the Architect items necessary for the proper execution and completion of and Contractor, (2)between the Construction Manager and the Work by the Contractor. The Contract Documents are Contractor,(3)between the Architect and Construction Man- complementary,and what is required by one shall be as bind- ager, (4) between the Owner and a Subcontractor or Sub- ►ng as if required by all;performance by the Contractor shall subcontractor or(5) between any persons or entities other be required only to the extent consistent with the Contract than the Owner and Contractor. The Construction Manager Documents and reasonably inferable from them as being and Architect shall,however,be entitled to performance and necessary to produce the intended results. enforcement of obligations under the Contract intended to 1.2.4 Organization of the Specifications into divisions,sec- facilitate performance of their duties. tions and articles,and arrangement of Drawings shall not con- 1.1.3 THE WORK trol the Contractor in dividing the Work among Subcontrac- tors or in establishing the extent of Work to be performed by The term "Work" means the construction and services any trade. required by the Contract Documents,whether completed or partially completed, and includes all other labor, materials, w Unless otherwise stated in the Contract Documents, words equipment and services provided or to be provided by the words which have well-known technical or construction industry meanings are used Contractor to fulfill the Contractor's obligations. The Work i the Contract Documents in may constitute the whole or a part of the Project. accordance with such recognized meanings. 1.1.4 THE PROJECT 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, The Project is the total construction of which the Work per- SPECIFICATIONS AND OTHER DOCUMENTS formed under the Contract Documents may be the whole 1.3.1 The Drawings, Specifications and other documents or a part and which may include construction by other Con- prepared by the Architect are instruments of the Architect's tractors and by the Owner's own forces including persons or service through which the Work to be executed by the Con- entities under separate contracts not administered by the Con- tractor is described.The Contractor may retain one contract struction Manager. record set.Neither the Contractor nor any Subcontractor,Sub- subcontractor or material or equipment supplier shall own 1.1.5 THE DRAWINGS or claim a copyright in the Drawings,Specifications and other documents rered by the Architect, and unless The Drawings are the graphic and pictorial portions of the indicated the Ac hi ectt shall be deemed the authortherwise of hem Contract Documents,wherever located and whenever issued, and will retain all common law,statutory and other reserved AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION •AIA° • 19)1992 • THE AMERICAN R A 7(N/( f1/I n_1 a 07 INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASH►N(-.7t7N n C?MrKa,)ov.weohnwr. rights,in addition to the copyright.All copies of them,except financial arrangements have been made to fulfill the Owner's the Contractor's record set, shall be returned or suitably obligations under the Contract.(Note:Unless such reasonable accounted for to the Architect,on request,upon completion evidence were furnished on request prior to the execution of of the Work. The Drawings, Specifications and other docu- the Agreement, the prospective contractor would not be ments prepared by the Architect,and copies thereof furnished required to execute the Agreement or to commence the Work.J to the Contractor,are for use solely with respect to this Proj- ect. They are not to be used by the Contractor or any Sub- 2.2.2 The Owner shall furnish surveys describing physical contractor, Sub-subcontractor or material or equipment characteristics, legal limitations and utility locations for the supplier on other projects or for additions to this Project out- site of the Project, and a legal description of the site. side the scope of the Work without the specific written 2.2.3 Except for permits and fees which are the responsibility consent of the Owner and Architect. The Contractor, Sub- contractors, Sub-subcontractors and material or equipment of the Contractor under the Contract Documents,the Owner shall secure and pay for necessary approvals, easements, suppliers are granted a limited license to use and reproduce applicable portions of the Drawings,Specifications and other assessments and charges required for construction, use or documents prepared b the Architect appropriate to and for occupancy of permanent structures or for permanent changes p p y use in existing facilities.Unless otherwise provided under the Con- ments. All copies made under this license shall bear the the execution of their Work under the Contract Docu- tract Documents,the Owner,through the Construction Man- statutory copyright notice, if any, shown on the Drawings, ager, shall secure and pay for the building permit. Specifications and other documents prepared by the Architect. 2.2.4 Information or services under the Owner's control shall Submittal or distribution to meet official regulatory require- be furnished by the Owner with reasonable promptness to ments or for other purposes in connection with this Project avoid delay in orderly progress of the Work. is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,free of charge,such copies 1.4 CAPITALIZATION of Drawings and Project Manuals as are reasonably necessary 1.4.1 Terms capitalized in these General Conditions include for execution of the Work. those which are(1)specifically defined,(2)the titles of num- 2.2.6 The Owner shall forward all communications to bered articles and identified references to Paragraphs, Sub- the Contractor through the Construction Manager and shall paragraphs and Clauses in the document or (3) the titles contemporaneously provide the same communications to of other documents published by the American Institute the Architect. of Architects. 2.2.7 The foregoing are in addition to other duties and 1.5 INTERPRETATION responsibilities of the Owner enumerated herein and espe- cially those in respect to Article 6(Construction by Owner 1.5.1 In the interest of brevity the Contract Documents fre- or by Other Contractors), Article 9(Payments and Comple- quently omit modifying words such as "all" and "any" and tion) and Article 11 (Insurance and Bonds). articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in 2.3 OWNER'S RIGHT TO STOP THE WORK another is not intended to affect the interpretation of either statement. 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by,Paragraph 12.2 or persistently fails to carry out ARTICLE 2 Work in accordance with the Contract Documents,the Owner, OWNER by written order signed personally or by an agent specifically so empowered by the Owner in writing,may order the Con- 2.1 DEFINITION tractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the 2.1.1 The Owner is the person or entity identified as such Owner to stop the Work shall not give rise to a duty on the in the Agreement and is referred to throughout the Contract part of the Owner to exercise this right for the benefit of the Documents as if singular in number.The term"Owner"means Contractor or any other person or entity. the Owner or the Owner's authorized representative. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.1.2 The Owner upon reasonable written request shall fur- nish to the Contractor in writing information which is nec- 2.4.1 If the Contractor defaults or neglects to carry out the essary and relevant for the Contractor to evaluate,give notice Work in accordance with the Contract Documents and fails of or enforce mechanic's lien rights. Such information shall within a seven-day period after receipt of written notice from include a correct statement of the record legal title to the prop- the Owner to commence and continue correction of such erty on which the Project is located, usually referred to as default or neglect with diligence and promptness,the Owner the site,and the Owner's interest therein at the time of execu- may after such seven-day period give the Contractor a second tion of the Agreement and,within five days after any change, written notice to correct such deficiencies within a second information of such change in title,recorded or unrecorded. seven-day period.If the Contractor within such second seven- day period after receipt of such second notice fails to com- 2.2 INFORMATION AND SERVICES mence and continue to correct any deficiencies, the Owner REQUIRED OF THE OWNER may, without prejudice to other remedies the Owner may have, correct such deciencies. In sch case an riate 2.2.1 The Owner shall,at the request of the Contractor,prior Change Order shall be issued deducting from paymentosthen to execution of the Agreement and promptly from time to time or thereafter due the Contractor the cost of correcting such thereafter,furnish to the Contractor reasonable evidence that deficiencies, including compensation for the Construction AIA DOCUMENT A2011CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIAO • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006-5292•WARNING: Unlicensed photocopying violates U.S.copyright taws and will subject the violator to legal prosecution. A201/CMa-1947 7 Manager's and Architect's and their respective consultants' acts and omissions of the Contractor's employees, Subcon- additional services and expenses made necessary by such tractors and their agents and employees, and other per- default, neglect or failure. Such action by the Owner and sons performing portions of the Work under a contract with amounts charged to the Contractor are both subject to prior the Contractor. approval of the Architect,after consultation with the Construe- 3.3.3 The Contractor shall not be relieved of obligations to tion Manager.If payments then or thereafter due the Contrac- tor are not sufficient to cover such amounts, the Contractor perform the Work in accordance with the Contract Docu- shall pay the difference to the Owner. ments either by activities or duties of the Construction Manager or Architect in their administration of the Contract, or by tests, inspections or approvals required or performed ARTICLE 3 by persons other than the Contractor. CONTRACTOR 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that 3.1 DEFINITION such portions are in proper condition to receive subsequent Work. 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agree- 3.4 LABOR AND MATERIALS ment as if singular in number.The term"Contractor"means the Contractor or the Contractor's authorized representative. 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, 3.1.2 The plural term"Contractors"refers to persons or en- equipment, tools, construction equipment and machinery, tities who perform construction under Conditions of the Con- water, heat, utilities, transportation, and other facilities and tract that are administered by the Construction Manager,and services necessary for proper execution and completion of that are identical or substantially similar to these Conditions. the Work,whether temporary or permanent and whether or 3.2 REVIEW OF CONTRACT DOCUMENTS AND not incorporated or to be incorporated in the Work. FIELD CONDITIONS BY CONTRACTOR 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons 3.2.1 The Contractor shall carefully study and compare the carrying out the Contract. The Contractor shall not permit Contract Documents with each other and with information employment of unfit persons or persons not skilled in tasks furnished by the Owner pursuant to Subparagraph 2.2.2 and assigned to them. shall at once report to the Construction Manager and Architect errors,inconsistencies or omissions discovered.The Contrac- 3.5 WARRANTY for shall not be liable to the Owner, Construction Manager or Architect for damage resulting from errors,inconsistencies 3.5.1 The Contractor warrants to the Owner, Construction or omissions in the Contract Documents unless the Contrac- Manager and Architect that materials and equipment furnished for recognized such error, inconsistency or omission and under the Contract will be of good quality and new unless knowingly failed to report it to the Construction Manager and otherwise required or permitted by the Contract Documents, Architect.If the Contractor performs any construction activity that the Work will be free from defects not inherent in the knowing it involves a recognized error,inconsistency or omis- quality required or permitted,and that the Work will conform sion in the Contract Documents without such notice to the with the requirements of the Contract Documents.Work not Construction Manager and Architect, the Contractor shall conforming to these requirements,including substitutions not assume appropriate responsibility for such performance and properly approved and authorized,may be considered defec- shall bear an appropriate amount of the attributable costs for tive.The Contractor's warranty excludes remedy for damage correction. or defect caused by abuse,modifications not executed by the Contractor,improper or insufficient maintenance, improper 3.2.2 The Contractor shall take field measurements and verify operation, or normal wear and tear under normal usage. if field conditions and shall carefully compare such field required by the Construction Manager or Architect,the Con- measurements and conditions and other information known tractor shall furnish satisfactory evidence as to the kind and to the Contractor with the Contract Documents before com- quality of materials and equipment. mencing activities. Errors, inconsistencies or omissions dis- covered shall be reported to the Construction Manager and 3.6 TAXES Architect at once. 3.6.1 The Contractor shall pay sales,consumer,use and similar 3.2.3 The Contractor shall perform the Work in accordance taxes for the Work or portions thereof provided by the Con- with the Contract Documents and submittals approved pur- tractor which are legally enacted when bids are received or suant to Paragraph 3.12. negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.7 PERMITS, FEES AND NOTICES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contrac- 3.7.1 Unless otherwise provided in the Contract Documents, for shall be solely responsible for and have control over the Owner shall secure and pay for the building permit and onstruction means,methods,techniques,sequences and pro- the Contractor shall secure and pay for all other permits and cedures and for coordinating all portions of the Work under governmental fees, licenses and inspections necessary for this Contract,subject to overall coordination of the Construe- proper execution and completion of the Work which are tion Manager as provided in Subparagraphs 4.6.3 and 4.6.4. customarily secured after execution of the Contract and which are legally required when bids are received or negotia- 3.3.2 The Contractor shall be responsible to the Owner for tions concluded. AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIAs • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECT'S,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006-5292•WARNING: 8 A201/CMa-1992 Unlicensed photocopying violates U.S,copyright laws and will subject the violator to legal prosecution. 3.7.2 The Contractor shall comply with and give notices required by the conditions of the Work and Project,shall be required by laws, ordinances, rules, regulations and lawful related to the entire Project construction schedule to the ex- orders of public authorities bearing on performance of tent required by the Contract Documents,and shall provide the Work. for expeditious and practicable execution of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that 3.10.2 The Contractor shall cooperate with the Construction the Contract Documents are in accordance with applicable Manager in scheduling and performing the Contractor's Work laws,statutes,ordinances,building codes,and rules and regula- to avoid conflict, delay in or interference with the Work of tions. However, if the Contractor observes that portions of other Contractors or the construction or operations of the the Contract Documents are at variance therewith,the Con- Owner's own forces. tractor shall promptly notify the Construction Manager,Archi- tect and Owner in writing, and necessary changes shall be 3.10.3 The Contractor shall prepare and keep current,for the accomplished by appropriate Modification. Construction Manager's and Architect's approval,a schedule of submittals which is coordinated with the Contractor's Con- 3.7-4 if the Contractor performs Work knowing it to be co dine and a allows the Censtraetien A4ana��z and trary to laws,statutes, ordinances, building codes, and rules Architect reasonable time to review submittals. and regulations without such notice to the Construction 3.10.4 The Contractor shall conform to the most recent Manager,Architect and Owner, the Contractor shall assume schedules. full responsibility for such Work and shall bear the attributa- ble costs. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.8 ALLOWANCES 3.11.1 The Contractor shall maintain at the site for the Owner 3.8.1 The Contractor shall include in the Contract Sum all one record copy of the Drawings, Specifications, addenda, allowances stated in the Contract Documents.Items covered Change Orders and other Modifications, in good order and by allowances shall be supplied for such amounts and by such marked currently to record changes and selections made persons or entities as the Owner may direct,but the Contrac- during construction, and in addition approved Shop Draw- tor shall not be required to employ persons or entities against ings, Product Data, Samples and similar required submittals. which the Contractor makes reasonable objection. These shall be available to the Construction Manager and Architect and shall be delivered to the Construction Manager 3.8.2 Unless otherwise provided in the Contract Documents: for submittal to the Owner upon completion of the Work. .1 materials and equipment under an allowance shall be 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES selected promptly by the Owner to avoid delay in the Work; 3.12.1 Shop Drawings are drawings,diagrams,schedules and .2 allowances shall cover the cost to the Contractor of other data specially prepared for the Work by the Contractor materials and equipment delivered at the site and all or a Subcontractor,Sub-subcontractor,manufacturer,supplier required taxes, less applicable trade discounts; or distributor to illustrate some portion of the Work. .3 Contractor's costs for unloading and handling at the 3.12.2 Product Data are illustrations,standard schedules,per- site, labor, installation costs, overhead, profit and formance charts,instructions,brochures,diagrams and other other expenses contemplated for stated allowance information furnished by the Contractor to illustrate materials amounts shall be included in the Contract Sum and or equipment for some portion of the Work. not in the allowances; .4 whenever costs are more than or less than allowances, 3.12.3 Samples are physical examples which illustrate mate- the Contract Sum shall be adjusted accordingly by rials,equipment or workmanship and establish standards by Change Order.The amount of the Change Order shall which the Work will be judged. reflect(1)the difference between actual costs and the 3.12.4 Shop Drawings,Product Data,Samples and similar sub- allowances under Clause 3.8.2.2 and(2) changes in mittals are not Contract Documents.The purpose of their sub- Contractor's costs under Clause 3.8.2.3. mitial is to demonstrate for those portions of the Work for 3.9 SUPERINTENDENT which submittals are required the way the Contractor pro- poses to conform to the information given and the design con- 3.9.1 The Contractor shall employ a competent superinten- cept expressed in the Contract Documents. Review by the dent and necessary assistants who shall be in attendance at Architect is subject to the limitations of Subparagraph 4.6.12. the Project site during performance of the Work. The super- 3.12.5 The Contractor shall review, approve and submit to intendent shall represent the Contractor,and communications the Construction Manager,in accordance with the schedule given to the superintendent shall be as binding as if given and sequence approved by the Construction Manager, Shop to the Contractor. Important communications shall be con- Drawings, Product Data, Samples and similar submittals firmed in writing. Other communications shall be similarly required by the Contract Documents. The Contractor shall confirmed on written request in each case. cooperate with the Construction Manager in the coordina- tion of the Contractor's Shop Drawings,Product Data,Samples 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE and similar submittals with related documents submitted by 3.10.1 The Contractor, promptly after being awarded the other Contractors.Submittals made by the Contractor which Contract,shall prepare and submit for the Owner's and Archi are not required by the Contract Documents may be returned without action. test's information and the Construction Manager's approval a Contractor's Construction Schedule for the Work. Such 3.12.6 The Contractor shall perform no portion of the Work schedule shall not exceed time limits current under the Con- requiring submittal and review of Shop Drawings, Product tract Documents, shall be revised at appropriate intervals as Data, Samples or similar submittals until the respective sub- AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIA• • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006-5292•WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A201/CMa-1992 9 mittal has been approved by the Construction Manager and 3.15 CLEANING UP Architect. Such Work shall be in accordance with approved submittals. 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish 3.12.7 By approving and submitting Shop Drawings,Product caused by operations under the Contract. At completion of Data,Samples and similar submittals,the Contractor represents the Work the Contractor shall remove from and about the Proj- that the Contractor has determined and verified materials,field ect waste materials,rubbish,the Contractor's tools,construc- measurements and field construction criteria related thereto, tion equipment, machinery and surplus materials. or will do so,and has checked and coordinated the informa- tion contained within such submittals with the requirements 3.15.2 If the Contractor fails to dean up as provided in the of the Work and of the Contract Documents. Contract Documents, the Construction Manager may do so with the Owner's approval and the cost thereof shall be 3.12.8 The Contractor shall not be relieved of responsibility charged to the Contractor. for deviations from requirements of the Contract Documents by the Construction Manager's and Architect's approval of 3.16 ACCESS TO WORK Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Construc- 3.16.1 The Contractor shall provide the Owner,Construction tion Manager and Architect in writing of such deviation at the Manager and Architect access to the Work in preparation and time of submittal and the Construction Manager and Architect Progress wherever located. have given written approval to the specific deviation.The Con- 3.17 ROYALTIES AND PATENTS tractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples or similar 3.17.1 The Contractor shall pay all royalties and license fees. submittals by the Construction Manager's and Architect's The Contractor shall defend suits or claims for infringement approval thereof of patent rights and shall hold the Owner, Construction 3.12.9 The Contractor shall direct specific attention, in Manager and Architect harmless from loss on account thereof, writing or on resubmitted Shop Drawings, Product Data, but shall not be responsible for such defense or loss when Samples or similar submittals, to revisions other than those a particular design,process or product of a particular manufac- requested by the Construction Manager and Architect on pre- turer or manufacturers is required by the Contract Documents. vious submittals. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a 3.12.10 Informational submittals upon which the Construc- patent,the Contractor shall be responsible for such loss unless tion Manager and Architect are not expected to take respon- such information is promptly furnished to the Architect. sive action may be so identified in the Contract Documents. 3.18 INDEMNIFICATION 3.12.11 When professional certification of performance crite ria of materials,systems or equipment is required by the Con- 3.18.1 To the fullest extent permitted by law,the Contractor tract Documents, the Construction Manager and Architect shall indemnify and hold harmless the Owner,Construction shall be entitled to rely upon the accuracy and completeness Manager, Architect, Construction Manager's and Architect's of such calculations and certifications. consultants,and agents and employees of any of them from and against claims, damages, losses and expenses,including 3.13 USE OF SITE but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, 3.13.1 The Contractor shall confine operations at the site to damage, loss or expense is attributable to bodily injury, areas permitted by law,ordinances,permits and the Contract sickness, disease or death, or to injury to or destruction of Documents and shall not unreasonably encumber the site with tangible property(other than the Work itself)including loss materials or equipment. of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the 3.13.2 The Contractor shall coordinate the Contractor's opera- Contractor, a Subcontractor, anyone directly or indirectly tions with, and secure the approval of, the Construction employed by them or anyone for whose acts they may be Manager before using any portion of the site. liable,regardless of whether or not such claim,damage,loss 3.14 CUTTING AND PATCHING or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge or 3.14.1 The Contractor shall be responsible for cutting,fitting reduce other rights or obligations of indemnity which would or patching required to complete the Work or to make its parts otherwise exist as to a party or person described in this Para- fit together properly. graph 3.18. 3.14.2 The Contractor shall not damage or endanger a por- 3.18.2 In claims against any person or entity indemnified tion of the Work or fully or partially completed construction under this Paragraph 3.18 by an employee of the Contractor, of the Owner's own forces or of other Contractors by cut- a Subcontractor, anyone directly or indirectly employed by ting,patching,excavating or otherwise altering such construc- them or anyone for whose acts they may be liable,the indem- tion.The Contractor shall not cut or otherwise alter such con- nification obligation under this Paragraph 3.18 shall not be struction by other Contractors or by the Owner's own forces limited by a limitation on amount or type of damages, com- except with written consent of the Construction Manager, pensation or benefits payable by or for the Contractor or a Owner and such other Contractors; such consent shall not Subcontractor under workers compensation acts, disability be unreasonably withheld. The Contractor shall not unrea- benefit acts or other employee benefit acts. sonably withhold from the other Contractors or the Owner 3.18.3 The obligations of the Contractor under this Para- the Contractor's consent to cutting or otherwise altering graph 3.18 shall not extend to the liability of the Construc- the Work. tion Manager, Architect, their consultants, and agents and AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIA9 • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,M5 NEW YORK AVENUE,N.W.,WASHING ON,D.C.20006.5292'WARNING: 10 A201/CMa-1992 Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. employees of any of them arising out of(1)the preparation Contractors and the Construction Manager and Owner in or approval of maps, drawings, opinions, reports, surveys, reviewing their construction schedules when directed to do Change Orders,designs or specifications,or(2)the giving of so.The Contractor shall make any revisions to the construc- or the failure to give directions or instructions by the Con- tion schedule deemed necessary after a joint review and struction Manager,Architect,their consultants,and agents and mutual agreement.The construction schedules shall constitute employees of any of them provided such giving or failure to the schedules to be used by the Contractor, other Contrac- give is the primary cause of the injury or damage. tors, the Construction Manager and the Owner until subse- quently revised. ARTICLE 4 4.6.4 The Construction Manager will schedule and coordinate ADMINISTRATION OF THE CONTRACT the activities of the Contractors in accordance with the latest 4.1 ARCHITECT approved Project construction schedule. 4.6.5 The Architect will visit the site at intervals appropriate 4.1.1 The Architect is the person lawfully licensed to prac- to the stage of construction to become generally familiar with tice architecture or an entity lawfully practicing architecture the progress and quality of the completed Work and to deter- identified as such in the Agreement and is referred to through- mine in general if the Work is being performed in a manner out the Contract Documents as if singular in number.The term indicating that the Work,when completed,will be in accor- 'Architect"means the Architect or the Architect's authorized dance with the Contract Documents.However,the Architect representative. will not be required to make exhaustive or continuous on- site inspections to check quality or quantity of the Work.On 4.2 CONSTRUCTION MANAGER the basis of on-site observations as an architect,the Architect will keep the Owner informed of progress of the Work,and 4.2.1 The Construction Manager is the person or entity iden- will endeavor to guard the Owner against defects and defi- tified as such in the Agreement and is referred to throughout ciencies in the Work. the Contract Documents as if singular in number. The term "Construction Manager"means the Construction Manager or 4.6.6 The Construction Manager, except to the extent re- the Construction Manager's authorized representative. quired by Subparagraph 4.6.4, and Architect will not have 4.3 Duties,responsibilities and limitations of authority of the control over or charge of and will not be responsible for con- Construction Manager and Architect as set forth in the Con- struction means, methods, techniques, sequences or pro- tract Documents shall not be restricted,modified or extended cedures, or for safety precautions and programs in connec- without written consent of the Owner,Construction Manager, tion with the Work, since these are solely the Contractor's Architect and.Contractor. Consent shall not be unreason- responsibility as provided in Paragraph 3.3,and neither will ably withheld. be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither 4.4 In case of termination of employment of the Construc- the Construction Manager nor the Architect will have con- tion Manager or Architect,the Owner shall appoint a construc- trol over or charge of or be responsible for acts or omis- tion manager or architect against whom the Contractor makes sions of the Contractor, Subcontractors, or their agents or no reasonable objection and whose status under the Contract employees, or of any other persons performing portions of Documents shall be that of the former construction manager the Work. or architect, respectively. 4.6.7 Communications Facilitating Contract Administra- 4.5 Disputes arising under Paragraphs 4.3 and 4.4 shall be sub- tion. Except,as otherwise provided in the Contract Docu- ject to arbitration. ments or when direct communications have been specially 4.6 ADMINISTRATION OF THE CONTRACT authorized, the Owner and Contractor shall communicate through the Construction Manager,and shall contempor2ne- 4.6.1 The Construction Manager and Architect will provide ously provide the same communications to the Architect. administration of the Contract as described in the Contract Communications by and with the Architect's consultants shall Documents,and will be the Owner's representatives(1)dur- be through the Architect.Communications by and with Sub- ing construction, (2)until final payment is due and(3)with contractors and material suppliers shall be through the Con- the Owner's concurrence,from time to time during the cor- tractor.Communications by and with other Contractors shall rection period described in Paragraph 12.2.The Construction be through the Construction Manager and shall be contem- Manager and Architect will advise and consult with the Owner poraneously provided to the Architect. and will have authority to act on behalf of the Owner only 4.6.8 The Construction Manager will review and certify all to the extent provided in the Contract Documents, unless Applications for Payment by the Contractor, including final otherwise modified by written instrument in accordance with payment. The Construction Manager will assemble each of other provisions of the Contract. the Contractor's Applications for Payment with similar Appli- 4.6.2 The Construction Manager will determine in general cations from other Contractors into a Project Application and that the Work is being performed in accordance with the re- Project Certificate for Payment. After reviewing and certify- quirements of the Contract Documents,will keep the Owner ing the amounts due the Contractors, the Construction informed of the progress of the Work, and will endeavor to Manager will submit the Project Application and Project Cer- guard the Owner against defects and deficiencies in the Work. tificate for Payment, along with the applicable Contractors' Applications and Certificates for Payment, to the Architect. 4.6.3 The Construction Manager will provide for coordina- tion of the activities of other Contractors and of the Owner's 4.6.9 Based on the Architect's observations and evaluations own forces with the Work of the Contractor,who shall coop- of Contractors' Applications for Payment, and the certifica- erate with them.The Contractor shall participate with other tions of the Construction Manager, the Architect will review AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AtA° - ©1992 - THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW,WASHINGTON,D.C.20006-5292-WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A201/CMa-1992 11 and certify the amounts due the Contractors and will issue cle 7 and will have authority to order minor changes in the a Project Certificate for Payment. Work as provided in Paragraph 7.4. 4.6.10 The Architect will have authority to reject Work which 4.6.15 The Construction Manager will maintain at the site for does not conform to the Contract Documents,and to require the Owner one record copy of all Contracts, Drawings, additional inspection or testing,in accordance with Subpara- Specifications, addenda, Change Orders and other Modifi- graphs 13.5.2 and 13.5.3,whether or not such Work is fabri- cations, in good order and marked currently to record all cated,installed or completed,but will take such action only changes and selections made during construction, and in after notifying the Construction Manager. Subject to review addition approved Shop Drawings,Product Data,Samples and by the Architect, the Construction Manager will have the similar required submittals. These will be available to the authority to reject Work which does not conform to the Con- Architect and the Contractor, and wil be delivered to the tract Documents.Whenever the Construction Manager con- Owner upon completion of the Project. siders it necessary or advisable for implementation of the intent of the Contract Documents,the Construction Manager 4.6.16 The Construction Manager will assist the Architect will have authority to require additional inspection or testing in conducting inspections to determine the dates of Sub- of the Work in accordance with Subparagraphs 13.5.2 and stantial Completion and final completion,and will receive and 13.5.3, whether or not such Work is fabricated, installed or forward to the Architect written warranties and related completed. The foregoing authority of the Construction documents required by the Contract and assembled by the Manager will be subject to the provisions of Subparagraphs Contractor. The Construction Manager will forward to the 4.6.18 through 4.6.20 inclusive,with respect to interpretations Architect a final Project Application and Project Certificate and decisions of the Architect.However,neither the Architect's for Payment upon compliance with the requirements of the nor the Construction Manager's authority to act under this Contract Documents. Subparagraph 4.6.10 nor a decision made by either of them 4.6.17 If the Owner and Architect agree, the Architect will in good faith either to exercise or not to exercise such author- provide one or more project representatives to assist in car- ity shall give rise to a duty or responsibility of the Architect rying out the Architect's responsibilities at the site.The duties, or the Construction Manager to the Contractor,Subcontrac- responsibilities and limitations of authority of such project tors, material and equipment suppliers, their agents or representatives shall be as set forth in an exhibit to be incor- employees, or other persons performing any of the Work. porated in the Contract Documents. 4.6.11 The Construction Manager will receive from the,Con- 4.6.18 The Architect will interpret and decide matters con- tractor and review and approve all Shop Drawings, Product cerning performance under and requirements of the Contract Data and Samples,coordinate them with information received Documents on written request of the Construction Man- from other Contractors, and transmit to the Architect those ager,Owner or Contractor.The Architect's response to such recommended for approval. The Construction Manager's requests will be made with reasonable promptness and within actions will be taken with such reasonable promptness as to any time limits agreed upon. If no agreement is made con- cause no delay in the Work of the Contractor or in the activi- cerning the time within which interpretations required of the ties of other Contractors, the Owner, or the Architect. Architect shall be furnished in compliance with this Paragraph 4.6.12 The Architect will review and approve or take other 4.6,then delay shall not be recognized on account of failure appropriate action upon the Contractor's submittals such as by the Architect to furnish such interpretations until 15 days Shop Drawings, Product Data and Samples,but only for the after written request is made for them. limited purpose of checking for conformance with informa- 4.6.19 Interpretations and decisions of the Architect will be tion given and the design concept expressed in the Contract consistent with the intent of and reasonably inferable from Documents. The Architect's action will be taken with such the Contract Documents and will be in writing or in the form reasonable promptness as to cause no delay in the Work of of drawings.When making such interpretations and decisions, the Contractor or in the activities of the other Contractors, the Architect will endeavor to secure faithful performance by the Owner,or the Construction Manager,while allowing suf- both Owner and Contractor,will not show partiality to either ficient time in the Architect's professional judgment to permit and will not be liable for results of interpretations or deci- adequate review.Review of such submittals is not conducted sions so rendered in good faith. for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for 4.6.20 The Architect's decisions on matters relating to aes- substantiating instructions for installation or performance of thetic effect will be final if consistent with the intent expressed equipment or systems,all of which remain the responsibility in the Contract Documents. of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not 4.7 CLAIMS AND DISPUTES relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute 4.7.1 Definition. A Claim is a demand or assertion by one approval of safety precautions or,unless otherwise specifically of the parties seeking,as a matter of right,adjustment or inter- stated by the Architect,of any construction means,methods, pretation of Contract terms,payment of money,extension of techniques,sequences or procedures.The Architect's approval time or other relief with respect to the terms of the Contract. of a specific item shall not indicate approval of an assembly The term "Claim" also includes other disputes and matters of which the item is a component. in question between the Owner and Contractor arising out of or relating to the Contract.Claims must be made by writ- 4.6.13 The Construction Manager will prepare Change Orders ten notice.The responsibility to substantiate Claims shall rest and Construction Change Directives. with the party making the Claim. 4.6.14 Following consultation with the Construction Manager, 4.7.2 Decision of Architect. Claims,including those alleg- the Architect will take appropriate action on Change Orders ing an error or omission by the Construction Manager or or Construction Change Directives in accordance with Arti- Architect,shall be referred initially to the Architect for action AIA DOCUMENT A201lCMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIAe • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW,WASHINGTON,D.C.20006-5292•WARNING: 12 A 201/C M a-1992 Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. as provided in Paragraph 4.8.A decision by the Architect,as or Contract Time,the adjustment shall be referred to the Archi- provided in Subparagraph 4.8.4,shall be required as a condi- tect for initial determination,subject to further proceedings tion precedent to arbitration or litigation of a Claim between pursuant to Paragraph 4.8. the Contractor and Owner as to all such matters arising prior to the date final payment is due,regardless of(1)whether such 4.7.7 Claims for Additional Cost. If the Contractor wishes matters relate to execution and progress of the Work or(2) to make Claim for an increase in the Contract Sum, written the extent to which the Work has been completed.The deci- notice as provided herein shall be given before proceeding sion by the Architect in response to a Claim shall not be a to execute the Work. Prior notice is not required for Claims condition precedent to arbitration or litigation in the event relating to an emergency endangering life or property arising (1)the position of Architect is vacant,(2)the Architect has not under Paragraph 10.3. If the Contractor believes additional received evidence or has failed to render a decision within cost is involved for reasons including but not limited to agreed time limits,(3)the Architect has failed to take action (1)a written interpretation from the Architect,(2)an order by required under Subparagraph 4.8.4 within 30 days after the the Owner to stop the Work where the Contractor was not Claim is made, (4) 45 days have passed after the Claim has at fault, (3)a written order for a minor change in the Work been referred to the Architect or (5) the Claim relates to a issued by the Architect,(4)failure of payment by the Owner, mechanic's lien. (5) termination of the Contract by the Owner, (6) Owner's suspension or(7) other reasonable grounds, Claim shall be 4.7.3 Time Limits on Claims. Claims by either party must filed in accordance with the procedure established herein. be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first 4.7.8 Claims for Additional Time. recognizes the condition giving rise to the Claim,whichever is later.Claims must be made by written notice.An additional 4.7.8.1 If the Contractor wishes to make Claim for an increase Claim made after the initial Claim has been implemented by in the Contract Time,written notice as provided herein shall Change Order will not be considered unless submitted in a be given. The Contractor's Claim shall include an estimate timely manner. of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim 4.7.4 Continuing Contract Performance. Pending final res- is necessary olution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently 4.7.8.2 If adverse weather conditions are the basis for a Claim with performance of the Contract and the Owner shall for additional time,such Claim shall be documented by data continue to make payments in accordance with the Contract substantiating that weather conditions were abnormal for the Documents. period of time and could not have been reasonably antici- and th 4.7.5 Waiver of Claims:Final Payment. The making of final heecheduledt onstruect on conditions had an adverse effect on payment shall constitute a waiver of Claims by the Owner except those arising from: 4.7.9 Injury or Damage to Person or Property. If either 1 liens,Claims,security interests or encumbrances arts Party to the Contract suffers injury or damage to person or ing out of the Contract and unsettled; property because of an act or omission of the other party, of any of the other party's employees or agents,or of others .2 failure of the Work to comply with the requirements for whose acts such party is legally liable, written notice of of the Contract Documents; or such injury or damage,whether or not insured,shall be given .3 terms of special warranties required by the Contract to the other party within a reasonable time not exceeding 21 Documents. days after first observance.The notice shall provide sufficient detail to enable the other party to investigate the matter. If 4.7.6 Claims for Concealed or Unknown Conditions. If a Claim for additional cost or time related to this Claim is to conditions are encountered at the site which are(1)subsur- be asserted,it shall be filed as provided in Subparagraphs 4.7.7 face or otherwise concealed physical conditions which dif- or 4.7.8. fer materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, 4.8 RESOLUTION OF CLAIMS AND DISPUTES which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities 4.8.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of the character provided for in the Contract Documents,then notice by the observing party shall be given to the other party c a Claim: (1) request additional supporting data from the l promptly before conditions are disturbed and in no event later claimant,tec submit a schedule to act the parties indicating when the Architec than 21 days after first observance of the conditions. The t expects to take action, (3) reject the Claim in Architect will promptly investigate such conditions and,if they whole or in part,stating reasons for rejection,(4)recommend differ materially and cause an increase or decrease in the Con- approval of the Claim by the other party or(5)suggest a com- tractor's cost of,or time required for,performance of any part promise.The Architect may also,but is not obligated to,notify of the Work,will recommend an equitable adjustment in the the surety, if any, of the nature and amount of the Claim. Contract Sum or Contract Time,or both.If the Architect deter- 4.8.2 If a Claim has been resolved,the Architect will prepare mines that the conditions at the site are not materially dif ferent from those indicated in the Contract Documents and or obtain appropriate documentation. that no change in the terms of the Contract is justified, the 4.8.3 If a Claim has not been resolved, the party making the Architect shall so notify the Owner and Contractor in writing, Claim shall, within ten days after the Architect's preliminary stating the reasons. Claims by either party in opposition to response,take one or more of the following actions:(1)sub- such determination must be made within 21 days after the mit additional supporting data requested by the Architect, Architect has given notice of the decision. If the Owner and (2)modify the initial Claim or(3)notify the Architect that the Contractor cannot agree on an adjustment in the Contract Sum initial Claim stands. AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIA9 • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006-5292•WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A201/CMa-1992 13 4.8.4 If a Claim has not been resolved after consideration of 4.9.4.2 A demand for arbitration shall be made within the the foregoing and of further evidence presented by the par- time limits specified in Subparagraphs 4.9.1 and 4.9.4 and ties or requested by the Architect, the Architect will notify Clause 4.9.4.1 as applicable, and in other cases within a the parties in writing that the Architect's decision will be made reasonable time after the Claim has arisen, and in no event within seven days,which decision shall be final and binding shall it be made after the date when institution of legal or on the parties but subject to arbitration. Upon expiration of equitable proceedings based on such Claim would be barred such time period,the Architect will render to the parties the by the applicable statute of limitations as determined pursuant Architect's written decision relative to the Claim, including to Paragraph 13.7. any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a 4.9.5 Limitation on Consolidation or Joinder. No arbitra- Contractor's default, the Architect may, but is not obligated tion arising out of or relating to the Contract Documents shall to, notify the surety and request the surety's assistance in include,by consolidation or joinder or in any other manner, resolving the controversy. the Construction Manager,the Architect,or the Construction Manager's or Architect's employees or consultants,except by 4.9 ARBITRATION written consent containing specific reference to the Agree- ment and signed by the Construction Manager, Architect, 4.9.1 Controversies and Claims Subject to Arbitration. Owner, Contractor and any other person or entity sought Any controversy or Claim arising out of or related to the Con- to be joined. No arbitration shall include, by consolidation tract,or the breach thereof,shall be settled by arbitration in or joinder or in any other manner, parties other than the accordance with the Construction Industry Arbitration Rules Owner,Contractor,other Contractors as described in Article of the American Arbitration Association,and judgment upon 6 and other persons substantially involved in a common the award rendered by the arbitrator or arbitrators may be question of fact or law whose presence is required if com- entered in any court having jurisdiction thereof,except con- plete relief is to be accorded in arbitration. No persons or troversies or Claims relating to aesthetic effect and except entities other than the Owner,Contractor or other Contrac- those waived as provided for in Subparagraph 4.7.5.Such con- tors as defined in Subparagraph 3.1.2 shall be included as an troversies or Claims upon which the Architect has given notice original third party or additional third party to an arbitration and rendered a decision as provided in Subparagraph 4.8.4 whose interest or responsibility is insubstantial. Consent to shall be subject to arbitration upon written demand of either arbitration involving an additional person or entity shall not party. Arbitration may be commenced when 45 days have constitute consent to arbitration of a dispute not described passed after a Claim has been referred to the Architect as pro- therein or with a person or entity.not named or described vided in Paragraph 4.7 and no decision has been rendered.' therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity 4.9.2 Rules and Notices for Arbitration. Claims between duly consented to by parties to the Agreement shall be the Owner and Contractor not resolved under Paragraph 4.8 specifically enforceable under applicable law in any court hav- shall, if subject to arbitration under Subparagraph 4.9.1, be Ing jurisdiction thereof. decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Associa- 4.9.6 Claims and Timely Assertion of Claims. A party who lion currently in effect,unless the parties mutually agree other- files a notice of demand for arbitration must assert in the wise.Notice of demand for arbitration shall be filed in writing demand all Claims then known to that party on which arbitra- with the other party to the Agreement between the Owner tion is permitted to be demanded. When a party fails to and Contractor and with the American Arbitration Associa- include a Claim through oversight,inadvertence or excusable tion,and copies shall be filed with the Construction Manager neglect,or when a Claim has matured or been acquired subse- and Architect. quently,the arbitrator or arbitrators may permit amendment. 4.9.3 Contract Performance During Arbitration. During 4.9.7 Judgment on Final Award. The award rendered by arbitration proceedings,the Owner and Contractor shall com- the arbitrator or arbitrators shall be final,and judgment may ply with Subparagraph 4.7.4. be entered upon.it in accordance with applicable law in any 4.9.4 When Arbitration May Be Demanded. Demand for court having jurisdiction thereof. arbitration of any Claim may not be made until the earlier of ARTICLE 5 (1)the date on which the Architect has rendered a final writ- _ ten decision on the Claim,(2)the tenth day after the parties SUBCONTRACTORS have presented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not 5.1 DEFINITIONS rendered a final written decision by that date, or(3)any of the five events described in Subparagraph 4.7.2. 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work 4.9.4.1 When a written decision of the Architect states that at the site.The term"Subcontractor"is referred to throughout (1) the decision is final but subject to arbitration and (2) a the Contract Documents as if singular in number and means demand for arbitration of a Claim covered by such decision a Subcontractor or an authorized representative of the Sub- must be made within 30 days after the date on which the party contractor.The term"Subcontractor"does not include other making the demand receives the final written decision, then Contractors or subcontractors of other Contractors. failure to demand arbitration within said 30 days'period shall result in the Architect's decision becoming final and binding 5.1.2 A Sub-subcontractor is a person or entity who has a upon the Owner and Contractor. If the Architect renders a direct or indirect contract with a Subcontractor to perform decision after arbitration proceedings have been initiated,such a portion of the Work at the site.The term"Sub-subcontrac- decision may be entered as evidence,but shall not supersede tor" is referred to throughout the Contract Documents as if arbitration proceedings unless the decision is acceptable to singular in number and means a Sub-subcontractor or an all parties concerned. authorized representative of the Sub-subcontractor. AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIA° • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006-5292•WARNING: 14 A201/CMa-1992 Unlicensed photocopying violates US,copyright laws and will subject the violator to legal prosecution. 5.2 AWARD OF SUBCONTRACTS AND OTHER of such documents available to their respective.proposed CONTRACTS FOR PORTIONS OF THE WORK Sub-subcontractors. 5.2.1 Unless otherwise stated in the Contract Documents or 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing 5.4.1 Each subcontract agreement for a portion of the Work to the Construction Manager for review by the Owner, Con- is assigned by the Contractor to the Owner provided that: struction Manager and Architect the names of persons or .1 assignment is effective only after termination of the entities(including those who are to furnish materials or equip- Contract by the Owner for cause pursuant to Para- ment fabricated to a special design)proposed for each prin- graph 14.2 and only for those subcontract agreements cipal portion of the Work. The Construction Manager will which the Owner accepts by notifying the Subcon- promptly reply to the Contractor in writing stating whether tractor in writing; and or not the Owner, Construction Manager or Architect, after .2 assignment is subject to the prior rights of the surety, due investigation,has reasonable objection to any such pro- if any,obligated under bond relating to the Contract. posed person or entity. Failure of the Construction Manager to reply promptly shall constitute notice of no reasonable 5.4.2 If the Work has been suspended for more than 30 days, objection. the Subcontractor's compensation shall be equitably adjusted. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner,Construction Manager or ARTICLE 6 Architect has made reasonable and timely objection.The Con- tractor shall not be required to contract with anyone to whom CONSTRUCTION BY OWNER OR BY the Contractor has made reasonable objection. OTHER CONTRACTORS 5.2.3 If the Owner, Construction Manager or Architect has 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION WITH reasonable objection to a person or entity proposed by the OWN FORCES AND TO AWARD OTHER CONTRACTS Contractor, the Contractor shall propose another to whom the Owner, Construction Manager or Architect has no rea- 6.1.1 The Owner reserves the right to perform construction sonable objection. The Contract Sum shall be increased or or operations related to the Project with the Owner's own decreased by the difference in cost occasioned by such change, forces,which include persons or entities under separate con- and an appropriate Change Order shall be issued. However, tracts not administered by the Construction.Manager. The no increase in the Contract Sum shall be allowed for such Owner further reserves the right to award other contracts in change unless the Contractor has acted promptly and respon- connection with other portions of the Project or other con- sively in submitting names as required. struction or operations on the site under Conditions of the Contract identical or substantially similar to these including 5.2.4 The Contractor shall not change a Subcontractor, those portions related to insurance and waiver of subroga- person or entity previously selected if the Owner, Construe- tion.If the Contractor claims that delay or additional cost is tion Manager or Architect makes reasonable objection to involved because of such action by the Owner,the Contrac- such change. for shall make such Claim as provided elsewhere in the Con- 5.3 SUBCONTRACTUAL RELATIONS tract Documents. 6.1.2 When the Owner performs construction or operations 5.3.1 By appropriate agreement, written where legally with the Owner's own forces including persons or entities required for validity, the Contractor shall require each Sub- under separate contracts not administered by the Construc- contractor,to the extent of the Work to be performed by the tion Manager, the Owner shall provide for coordination of Subcontractor,to be bound to the Contractor by terms of the such forces with the Work of the Contractor, who shall Contract Documents, and to assume toward the Contractor cooperate with them. all the obligations and responsibilities which the Contractor, by these Documents,assumes toward the Owner, Construe-. 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction tion Manager and Architect.Each subcontract agreement shall operations related preserve and protect the rights of the Owner, Construction to the Project with the Owner's own forces, s,the Owner shall Manager and Architect under the Contract Documents with be deemed to be subject to the same obligations and to have respect to the Work to be performed by the Subcontractor the same rights which apply to the Contractor under the Con- so that subcontracting thereof will not prejudice such rights, ditions of the Contract,including,without excluding others, and shall allow to the Subcontractor,unless specifically pro- those stated in this Article 6 and in Articles 3, 10, 11 and 12. vided otherwise in the subcontract agreement, the benefit 6.2 MUTUAL RESPONSIBILITY of all rights,remedies and redress against the Contractor that the Contractor,by the Contract Documents, has against the 6.2.1 The Contractor shall afford the Owner's own forces, Owner.Where appropriate;the Contractor shall.require each Construction Manager and other Contractors reasonable op- Subcontractor to enter into similar agreements with Sub-sub portunity for introduction and storage of their materials and contractors.The Contractor shall make available to each pro- equipment and performance of their activities,and shall con- posed Subcontractor, prior to the execution of the subcon- nect and coordinate the Contractor's construction and opera- tract agreement,copies of the Contract Documents to which tions with theirs as required by the Contract Documents. the Subcontractor will be bound,and,upon written request of the Subcontractor,identify to the Subcontractor terms and 6.2.2 If part of the Contractor's Work depends for proper exe- conditions of the proposed subcontract agreement which cution or results upon construction or operations by the may be at variance with the Contract Documents. Subcon- Owner's own forces or other Contractors,the Contractor shall, tractors shall similarly make copies of applicable portions prior to proceeding with that portion of the Work,promptly AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIA® • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW,WASHINGTON,D.C.20006-5292•WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A201/CMa-1992 15 report to the Construction Manager and Architect apparent 7.2 CHANGE ORDERS discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. 7.2.1 A Change Order is a written instrument prepared by Failure of the Contractor so to report shall constitute an the Construction Manager and signed by the Owner,Construc- acknowledgment that the Owner's own forces or other Con- tion Manager,Architect and Contractor,stating their agreement tractors'completed or partially completed construction is fit upon all of the following: and proper to receive the Contractor's Work, except as to .1 a change in the Work; defects not then reasonably discoverable. .2 the amount of the adjustment in the Contract Sum, 6.2.3 Costs caused by delays or by improperly timed activities if any; and or defective construction shall be borne by the party respon- .3 the extent of the adjustment in the Contract Time, sible therefor. if any. 6.2.4 The Contractor shall promptly remedy damage wrong- 7.2.2 Methods used in determining adjustments to the Con- fully caused by the Contractor to completed or partially com- tract Sum may include those listed in Subparagraph 7.3.3. pleted construction or to property of the Owner or other Contractors as provided in Subparagraph 10.2.5. 7.3 CONSTRUCTION CHANGE DIRECTIVES 6.2.5 Claims and other disputes and matters in question 7.3.1 A Construction Change Directive is a written order between the Contractor and other Contractors shall be sub- prepared by the Construction Manager and signed by the ject to the provisions of Paragraph 4.7 provided the other Con- Owner, Construction Manager and Architectrl,'Odirecting a tractors have reciprocal obligations. change in the Work and stating a proposed basis for adjust- ment,if any,in the Contract Sum or Contract Time,or both. 6.2.6 The Owner and other Contractors shall have the same The Owner may by Construction Change Directive,without responsibilities for cutting and patching as are described for invalidating the Contract, order changes in the Work within the Contractor in Paragraph 3.14. the general scope of the Contract consisting of additions,dele- tions or other revisions,the Contract Sum and Contract Time 6.3 OWNER'S RIGHT TO CLEAN UP being adjusted accordingly. 6.3.1 If a dispute arises among the Contractor,other Contrac- 7.3.2 A Construction Change Directive shall be used in the tors and the Owner as to the responsibility under their respect absence of total agreement on the terms of a Change Order. tive contracts for maintaining the premises and surrounding 7.3.3 If the Construction Change Directive provides for an area free from waste materials and rubbish as described in adjustment to the Contract Sum,the adjustment shall be based Paragraph 3.15,the Owner may clean up and allocate the cost on one of the following methods: among those responsible as the Construction Manager,in con sultation with the Architect, determines to be just. .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; ARTICLE 7 .2 unit prices stated in the Contract Documents or subse- CHANGES IN THE WORK quently agreed upon; .3 cost to be determined in a manner agreed upon by 7.1 CHANGES the parties and a mutually acceptable fixed or per- centage fee; or 7.1.1 Changes in the Work may be accomplished after execu- 4 as provided in Subparagraph 7.3.6. tion of the Contract,and without invalidating the Contract, by Change Order,Construction Change Directive or order for 7.3.4 Upon receipt of a Construction Change Directive, the a minor change in the Work,subject to the limitations stated Contractor shall promptly proceed with the change in the in this Article 7 and elsewhere in the Contract Documents. Work involved and advise the Construction Manager and Architect of the Contractor's agreement or disagreement with 7.1.2 A Change Order shall be based upon agreement among the method, if any, provided in the Construction Change the Owner,Construction Manager,Architect and Contractor; Directive for determining the proposed adjustment in the Con- a Construction Change Directive requires agreement by the tract Sum or Contract Time. Owner,Construction Manager and Architect and may or may not be agreed to by the Contractor; an order for a minor 7.3.5 A Construction Change Directive signed by the Con- change in the Work may be issued by the Architect alone. tractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or 7.1.3 Changes in the Work shall be performed under appli- the method for determining them. Such agreement shall be cable provisions of the Contract Documents, and the Con- effective immediately and shall be recorded as a Change Order. tractor shall proceed promptly,unless otherwise provided in the Change Order, Construction Change Directive or order 7.3.6 If the Contractor does not respond promptly or dis- for a minor change in the Work. agrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the 7.1.4 If unit prices are stated in the Contract Documents or Construction Manager on the basis of reasonable expenditures subsequently agreed upon, and if quantities originally con- and savings of those performing the Work attributable to the templated are so changed in a proposed Change Order or Con- change,including,in case of an increase in the Contract Sum, struction Change Directive that application of such unit prices a reasonable allowance for overhead and profit.In such case, to quantities of Work proposed will cause substantial inequity and also under Clause 7.3.3.3, the Contractor shall keep and to the Owner or Contractor, the applicable unit prices shall present, in such form as the Construction Manager may be equitably adjusted. prescribe,an itemized accounting together with appropriate AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIAs • 01992 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW,WASHINGTON,D.C.20006.5292•WARNING: 16 A 201/CMa-1992 Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. supporting data. Unless otherwise provided in the Contract 8.1.3 The date of Substantial Completion is the date certified Documents,costs for the purposes of this Subparagraph 7.3.6 by the Architect in accordance with Paragraph 9.8. shall be limited to the following: .1 costs of labor,including social security, old age and 8.1.4 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. unemployment insurance,fringe benefits required by agreement or custom, and workers compensation 8.2 PROGRESS AND COMPLETION insurance; .2 costs of materials,supplies and equipment,including 8.2.1 Time limits stated in the Contract Documents are of the cost of transportation, whether incorporated or essence of the Contract.By executing the Agreement the Con- consumed; tractor confirms that the Contract Time is a reasonable period .3 rental costs of machinery and equipment, exclusive for performing the Work. of hand tools, whether rented from the Contractor 8.2.2 The Contractor shall not knowingly,except by agree- or others; ment or instruction of the Owner in writing, prematurely .4 costs of premiums for all bonds and insurance, per- commence operations on the site or elsewhere prior to the mit fees,and sales,use or similar taxes related to the effective date of insurance required by Article 11 to be fur- Work; and nished by the Contractor.The date of commencement of the .5 additional costs of supervision and field office per- Work shall not be changed by the effective date of such insur- sonnel directly attributable to the change. ance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall 7.3.7 Pending final determination of cost to the Owner, notify the Owner in writing not less than five days or other amounts not in dispute may be included in Applications for agreed period before commencing the Work to permit the Payment.The amount.of credit to be allowed by the Contrac- timely filing of mortgages, mechanic's liens and other secu- for to the Owner for a deletion or change which results in rity interests. a net decrease in the Contract Sum shall be actual net cost 8.2.3 The Contractor shall proceed expeditiously with ade- aS confirmed by the Construction Manager.When both addi- tions and credits covering related Work or substitutions are he C forces and shall achieve Substantial Completion within t involved in a change, the allowance for overhead and profit the Contract Time. shall be figured on the basis of net increase,if any,with respect .to that change. g 3 DELAYS AND EXTENSIONS OF TIME 7.3.8 If the Owner and Contractor do not agree with the 8.3.1 If the Contractor is delayed at any time in progress of adjustment in Contract Time or the method for determining the Work by an act or neglect of the Owner's own forces,Con- it,the adjustment or the method shall be referred to the Con- struction Manager,Architect,any of the other Contractors or struction Manager for determination. an employee of any of them, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, 7.3.9 When the Owner and Contractor agree with the deter- unavoidable casualties or other causes beyond the Contrac- mination made by the Construction Manager concerning the tor's control, or by delay authorized by the Owner pending adjustments in the Contract Sum and Contract Time,or other- arbitration,or by other causes which the Architect,based on wise reach agreement upon the adjustments,such agreement the recommendation of the Construction Manager,determines shall be effective immediately issued through the Construc- may justify delay, then the Contract Time shall be extended tion Manager and shall be recorded by preparation and ex- by Change Order for such reasonable time as the Architect ecution of an appropriate Change Order. . may determine. 7.4 MINOR CHANGES IN THE WORK 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.7. 7.4.1 The Architect will have authority to order minor changes 8.3.3 This Paragraph 8.3 does not preclude recovery of in the Work not involving adjustment in the Contract Sum damages for delay by either party under other provisions of or extension of the Contract Time and not inconsistent with the Contract Documents. the intent of the Contract Documents.Such changes shall be effected by written order issued through the Construction Manager and shall be binding on the Owner and Contractor. ARTICLE 9 The Contractor shall carry out such written orders promptly PAYMENTS AND COMPLETION ARTICLE 8 9.1 CONTRACT SUM TIME 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments,is the total amount payable 8.1 DEFINITIONS by the Owner to the Contractor for performance of the Work 8.1.1 Unless otherwise provided,Contract Time is the period under the Contract Documents. of time,including'authorized adjustments,allotted in the Con- 9.2 SCHEDULE OF VALUES tract Documents for Substantial Completion of the Work. 9.2.1 Before the first Application for Payment,the Contrac- 8.1.2 The date of commencement of the Work is the date for shall submit to the Architect, through the Construc- :stablished in the Agreement.The date shall not be postponed tion Manager, a schedule of values allocated to various por- by the failure to act of the Contractor or of persons or enti- tions of the Work, prepared in such form and supported by ties for whom the Contractor is responsible. such data to substantiate its accuracy as the Construction AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIA® • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006-5292•WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A201/CMa-1992 17 Manager and Architect may require. This schedule, unless of the Construction Manager's and Architect's reasons for objected to by the Construction Manager or Architect, shall withholding certification in whole or in part as provided in be used as a basis for reviewing the Contractor's Applications Subparagraph 9.5.1. Such notification will be forwarded to for Payment. the Contractor by the Construction Manager. 9.3 APPLICATIONS FOR PAYMENT 9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will constitute representa- 9.3.1 At least fifteen days before the date established for each tions made separately by the Construction Manager and Archi- progress payment, the Contractor shall submit to the Con- tect to the Owner,based on their individual observations at struction Manager an itemized Application for Payment for the site and the data comprising the Application for Payment Work completed in accordance with the schedule of values. submitted by the Contractor, that the Work has progressed Such application shall be notarized,if required,and supported to the point indicated and that, to the best of the Construc- by such data substantiating the Contractor's right to payment tion Manager's and Architect's knowledge, information and as the Owner,Construction Manager or Architect may require, belief,quality of the Work is in accordance with the Contract such as copies of requisitions from Subcontractors and Documents.The foregoing representations are subject to an material suppliers, and reflecting retainage if provided for evaluation of the Work for conformance with the Contract elsewhere in the Contract Documents. Documents upon Substantial Completion,to results of subse- quent tests and inspections,to minor deviations from the Con- 9.3.1.1 Such applications may include requests for payment tract Documents correctable prior to completion and to on account of changes in the Work which have been properly specific qualifications expressed by the Construction Manager authorized by Construction Change Directives but not yet or Architect. The issuance of a separate Certificate for Pay- included in Change Orders. ment or a Project Certificate for Payment will further con- 9.3.1.2 Such applications may not include requests for pay- stitute a representation that the Contractor is entitled to ment of amounts the Contractor does not intend to pay to payment in the amount certified. However, the issuance of a Subcontractor or material supplier because of a dispute or a separate Certificate for Payment or a Project Certificate for other reason. Payment will not be a representation that the Construction Manager or Architect has(1)made exhaustive or continuous 9.3.2 Unless otherwise provided in the Contract Documents, on-site inspections to check the quality or quantity of the payments shall be made on account of materials and equip- Work, (2) reviewed the Contractor's construction means, ment delivered and suitably stored at the site for subsequent methods,techniques,sequences or procedures,(3)reviewed incorporation in the Work. If approved in advance by the copies of requisitions received from Subcontractors and Owner, payment may similarly be made for materials and material suppliers and other data requested by the Owner to equipment suitably stored off the site at a location agreed upon substantiate the Contractor's right to payment or (4) made in writing. Payment for materials and equipment stored on examination to ascertain how or for what purpose the Con- or off the site shall be conditioned upon compliance by the tractor has used money previously paid on account of the Contractor with procedures satisfactory to the Owner to Contract Sum. establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,and shall include 9.5 DECISIONS TO WITHHOLD CERTIFICATION applicable insurance,storage and transportation to the site for such materials and equipment stored off the site. 9.5.1 The Construction Manager or Architect may decide not to certify payment and may withhold a Certificate for Pay- 9.3.3 The Contractor warrants that title to all Work covered ment in whole or in part,to the extent reasonably necessary by an Application for Payment will pass to the Owner no later to protect the Owner, if in the Construction Manager's or than the time of payment. The Contractor further warrants Architect's opinion the representations to the Owner required that upon submittal of an Application for Payment all Work by Subparagraph 9.4.3 cannot be made. If the Construction for which Certificates for Payment have been previously issued Manager or Architect is unable to certify payment in the and payments received from the Owner shall,to the best of amount of the Application, the Construction Manager or the Contractor's knowledge, information and belief, be free Architect will notify the Contractor and Owner as provided and clear of liens,claims,security interests or encumbrances in Subparagraph 9.4.2. If the Contractor, Construction in favor of the Contractor, Subcontractors, material sup- Manager and Architect cannot agree on a revised amount,the pliers, or other persons or entities making a claim by reason Construction Manager and Architect will promptly issue a of having provided labor, materials and equipment relating Certificate for Payment for the amount for which the to the Work. Construction Manager and Architect are able to make such representations to the Owner.The Construction Manager or 9.4 CERTIFICATES FOR PAYMENT Architect may also decide not to certify payment or,because of subsequently discovered evidence or subsequent obser- 9.4.1 The Construction Manager will assemble a Project Appli vations, may nullify the whole or a part of a Certificate for cation for Payment by combining the Contractor's applica- payment previously issued,to such extent as may be necessary tions with similar applications for progress payments from in the Construction Manager's or Architect's opinion to pro- other Contractors and, after certifying the amounts due on tect the Owner from loss because of: such applications, forward them to the Architect within seven days. .1 defective Work not remedied; 9.4.2 Within seven days after the Architect's receipt of the .2 third party claims filed or reasonable evidence indi- Project Application for Payment, the Construction Manager cating probable filing of such claims; and Architect will either issue to the Owner a Project Cer- .3 failure of the Contractor to make payments properly tificate for Payment,with a copy to the Contractor, for such to Subcontractors or for labor,materials or equipment; amount as the Construction Manager and Architect determine .4 reasonable evidence that the Work cannot be com- is properly due,or notify the Contractor and Owner in writing pleted for the unpaid balance of the Contract Sum; AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIA• • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006-5292•WARNING: 18 A201/CMa-1992 Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. .5 damage to the Owner or another contractor; 9.8 SUBSTANTIAL COMPLETION .6 reasonable evidence that the Work will not be com- 9.8.1 Substantial Completion is the stage in the progress of pleted within the Contract Time,and that the unpaid the Work when the Work or designated portion thereof is suf- balance would not be adequate to cover actual or ficiently complete in accordance with the Contract liquidated damages for the anticipated delay; or Documents so the Owner can occupy or utilize the Work for .7 persistent failure to carry out the Work in accordance its intended use. with the Contract Documents. 9.8.2 When the Contractor considers that the Work,or a por- 9.5.2 When the above reasons for withholding certification tion thereof which the Owner agrees to accept separately,is are removed, certification will be made for amounts previ- substantially complete, the Contractor and Construction ously withheld. Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected.The 9.6 PROGRESS PAYMENTS Contractor shall proceed promptly to complete and correct items on the list.Failure to include an item on such list does 9.6.1 After the Construction Manager and Architect have not alter the responsibility of the Contractor to complete all issued a Project Certificate for Payment,the Owner shall make Work in accordance with the Contract Documents. Upon payment in the manner and within the time provided in the receipt of the list,the Architect,assisted by the Construction Contract Documents, and shall so notify the Construction Manager, will make an inspection to determine whether the Manager and Architect. Work or designated portion thereof is substantially complete. 9.6.2 The Contractor shall promptly pay each Subcontrac- If the Architect's inspection discloses any item, whether or tor, upon receipt of payment from the Owner, out of the not included on the list,which is not in accordance with the amount paid to the Contractor on account of such Subcon- requirements of the Contract Documents,the Contractor shall, tractor's portion of the Work,the amount to which said Sub- before issuance of the Certificate of Substantial Completion, contractor is entitled,reflecting percentages actually retained complete or correct such item upon notification by the Archi- from payments to the Contractor on account of such Subcon- tect. The Contractor shall then submit a request for another tractor's portion of the Work.The Contractor shall,by appro- inspection by the Architect, assisted by the Construction priate agreement with each Subcontractor, require each Manager, to determine Substantial Completion. When the Subcontractor to make payments to Sub-subcontractors in Work or designated portion thereof is substantially complete, similar manner. the Architect will prepare a Certificate of Substantial Comple- tion which shall establish the date of Substantial Completion, 9.6.3 The Construction Manager will,on request,furnish to shall establish responsibilities of the Owner and Contractor a Subcontractor,if practicable,information regarding percen- for security,maintenance,heat,utilities,damage to the Work cages of completion or amounts applied for by the Contrac- and insurance,and shall fix the time within which the Con- for and action taken thereon by the Owner, Construction tractor shall finish all items on the list accompanying the Cer- Manager and Architect on account of portions of the Work tificate.Warranties required by the Contract Documents shall done by such Subcontractor. commence on the date of Substantial Completion of the Work 9.6.4 Neither the Owner,Construction Manager nor Architect or designated portion thereof unless otherwise provided in shall have an obligation to pay or to see to the payment of the Certificate of Substantial Completion. The Certificate of money to a Subcontractor except as may otherwise be Substantial Completion shall be submitted to the Owner and required by law. Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2,9.6.3 9.&3 Upon Substantial Completion of the Work or designated and 9.6.4. portion thereof and upon application by the Contractor and certification by the Construction Manager and Architect,the 9.6.6 A Certificate for Payment, a progress payment,or par- Owner shall make payment,reflecting adjustment in retainage, tial or entire use or occupancy of the Project by the Owner if any, for such Work or portion thereof as provided in the shall not constitute acceptance of Work not in accordance Contract Documents. with the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.7 FAILURE OF PAYMENT 9.9.1 The Owner may occupy or use any completed or par- 9.7.1 If, through no fault of the Contractor, 1)the Construc- tially completed portion of the Work at any stage when such tion Manager and Architect do not issue a Project Certificate portion is designated by separate agreement with the Con- for Payment within fourteen days after the Construction tractor, provided such occupancy or use is consented to Manager's receipt of the Contractor's Application for Payment by the insurer as required under Subparagraph 11.3.11 and or 2) the Owner does not pay the Contractor within seven authorized by public authorities having jurisdiction over the days after the date established in the Contract Documents the Work.Such partial occupancy or use may commence whether amount certified by the Construction Manager and Architect or not the portion is substantially complete, provided the or awarded by arbitration, then the Contractor may, upon Owner and Contractor have accepted in writing the respon- seven additional days'written notice to the Owner,Construc- sibilities assigned to each of them for payments, retainage if tion Manager and Architect, stop the Work until payment of any,security,maintenance,heat,utilities,damage to the Work the amount owing has been received.The Contract Time shall and insurance, and have agreed in writing concerning the be extended appropriately and the Contract Sum shall be period for correction of the Work and commencement of war- increased by the amount of the Contractor's reasonable costs rarities required by the Contract Documents.When the Con- of shut-down,delay and start-up,which shall be accomplished tractor considers a portion substantially complete, the Con- as provided in Article 7. tractor and Construction Manager shall jointly prepare and AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIA'O • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006-5292•WARNING: Unlicensed photocopying violates US.copyright laws and will subject the violator to legal prosecution. A201/CMa-1992 19 submit a list to the Architect as provided under Subparagraph pelled to pay in discharging such lien,including all costs and 9.8.2. Consent of the Contractor to partial occupancy or reasonable attorneys' fees. use shall not be unreasonably withheld.The stage of the prog- ress of the Work shall be determined by written agreement 9.10.3 If,after Substantial Completion of the Work,final com- between the Owner and Contractor or, if no agreement is pletion thereof is materially delayed through no fault of the reached,by decision of the Architect after consultation with Contractor or by issuance of Change Orders affecting final the Construction Manager. completion,and the Construction Manager and Architect so confirm, the Owner shall,upon application by the Contrac- 9.9.2 Immediately prior to such partial occupancy or use,the for and certification by the Construction Manager and Archi- Owner,Construction Manager,Contractor and Architect shall tect,and without terminating the Contract,make payment of jointly inspect the area to be occupied or portion of the Work the balance due for that portion of the Work fully completed to be used in order to determine and record the condition and accepted.If the remaining balance for Work not fully com- of the Work pleted or corrected is less than retainage stipulated in the Con- tract Documents,and if bonds have been furnished,the writ- 9.9.3 Unless otherwise agreed upon,partial occupancy or use ten consent of surety to payment of the balance due for that of a portion or portions of the Work shall not constitute accep- portion of the Work fully completed and accepted shall be. tance of Work not complying with the requirements of the submitted by the Contractor to the Architect through the Con- Contract Documents. struction Manager prior to certification of such payment.Such payment shall be made under terms and conditions governing 9.10 FINAL COMPLETION AND FINAL PAYMENT final payment, except that it shall not constitute a waiver of Claims.The making of final payment shall constitute a waiver 9.10.1 Upon completion of the Work,the Contractor shall for- of Claims by the Owner as provided in Subparagraph 4.4.5. ward to the Construction Manager a written notice that the Work is ready for final inspection and acceptance and shall 9.10.4 Acceptance of final payment by the Contractor,a Sub- also forward to the Construction Manager a final Contractor's contractor or material supplier shall constitute a waiver of Application for Payment. Upon receipt, the Construction claims by that payee except those previously made in writing Manager will forward the notice and Application to the Archi- and identified by that payee as unsettled at the time of final tect who will promptly make such inspection. When the Application for Payment. Such waivers shall be in addition Architect,based on the recommendation of the Construction to the waiver described in Subparagraph 4.7.5. Manager, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construc- ARTICLE 10 tion Manager and Architect will promptly issue a final Cer- tificate for Payment stating that to the best of their knowledge, PROTECTION OF PERSONS AND PROPERTY information and belief,and on the basis of their observations and inspections,the Work has been completed in accordance 10.1 SAFETY PRECAUTIONS AND PROGRAMS with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and 10.1.1 The Contractor shall be responsible for initiating,main- noted in said final Certificate is due and payable. The Con- taining and supervising all safety precautions and programs struction Manager's and Architect's final Certificate for Pay- in connection with the performance of the Contract.The Con- ment will constitute a further representation that conditions tractor shall submit the Contractor's safety program to the listed in Subparagraph 9.10.2 as precedent to the Contractor's Construction Manager for review and coordination with the being entitled to final payment have been fulfilled. safety programs of other Contractors. 9.10.2 Neither final payment nor any remaining retained 10.1.2 In the event the Contractor encounters on the site percentage shall become due until the Contractor submits material reasonably believed to be asbestos or polychlorinated to the Architect through the Construction Manager(1)an affi- biphenyl(PCB)which has not been rendered harmless, the davit that payrolls,bills for materials and equipment,and other Contractor shall immediately stop Work in the area affected indebtedness connected with the Work for which the Owner and report the condition to the Owner,Construction Manager or the Owner's property might be responsible or encumbered and Architect in writing. The Work in the affected area shall (less amounts withheld by Owner)have been paid or other- not thereafter be resumed except by written agreement of the wise satisfied, (2) a certificate evidencing that insurance Owner and Contractor if in fact the material is asbestos or required by the Contract Documents to remain in force after Polychlorinated biphenyl (PCB)and has not been rendered final payment is currently in effect and will not be canceled harmless. The Work in the affected area shall be resumed in or allowed to expire until at least 30 days'prior written notice the absence of asbestos or polychlorinated biphenyl(PCB), has been given to the Owner,(3)a written statement that the or when it has been rendered harmless,by written agreement Contractor knows of no substantial reason that the insurance of the Owner and Contractor, or in accordance with final will not be renewable to cover the period required by the Con- determination by the Architect on which arbitration has not tract Documents,(4)consent of surety,if any,to final payment been demanded, or by arbitration under Article 4. and(5),if required by the Owner,other data establishing pay- 10.1.3 The Contractor shall not be required pursuant to Arti- ment or satisfaction of obligations,such as receipts,releases cle 7 to perform without consent any Work relating to asbestos and waivers of liens, claims, security interests or encum- or polychlorinated biphenyl (PCB). brances arising out of the Contract,to the extent and in such form as may be designated by the Owner. If a Subcontractor 10.1.4 To the fullest extent permitted by law,the Owner shall refuses to furnish a release or waiver required by the Owner, indemnify and hold harmless the Contractor, Construc- the Contractor may furnish a bond satisfactory to the Owner tion Manager, Architect, their consultants, and agents and to indemnify the Owner against such lien.If such lien remains employees Of any of them from and against claims,damages, unsatisfied after payments are made, the Contractor shall losses and expenses, including but not limited to attorneys' refund to the Owner all money that the Owner may be com- fees,arising out of or resulting from performance of the Work AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIAs • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,M5 NEW YORK AVENUE,NW,WASHINGTON,D.C.20006-5292•WARNING: 20 A201/CMa-1992 Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. in the affected area if in fact the material is asbestos or poly- applicable laws, ordinances, rules, regulations and lawful chlorinated biphenyl(PCB)and has not been rendered harm- orders of public authorities bearing on safety of persons or less, provided that such claim, damage, loss or expense is property or their protection from damage, injury or loss. attributable to bodily injury,sickness,disease or death,or to 10.2.3 The Contractor shall erect and maintain, as required injury to or destruction of tangible property(other than the q Work itself)including loss of use resulting therefrom,but only by existing conditions and performance of the Contract, to the extent caused in whole or in part by negligent acts or reasonable safeguards for safety and protection, including omissions of the Owner, anyone directly or indirectly posting danger signs and other warnings against hazards,pro- employed by the Owner or anyone for whose acts the Owner mulgating safety regulations and notifying owners and users may be liable, regardless of whether or not such claim, of adjacent sites and utilities. damage, loss or expense is caused in part by a party indem- 10.2A When use or storage of explosives or other hazardous nified hereunder. Such obligation shall not be construed to materials or equipment or unusual methods are necessary for negate, abridge or reduce other rights or obligations of in- execution of the Work,the Contractor shall exercise utmost demnity which would otherwise exist as to a party or person care and carry on such activities under supervision of prop- described in this Subparagraph 10.1.4. erly qualified personnel. 10.1.5 If reasonable precautions will be inadequate to pre- 10.2.5 The Contractor shall promptly remedy damage and vent foreseeable bodily injury or death to persons resulting loss(other than damage or loss insured under property insur- from a material or substance encountered on the site by the ance required by the Contract Documents) to property Contractor, the Contractor shall, upon recognizing the con- referred to in Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4 caused dition,immediately stop Work in the affected area and report in whole or in part by the Contractor,a Subcontractor,a Sub- the condition to the Owner,Construction Manager and Archi- subcontractor,or anyone directly or indirectly employed by tect in writing. The Owner, Contractor, Construction Man- any of them,or by anyone for whose acts they may be liable ager and Architect shall then proceed in the same manner and for which the Contractor is responsible under Clauses described in Subparagraph 10.1.2. 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attrib- utable to acts or omissions of the Owner,Construction Man- 10.1.6 The Owner shall be responsible for obtaining the ser ager or Architect or anyone directly or indirectly employed vices of a licensed laboratory to verify a presence or absence by any of them, or by anyone for whose acts any of them of the material or substance reported by the Contractor and, may be liable,and not attributable to the fault or negligence in the event such material or substance is found to be pre- of the Contractor.The foregoing obligations of the Contrac- sent,to verify that it has been rendered harmless.Unless other- for are in addition to the Contractor's obligations under wise required by the Contract Documents, the Owner shall paragraph 3.18. furnish in writing to the Contractor, Construction Manager and Architect the names and qualifications of persons or enti- 10.2.6 The Contractor shall designate a responsible member ties who are to perform tests verifying the presence or absence of the Contractor's organization at the site whose duty shall of such material or substance or who are to perform the task be the prevention of accidents.This person shall be the Con- of removal or safe containment of such material or substance. tractor's superintendent unless otherwise designated by the The Contractor,the Construction Manager and the Architect Contractor in writing to the Owner, Construction Manager will promptly reply to the Owner in writing stating whether and Architect. or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, Con 10.2.7 The Contractor shall not load or permit any part of struction Manager or Architect has an objection to a person the construction or site to be loaded so as to endanger or entity proposed by the Owner, the Owner shall propose its safety. another to whom the Contractor, the Construction Manager 10.3 EMERGENCIES and the Architect have no reasonable objection. 10.3.1 In an emergency affecting safety of persons or property, 10.2 SAFETY OF PERSONS AND PROPERTY the Contractor shall act,at the Contractor's discretion,to pre- vent threatened damage, injury or loss. Additional compen- 10.2.1 The Contractor shall take reasonable precautions for sation or extension of time claimed by the Contractor on safety of,and shall provide reasonable protection to prevent account of an emergency shall be determined as provided in damage, injury or loss to: Paragraph 4.7 and Article 7. .1 employees on the Work and other persons who may be affected thereby; ARTICLE 11 .2 the Work and materials and equipment to be incor- porated therein, whether in storage on or off the INSURANCE AND BONDS site,under care,custody or control of the Contrac- 11.1 CONTRACTOR'S LIABILITY INSURANCE for or the Contractor's Subcontractors or Sub- subcontractors; 11.1.1 The Contractor shall purchase from and maintain in .3 other property at the site or adjacent thereto,such a company or companies lawfully authorized to do business as trees,shrubs,lawns,walks,pavements,roadways, in the jurisdiction in which the Project is located such insur- structures and utilities not designated for removal, ance as will protect the Contractor from claims set forth below relocation or replacement in the course of construc- which may arise out of or result from the Contractor's opera- tion; and tions under the Contract and for which the Contractor may .4 construction or operations by the Owner or other be legally liable,whether such operations be by the Contrac- Contractors. for or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any 10.2.2 The Contractor shall give notices and comply with of them may be liable: AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION -AIA° • 01992 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW,WASHINGTON,D.C.20006-5292•WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A 201/C M 2-1992 21 .1 claims under workers compensation,disability bene- entire Work at the site on a replacement cost basis without fit and other similar employee benefit acts which are voluntary deductibles.Such property insurance shall be main- applicable to the Work to be performed; tained,unless otherwise provided in the Contract Documents .2 claims for damages because of bodily injury,occupa- or otherwise agreed in writing by all persons and entities who tional sickness or disease, or death of the Contrac- are beneficiaries of such insurance, until final payment has tor's employees; been made as provided in Paragraph 9.10 or until no person .3 claims for damages because of bodily injury,sickness or entity other than the Owner has an insurable interest in or disease, or death of any person other than the the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of Contractor's employees; the Owner,the Contractor,Subcontractors and Sub-subcon- .4 claims for damages insured by usual personal injury tractors in the Work. liability coverage which are sustained(1) by a per- son as a result of an offense directly or indirectly 11.3.1.1 Property insurance shall be on an "all-risk" policy related to employment of such person by the Con- form and shall insure against the perils of fire and extended tractor, or(2)by another person; coverage and physical loss or damage including, without .5 claims for damages, other than to the Work itself, duplication of coverage,theft,vandalism,malicious mischief, because of injury to or destruction of tangible prop- collapse,falsework,temporary buildings and debris removal erty, including loss of use resulting therefrom; including demolition occasioned by enforcement of any .6 claims for damages because of bodily injury,death applicable legal requirements,and shall cover reasonable com- of a person or property damage arising out of owner- pensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall ship, maintenance or use of a motor vehicle; and not be required unless otherwise provided in the Contract .7 claims involving contractual liability insurance appli- Documents. cable to the Contractor's obligations under Para- graph 3.18. 11.3.1.2 If the Owner does not intend to purchase such 11.1.2 The insurance required by Subparagraph 11.1.1 shall property insurance required by the Contract and with all of be written for not less than limits liability specified in the the coverages in the amount described above,the Owner shall so inform the Contractor in writing prior Contract Documents or required by law,whichever coverage effect commencement is greater. Coverages, whether written on an occurrence or � of the Work.The Contractor may then effect insurance which claims-made basis,shall be maintained without interruption will protect the interests of the Contractor,Subcontractors and from date a commencement of in the Work until date of final Sub-subcontractors in the Work,and by appropriate Change payment and termination of any coverage required to be main- Order the cost thereof shall be charged to the.Owner. If the twined after final payment. Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above,without 11.1.3 Certificates of insurance acceptable to the Owner shall so notifying the Contractor, then the Owner shall bear all be submitted to the Construction Manager for transmittal to reasonable costs properly attributable thereto. the Owner with a copy to the Architect prior to commence- ment of the Work. These certificates and the insurance poli- 11.3.1.3 If the property insurance requires minimum deduct- cies required by this Paragraph 11.1 shall contain a provision ibles and such deductibles are identified in the Contract that coverages afforded under the policies will not be canceled Documents, the Contractor shall pay costs not covered or allowed to expire until at least 30 days'prior written notice because of such deductibles.If the Owner or insurer increases has been given to the Owner.If any of the foregoing insurance the required minimum deductibles above the amounts so coverages are required to remain in force after final payment identified or if'the Owner elects to purchase this insurance and are reasonably available,an additional certificate eviden- with voluntary deductible amounts, the Owner shall be cing continuation of such coverage shall be submitted with responsible for payment of the additional costs not covered the final Application for Payment as required by Subparagraph because of such increased or voluntary deductibles. 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness 11.3.1.4 Unless otherwise provided in the Contract Docu- in accordance with the Contractor's information and belief. ments, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner 11.2 OWNER'S LIABILITY INSURANCE at the value established in the approval,and also portions of the Work in transit. 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance.Optionally, 11.3.1.5 The insurance required by this Paragraph 11.3 is not the Owner may purchase and maintain other insurance for intended to cover machinery, tools or equipment owned or self-protection against claims which may arise from operations rented by the Contractor which are utilized in the performance under the Contract.The Contractor shall not be responsible of the Work but not incorporated into the permanent improve- for purchasing and maintaining this optional Owner's liabil- ments.The Contractor shall,at the Contractor's own expense, ity insurance unless specifically required by the Contract provide insurance coverage for owned or rented machinery, Documents. tools or equipment which shall be subject to the provisions 11.3 PROPERTY INSURANCE of Subparagraph 11.3.7. 11.3.2 Boiler and Machinery Insurance. The Owner shall 11.3.1 Unless otherwise provided,the Owner shall purchase purchase and maintain boiler and machinery insurance and maintain, in a company or companies lawfully autho- required by the Contract Documents or by law, which shall rized to do business in the jurisdiction in which the Project specifically cover such insured objects during installation and is located,property insurance in the amount of the initial Con- until final acceptance by the Owner; this insurance shall tract Sum as well as subsequent modifications thereto for the include interests of the Owner, Construction Manager, Con- AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIA• • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW,WASHINGTON,D.C.20006-5292•WARNING: 22 A201/CMa-1992 Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution, tractor, Subcontractors and Sub-subcontractors in the Work, clause and of Subparagraph 11.3.10.The Contractor shall pay and the Owner and Contractor shall be named insureds. Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written 11.3.3 Loss of Use Insurance. The Owner,at the Owner's where legally required for validity,shall require Subcontrac- option, may purchase and maintain such insurance as will tors to make payments to their Sub-subcontractors in simi- insure the Owner against loss of use of the Owner's property lar manner. due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of 11.3.9 If required in writing by a party in interest,the Owner use-of the Owner's property,including consequential losses as fiduciary shall, upon occurrence of an insured loss, give due to fire or other hazards however caused. bond for proper performance of the Owner's duties.The cost of required bonds shall be charged against proceeds received 11.3.4 If the Contractor requests in writing that insurance for as fiduciary. The Owner shall deposit in a separate account risks other than those described herein or for other special proceeds so received, which the Owner shall distribute in hazards be included in the property insurance policy, the accordance with such agreement as the parties in interest may Owner shall,if possible,include such insurance,and the cost reach, or in accordance with an arbitration award in which thereof shall be charged to the Contractor by appropriate case the procedure shall be as provided in Paragraph 4.9. If Change Order. after such loss no other special agreement is made, replace- ment of damaged property shall be covered by appropriate 11.3.5 If during the Project construction period the Owner Change Order. insures properties,real or personal or both,adjoining or adja cent to the site by property insurance under policies separate 11.3.10 The Owner as fiduciary shall have power to adjust from those insuring the Project,or if after final payment prop- and settle a loss with insurers unless one of the parties in inter- erty insurance is to be provided on the completed Project est shall object in writing within five days after occurrence through a policy or policies other than those insuring the Proj- of loss to the Owner's exercise of this power;if such objec- ect during the construction period, the Owner shall waive tion be made, arbitrators shall be chosen as provided in all rights in accordance with the terms of Subparagraph 11.3.7 Paragraph 4.9.The Owner as fiduciary shall,in that case,make for damages caused by fire or other perils covered by this settlement with insurers in accordance with directions of such separate property insurance. All separate policies shall pro- arbitrators. If distribution of insurance proceeds by arbitra- vide this waiver of subrogation by endorsement or otherwise. tion is required,the arbitrators will direct such distribution. 11.3.6 Before an exposure to loss may occur,the Owner shall 11.3.11 Partial occupancy or use in accordance with Paragraph file with the Contractor a copy of each policy that includes 9.9 shall not commence until the insurance company or com- insurance coverages required by this Paragraph 11.3. Each panes providing property insurance have consented to such policy shall contain all generally applicable conditions,defini- partial occupancy or use by endorsement or otherwise. The tions, exclusions and endorsements related to this Project. Owner and the Contractor shall take reasonable steps to obtain Each policy shall contain a provision that the policy will not consent of the insurance company or companies and shall, be canceled or allowed to expire until at least 30 days'prior without mutual written consent,take no action with respect written notice has been given to the Contractor. to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.3.7 Waivers of Subrogation. The Owner and Contrac- tor waive all rights against each other and against the Con- 11.4 PERFORMANCE BOND AND PAYMENT BOND struction Manager,Architect,Owner's other Contractors and own forces described in Article 6,if any,and the subcontract 11.4.1 The Owner shall have the right to require the Contrac- tors,sub-subcontractors,consultants, agents and employees for to furnish bonds covering faithful performance of the Con- of any of them, for damages caused by fire or other perils tract and payment of obligations arising thereunder as stipu- to the extent covered by property insurance obtained pursuant lated in bidding requirements or specifically required in the to this Paragraph 11.3 or other property insurance applicable Contract Documents on the date of execution of the Contract. to the Work,except such rights as the Owner and Contractor 11.4.2 Upon the request of any person or entity appearing may have to the proceeds of such insurance held by the to be a potential beneficiary of bonds covering payment of Owner as fiduciary.The Owner or Contractor,as appropriate, obligations arising under the Contract, the Contractor shall shall require of the Construction Manager, Construction promptly furnish a copy of the bonds or shall permit a copy Manager's consultants, Architect, Architect's consultants, to be made. Owner's separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and ARTICLE 12 employees of any of them,by appropriate agreements,writ- ten where legally required for validity, similar waivers each UNCOVERING AND CORRECTION OF WORK in favor of other parties enumerated herein.The policies shall provide such waivers of subrogation by endorsement or other- 12.1 UNCOVERING OF WORK wise. A.waiver of subrogation shall be effective as to a per- son or entity even though that person or entity would other- 12.1.1 If a portion of the Work is covered contrary to the Con- wise have a duty of indemnification,contractual or otherwise, struction Manager's or Architect's request or to requirements did not pay the insurance premium directly or indirectly,and specifically expressed in the Contract Documents,it must,if whether or not the person or entity had an insurable interest required in writing by either, be uncovered for their obser- in the property damaged. vation and be replaced at the Contractor's expense without change in the Contract Time. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to 12.1.2 If a portion of the Work has been covered which the Owner as fiduciary for the insureds,as their interests may the Construction Manager or Architect has not specifically appear,subject to requirements of any applicable mortgagee requested to observe prior to its being covered,the Construc- AIA DOCUMENT A201lCMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIA* • ©1992 • THE AMERICAN ...,.....T...' -.­­­ „ <WPXY7 VnRK AVVNIIF Hew WASHINGTON.D.C.20006-5292•WARNING: Lion Manager or Architect may request to see such Work and which is not in accordance with the requirements of the Con- it shall be uncovered by the Contractor. If such Work is in tract Documents. accordance with the Contract Documents,costs of uncover- 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- ing and replacement shall, by appropriate Change Order, be strued to establish a period of limitation with res ct to other charged to the Owner.If such Work is not in accordance with Pe the Contract Documents,the Contractor shall pay such costs obligations which the Contractor might have under the Con- unless the condition was caused the Owner or one of the tract Documents.Establishment of the time period of one year other Contractors in which event the Owner shall be respon- sible as described in Subparagraph 12.2.2 relates only to the specific for payment of such costs. obligation of the Contractor to correct the Work,and has no relationship to the time within which the obligation to com- 12.2 CORRECTION OF WORK ply with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may be 12.2.1 The Contractor shall promptly correct Work rejected commenced to establish the Contractor's liability with respect by the Construction Manager or Architect or failing to con- to the Contractor's obligations other than specifically to cor- form to the requirements of the Contract Documents,whether rect the Work. observed before or after Substantial Completion and whether or not fabricated,installed or completed.The Contractor shall 12.3 ACCEPTANCE OF NONCONFORMING WORK bear costs of correcting such rejected Work,including addi- tional testing and inspections and compensation for the Con- 12.3.1 If the Owner prefers to accept Work which is not in struction Manager's and Architect's services and expenses accordance with the requirements of the Contract Documents, made necessary thereby. the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced 12.2.2 If,within one year after the date of Substantial Com- as appropriate and equitable.Such adjustment shall be effected pletion of the Work or designated portion thereof, or after whether or not final payment has been made. the date for commencement of warranties established under Subparagraph 9.9.1,or by terms of an applicable special war- ranty required by the Contract Documents,any of the Work ARTICLE 13 is found to be not in accordance with the requirements of MISCELLANEOUS PROVISIONS the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to 13.1 GOVERNING LAW do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one 13.1.1 The Contract shall be governed by the law of the place year shall be extended with respect to portions of Work first where the Project is located. performed after Substantial Completion by the period of time between Substantial Completion and the actual performance 13.2 SUCCESSORS AND ASSIGNS of the Work.This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and 13.2.1 The Owner and Contractor respectively bind them- termination of the Contract.The Owner shall give such notice selves, their partners,successors,assigns and legal represen- promptly after discovery of the condition. tatives to the other party hereto and to partners,successors, 12.2.3 The Contractor shall remove from the site portions assigns and legal representatives of such other party in respect of the Work which are not in accordance with the require- to covenants, agreements and obligations contained in the ments of the Contract Documents and are neither corrected Contract Documents.Neither party to the Contract shall assign by the Contractor nor accepted by the Owner. the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without 12.2.4 If the Contractor fails to correct nonconforming Work such consent, that party shall nevertheless remain legally within a reasonable time,the Owner may correct it in accbr- responsible for all obligations under the Contract. dance with Paragraph 2.4.If the Contractor does not proceed with correction of such nonconforming Work within a rea- 13.3 WRITTEN NOTICE sonable time fixed by written notice from the Architect issued through the Construction Manager, the Owner may remove 13.3.1 Written notice shall be deemed to have been duly it and store the salvable materials or equipment at the Con- served if delivered in person to the individual or a member tractor's expense.If the Contractor does not pay costs of such of the firm or entity or to an officer of the corporation for removal and storage within ten days after written notice, the which it was intended,or if delivered at or sent by registered Owner may upon ten additional days'written notice sell such or certified mail to the last business address known to the materials and equipment at auction or at private sale and shall party giving notice. account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, 13.4 RIGHTS AND REMEDIES including compensation for the Construction Manager's and Architect's services and expenses made necessary thereby. If 13.4.1 Duties and obligations imposed by the Contract Docu- such proceeds of sale do not cover costs which the Contrac- ments and rights and remedies available thereunder shall be for should have borne,the Contract Sum shall be reduced by in addition to and not a limitation of duties,obligations,rights the deficiency. If payments then or thereafter due the Con- and remedies otherwise imposed or available by law tractor are not sufficient to cover such amount,the Contrac- tor 13.4.2 No action or failure to act by the Owner Construc- tion Manager,Architect or Contractor shall constitute a waiver 12.2.6 The Contractor shall bear the cost of correcting of a right or duty afforded them under the Contract,nor shall destroyed or damaged construction, whether completed or such action or failure to act constitute approval of or acqui- partially completed, of the Owner or other Contractors escence in a breach thereunder,except as may be specifically caused by the Contractor's correction or removal of Work agreed in writing. AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIAe • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW,WASHINGTON,D.C.2006G5292•WARNING: 24 A201/CMa-1992 Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution, 13.5 TESTS AND INSPECTIONS limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in 13.5.1 Tests, inspections and approvals of portions of the any and all events not later than such date of Substan- Work required by the Contract Documents or by laws, ordi- tial Completion; nances,rules,regulations or orders of public authorities having .2 Between Substantial Completion and Final Cer- jurisdiction shall be made at an appropriate time.Unless other- tificate for Payment. As to acts or failures to act wise provided, the Contractor shall make arrangements for occurring subsequent to the relevant date of Substan- such tests, inspections and approvals with an independent tial Completion and prior to issuance of the final Cer- testing laboratory or entity acceptable to the Owner,or with tificate for Payment,any applicable statute of limita- the appropriate public authority,and shall bear all related costs tions shall commence to run and any alleged cause of tests,inspections and approvals.The Contractor shall give of action shall be deemed to have accrued in any and the Construction Manager and Architect timely notice of when all events not later than the date of issuance of the and where tests and inspections are to be made so the Con- final Certificate for Payment; and struction Manager and Architect may observe such pro- cedures. The Owner shall bear costs of tests, inspections or .3 After Final Certificate for Payment. As to acts or approvals which do not become requirements until after bids failures to act occurring after the relevant date of issu- are received or negotiations concluded. ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run 13.5.2 If the Construction Manager,Architect,Owner or pub- and any alleged cause of action shall be deemed to lic authorities having jurisdiction determine that portions of have accrued in any and all events not later than the the Work require additional testing, inspection or approval date of any act or failure to act by the Contractor not included under Subparagraph 13.5.1, the Construction pursuant to any warranty provided under Paragraph Manager and Architect will,upon written authorization from 3.5,the date of any correction of the Work or failure the Owner,instruct the Contractor to make arrangements for to correct the Work by the Contractor under Para- such additional testing, inspection or approval by an entity graph 12.2,or the date of actual commission of any acceptable to the Owner,and the Contractor shall give timely other act or failure to perform any duty or obli- notice to the Construction Manager and Architect of when gation by the Contractor or Owner, whichever and where tests and inspections are to be made so the Con- occurs last. struction Manager and Architect may observe such proce- dures. The Owner shall bear such costs except as provid-d in Subparagraph 13.5.3. ARTICLE 14 13.5.3 If such procedures for testing,inspection or approval TERMINATION OR SUSPENSION under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the OF THE CONTRACT portions of the Work to comply with requirements established by the Contract Documents,the Contractor shall bear all costs 14.1 TERMINATION BY THE CONTRACTOR made necessary by such failure including those of repeated procedures and compensation for the Construction Manager's 14.1.1 The Contractor may terminate the Contract if the Work and Architect's services and expenses. is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor,Sub-subcontractor or their 13.5.4 Required certificates of testing,inspection or approval agents or employees or any other persons performing por- shall,unless otherwise required by the Contract Documents, tions of the Work under contract with the Contractor,for any be secured by the Contractor and promptly delivered to the of the following reasons: Construction Manager for transmittal to the Architect. ,1 issuance of an order of a court or other public 13.5.5 If the Construction Manager or Architect is to observe authority having jurisdiction; tests, inspections or approvals required by the Contract .2 an act of government, such as a declaration of Documents, the Construction Manager or Architect will do national emergency, making material unavailable; SO promptly and, where practicable, at the normal place .3 because the Construction Manager or Architect has of testing. not issued a Certificate for Payment and has not 13.5.6 Tests or inspections conducted pursuant to the Con- notified the Contractor of the reason for withholding tract Documents shall be made promptly to avoid unrea- certification as provided in Subparagraph 9.4.2, or sonable delay in the Work. because the Owner has not made payment on a Cer- tificate for Payment within the time stated in the Con- 13.6 INTEREST tract Documents; .4 if repeated suspensions, delays or interruptions by 13.6.1 Payments due and unpaid under the Contract Docu- the Owner as described in Paragraph 14.3 constitute ments shall bear interest from the date payment is due at such in the aggregate more than 100 percent of the total rate as the parties may agree upon in writing or,in the absence number of days scheduled for completion, or 120 thereof, at the legal rate prevailing from time to time at the days in any 365-day period, whichever is less; or place where the Project is located. 5 the Owner has failed to furnish to the Contractor 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD promptly,upon the Contractor's request,reasonable evidence as required by Subparagraph 2.2.1. 13.7.1 As between the Owner and Contractor: 14.1.2 If one of the above reasons exists,the Contractor may, .1 Before Substantial Completion. As to acts or fail- upon seven additional days'written notice to the Owner,Con- ures to act occurring prior to the relevant date of struction Manager and Architect, terminate the Contract and Substantial Completion, any applicable statute of recover from the Owner payment for Work executed and for AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIA® • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.2WO6-5292•WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A201/CMa-1992 25 proven loss with respect to materials,equipment, tools, and machinery thereon owned by the Contractor; construction equipment and machinery,including reasonable ,2 accept assignment of subcontracts pursuant to overhead, profit and damages. Paragraph 5.4; and 14.1.3 If the Work is stopped for a period of 60 days through .3 finish the Work by whatever reasonable method the no act or fault of the Contractor or a Subcontractor or their Owner may deem expedient. agents or employees or any other persons performing por- tions of the Work under contract with the Contractor because 14.2.3 When the Owner terminates the Contract for one of the Owner has persistently failed to fulfill the Owner's obliga- the reasons stated in Subparagraph 14.2.1, the Contractor tions under the Contract Documents with respect to matters shall not be entitled to receive further payment until the Work important to the progress of the Work, the Contractor may, is finished. upon seven additional days'written notice to the Owner,Con- struction Manager and Architect,terminate the Contract and 14.2.4 If the unpaid balance of the Contract Sum exceeds recover from the Owner as provided in Subparagraph 14.1.2. costs of finishing the Work, including compensation for the Construction Manager's and Architect's services and expenses 14.2 TERMINATION BY THE OWNER FOR CAUSE made necessary thereby,such excess shall be paid to the Con- tractor.If such costs exceed the unpaid balance,the Contrac- 14.2.1 The Owner may terminate the Contract if the for shall pay the difference to the Owner.The amount to be Contractor: paid to the Contractor or Owner, as the case may be, shall, .1 persistently or repeatedly refuses or fails to sup- upon application,be certified by the Architect after consulta- ply enough properly skilled workers or proper tion with the Construction Manager, and this obligation for materials; payment shall survive termination of the Contract. .2 fails to make payment to Subcontractors for mate- rials or labor in accordance with the respective 14.3 SUSPENSION BY THE OWNER agreements between the Contractor and the FOR CONVENIENCE Subcontractors; .3 persistently disregards laws, ordinances, or rules, 14.3.1 The Owner may,without cause,order the Contractor regulations or orders of a public authority having in writing to suspend,delay or interrupt the Work in whole jurisdiction; or or in part for such period of time as the Owner may determine. .4 otherwise is guilty of substantial breach of a proiri- 14.3.2 An adjustment shall be made for increases in the cost Sion of the Contract Documents. of performance of the Contract, including profit on the 14.2.2 When any of the above reasons exist,the Owner,after increased cost of performance,•caused by suspension, delay consultation with the Construction Manager, and upon cer- or interruption. No adjustment shall be made to the extent: tifiication by the Architect that sufficient cause exists to justify .1 that performance is, was or would have been so such action, may without prejudice to any other rights or suspended,delayed or interrupted by another cause remedies of the Owner and after giving the Contractor and for which the Contractor is responsible; or the Contractor's surety,if any,seven days'written notice,ter- ,2 that an equitable adjustment is made or denied minate employment of the Contractor and may,subject to any under another provision of this Contract. prior rights of the surety: .1 take possession of the site and of all materials,equip- 14.3.3 Adjustments made in the cost of performance may have ment, tools, and construction equipment and a mutually agreed fixed or percentage fee. AIA DOCUMENT A201/CMa • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-ADVISER EDITION • 1992 EDITION • AIA° • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006-5292•WARNING: 26 A201/CM a-1992 Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. New Fire House Village of Rye Brook Page 01250-1 SECTION 01250 SPECIAL CONDITIONS 1. GENERAL a. All work included in the Specifications shall be governed by the Contract Documents. b. The Division and Section format is based on the AIA-CSI Uniform System for Construction Specifications. c. The Contractor shall be required to comply with applicable regulations, rules and requirements of the New York State Building Code and all other city and state and federal codes and regulations having jurisdiction under this project. 2. CONSTRUCTION TEAM INFORMATION a. The "construction team" refers to the Owner, Construction Manager and Architect. These organizations and their representatives are: Owner., Village of Rye Brook 938 King Street Rye Brook, New York 10573 914-939-1121 phone 914-939-0242 fax Christopher Bradbury, Village Administrator/Clerk Construction Manager.- Calgi/ EMc 221 Union Avenue New Rochelle, New York 10801 914 632-9432 phone 914 632-1236 fax Ken Sans, Project Manager Architect: Sullivan Architect, P.C. 115 Stevens Avenue Valhalla, New York 10595 914-747-4004 phone 914-747-4919 fax Joe Barry, Project Architect 3. RESPONSIBILITY & INTENT a. The Contractor shall provide all labor, materials, equipment, appliances and services necessary to execute and complete all work as required by the Contract Documents and the applicable Building Codes. For complete information on this subject, refer to Article 1 of the General Conditions. Special Conditions Page 01250-2 b. The Contractor shall thoroughly examine the drawings and specifications, carefully checking the figured dimensions, before commencing work, and report to the Construction Manager if any discrepancy, error or defect appears. Refer to Articles 1, 2, and 3 (specifically, but not limited to, Paragraphs 1.2 and 3.2 and their subparagraphs) of the General Conditions for complete information on responsibilities for verifying conditions and reporting errors or discrepancies. 4. CONDITIONS AT THE SITE a. The Contractor has visited the site and agrees that he is cognizant and fully aware of the systems involved with his own work, the work of his subcontractors and the work of other trades and realizes what logistics are required to bring manpower and materials to the work areas and to remove from the work areas any demolition, debris, garbage and equipment that is his responsibility. During any work, the Contractor is to keep all occupied areas of the building cordoned off from any areas having work done and to seal off occupied areas from dust and debris. Refer to Article 3 of the General Conditions for additional information. 5. LABOR ON SITE a. The Contractor shall indemnify and hold harmless the Owner, the Construction Manager and the Architect from any and all damages, injuries, expenses (including legal fees) and all other liabilities (including consequential damages resulting from any such labor problem) resulting from action or failure to act as set forth in paragraph i and its subparagraphs. b. If any such dispute, strike, picketing or slowdown shall occur due to the persons employed by or on behalf of any Subcontractor, than the Contractor shall compel its Subcontractor to cease or cause the cessation of the continuation of such offending practice. c. Any of the above shall not constitute reason for a delay claim. Refer to Article 3.4 of the General Conditions for additional information. 6. ADDITIONAL REQUIREMENTS a. The Contractor and each Subcontractor hereby accepts and assumes full and exclusive liability for the payments of contributions, taxes, or premiums which may be payable or required under an Unemployment Insurance Act or Federal Social Security Act as-to employees engaged in the performance of work included in this Contract. He further agrees to relieve the Owner from the liability for contributions measured by wages to the employees of the Contractor or his Subcontractors engaged in performance of the work included in this Contract. Special Conditions Page 01250-3 b. The Contractor shall further comply with the rules and regulations which may be issued by the U.S. Commissioner of Internal Revenue with the approval of the Secretary of the Treasury for the enforcement of the Federal Social Security Act as to employees engaged in the performance of the work included in his Contract. c. The Owner is exempt from payment of Federal, State, Local Taxes and sales and compensating use taxes of the State of New York and of cities and counties on all materials and supplies incorporated into the completed Project. (Refer to Article 3.6 of the General Conditions). These taxes are not to be included in any of the bids or charges. This exemption does not apply to tools, machinery, equipment or other property leased by or to the Contractor or a Subcontractor, or to supplies and materials which, even though they are consumed, are not incorporated into the completed Project, and the Contractor and Subcontractors shall be responsible for and pay any and all applicable taxes, including sales and compensating use taxes, on such leased tools, machinery, equipment or other property and upon all such unincorporated supplies and materials. d. The Contractor shall procure and pay for all other permits, licenses, certificates and approvals necessary for the execution of this Contract. e. The Contractor and Subcontractors shall obtain any and at necessary certificates or other documentation from the appropriate governmental agency or agencies, and use such certificates or other documentation as required by law, rule or regulation. f. The work shall be performed in accordance with the rules and regulations of OSHA, and all city, state and federal authorities, codes and restrictions having jurisdiction. g. All mechanical and electrical equipment supplied shall have a U.L. Label END OF SECTION New Fire House Village of Rye Brook Page 02000-1 SECTION 02000 SITE WORK PART 1 - GENERAL 1.01 DESCRIPTION A. These general site work requirements apply to all site work operations. Refer to Division 1 specifications for specific and general requirements. 1.02 QUALITY ASSURANCE A. Comply with all applicable local, state and federal equipment regarding materials, methods of work and disposal of excess and waste materials. B. Obtain and pay for all required inspections, permits and fees. Provide notices required by governmental authorities. The City of Rye will not charge a fee, but application must be made and permit obtained. 1.03 PROJECT CONDITIONS A. When uncharted or incorrectly charted underground piping or other utilities and services are encountered during site work operations, notify the applicable utility company immediately to obtain procedure directions. Cooperate with the applicable utility company in maintaining active services in operation. B. Locate, protect and maintain bench marks, monuments, control points and project engineering reference points. Re-establish disturbed or destroyed items at Contractor's expense. C. Perform site work operations and the removal of debris and waste materials to assure minimum interference with streets, walks and other adjacent facilities. D. Obtain governing authorities written permission when required to close off obstruct street, walks and adjacent facilities. Provide alternate routes around closed or obstructed traffic ways when required by governing authorities. E. Control dust caused by the work. Dampen surfaces as required. Comply with pollution control regulations of governing authorities. F. A safety fence must be erected prior to starting work, this fence is to remain after completion and become the property of the owner. G. Protect existing buildings, paying and other services or facilities on site and adjacent to the site from damage caused by site work operation. Cost of repair and restoration of damaged items at Contractor's expense. Site Work Page 02000-2 PART 2 — PRODUCTS 2.01 MATERIALS AND EQUIPMENT A. Materials and equipment: As selected by Contractor, except as indicated. PART 3 - EXECUTION Not applicable for this section. END OF SECTION New Fire House Village of Rye Brook Page 02050-1 SECTION 02050 STORAGE TANK CLOSURE AND SOIL REMEDIATION PART 1 - GENERAL 1.01 Scope of Work: The CONTRACTOR is to provide expert services for the permanent closure by removal of the 550 gallon underground heating oil storage tank (UST) as shown on the Contract Drawings. The CONTRACTOR shall also provide expert services for the remediation of the identified contaminated area and well as any contaminated areas which may be encountered during closure of the tank. The closure of the storage tank and remediation activities shall be conducted in a manner that complies with all applicable local, county and state regulations. 1.02 CONTRACTOR's Responsibilities The CONTRACTOR shall notify the NYSDEC Spill Hotline (1-800-457-7362) regarding any identified soil contamination. Prior to conducting any work, the CONTRACTOR shall obtain all necessary permits from the Village of Rye Brook, the Westchester County Health Department (WCHD), and/or the NYSDEC. In addition the CONTRACTOR, shall notify all appropriate agencies prior to commencing the site work. Once all appropriate permits have been obtained, the CONTRACTOR shall pump out and dispose of the remaining contents from each of the identified storage tanks. The piping should then be drained and flushed into the storage tank. 1.03 Underground Storage Tanks The CONTRACTOR shall use a backhoe to excavate approximately two to four feet of soil and carefully uncover the top of the tank. Once exposed, the heating oil tank shall be cut open using a non-sparkling tool and the interior shall be cleaned until all residual petroleum and tank bottom liquid has been removed. The interior of the tank shall be visually inspected for evidence of corrosion (i.e. rust, holes, etc.) prior to removal from the ground. The CONTRACTOR shall make arrangements to have the storage tanks inspected by appropriate persons from the Village of Rye Brook Building Department, Fire Prevention Bureau, WCHD, or NYSDEC if required. The CONTRACTOR shall then remove the UST and all associated piping from the ground and place it on plastic sheeting. The exterior of the UST shall then be visually inspected for evidence of a petroleum release. The date of permanent closure shall be clearly marked on the exterior of the storage tank. New Fire House Village of Rye Brook Page 02050-2 The CONTRACTOR shall then collect one to three samples from the bottom of the tank excavation to be analyzed by a certified laboratory for the parameters listed in the table below. If groundwater is encountered in the excavation, the soil samples shall be collected from the sidewalls of the excavation, just above the groundwater surface. Once the analytical results are available, the CONTRACTOR shall provide a copy to the OWNER and the Owner's CONSULTANT. Purpose Parameters Heating Oil UST Total Petroleum Hydrocarbons (TPHC) Volatile Organic Compounds (VO+10) The storage tanks should then be properly disposed of at an accepting scrap yard or landfill. 1.04 Remediation of Contaminated Soils All remediation activities shall be conducted under the inspection of a qualified environmental consultant (CONSULTANT). The CONTRACTOR shall excavate the contaminated soils surrounding the identified storage tank and stockpile the soil on plastic sheeting as directed by the CONSULTANT. The stockpile shall be covered with plastic sheeting until disposal arrangements can be made. The CONTRACTOR shall be responsible for making arrangements for disposal of contaminated soil and any necessary waste classification laboratory analysis required. A photoionization detector (PID) shall be used by the CONSULTANT to screen the site soils in order to segregate the contaminated soils from the "clean" soils and delineate the contamination. Once delineated, post-excavation soil samples shall be collected from the sidewalls and bottom of the excavation to be analyzed by a certified laboratory. The storage tank samples shall be analyzed for the parameters listed in the table above. Purpose Parameters Storm Drains Volatile Organic Compounds (VO + 10) Semi-Volatile Organic Compounds (SVOC) Metals New Fire House Village of Rye Brook Page 02050-3 Once the analysis shows that all contaminated soil has been removed, the CONTRACTOR shall then backfill the excavation with certified clean fill to the required grade. If evidence of a petroleum release is observed during closure of the storage tank the NYSDEC spill hotline must be contacted at 1-800-457-7362. New Fire House Village of Rye Brook Page 02070-1 SECTION 02070 DEMOLITION PART 1 —GENERAL 1.01 GENERAL REQUIREMENTS A. Work of this Section shall be governed by the Contract Documents. Provide materials, labor, equipment and services necessary to furnish, deliver and install all work of this Section as shown on the drawings, as specified herein, and/or as required by job conditions. B. "Remove" shall be considered to include total removal to reasonable cut-off point at item to remain, including proper disposal of such removed items off-site. Any salvage value shall be the right of the contractor performing the work. Filling in of any depressions and patching at item to remain shall be included in the demolition work. C. Provide necessary safety equipment and supplies to protect workers and owners from harm. D. Provide necessary barricades, fences and signs to prevent unauthorized persons from entering the work area. E. Provide adequate protection to prevent damage to structures, equipment and utilities to remain. F. Provide required safeguards such as sidewalk bridges, fences, barricades, etc. to ensure the safety of the general public as required by law and good practice. 1.02 DESCRIPTION A. General Scope: In addition to demolition work specifically shown on the Drawings: 1. Removal of hazardous or unsanitary conditions. 2. Removal of abandoned items and items serving no useful purpose, such as abandoned piping, conduit and wiring. 3. Removal of debris, rubbish, materials and equipment resulting from removals. 4. Maintaining adequate fire prevention procedures and techniques during the entire course of the work. 5. Scheduling of the work as required by the Contract Documents. 6. Permits: Obtain all permits and inspections when and if required in connection with the demolition, removal and disposal of debris. Demolition Page 02070-2 7. All other cutting, piecing out, re-arranging, filling in, etc. of existing work as necessary to properly complete the work whether or not specifically shown on the drawings and or specified, in accordance with encountered conditions. 8. Patching, filling and replacing all surfaces disturbed, cut, damaged, or in need or repair or made imperfect by the removal work. 9. Repairing, replacing, cleaning and realigning existing work which is scheduled to remain. B. Exterior Demolition 1. Remove all existing building walls, foundations and basement slabs as indicated on drawings. 2. Remove ramps, stairs, platforms and railings indicated to be removed. 1.03 PROJECT CONDITIONS A. Condition of Structures: Owner assumes no responsibility for actual condition of items or structures to be demolished. B. Storage or sale of removed items on site will not be permitted. C. Protections: Provide temporary barricades and other forms of protection as required to protect Owner's personnel and general public from injury due to demolition work. 1. Provide construction fence that is to remain at the conclusion of contract. Safety fence must be properly secured. 2. Provide bracing, or support to prevent movement, settlement, or collapse of structure or element to be demolished, while demolition proceeds. 3. Protect from damage any and all public sidewalks, roads, etc. during the demolition process. 4. Provide daily street cleaning as required to keep King Street free of all debris and dirt coming from the site. E. Damages: Promptly repair damages caused to adjacent facilities by demolition work at no cost to Owner. Demolition Page 02070-3 F. Traffic: Conduct demolition operations and debris removal in a manner to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. 1. Do not close, block or otherwise obstruct streets, walks or other occupied or used facilities without written permission from authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. 2. Keep roadways and walks reasonably clean during working hours and thoroughly clean and sweep them. G. Explosives: Use of explosives will not be permitted. PART 2 - PRODUCTS Products not applicable for this section. PART 3 - EXECUTION 3.01 INSPECTION OF CONDITIONS A. Prior to commencement of demolition work, inspect areas in which will be performed. Examine the documents covering the work of this section and refer to the existing conditions, including mechanical and electrical areas, which may affect the work of this section or require coordination with other trades. B. Before starting work, make a thorough examination of those portions of the structure in which the work is to be performed. Check the work adjoining or at underlying locations, in which the work is to be performed. Report to the Construction Manager any and all conditions which may interfere with or otherwise affect or prevent the proper execution and completion of the work. C. Failure to notify the Construction Manager and Owner of unsatisfactory conditions which may affect the work of this section or require coordination with other trades. D. The execution of work constitutes acceptance of the conditions. Later claims will not constitute relief from the requirements of the Specifications under this Section, nor will extra compensation be paid by the Owner. E. Prior to start of demolition, the Contactor shall call to the attention of the Owner and Construction Manager any damage, cracks or other imperfections in the work adjacent to demolition areas. Demolition Page 02070-4 F. Obvious existing conditions, installations and obstructions affecting the work shall be taken into consideration as necessary work to be done, the same as though they were completely shown or described. G. Items of existing construction indicated to remain upon completion of the Contract, but which require removal to complete the work, shall be carefully removed and replaced as required. The replaced work shall match its condition at the start of the work unless otherwise required. 3.02 SCHEDULING OF THE WORK A. Take every precaution to protect the existing work indicated to remain. If work that is to remain becomes damaged during the course of the demolition operations it will be repaired and/or replaced to the Owner's satisfaction, at no additional cost. B. If there are any deviations from the agreed upon schedule, such deviations shall be reported to all parties, a minimum of 72 hours before a deviation takes effect, to allow the other parties to adjust their schedules accordingly, or as mutually agreed upon by all parties. 3.03 DEMOLITION OPERATIONS A. Perform demolition and removal and relocation work in strict accordance with Owner's instructions and applicable Federal, State and Local health and safety standards, codes and ordinances. Where conflicts occur, the more restrictive requirement shall be adhered to. B. Take necessary, precautions to prevent dust and dirt from rising by wetting demolished debris. Excessive use of water will not be permitted. C. Burning of materials on the premises will not be permitted. D. Partial removal: Items of salvageable value to the Contractor may be removed from the structure as the work progresses. Salvaged items must be transported from the Project Site as they are removed. Storage or sale of removed items on the Project Site will not be permitted. 3.04 WORKMANSHIP A. Employ only competent mechanics thoroughly skilled in their respective crafts to perform the work. B. Perform the work in accordance with the highest standards and established practices in the trade, and conform to all the rules and regulations of all city, state and federal authorities having jurisdiction over this work. Demolition Page 02070-5 C. Furnish and maintain temporary types of protection as necessary to adequately protect and prevent accidental injury to the public, Owner's personnel and personnel employed at the work. Take all necessary precautions to keep trespassers out of work areas. Properly secure work areas from entry when work is not in progress. D. Surplus material resulting from the work which may be left over after the work is completed shall be hauled away and the area shall be left entirely clean and unobstructed. E. Repair or replace at the direction of the Architect or Engineer, any and at equipment, apparatus, parts of the building, property of the Owner not specified to be demolished, and not specified to be removed, but which are damaged during the progress of, and as a result of the work of this section. Make any and all such repairs, replacements, and recertifications to restore the damaged portions or items to at least their original condition at the time of damage, and without extra cost. 3.05 DISPOSAL OF DEMOLISHED MATERIALS A. Remove debris, rubbish and other materials resulting from demolition operations from building site. Transport and legally dispose of materials off site. Burning of removed materials is not permitted on project site. 3.06 CLEAN-UP AND REPAIR A. Upon completion of demolition work, remove tools, equipment and demolished materials from site. Remove protections and leave areas broom clean. B. Repair demolition performed in excess of that required. Return structures and surfaces to remain to condition existing prior to commencement of demolition work. Repair adjacent construction or surfaces soiled or damaged by demolition work. END OF SECTION NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-1 SECTION 02100 TABLE OF CONTENTS (I.) SCOPE OF WORK 1.1 Project/Site Description 1.2 Allotted Time Frame to Complete Project 1.3 Project Filing Procedures/Abatement Methods 1.4 Sequence of Work Events 1.5 Notification and Licensing Requirements for Asbestos Abatement 1.6 Coordination with Demolition Work (II.) GENERAL PROCEDURES FOR ASBESTOS ABATEMENT 2.1 New York State Definitions 2.2 Standard Operating Procedures 2.3 Notifications, Permits, Warning Signs, Labels, & Posters 2.4 Emergency Precautions 2.5 Submittals During the Project 2.6 Applicable Standards 2.7 Owner/Contractor Responsibilities 2.8 Use of Building Facilities 2.9 Use of the Premises 2.10 Protection and Damage 2.11 Respirator Protection Requirements 2.12 Protective Clothing 2.13 Personal/OSHA Air Monitoring (Contractor) 2.14 3rd Party Air Monitoring (Owner) (III.) PROJECT SPECIFIC ASBESTOS ABATEMENT PROCEDURES 3.1 Material Handling 3.2 Materials 3.3 Tools and Equipment 3.4 Personal Decontamination Unit 3.5 Decontamination Sequence 3.6 Waste Decontamination Facility 3.7 Maintenance of Decontamination Unit 3.8 HVAC and Electric Power Lockout 3.9 Procedure for Removal of ACM 3.10 Procedure for spot Glovebag Removal Work (Fitting Insulation) 3.11 Application of Lockdown Sealant After Asbestos Removal 3.12 Removal and Storage of Contaminated waste 3.13 Final Clean-up of Work Area 3.14 Transportation and Disposal of Asbestos Contaminated Waste NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-2 3.15 Routing of Air Filtration Device (AFD) Exhaust Hoses (IV.) CONSTRUCTION SAFETY REQUIREMENTS 4.1 Submittal of Company Health & Safety Policy 4.2 Fall Hazard Protection 4.3 Confined Space Monitoring 4.4 MSDS Sheets/Chemical Hazards 4.5 Noise and Dust Control 4.6 Fire and Electrical Safety/GFIC's 4.7 Incident Reporting (V.) FINAL INSPECTION/CERTIFICATION PRIOR TO DEMOLITION OF STRUCTURE 6.1 Final Walk-Through/Inspection 6.2 Periodic Inspection of Demolition Debris 6.3 Contractor Responsibility to Correct Deficiencies ATTACHMENTS: Attachment 1:Asbestos survey report - Attachment 2: Procedure for addressing the presence of lead based paint (LBP) Attachment 3: Procedure for addressing PCB-Containing Light fixture ballasts (add alternate) NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-3 This project specification manual was prepared by Omega Environmental Services Inc. for the Village of Rye Brook. No specific warranties or guarantees are made by Omega Environmental Services, Inc. or it employees, as to the use of any information, product, apparatus, and/or process disclosed herein. Even though every reasonable effort has been employed by Omega personnel to assure that this document is correct, the Contractor shall bring all discrepancies to the immediate attention of Omega. This specification document was prepared and developed for specific use in the Firehouse structure for removal of all ACM prior to the onset of demolition work. Use of this document on any project except as described herein is prohibited unless prior written permission is obtained from Omega Environmental Services. This specification document is provided for the explicit purpose of the Contractor bidding on the work as described herein. The work described in this document shall comply with the general, supplementary, and other conditions included in the complete set of project documents. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-4 PROJECT CONTACTS CONSTRUCTION Dominic Calgi MANAGER : Calgi Construction 221 Union Ave. New Rochelle, NY 10801 [(914)632-9423] ASBESTOS CONSULTANT: Geiser Fajardo Omega Environmental Services, Inc. 165 State Street Hackensack, NJ 07601 Phone: 201-489-8700 Fax: 201-342-5412 " NOTE: All technical questions (e.g. work procedures, filing procedures, safety issues etc.) shall be faxed to Calgi Construction at (914)939-0242. Any accidents requiring medical attention and all DOH, OSHA, Fire Department, or other regulatory agency inspections and/or correspondences shall be reported immediately to Calgi Construction. Failure to comply with notification/incident reporting requirements at any time during the project shall constitute breach of contract. No aspects of the contract shall be sub-contracted without first obtaining permission from Calgi Construction. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-5 (I.) SCOPE OF WORK 1.1 PROJECT/SITE DESCRIPTION: Base contract removal of all ACM from in/on the firehouse structure prior to demolition The licensed asbestos abatement contractor shall remove all exposed and concealed ACM from in the firehouse structure prior to demolition to grade. According to the "Asbestos Building Survey" the below listed estimated quantities of ACM have been identified, although the bidding contractor's responsible for field verification prior to bid submittal. Material Total Quantity Removal Method Floor Tile 160 s .ft AV-120 Exterior Transite 100 sq.ft. AV- 84 Shingle Pipe Insulation 25 In.ft. AV-108 any additional concealed materials Add alternate work —Removal and disposal of PCB-containing light fixture ballasts (see attachment) In addition to compliance with the "OSHA Lead in Construction Standard" (29CFR1926.62) while performing all work the contractor shall provide "add alternate" pricing for removal of PCB containing light fixture ballast including generation of a waste manifest. Project Scheduling The abatement work shall be conducted during an assigned 5-day period. Occupancy Status The firehouse structure shall be vacant during the abatement project. 1.2 ALLOTTED TIME FRAME TO COMPLETE PROJECT: All abatement should be completed within a 3-5 day time period. No overtime premiums will be paid. 1.3 PROJECT FILING PROCEDURES/ABATEMENT METHODS: NYS Regulations The project shall be filed with the NYS Dept of Labor as required, listing applicable variances to be utilized. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-6 It should be noted that since the Village of Rye Brook is a public entity "in-plant operations" may not be utilized. 1.4 SEQUENCE OF WORK EVENTS: The work shall be conducted according to the following sequence: (1.) REMOVAL OF ANY REMAINING BUILDING CONTENTS. (2) CALGI CONSTRUCTION IS RESPONSIBLE FOR DEACTIVICATION OF ALL UTILITIES (ELECTRICAL, FIRE ALARMS, PHONE WIRES, ETC. (3) CONTRACTOR SHALL MAINTAIN TEMPORARY LIGHTING & POWER 1.5 NOTIFICATION AND LICENSING REQUIREMENTS FOR ASBESTOS ABATEMENT: In addition to compliance with all applicable OSHA, NYS DOL, and federal EPA regulations the following requirements apply: (1.) The Calgi Construction office shall receive a copy of all filings 10 days prior to onset of abatement work. (2.) The Calgi Construction office shall receive a copy of a written work schedule at least 5 days prior to onset of abatement work. (3.) The Contractor shall submit a copy of the Company Health & Safety Plan including a Fall Protection Plan prior to the onset of any abatement work. (4.) The Project Monitor shall fax perimeter air sample results to the Calgi Construction office within 48 hours of sample collection. (5.) The Contractor shall schedule a waste pick-up at the conclusion of each shift; no asbestos waste storage is permitted. (6.) An emergency contact phone/beeper list shall be prepared and posted at the job-site. (7.) Special arrangements are required if any fire alarm system control panels, alarms, or other components may be blocked during the abatement project. 1.6 COORDINATION WITH DEMOLITION WORK: As required by EPA NESHAPS regulations, all friable and non-friable ACM shall be removed from a structure prior to proceeding with demolition work. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-7 (II.) GENERAL PROCEDURES FOR ASBESTOS ABATEMENT 2.1 NEW YORK STATE DEFINITIONS: A. The following definitions shall apply to this project: Abatement: shall mean any and all procedures physically taken to control fiber release from asbestos containing materials. This includes removal, encapsulation, enclosure, and repair. Airlock: shall mean a system for permitting entrance and exit while restricting air movement between a contaminated area and an uncontaminated area. It consists of two curtained doorways separated by a distance of at lease three feet such that one passes through one doorway into the airlock, allowing the doorway sheeting to overlap and close off the opening before proceeding through the second doorway, thereby preventing flow-through contamination. Air Sampling: shall mean the process the measuring the fiber content of a known volume of air collected during a specific period of time. The procedure utilized for asbestos follows NIOSH Method 7400 protocol, or the provisional transmission electron microscopy (TEM) methods which are utilized for lower detection limits and specific fiber identification. Amended Water: shall mean water to which surfactant has been added. Area Air Sampling: shall mean any form of air sampling or monitoring where the sampling device is placed at some stationary location. Asbestos: shall mean any hydrated mineral silicate separable into commercial usable fibers, including but not limited to chrysotile, amosite, crocodile, tremolite, anthophyllite, and actinolite. Asbestos Containing Material (ACM): shall mean asbestos containing material or asbestos contaminated objects requiring disposal. Asbestos Handler Supervisor: shall mean an individual who supervises the handlers during an asbestos project and ensures that proper asbestos abatement procedures as well as individual safety procedures are being adhered to. This individual shall have completed approved training courses and be certified by the NYS DOH. Asbestos Handlinq Certificate: shall mean a certificate issued by the Department to an individual who has satisfactorily completed an approved asbestos safety and health program. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-8 Asbestos Inspection Report: shall mean a report on the condition of a building or structure in relation to the presence and condition of asbestos therein. Asbestos Project: shall mean any form of work performed in connection with the alteration, renovation, modification, or demolition or a building or structure in which friable or asbestos containing material will be disturbed. Authorized Visitor: shall mean the building owner and his/her representative, and any representative, of a regulatory or other agency having jurisdiction over the project. Building Owner: shall mean the person in whom legal title to the premises is vested unless the premises are held in land trust, in which instance Building Owner means the person in whom beneficial title is vested. Clean Room: shall mean an uncontaminated area or room, which is part of the worker decontamination enclosure system with provisions for storage of worker's street clothes and protective equipment. Clearance Air Monitoring: shall mean the employment of aggressive sampling techniques with a volume of air collected in order to determine the airborne concentration of residual fibers and shall be performed as the final abatement activity. Curtained Doorway: shall mean a device, which consists of at least three overlapping sheets of plastic over an existing or temporarily framed doorway. One sheet shall be secured at the top and left side, the second sheet at the top and right side, and the third sheet at the top and left side. All sheets shall have weights attached to the bottom to ensure that the sheets hang straight and maintain a seal over the doorway when not in use. Decontamination Enclosure System: shall mean a series of connected rooms, separated from the work area and from each other by airlocks, for the decontamination of workers, materials, waste containers, and equipment. Department: shall mean the NYS Dept. of Labor. Encapsulant (sealant) or Encapsulating Agent: shall mean liquid material which can be applied to ACM and which temporarily controls the possible release of asbestos fibers from the material either by creating a membrane over the surface (bridging encapsulant) or by penetrating into the material and binding its components together (penetrating encapsulant). This may also by used to seal surfaces from which ACM has been removed. Encapsulation: shall mean the coating or spraying of ACM with a sealant. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-9 Enclosure: shall mean the construction of airtight walls and ceilings between ACM and the facility environment, or around surfaces coated with ACM, or any appropriate procedure as determined by the DOL which prevents the release of asbestos fibers. Equipment Room: shall mean a contaminated area or room, which is part of the worker decontamination enclosure system with provisions for the storage of contaminated clothing and equipment. Fixed Obiect: shall mean a unit of equipment or furniture in the work area, which cannot be removed from the work area. Friable Asbestos Material: shall mean any ACM that can be crumbled, pulverized, or reduced to powder when dry, by hand or other mechanical pressure. HEPA Filter: shall mean a high efficiency particulate air filter capable of trapping and retaining 99.97 percent of particles (asbestos fibers) greater than 0.3 micrometers mass median aerodynamic equivalent diameter. Holding Area: shall mean a chamber in the equipment decontamination enclosure located between the washroom and an uncontaminated area. Homogeneous Work Area: shall mean a portion of the work area, which contains one type of ACM and/or where one type of abatement is used. Large Asbestos Project: shall mean an asbestos project involving the disturbances (e.g. removal, enclosure, encapsulation) of 260 linear feet or more of friable ACM or 160 square feet or more of friable ACM. Maor Violation: shall mean any action, on the job performance or lack of performance, that may place any individual at risk other than the worker who commits the violation. Minor Violation: shall mean any action, on the job performance or lack of performance that may place the worker at risk. Movable Object: shall mean a unit of equipment or furniture in the work area, which can be removed from the work area. Negative Air Pressure Equipment: shall mean a portable local exhaust system equipped with HEPA filtration. The system shall be capable of creating a negative pressure differential between the outside and inside the work area. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-10 NESHAPS: shall mean the National Emission Standards for Hazardous Air Pollutants. Occupied Area: shall mean an area of the worksite where abatement is not taking place and where personnel or occupants normally function or where workers are not required to use personal protective equipment. Personal Air Monitoring: shall mean a method used to determine employees' exposure to airborne fibers. The sample is collected outside the respirator in the worker's breathing zone. Plasticize: shall mean to cover floors and walls with plastic sheeting as herein specified or by using spray plastics as acceptable to the Department. Removal: shall mean the stripping of any ACM from surfaces or components of a facility or taking out structural components in accordance with 40CFR Subparts A and M. Respiratory Protection Standard: shall mean respiratory protection provided to workers in accordance with the Personal Protection Requirements of the Department. Shower Room: shall mean a room between the clean room and equipment room in the worker decontamination enclosure with hot and cold running water controllable at the tap and arranged for complete showering during decontamination. Small Asbestos Protect: shall mean an asbestos project involving the disturbance (eg. removal, enclosure, encapsulation) of more than 25 and less than 260 linear feet of friable ACM or more than 10 or less than 160 square feet of friable ACM. Staging Area: shall mean the work area near the waste transfer airlock where containerized asbestos waste has been placed prior to removal from the work area. Structural Member: shall mean any load supporting member of a facility, such as beams and load supporting walls, or any non-load supporting member, such as ceiling and non-loading supporting walls. Surfactant: shall mean a chemical wetting agent added to the water to improve penetration. Visible Emissions: shall mean visible suspect asbestos containing debris/residue, outside the containment, as determined by the on-site Project Monitor. Wet Cleaning: shall mean the removal of asbestos fibers from building surfaces and objects by using cloths, mops, or other cleaning tools which have been dampened with water. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-11 Work Area: shall mean designated rooms, spaces, or areas of the building or structure where asbestos abatement activities take place. Worker Decontamination Enclosure System: shall mean that portion of a decontamination enclosure system designed for controlled passage of workers, and other individuals and authorized visitors, consisting of a clean room, a shower room, and equipment room separated from each other and from the work area by airlocks and curtained doorways. Work Site: shall mean premises where asbestos abatement activity is taking place, and maybe composed of one or more areas. 2.2 STANDARD OPERATING PROCEDURES: A. The Contractor's standard operating procedure shall include the following: (1.) Tight security from unauthorized entry into the work space. (2.) Proper protective clothing and respirator protection prior to entering the work area from the outside. (3.) Safe work practices in the work place, including provisions for inter-room communications, exclusion of eating, drinking, and smoking, or in any way jeopardizing the respirator protection. (4.) Proper exit practices from the work space to the outside through the showering and decontamination facilities. (5.) Removing asbestos using wet methods only. (6.) Packing, labeling, loading, transporting, and disposing of ACM in a manner that minimizes exposure and contamination. (7.) Emergency evacuation for medical or safety (fire and smoke) so that exposure will be minimized. (8.) Safety precautions for accidents in the work space including but not limited to electrical shocks and fall hazards associated with scaffolding, slippery surfaces, and entanglements in loose hoses and equipment. (9.) Provisions for effective supervision, air monitoring, and personnel monitoring for exposure during the work operation. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-12 B. Provide and Asbestos Handler Supervisor to remain on-site for the duration of the project and to be responsible for the following: (1.) Ensure that individuals are wearing proper personal protective equipment (PPE) and are trained in its use. (2.) Maintain entry log records and ensure that they are recorded in accordance with the provisions of NYS ICR-56. (3.) Surveillance of the work area at a minimum once per shift or as required by NYS ICR-56 to ensure that the workers PPE is not torn or ripped and that respiratory protection is worn at all times. (4.) Ensure that sufficient PPE available on-site. (5.) Take precautions to prevent heat stress from occurring such as reducing the work rate and providing adequate water breaks. 2.3 NOTIFICATIONS, PERMITS, WARNING SIGNS, LABELS, & POSTERS: A. Erect or multilingual (English, Spanish, & language of work crew) warning signs around the work space and at every point of potential entry from the outside and at the main entrance to the building which can be viewed by the public without obstruction, in accordance with OSHA 29 CFR 1926.58 (K). The size of the sign and lettering shall conform to OSHA requirements. B. Provide required labels for all plastic bags and all drums utilized to transport contaminated material to the landfill in accordance with OSHA 29 CFR Parts 171 and 172 of the DOT regulations. C. Provide any other signs, labels, warnings, and posted instructions that are necessary to protect, inform and warn people of the hazard from asbestos exposure. Post in a prominent and convenient place for the workers a copy of the latest applicable regulations for OSHA, EPA, NIOSH, and State of New York and any additional items mandated for posting by the aforementioned regulations. D. The Contractor shall be responsible for furnishing all permits, variances, and notices, required to perform the scope of work. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-13 2.4 EMERGENCY PRECAUTIONS: A. Establish emergency and fire exits from the work area. B. Local medical emergency personnel (Hospital and ambulance) must be identified by the Contractor prior to the onset of abatement work and must be posted in a prominent location. C. The Contractor shall be prepared to administer first aid to injured personnel after decontamination. Seriously injured personnel shall be treated immediately or evacuated without delay for decontamination. When an injury occurs, precautions shall be taken to reduce airborne fiber concentrations (i.e. misting of the air with water) until the injured person has been removed from the work area. " note: if any injury occurs, the Contractor shall notify the Calgi Construction office, and complete an OSHA-200/300 form if required. Failure to notify these parties immediately of all injuries requiring medical attention shall be considered a breach of contract. 2.5 SUBMITTALS DURING THE PROJECT: A. The Contractor shall submit copies of the following items to the Project Monitor's office within five days of completion of the project: (1.) Daily security and safety logs indicating names of person entering work space, date, and time of entry and exit, record of any accident, emergency evacuation, and any other safety and/or health incident. (2.) Progress logs showing the number of workers, supervisors, hours of work, and tasks completed shall submitted daily to the Project Monitor and the Calgi Construction Manager. (3.) The Project Monitor shall submit a floor plan indicating the Contractor's work progress for review. (4.) OSHA/personal air sampling records shall be posted on-site within 24 hours. (5.) Disposal certificates and waste hauler manifests. Contractor will not receive final payment until all waste manifests are received by EH&S office. (6.) Required permits, clearances, and licenses (all worker licenses) (7.) Copy of minutes from weekly safety meeting NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-14 2.6 APPLICABLE STANDARDS: A. Applicable standards include, but are not limited to, the following: 1. Environmental Protection Agency (EPA) Region II Air and Hazardous Materials Division Federal Building, Room 802 26 Federal Plaza New York, NY 10007 2. Occupational Safety & Health Admin. (OSHA) US Dept. of Labor 1515 Broadway/Room 3445 New York, NY 10036 [asbestos, lead, fall protection, electrical, etc.] 3. State of NY Dept. of Environmental Conservation Division of Solid Waste Management 50 Wolf Road Albany, NY 11202 4. NYS Dept. of Labor (DOL) Asbestos Control Program 1 Main Street, Room 811 Brooklyn, NY 11201 5. American National Standards Institute (ANSI) 1430 Broadway New York, NY 10018 B. The Contractor has the responsibility of informing himself and the Calgi Construction fully of the requirements of these agencies and shall satisfy completely these specifications and all referenced regulations, and as amended. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-15 2.7 BUILDING OWNER REP./CONTRACTOR RESPONSIBILITIES: For the purpose of this document the term building owner representative will be synonymous with the Calgi Construction Manager. A. The Contractor, after receiving award notification from the Calgi Construction Manager shall provide notification to all occupants of the work place and immediate adjacent areas of the asbestos project. Information provided in the notification shall include Contractor, project location and size, amount and type of ACM, abatement procedure, dates of expected occurrence and the NYS-DOL telephone number. Postings of this notification shall be in English and Spanish, at eye level, in a conspicuous, well-lit place, at the entrances to the work place and immediate adjacent areas. The notice shall have the heading NOTICE OF ASBESTOS ABATEMENT (minimum size of 1" lettering). Copy of the posting must be on file with EH&S office prior to commencement of work. The notices shall be posted 7 calendar days prior to the start of the project and shall remain posted until clearance air monitoring is satisfactorily concluded. B. All building occupants and staff will vacate the work area C. The Calgi Construction Manager will be responsible for cleaning or disposal of all movable items. D. The Calgi Construction Manager will have person(s) available with access to all areas and knowledge of electrical and air handling equipment. Such personnel shall assist Contractor in case of any power failure or breakdown to shut down air supply systems, to reset and control all protective systems such as alarms, sprinklers, locks, etc. E. During this period the Contractor shall be responsible in all areas affected by his/her operation for: (1.) Fire Watch (2.) Maintaining the existing buildings and utility systems such as plumbing and electrical installations F. Should the failure of any utility occur, the owner and manager will not be responsible to the Contractor for the loss of time or other expenses incurred. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-16 2.8 USE OF BUILDING FACILITIES: A. The owner shall make available to the Contractor, from existing supplies, all reasonably required amounts of water and electrical power for the project. The Contractor is responsible for all utility connections and removals. B. Electric power to all work areas shall be shut down and locked. Safe temporary power and lighting shall be provided by the Contractor in accordance with applicable codes. All power to work areas shall be brought in from outside the area through ground-fault interrupter (GFI) at the source. Stationary electrical equipment within the work area, which must remain in service, shall be adequately enclosed and ventilated. C. The Contractor shall provide, at his own expense, all electrical, water, and waste connection hook-ups, extensions, and construction materials, supplies, etc. At the end of each shift the Contractor shall disconnect all hoses within the work zone and place in equipment room. The Contractor shall insure positive shut-off of all water to the work area during non-working hours. D. The Calgi Construction Manager will designate an existing power box in close proximity to the work area. The Contractor's licensed Electrician shall provide temporary tie-in via cable, outlet boxes, junction boxes, receptacles and lights, all with ground fault interruption. All temporary electrical installation shall be in accordance with OSHA and local regulations. The electric shut down for power panel tie-in will be on off hours and must be coordinated with the Building Engineer. The Contractor shall outline his/her power requirement at the pre-construction meeting. E. Contractor shall provide fire protection in accordance with all local and state fire codes. F. The Contractor shall provide a manometer on-site to demonstrate that the pressure differential of the containment system is 0.02" w.g. or greater. G. Contractor shall supply hot shower water necessary for use in the decontamination unit as required by the applicable regulations. 2.9 USE OF THE PREMISES: A. The Contractor shall confine his apparatus, the storage of materials, and supplies, and the operation of his workmen to limits established by law, ordinances, and the directions of the manager. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-17 B. The Contractor shall assure that no exits from the building are obstructed, that appropriate safety barriers are established to prevent access, and that work areas are kept neat, clean, and safe. C. All surrounding work, fixtures, soil lines, drains, water lines, gas pipes, electrical conduit, wires, utilities, duct work, railings, etc. which is to remain in place shall be carefully protected and, if disturbed or damaged, shall be repaired or replaced as directed by the manager/owner, at no additional cost. 2.10 PROTECTION AND DAMAGE: A. No materials or debris shall be thrown from the roof, windows, or doors of the building. Building waste system shall not be used to remove refuse. B. Debris shall be removed from the work site daily. Premises shall be left neat and clean after each work shift, so that work may proceed the next regular workday without interruption. 2.11 RESPIRATOR PROTECTION REQUIREMENTS: A. Respirator protection shall be worn by all individuals who may be exposed to asbestos fibers from the initiation of the asbestos project until all areas have successfully passed clearance air monitoring in accordance with these regulations. 1. All respirator protection shall be OSHA/NIOSH approved in accordance with the provisions of 30 CFR Part 11. All respirator protection shall be provided by the Contractor, and used by workers in conjunction with the written respirator protection program. 2. The Contractor shall have an approved respirator protection program available for review on-site by regulatory agency inspectors. 3. The Contractor shall provide respirator fit-test and respirator training documentation for each worker on-site. 4. Authorized visitors will only be permitted to enter the work area if they present current respirator fit-test and training documentation as well as written permission from a Physician that the individual is medically capable wearing a respirator. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-18 2.12 PROTECTIVE CLOTHING: A. Provide worker protection as required by the most stringent OSHA and/or EPA standards applicable to the work. Provide all workers, foremen, superintendents and authorized visitors and inspectors protective clothing consisting of full-body coveralls, head covers, gloves, and 18" high boot covers or reusable footwear. 1. Coveralls: provide disposable full-body coveralls and disposable head covers and requires that all workers in the work area wear them. Provide a sufficient number for all required changes for all workers in the work area. 2. Boots: provide work boots with non-skid soles, and where required by OSHA, foot protectives, for all workers. Provide boots at no cost to workers. 3. Hard Hats: provide hard hats for all workers as required by OSHA standards. 4. Goggles: provide eye protection for all workers as required by OSHA standards. 5. Gloves: provide gloves to all workers, of the type dictated by the Work and OSHA standards B. Disposable coveralls shall be discarded as asbestos waste every time the wearer exits the decontamination chamber. C. Respirators, disposable coveralls, headcovers, footcovers, and gloves shall be provided by the Contractor for the authorized representative who may inspect the work area. Provide two respirators and at six respirator filter changes per day. 2.13 PERSONAVOSHA AIR MONITORING (CONTRACTOR): A. The Contractor shall employ a qualified industrial hygiene laboratory to analyze OSHA/personal air samples in accordance with OSHA regulations 1926.58 and 1910.134. B. The laboratory utilized to analyze OSHA/personal samples shall be an active participant in good standing in the AIHA PAT Program and ELAP approved. C. The Contractor shall provide an OSHA Competent Person (as defined by OSHA 1926.58) to perform the following functions on-site continuously for the duration of the project: NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-19 (1.) Monitor the construction and integrity of the containment. (2.) Control entry/exit into the containment. (3.) Insure that all workers are adequately trained in the use of respirator protection and personal protective equipment. (4.) Insure that all workers are using respirator protection and personal protection properly while on-site. (5.) The competent personal shall check for rips and tears in the work suits and insure that they are replace when damaged. D. OSHA/personal air sampling, as defined in OSHA 1926.58, shall be performed by a qualified hygienist/technician on no less than 20% of the work crew. E. Daily (per shift) OSHA/personal air sampling will include personal samples run in the breathing zone of a worker to determine the employee's 8-hour TWA exposure and 30- min. excursion samples to be run during periods of gross removal. F. OSHA/personal air samples shall be run using pumps with a flow rate of 1 to 3 Ipm. Pump calibration documentation must be available on-site. G. Sampling and analysis shall be conducted according to Method NIOSH 7400. H. Air sample results shall be faxed to the EH&S office and posted at the job-site within 24 hours of sample collection. I. All costs for OSHA/personal air sampling shall be borne by the Contractor. J. The Contractor must submit copies all final laboratory reports to the Consultant as soon as they are available. K. The Consultant reserves the right to conduct independent air sampling inside the containment for quality control purposes. 2.14 3RD PARTY AIR MONITORING (Project Monitor): A. The Calgi Construction Manager shall employ the services of an NYS licensed air- monitoring firm to conduct 3rd party asbestos air and project monitoring for the asbestos abatement phase. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-20 B. All air samples collected by the Air Monitor shall be submitted to an AIHA PAT proficient and NYS DOH ELAP approved laboratory for analysis. On-site analysis shall be conducted by the Project Monitor at the discretion of the Calgi Construction Asbestos Coordinator. C. The Air Monitoring/Environmental Consulting firm shall provide a licensed NYS Project Monitor on-site for the duration of the project. D. The Project Monitor shall provide continuous monitoring and inspection to include air sampling according to the protocol described in NYS ICR-56 and EPA NESHAPS regulations to ensure that all areas outside the containment and the ambient air remain free of contamination. E. Inspections will include checking the Contractor's standard operating procedures, engineering control systems, respirator protection and decontamination systems, packaging and disposal of asbestos waste, and other aspects of the project which may affect the health and safety of the building occupants and the environment. F. The Building Owner shall incur the costs associated with the required air sampling and analysis except for OSHA/personal air sampling. Should any additional testing by required due to Contractor error the Contractor will incur the additional cost. G. The air samples will be analyzed by the TEM and/or PCM method according to the protocol described in NYS ICR-56. H. Final clearance air sampling will be conducted by the Project Monitor only after a successful visual inspection. I. Should the final clearance air sample result exceed the 0.01 fibers/cc level required for final clearance the Contractor will be required to re-clean the work area at his/her own expense. The Project Monitor will then repeat final clearance air sampling. The Building Owner is responsible for the cost of the first final clearance test only. The Contractor is responsible for all costs associated with additional sampling until the area meets expectable limits. J. After the work area has achieved final clearance the Contractor may encapsulate the removal substrates and remove the isolation barriers. K. The clearance criteria shall apply to each homogeneous work area independently. L. The Contractor shall cooperate fully will all aspects of the project monitoring operation. M. All parties to this Contract are advised that tampering with testing equipment will be considered to be an attempt at falsifying reports and records to Federal and State agencies. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-21 (III.) PROJECT SPECIFIC ASBESTOS ABATEMENT PROCEDURES 3.1 MATERIAL HANDLING: A. Deliver all materials to the job site in their manufacturer's original container with the manufacturer's intact labels and MSDS sheets. B. Promptly removes damaged materials from the job site. C. The Project Monitor may reject materials and products that do have identification as to manufacturer, grade, quality, and other pertinent information such as MSDS sheets. 3.2 MATERIALS: A. Wetting agent shall be approved for use for asbestos abatement projects. B. Acceptable lock-down sealants to be used following asbestos removal shall meet ASTM Standard E84-84, have a fire rating of Class A, and have Underwriter's Laboratory approval for Class I and be approved for use in asbestos abatement projects. C. Polyethylene sheeting shall be fire retardant with a minimum thickness of 6 mil where the largest size possible is provided to minimize seams. D. Asbestos waste bags shall be 6 mil. thick and clearly marked with warning labels as required by OSHA and EPA. E. Asbestos warning signs to be posted at the perimeter of the work area shall meet OSHA and EPA requirements. F. High quality tape which is formulated to adhere to polyethylene sheeting shall be utilized. G. Spray adhesive in aerosol cans, which is specifically formulated to adhere to polyethylene sheeting, shall be used. H. Spiral reinforced flex duct shall be used for air filtration units. I. Tyvek, Duraguard, or equivalent disposable coveralls shall be used. J. Cloth lagging shall be of fiberglass type and no less than 2 oz. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-22 3.3 TOOLS AND EQUIPMENT: A. Air Filtration Devices (AFD's) shall be equipped with High Efficiency Particulate (HEPA) filter systems and shall be approved for use by and lists with Underwriter's Laboratory. B. Scaffolding shall be designed and constructed in accordance with OSHA 29 CFR 1926/1910, local building codes, and any other applicable regulations. Non-skid surfaces must be provided on all ladders and surfaces subject to foot traffic. Scaffold ends and joints shall be sealed with tape to prevent infiltration of asbestos fibers. C. All vacuum equipment used in the work area shall utilize HEPA filtration systems. D. Electric airless sprayers used for application of encapsulant shall be approved for use. E. Water sprayers shall be airless or other low pressure devices for amended water application. F. Portable showers shall be in good working condition (i.e. not leaking). G. Power air misting devices shall be equipped with GFI's and to operate continuously. H. All hand power tools used in the work area shall be equipped with HEPA-filtered local exhaust ventilation. I. The Contractor shall provide other suitable tools (scrapers, shovels, etc.) for the stripping, removal, encapsulation, and disposal activities associated with the abatement operation. Special tools may be needed for this project to remove the asbestos containing plaster. J. A"type A" fire extinguisher shall be provided by the Contractor. K. The Contractor shall maintain an adequately stocked first aid kit on-site per OSHA regulations. L. Water Service: (L) Temporary Water Service Connection: All connections to the Village of Rye Brook water system shall include back flow protection. After completion of use connections and fittings shall be removed without damage or alteration to existing water piping and equipment. Leaking fittings/valves shall be repaired and/or replaced as required. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-23 (2.) Water Hoses: Use heavy-duty abrasion-resistant hoses with a pressure rating greater than the maximum pressure of the water distribution system to provide water into each work area and to each decon. (3.) Water Heater: Provide UL rated 40 gallon electric water heaters to supply hot water for the personal decontamination shower. Drip pans shall be at least 6" deep and securely fastened to the water heater. M. Electrical Service: (L) Temporary Power: Provide service to decon subpanel with minimum 60 AMP, 2 pole circuit breaker or fused disconnect connected to the building's main distribution panel. Subpanel and disconnect shall be sized and equipped to accommodate all electrical equipment required for the completion of work. (2.) Temporary Lighting: Contractor shall provide adequate lighting to ensure proper workmanship. (3.) Ground Fault Protection: Equip all circuits with ground fault circuit interrupters. Locate panel outside containment. (4.) Wiring: Provide circuits of adequate size and proper characteristics for each use. (5.) Extension Cords: Use only grounded heavy duty extension cords in single lengths. 3.4 PERSONNEL DECONTAMINATION UNIT (DECON): Pursuant to DOH requirements, a minimum of one decontamination enclosure system per level shall be constructed. A. The Contractor shall provide a decontamination unit adjoined to the work area consisting of rooms and airlocks in series as described in NYS FCR-56. Frame construction shall be fire rated 2"x 4" wood studs on 16" centers. Each chamber shall be separated by 3' airlocks to minimize fiber migration from the work area to the ambient air. A personal and waste decon set-up shall be required. B. At the entrance to the clean room the Contractor shall construct plywood doors on hinges which can be locked to prevent entry into the work area when the Contractor is not on- site. Asbestos Hazard signs shall be posted on the doors to the personal and waste decons. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-24 C. The location of the decon must be approved by the Project Monitor if it is to be placed in an occupied area. D. The chambers of the decon unit are the following: (1.) Clean Room: In this room all persons remove street clothes and put on disposable coveralls. Respirators are also stored in this area. No asbestos contaminated boots or other items are permitted in this room. The Contractor shall HEPA-vacuum and wet-wipe the Clean Room at least once per shift. (2.) Shower Room: This area, which is considered to be contaminated, is used for showering after undressing in the Equipment Room. Hot and the Contractor must provide cold water, shampoo, and soap. (3.) Equipment Room: Contaminated tools, boots, and work clothing are left in the Equipment Room, which is considered to be contaminated, before entering the shower. E. Respirator filters shall be removed in the shower and treated and disposed of as contaminated waste. F. There shall be no smoking, eating, or drinking in any contaminated areas (work area, Equipment Room, Shower Room) or anywhere in building. Respirators shall be worn in all contaminated areas. G. Work boots shall remain in the Equipment Room until the completion of the project at which time they may be decontaminated. H. The Contractor shall provide temporary connections for hoses as required for hot and cold shower water. Provisions shall be made to dispose of the shower water as asbestos waste or filter the water to 5 microns and dispose into the sanitary system. Costs for testing of the shower waste water shall be incurred by the Contractor. I. Electric service is required for temporary lighting and heating of the Clean Room and Shower Room. The Contractor shall provide all necessary heaters and other temporary electrical fixtures. In addition the Contractor must provide at least two outlets to be used by the Air Monitor for air sampling equipment. J. For the roofing removal, ACM, and other phases of the project conducted under an ACP- 5/in-plant operation a remote decon shall be conducted on the same level which the asbestos work area is located. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-25 3.5 DECONTAMINATION SEQUENCE: A. All workers and other persons who will enter the work area shall remove street clothes, put on clean coveralls, and respirator in the Clean Room. Workers shall then pass through the showers to the Equipment Room. B. The workers shall then proceed to the work area. C. Before exiting the work area, the worker shall remove all gross contamination and debris from the coveralls. This is accomplished by one worker assisting another in brushing each other off or vacuuming with HEPA filter equipment vacuums approved for asbestos clean-up. D. The worker then proceeds to the Equipment Room and removes all clothing except respiratory protection equipment. Contaminated extra clothing may be placed in a bag for disposal with other material. E. Any additional clothing such as work boots, and equipment shall be left in the Equipment Room. Contractor shall provide workers with additional warm garments as required by climatic conditions. These must be treated as contaminated clothing and left in the Equipment Room and disposed of at the end of the project. F. The worker then proceeds immediately into the Shower Room. Respirator protection equipment shall be removed after the worker has completely showered to prevent inhalation of fibers. G. After showering, the worker moves proceeds to the Clean Room and dresses in either new coveralls for another entry or street clothes if exiting. H. Everyone entering the work area must follow this procedure completely every time he/she enters and exits the work area. I. The Contractor, in order to prevent contamination of the environment, shall be responsible for controlling access at the work site and shall maintain a daily log of personnel entering the work area. A list of names of workers shall be posted with their start and stop times for each day. J. The worker decontamination enclosure system shall be wet cleaned/HEPA vacuumed at least once after each shift change. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-26 3.6 WASTE DECONTAMINATION FACILITY: A. The waste decon shall be constructed prior to commencement of abatement according to NYS ICR-56 requirements. B. The waste decon shall consist of two totally enclosed chambers according to the following: (1.) The Clean-up Room shall be constructed with an airlock leading to the work area and an airlock leading to the holding area. (2.) The holding area shall be constructed with an airlock leading to the washroom and a lockable door to the outside. C. The waste decon shall be wet wiped and HEPA vacuumed upon completion of waste bag- out. 3.7 MAINTENANCE OF DECONTAMINATION ENCLOSURE SYSTEMS & BARRIERS: The following procedures shall be followed during the abatement: A. All isolation barriers shall be inspected for integrity by the Contractor Supervisor at least twice per shift. B. Smoke testing shall be used to evaluate the integrity of the enclosure before removal work begins and at least once per shift. C. Damaged areas of the containment shall be repaired immediately. D. At any time during the abatement, if visible emissions are observed, or elevated asbestos fiber counts outside the work area are measured, or if damage occurs to the isolation barriers, abatement shall stop. The source of contamination shall be identified, the integrity of the barriers shall be restored, and any visible reside shall be cleaned up using HEPA-vacuuming and wet wiping. E. Inspections and observations shall be documented in the daily project log by the Supervisor and Project Monitor. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-27 3.8 HVAC AND ELECTRIC POWER LOCKOUT: A. Prior to the start of any prep work licensed Electricians, Plumbers, and other Tradesman shall: (L) Disable all ventilation systems or other systems bringing air into, exhausting air out of, the work area. De-activate the systems by disconnecting wires, by lockable switch, or by other means to ensure against accidental re-start of the system. (2.) The owner shall deactivate power to the work area by switching off all breakers and switching and locking and tagging-out the entire panel. The Contractor prior to start of work shall verify the electrical lockout. (3.) Lock out power to circuits running through the work area whenever possible by switching off and removing breakers from the panel. If circuits must remain live, the Project Monitor shall notify the Contractor such that a variance from the NYS DOL regulations may be obtained. If circuits must remain live, the Contractor shall protect all conduit and wires and label all active circuits. 3.9 PROCEDURE FOR REMOVAL OF ACM Description of Abatement Operation: The flooring removal work shall be conducted according to the following sequence of events: (1.) Restrict area and post asbestos hazard signs (2.) Construct worker decon (3.) Seal off all outside openings(isolation/critical barriers) (4.) Construct enclosure (5.) Pre-clean work area (6.) Conduct removal of ACM inside tent casing(using manual methods) (T) Bag-out asbestos waste (8.) Conduct 1°,2m,3rd phase cleanings (9.) Conduct final inspection(Omega) (10.) Encapsulate floor (11.) Conduct final clearance air sampling (12.) Dismantle enclosure NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-28 (B.) The Contractor shall post bi-lingual (English/Spanish) signs at all entrances and the perimeter of the work area at intervals of 25 feet or less. The signs shall be posted such that a person may easily read the following: DANGER ASBESTOS CANCER AND LUNG DISEASE HAZARD AUTHORIZED PERSONNEL ONLY RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA (C.) Isolation of the work area heating and ventilation systems shall be carried out first to prevent contamination/fiber migration to other areas of the building. This will involve sealing all outside openings to the various levels hallway (isolation barriers) and covering walls and ceilings with poly. (D.) The clean side of the isolation barriers shall be monitored by the Project Monitor. If at any time the airborne concentrations of fibers exceed 0.01 fibers/cc, the Contractor shall stop all operations and shall be required to clean all areas as directed by the Project Monitor. (E.) All poly sheeting shall be attached to walls, floors, and permanent equipment with high quality duct tape and/or glue and/or mechanical support to protect from water damage and prevent asbestos from settling on walls, floors, and other surfaces. (F.) The Contractor shall detach and clean all removable electrical, heating, and ventilation equipment and other items connected to asbestos surfaces. These items shall be cleaned/decontaminated and returned to their proper place when the project is completed. (G.) The Contractor shall remove all HVAC filters within the work area and dispose of them as asbestos-containing waste. (H.) Removal operations shall not begin until the work area has been inspected and approved by the Project Monitor. (I.) Removal of ACM shall be conducted in small sections by two-person teams. (J.) The wet ACM, which has been removed, shall be immediately packed and sealed into asbestos waste bags. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-29 Waste Bag-out All ACM and ACM-waste shall be properly packaged according to the following: (K.) Workers clean the outside of the bags and equipment in the waste decon washroom using HEPA-vacuuming and wet wiping. The workers shall then place the cleaned bag inside a second bag prior to passing into the clean area. (L.) The bagged waste shall be transported to ground level via the elevator using covered hand cart. (M.) Due to the space limitations on-site the bags must be directly loaded onto the asbestos waste hauling truck. Final Cleaning (N.) After completion of the removal operation all surfaces from which asbestos has been removed (i.e. the concrete sub-floor) shall be cleaned to remove all visible ACM. Power washing is not permitted since it may result in water damage inside the building. (O.) All free water in the work area will be cleaned up. (P.) Plastic sheeting used to protect floors and walls shall be carefully removed and packaged for disposal. 3.10 PROCEDURE FOR SPOT GLOVEBAG REMOVAL WORK: The glovebag with tent removal work shall be conducted according to the following sequence of events: (1.) Restrict area and post asbestos hazard signs (2.) Construct remote worker decon(variance may be required) (3.) Seal off all outside openings(isolation/critical barriers) (4.) Construct enclosure(poly walls,floor,ceiling) (5.) Pre-clean work area (6.) Hang and seal glovebags (7.) Inspect&smoketest glovebags(Consultant) (8.) Conduct removal of ACM inside glovebags (9.) Detach glovebag and bag-out as asbestos waste (10.) Bag-out asbestos waste (11.) Conduct final inspection(Consultant) (12.) Encapsulate pipes NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-30 (13.) Conduct final clearance air sampling (14.) Dismantle tent 3.11 APPLICATION OF LOCKDOWN SEALANT AFTER ASBESTOS REMOVAL: A. At the completion of asbestos removal and before application of lockdown sealant, a visual inspection and air sampling shall be conducted to determine that all removal has been completed. B. The sealant may be applied by a one or two coat system and shall be approved for use. C. The sealant shall be applied by an electric airless spray gun. D. The Project Monitor shall observe the entire clean-up operation. 3.12 REMOVAL AND STORAGE OF CONTAMINATED WASTE: A. All routes through the building to be used for transportation of waste shall be protected to avoid contamination. The waste shall exit the building via the utility tunnel exit. B. All waste shall be transported through the building (in enclosed carts) according to the route specified by the Project Monitor. C. At no time shall random removal of waste from the work area be allowed. D. No material shall be dropped inside the work area. E. The building waste removal system shall not be used by the Contractor. F. The work site and all access routes shall be cleaned daily by the Contractor. G. All ACM shall be packaged and sealed in leak-proof containers according to the following: (I.) The Contractor shall double bag all waste material utilizing 6 mil. polyethylene bags which should not be overfilled. Air inside the bags shall be evacuated with the HEPA-vacuum. The top of the bags shall be twisted and tied in order to achieve a seal. (2.) Contamination material with sharp edges (metal lather, duct work, ceiling grid, etc.) shall be cut to size and placed in plastic lined boxes which are subsequently bagged. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-31 (3) All bags shall be marked with pre-printed labels as prescribed Section 61.150 of the EPA regulations, OSHA regulations, and DOT regulation. H. No asbestos waste bags shall be stored on-site. The Contractor at the conclusion of each shift must schedule a waste pick-up. 3.13 FINAL CLEAN-UP OF WORK AREA: A. The following clean-up operation must be conducted: (1.) AFD's shall continue to operate. All layers of floor and wall poly should be removed from the work area. (2.) Wet wipe all surfaces inside the work area twice. All HVAC units and other stationary objects inside the work area shall be thoroughly cleaned using wet wiping and HEPA-vacuuming. (3.) A complete visual inspection of the work area shall be conducted. (4.) Clearance air monitoring shall be considered satisfactory when every sample is less than 0.01 fibers/cc or less than the background air concentration. (5.) If the test results exceed the clearance limit clean-up and testing shall be repeated until compliance is achieved. (6.) The work area must be free of all visible asbestos dust/residue. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-32 3.14 TRANSPORTATION AND DISPOSAL OF ASBESTOS CONTAMINATED WASTE: A. All ACM, ACM-wastes, and plastic, disposable equipment, and supplies shall be disposed of as contaminated waste in accordance with EPA NESHAPS regulations. B. Each asbestos waste bags shall be labeled individually with Generator ID as required which shall be inspected by the Project Monitor. C. The waste bags will be counted by both the Contractor Supervisor and the Project Monitor. D. Any asbestos waste Hauling Firms sub-contracted must be pre-approved by the Project Monitor and must possess a valid DEC number. E. No backhauling or return trips is permitted. F. The asbestos waste disposal site selected by the Contractor must be pre-approved by the Project Monitor and the Owner. G. Final or progress applications for payments will not be processed unless all hazardous waste manifests generated to date have been received and reviewed by the Project Monitor. 3.15 Routing of AFD Exhaust Hoses: AFD exhaust hoses shall be routed directly to the outside via an operable window or doors. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-33 (IV.) CONSTRUCTION SAFETY REQUIREMENTS 4.1 SUBMITTAL OF COMPANY HEALTH & SAFETY POLICY: At least 5 days prior to the start of work the Contractor shall submit a copy of the Company Health & Safety Policy to the Calgi Construction office for review and approval. A duplicate copy of the policy shall be maintained at the job-site available for review by OSHA Inspectors and other interested parties. 4.2 FALL HAZARD PROTECTION: As part of the general Health & Safety Plan described above, the Contractor shall submit a Fall Hazard Protection Plan which must include the following elements: (l.) use of protective head and foot wear (2.) use of safety lines/harnesses (3.) use and qualifications of fall hazard watch person (4.) description of guardrails used on scaffolding and manlifts (5.) ladder safety(all ladders must be OSHA approved and have inspection stickers displayed) 4.3 CONFINED SPACE MONITORING: As part of the general Health & Safety Plan described above, the Contractor must provide a procedure on addressing confined spaces. 4.4 MSDS SHEETS/CHEMICAL HAZARDS: The Contractor shall maintain a copy of the MSDS sheet for all potentially hazardous substances at the job-site as required by OSHA regulations. The use of regulated solvents such as methylene chloride is strictly prohibited on asbestos projects. 4.5 NOISE AND DUST CONTROL: Noise Control NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-34 The noise level at the perimeter of the work area shall not exceed 85 DbA (OSHA action level for noise) at any time during the project and shall be maintained below 65 DbA (community noise standard) on a continuous basis. If the noise level in the work area exceeds 85 DbA the work crew shall utilize hearing protection. If the noise levels associated with the project continually exceed the levels described above, sound barriers or other suitable engineering controls shall be implemented. Dust Control The Contractor shall not generate a nuisance dust hazard outside the perimeter of the work area. A nuisance hazard is defined as a visible emission of dust which prevents neighboring occupants from engaging in their normal routine. If a nuisance dust hazard is shown to exist additional secondary dust barriers shall be constructed. 4.6 FIRE AND ELECTRICAL SAFETY: Fire Safety The Contractor shall have working fire extinguishers at the job-site available for use. Electrical Safety The Contractor is responsible for verifying that all electrical lines running through the work area are inactive and locked & tagged prior to the start of work. All Contractor electrical equipment shall be equipped with GFIC's as required by OSHA regulations. The Contractor's equipment shall be inspected prior to the onset of work. Any equipment observed to have bare wires or other deficiencies shall be removed from the site immediately. 4.7 INCIDENT REPORTING: In addition to completion of an OSHA-200/300 form the Contractor shall immediately report all accidents, fires, and other incidents to the Calgi Construction office. Failure to notify the above offices of such incidents shall constitute breach of contract. NEW FIRE HOUSE VILLAGE OF RYE BROOK PAGE 02100-36 (V.) FINAL INSPECTION/CERTIFICATION PRIOR TO RE-CONSTRUCTION OF LEVEL 5.1 FINAL WALK-THROUGH/INSPECTION: After the completion of the asbestos abatement work in each work area a final inspection shall be conducted, where the following parties are requested to attend: • Abatement Contractor Representative • Project Monitor • Calgi Construction Manager The above listed parties shall verify that all pipes and other substrates are asbestos free prior to the onset of demolition work. 5.2 PERIODIC INSPECTION OF DEMOLITION DEBRIS: The demolition debris shall be inspected continuously throughout the project for asbestos contamination. 5.3 CONTRACTOR RESPONSIBILITY TO CORRECT DEFICIENCIES• Any ACM discovered in the work areas after the completion of the asbestos abatement phase shall be properly removed by the asbestos Contractor at his/her sole expense under the terms of the original contract (i.e. no change orders). Attachment 2: PROCEDURE FOR ADDRESSING THE PRESENCE OF LEAD BASED PAINT LBP Limited Lead based paint (LBP) was identified in/on the structure, including the following: Representative bulk lead paint sampling and analysis was conducted according to the following. Sample ID Sampling Location Substrate % Lead L-01 Office I"floor Wall paint 0.0110 L-02 Office 15t floor Wood door frame 0.0730 L-03 Office 2 Id floor Window sill 0.0880 L-04 Office exterior Wall eaint 0.0.780 OF MUNNIM! e 7 The contractor shall comply with the "OSHA Lead in Construction Standard" (CFR 1926.62), including the following elements: (1.) Worker exposure monitoring (2.) Lead hazard awareness training (3.) Worker medical monitoring (4.) On-site hand wash station (5.) Compliance with EPA disposal regulations Attachment 3: Procedure See "Survey Report" Since the absences of PCB-Containing light fixtures could not be verified, potential disposal of these items is being addressed as "add alternate" work including generation of a waste manifest. If required,the contractor shall perform the work, including the following: (1.) Provide gloves approve for handling PCB-Containing liquids in addition to other worker PPE (Personal Protection Equipment) (2.) Stage 55-gallon drum(s) for packaging of waste(s) on-site—normally, removal and disposal of entire ballast is more feasible than attempting to drain fluid from each individual ballast on-site. (3.) Schedule drum pick-up by licensed hazardous waste hauler. (4.) Supply copy of returned waste manifest from TSD facility.