LaBella Associates, D.P.C. City of Ithaca January, 2016 Project Cass Park Ice Rink Renovations Phase 2 Roof and Lighting Replacement

Transcription

1

2 TABLE OF CONTENTS: BID DOCUMENTS: Document Name Document Number Pages Table of Contents 1-3 Advertisement for Bids 1 1 Instructions to Bidders Supplemental Instructions to Bidders 3 9 Description of Work 4 11 Bid Non-Collusive Bidding Certificate 6 19 Bidder s Qualification Statement AIA Document A Standard Form of Agreement Between Owner and Contractor A Supplemental Conditions Insurance Requirements Prevailing Wage Rates hod=showit&id= PRC# TECHNICAL SPECIFICATIONS: Document Name Section Number Pages Division 01 General Requirements Summary Multiple Contract Summary Allowances Alternates Substitution Procedures

3 Contract Modification Procedures Payment Procedures Project Management and Coordination RFI Form Construction Progress Documentation Submittal Procedures Temporary Facilities and Controls Product Requirements Execution Construction Waste Management and Disposal Closeout Procedures Operation and Maintenance Data Project Record Documents Demonstration and Training Division 02 Existing Conditions Bird Waste Abatement Asbestos Removal & Disposal Removal and Disposal of PCB-Contaminated Caulk Selective Demolition Division 03 - Concrete Maintenance of Cast-In-Place Concrete Division 05 - Metals Metal Fabrications Division 06 Woods, Plastics and Composites Rough Carpentry

4 Glue-Laminated Construction Division 07 Thermal and Moisture Protection Preparation for Re-Roofing Polymer Modified Cement Waterproofing Polyvinyl-Chloride (PVC) Roofing Roof Specialties Snow Guards Joint Sealants Division 08 Not Used Division 09 - Finishes Exterior Painting Staining and Transparent Finishing Divisions Not Used Division 26 - Electrical Low-Voltage Electrical Power Conductors and Cables Hangers and Supports for Electrical Systems Raceways and Boxes for Electrical Systems Sleeves and Sleeve Seale for Electrical Raceways and Cables Identification For Electrical Systems Wiring Devices LED Interior Lighting

5 LIST OF DRAWINGS: Drawing Title Drawing Number General Cover Sheet Drawing Index, General Notes, Symbols, And Abbreviations G-001 Life Safety Life Safety Plan and Code Review LS-001 Architectural First Floor Demolition And Bird Waste Removal Plan A-011 Roof Demolition Plan and Details A-012 Staging Plan A-100 Roof plan & Details A-111 First Floor Reflected Ceiling Plan A-121 Exterior Elevations A-201 Exterior Elevations A-202 Wall Sections and Details A-301 Pedestal Repair and Details A-302 Electrical Electrical General Notes, Symbols & Abbreviations E-001 First Floor Electrical Demolition Plan E-011 First Floor Lighting Plans E-101 END OF TABLE OF CONTENTS 4

6 Document #1 ADVERTISEMENT FOR BIDS City of Ithaca - Office of the City Controller Department of Public Works 108 East Green Street Ithaca, NY Sealed bids for CASS PARK ICE RINK RENOVATIONS PHASE II, will be received by Scott Andrew at the Office of the City Controller of the City of Ithaca, 108 East Green Street, Ithaca, NY until 3:00 PM, Thursday February 11, 2016 and then at said office publicly opened and read aloud. This is a multi-prime contract project that will consist of all work associated with the General Construction Contract No. 1 Electrical Construction Contract No. 2. There will be a pre-bid meeting at 1:30 pm on Thursday January 28, 2016 at the Cass Park Ice Rink. The BID PACKAGE, consisting of the Advertisement for Bids, Instructions to Bidders, BID, Agreement, Supplemental Conditions, Bond Information, Drawings, Specifications, and Addenda may be downloaded / printed from the City s Website at: All questions for clarification must be submitted in writing via to the Architect of Record by no later than the end of day on Thursday February 4, Questions may be directed to: bids@cityofithaca.org Bidders attention is directed to the Bidders qualifications requirement of this contract. A completed bid form, as well as required submittals, including Non-collusion Certification, Iran Divestment Act Certification, and Bidders Qualification Statement must be submitted with the Bid proposal. The Owner reserves the right to reject any or all bids and to waive any formality or technicality in any bid in the interest of the Owner. Documents may be examined on the City s Website or at the following location: City of Ithaca, Engineering Office, 108 E. Green Street, Ithaca, NY The City of Ithaca has been and will continue to be an equal opportunity organization. All qualified Minority and Women-Owned Business Enterprise (MWBE) suppliers, contractors and/or businesses will be afforded equal opportunity without discrimination because of race, religion, national origin, sex, age, disability, sexual preference or Vietnam Era Veterans status. Date Michael J. Thorne, P.E., Supt. of Public Works 1

7 This page left blank. 2

8 Document #2 INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS Terms used in these Instructions to Bidders have the meanings assigned to them in the General Conditions (AIA Document A ). The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement for Bids, Instruction to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum stated in the Advertisement for Bids, may be obtained from the Office of the City Controller. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the work, each Bidder must be prepared to submit within five days of Owner's request written evidence, such as financial data, previous experience, present commitments and other such data as may be called for below (or in the Supplementary Instructions). Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualifications prior to award of the contract. The enclosed Bidder's Qualification Statement Document shall be completed and submitted with the Bid. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents and (f) be familiar with all Public Utility Requirements. 4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, neither the Owner or the Engineer assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 3

9 4.3 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.4 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such exploration. 4.6 The lands upon which the Work is to be performed, right-of-way and easements for access thereto and other lands designated for use by contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. 5. INTERPRETATIONS AND ADDENDA 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Architect. Interpretations or clarifications considered necessary by Architect in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Architect as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner and Architect. 6. BID SECURITY Bid security shall be required for this contract in the form of a Bid Bond or certified check in the amount of five percent (5%) of the Bidder s maximum Bid price payable to the Owner. No bidder shall withdraw any bid within forty-five (45) days after the date of bid opening. 7. CONTRACT TIME Time is of the essence. The date for substantial completion of the work shall be 90 Ninety Consecutive Calendar Days from the date of the NOTICE TO PROCEED. The Work shall be ready for final payment in accordance with paragraph 9.10 of the General Conditions within 150 One Hundred Fifty Consecutive Calendar Days from the date of the NOTICE TO PROCEED. 4

10 8. LIQUIDATED DAMAGES Liquidated damages in the sum of THREE HUNDRED DOLLARS ($300) per calendar day past the date of substantial completion, as well as past the date by which the work shall be ready for final payment, will be assessed as provided in Article 3.2 of the Agreement. 9. SUBSTITUTE OR "OR-EQUAL" ITEMS The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute of "orequal" item of material or equipment. Application for acceptance of a substitute "or-equal" may be furnished to the Architect for consideration after the Effective Date of the Agreement. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven days after the Bid opening submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. If Owner or Architect, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest bidder that proposes to use acceptable Subcontractor, Supplier, and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Architect subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph of the General Conditions No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 11. BID FORM 11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from the issuing office All blanks on the Bid Form must be completed in ink or by typewriter Bids by corporations must be executed in the corporate name by the president or a vicepresident (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 5

11 11.5 All names must be typed or printed below the signature The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form) The name, address and telephone number of a person responsible for communications regarding the Bid must be shown. 12. SUBMISSION OF BIDS Bids shall be submitted at the time and place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. OPENING OF BIDS Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE All bids will remain subject to acceptance for forty-five days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 16. AWARD OF CONTRACT 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 6

12 16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within forty-five days after the day of the Bid opening. 17. CONTRACT SECURITY A Performance Bond and Payment Bond, each in the amount of one hundred percent (100%) of the Contract Price, with a corporate surety approved by the owner, will be required for the faithful performance of the contract. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds, insurance certificates and corporate authorization to sign the contract. 18. SIGNING OF AGREEMENT When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the agreement with all other written Contract Documents attached. Within ten days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to the Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. SALES AND USE TAXES The City of Ithaca is exempt from Federal, State and local taxes. A Tax Exempt Form will be issued by the Owner upon execution of the Contract. 20. RETAINAGE Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Supplemental Conditions. 21. EQUAL OPPORTUNITY CLAUSE The Contractor shall not discriminate against any employee, applicant for employment subcontractor, supplier of materials or services or program participant because of actual or perceived age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sex; sexual orientation; socioeconomic status; or weight. 7

13 23. NON-COLLUSIVE CERTIFICATION Bids shall be accompanied by the Non-Collusive Certification included as Document No page. on 24. PREVAILING WAGES This is a prevailing wage rate project. Bidder attention is directed to the Supplemental General Conditions section on page.. A certified payroll is required in this contract. 25. PROOF OF WORKER S COMPENSATION AND DISABILITY COVERAGE When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by certification of exemption from or participation in Worker s Compensation and Disability insurance on the NYS forms specified under Insurance Requirements. 8

14 Document # 3 SUPPLEMENTAL INSTRUCTIONS TO BIDDERS 1. The Bidder shall be responsible to check the City s Project, Bids and RFP s webpage to review any addenda issued for this project. The Bidder shall confirm that all Addenda have been reviewed on Page 17, Sub-paragraph 3.a. of the Bid Form. 2. The Owner will conduct an on-site pre-bid meeting at 1:30 pm on Thursday January 28, Attendance is recommended however it is not a condition of eligibility to bid. 3. The Owner shall obtain a City of Ithaca Building Permit. All other permit requirements shall be assumed by the Contractor. 4. The Contractor shall normally engage in the work as outlined on the drawings and specifications or shall sub-contract portions of the work to a contractor normally engaging in such work. 5. All Electrical work shall be performed by a Licensed Electrician certified to work within the City Of Ithaca by the City s Building Department. 6. Welding Permit from the Ithaca Fire Department is required if cutting or welding. 7. Bidder must submit the following with the Bid Form: Non-collusive Bidding Certification; Iran Divestment Act Certification; and Bidder s Qualification Statement. The documents are included with the Bidding Documents and are conditions on the Bid. 8. The City is not responsible for scheduling the work nor any delays caused by the scheduling or lack of scheduling of the work. 9. It shall be the Bidder s responsibility to field verify that site conditions are satisfactory to proceed with the foundation installation. 10. It shall be the responsibility of the Bidder to report any non-conformity with the Contract Documents to the Project Engineer/Manager. 9

15 DESCRIPTION OF THE WORK Document #4 General Construction: Work under the contract for general construction includes, but is not limited to, providing all materials, labor and equipment required to perform, Set-Up and Staging, Bird Waste Removal, Selective Demolition and Preparation for Re-Roofing, and New Roofing Work as per the Contract Documents and Drawings provided by LaBella Associates, D.P.C., 202 The Commons, Suite 304, Ithaca, New York Electrical Construction: Work under this contract shall include all materials, labor and equipment Selective Electrical Demolition and New Electrical Work as per the Contract Documents and Drawings provided by LaBella Associates, D.P.C., 202 The Commons, Suite 304, Ithaca, New York

16 This page blank. 11

17 Document #5 BID PROJECT IDENTIFICATION: THIS BID IS SUBMITTED TO: City of Ithaca Department of Public Works City of Ithaca Dept. of Public Works 108 East Green Street Ithaca, New York The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement For Bids and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for forty-five days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: a. BIDDER has examined copies of all the Bidding Documents and of the following addenda (receipt of all which is hereby acknowledged): Date Number b. BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. BIDDER has given Architect written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Architect is acceptable to BIDDER. d. This Bid is genuine and not made in the interest of or on behalf of any disclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. e. Certification required by Laws and Regulations: - Non-collusive Bidding - Compliance with Iran Divestment Act 4. BIDDER agrees that the date for substantial completion of the work shall be 90 consecutive calendar days from the date of the NOTICE TO PROCEED. The Work shall be ready for final payment in accordance with paragraph 9.10 of the General Conditions within 150 days of the NOTICE TO PROCEED. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 12

18 5. The Bidder for GENERAL CONSTRUCTION - CONTRACT NO. 1 proposes to furnish all labor, materials, and equipment necessary to complete the work on, or before the dates specified in the Contract Documents for the BASE BID sum of: (Words) Dollars ( ) (Figures) Show amount of BASE BID in both words and figures; in case of discrepancy between the words and figures shown, the amount shown in words will govern. NOTE: In case of a discrepancy between the prices written in words and price in the figures, the price written in words shall govern. ALTERNATE #A-1 Roof Extension Add Dollars ( ) (Words) (Figures) ALTERNATE #A-2 Re-Stain Existing Wood Glue-Lam Arches and Purlins Add Dollars ( ) (Words) (Figures) The following documents are attached to and made a condition of this Bid: a. A tabulation of Subcontractors, Suppliers and other persons and organizations required to be identified in this Bid. b. Required BIDDER'S Qualification Statement with supporting data c. Non-Collusion Certificate d. Iran Divestment Act Certificate 6. Communications concerning this Bid shall be addressed to: The address of BIDDER indicated below: Telephone: The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions 13

19 7. If BIDDER is: An Individual by (Individual's Name) doing business as (Seal) Business Address: Telephone: A Partnership by (Firm Name) (Seal) (General Partner) Business Address: Telephone: A Corporation by (Corporation Name) (Seal) (State of Incorporation) by (Name of Person Authorized to Sign) (Title) (Corporate Seal) Attest (Secretary) Business Address: A Joint Venture Telephone: by (Name) (Address) by (Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). 14

20 5. The Bidder for ELECTRICAL CONSTRUCTION CONTRACT NO 2 proposes to furnish all labor, materials, and equipment necessary to complete the work on, or before the dates specified in the Contract Documents for the BASE BID sum of: (Words) Dollars ( ) (Figures) Show amount of BASE BID in both words and figures; in case of discrepancy between the words and figures shown, the amount shown in words will govern. NOTE: In case of a discrepancy between the prices written in words and price in the figures, the price written in words shall govern. ALTERNATE #E-1 Color LED Lighting and Controller Add Dollars ( ) (Words) (Figures) ALTERNATE #E-2 Add 2 New Omni-Directional Speakers Add Dollars ( ) (Words) (Figures) The following documents are attached to and made a condition of this Bid: a. A tabulation of Subcontractors, Suppliers and other persons and organizations required to be identified in this Bid. b. Required BIDDER'S Qualification Statement with supporting data c. Non-Collusion Certificate d. Iran Divestment Act Certificate 6. Communications concerning this Bid shall be addressed to: The address of BIDDER indicated below: Telephone: The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. 15

21 7. If BIDDER is: An Individual by (Individual's Name) doing business as (Seal) Business Address: Telephone: A Partnership by (Firm Name) (Seal) (General Partner) Business Address: Telephone: A Corporation by (Corporation Name) (Seal) (State of Incorporation) by (Name of Person Authorized to Sign) (Title) (Corporate Seal) Attest (Secretary) Business Address: A Joint Venture Telephone: by (Name) (Address) by (Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). 16

22 Document #6 NON-COLLUSIVE BIDDING CERTIFICATION Required by section 103-d of the General Municipal Law By submission of this bid or proposal, the bidder certifies that: (a) this bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor; (b) this bid or proposal has not been knowingly disclosed, prior to the opening of bids or proposal; (c) no attempt has been or will be made to induce any other persons, partnership or corporation to submit or not to submit a bid or proposal; (d) the person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statement contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder as well as the person signing in its behalf; (e) that attached hereto (if a corporate bidder) is certified copy of resolution authorizing the execution of this certificate by the signatory of this bid or proposal in behalf of the corporate bidder. (Signature of Individual Signing Bid) Resolved that (Signature of Individual Signing Bid) be authorized to sign and submit the bid or proposal of this corporation for the following project: (Description of Project) and to include in such bid or proposal the certificate as to non-collusion required by section 103-d of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate this corporate bidder shall be liable under the penalties of perjury. ************************* The foregoing is a true and correct copy of the resolution adopted by corporation at a meeting of its board of directors held on the day of, 20. (Seal of the Corporation) (Secretary) 17

23 This page left blank. 18

24 Document # 7 BIDDER'S QUALIFICATION STATEMENT The undersigned Bidder guarantees the accuracy of all statements made herein. Please print in ink or type in the spaces provided. This statement of Bidder's qualifications is required of all Bidders as part of their Bid and is in partial fulfillment of requirements of the Institutions to Bidders. Additional data on Bidder's qualifications may be required from selected Bidders after the Bid opening. 1. List equipment that you plan to rent or purchase for this work and specify whether rent or purchase. If none, so state. 2. List equipment that you own that is available for this work. 3. How many years has your firm been in business as a contractor? years 4. Is your firm qualified to do business in the state where the project is located? YES NO. If NO, by signing this Qualification Statement at the end, you are agreeing to obtain such qualification prior to award of contract within fourteen days of Owner's request. 5. List up to three (3) projects that are of the same or related nature to the one now being bid that you have completed in the last ten (10) years. For each project, list the name, address, and telephone number of the Owner and/or the Engineer/Architect, the original bid price, the completion date, and the completed contract price. 6. List projects presently under construction by your firm, the dollar volume of the contract, the percentage complete of the contract, and the name and telephone number of the Owner and/or Engineer/Architect. 19

25 7. Have you ever failed to complete a contract awarded to you? YES NO If YES, state where and why. 8. Give the name, address, and telephone number of an individual who represents each of the following and whom the Owner may contact to investigate your financial responsibility: a surety, a bank, and a major material supplier. Upon request, I agree to expand the foregoing statements. (Name of Bidder) By: (Signature) (Individual's Name & Title) 20

26 TM Document A Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the in the year (In words, indicate day, month and year.) day of BETWEEN the Owner: (Name, legal status, address and other information) and the Contractor: (Name, legal status, address and other information) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A , General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. for the following Project: (Name, location and detailed description) The Architect: (Name, legal status, address and other information) The Owner and Contractor agree as follows. Init. / AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, The American Institute of Architects legal counsel, copyright@aia.org. 1

27 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which 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 a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement 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.) If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner s time requirement shall be as follows: 3.2 The Contract Time shall be measured from the date of commencement. Init. / AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, The American Institute of Architects legal counsel, copyright@aia.org. 2

28 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Portion of the Work Substantial Completion Date, subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor s performance of the Contract. The Contract Sum shall be Dollars ($ ), subject to additions and deductions 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. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price ($0.00) Init. / AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, The American Institute of Architects legal counsel, copyright@aia.org. 3

29 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the 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 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ( ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) Each Application for Payment shall be based on the most recent 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. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor s Applications for Payment Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:.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 Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section of AIA Document A , General Conditions of the Contract for Construction;.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 percent ( %);.3 Subtract the aggregate of previous payments made by the Owner; and.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A The progress payment amount determined in accordance with Section shall be further modified under the following circumstances:.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section of AIA Document A requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.).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 Section of AIA Document A Init. / AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, The American Institute of Architects legal counsel, copyright@aia.org. 4

30 5.1.8 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 Sections and above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) Except with the Owner s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 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 Contractor has fully performed the Contract except for the Contractor s responsibility to correct Work as provided in Section of AIA Document A , and to satisfy other requirements, if any, which extend beyond final payment; and.2 a final Certificate for Payment has been issued by the Architect The Owner s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect s final Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A , unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A , the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) Arbitration pursuant to Section 15.4 of AIA Document A Litigation in a court of competent jurisdiction Other: (Specify) Init. / AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, The American Institute of Architects legal counsel, copyright@aia.org. 5

31 ARTICLE 7 TERMINATION OR SUSPENSION 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A The Work may be suspended by the Owner as provided in Article 14 of AIA Document A ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of AIA Document A or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 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.) 8.3 The Owner s representative: (Name, address and other information) 8.4 The Contractor s representative: (Name, address and other information) 8.5 Neither the Owner s nor the Contractor s representative shall be changed without ten days written notice to the other party. 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below The Agreement is this executed AIA Document A , Standard Form of Agreement Between Owner and Contractor The General Conditions are AIA Document A , General Conditions of the Contract for Construction The Supplementary and other Conditions of the Contract: Document Title Date Pages Init. / AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, The American Institute of Architects legal counsel, copyright@aia.org. 6

32 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date The Addenda, if any: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article Additional documents, if any, forming part of the Contract Documents:.1 AIA Document E , Digital Data Protocol Exhibit, if completed by the parties, or the following:.2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A provides 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.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A ) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Init. / AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, The American Institute of Architects legal counsel, copyright@aia.org. 7

33 This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) (Printed name and title) (Printed name and title) CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. Init. / AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, The American Institute of Architects legal counsel, copyright@aia.org. 8

34 SUPPLEMENTAL GENERAL CONDITIONS Document 8 These Supplemental Conditions amend or supplement the General Conditions, AIA Document and other provisions of the Contract Documents. All provisions which are not so amended or supplemented remain in full force or effect. DELETE Paragraph in its entirety. REPLACE WITH: The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, General Conditions of the Contract (General, Supplementary and other Conditions), Advertisement or Invitation to Bids, Instructions to Bidders, Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor s bid or proposal, or portions of Addenda relating to bidding requirements. DELETE Paragraph in its entirety. Amend Add: The Owner s Authorized Representative shall be designated by the Superintendent of Public Works. Amend Delete as written; substitute the following: The Owner, upon reasonable written request and explanation, shall furnish to the Contractor, surveys describing the physical characteristics and the legal limitations for the site of the Project, and a legal description of the site to the extent that such information is available and bears upon the work. The Contractor shall be responsible for contacting any and all entities which may have underground, surface or aboveground utilities on the site. Add Whenever the drawings show existing or other construction, it is understood that it is so shown as a matter of information and that the Owner and Architect, while believing such information to be substantially correct, assume no responsibility therefore. The Contractor shall become familiar with all conditions affecting the nature and manner of conducting the Work. Add Where equipment lines or piping and/or conduit are shown diagrammatically, the Contractor shall be responsible for the coordination and orderly arrangement of the various lines of exposed piping and conduit included in the Work of this contract. Contractor shall coordinate the work of several Subcontractors and prevent all interference between equipment, lines of piping, architectural features and avoid any unsightly arrangements in the exposed work. Add The Owner shall pay utility costs at the Project site including water, gas and electric, for work inside the building. The Contractor shall be responsible for providing and 23

35 LaBella Associates, D.P.C. City of Ithaca December, 2015 removing connections to existing utilities used to complete the work including all cutting and patching. Add Substitute the following: The City of Ithaca is exempt from Federal, State and local taxes. A Tax Exempt Form will be issued by the Owner upon execution of the Contract. Amend 3.18 Delete (other than the Work itself). Amend Delete in its entirety; Substitute the following: The Owner shall designate an architect or engineer lawfully licensed to practice architecture or engineering or an entity lawfully practicing architecture or engineering in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term Architect shall include the Architect s authorized representative. Add To the total of the costs listed for any of the above Items 1 through 5 there shall be added a maximum fee of fifteen percent (15%) of the costs for overhead and profit. Add All contractors shall cooperate with the Owner, Architect, Engineer and other Contractors on the project, making every reasonable effort to reduce the contract time. Add An extension of time, if requested by the Contractor, shall only be considered after the Contractor has made reasonable effort to recover the lost time. Add The Schedule of Values and the Applications for Payment shall be prepared by the Contractor using AIA forms G702 and G703, Application and Certification for Payment. The Schedule of Values shall be submitted to the Architect for approval a minimum of fifteen (15) days before the first application of payment. Profit and general office overhead shall be included in each item. Amend Change ten days to twenty days Add Each Application and Certification for Payment shall be accompanied by one copy of the Progress Schedule, revised to the end of the application period. Add Subject to the Owner s approval, Architect shall establish a uniform cut-off date for each month to determine the dollar value of the completed work and the amount of payment due Contractor for the Contractor s operations during the previous 30 days. After receipt of the Certificate for Payment from the Architect, the Owner shall either request reconsideration of Certificate in accordance with Article 9.5 within ten (10) days or pay the Contractor within 60 days. DELETE Paragraph 9.7 in its entirety. 24

36 LaBella Associates, D.P.C. City of Ithaca December, 2015 Add 9.7 Decision to Withhold Payment The Owner may refuse to make payment of the full amount recommended by the Architect because: the work is defective, or completed work has been damaged requiring correction or replacement, the Contract Price has been reduced by written amendment or Change Order, the Owner has been required to correct defective work or complete work in accordance with paragraph 12.2, claims have been made against the Owner on account of the Contractor s performance or furnishing of the work, liens have been filed in connection with the work, except where Contractor has delivered a specific bond satisfactory to the Owner to secure the satisfaction and discharge of such liens, there are other items entitling the Owner to a set-off against the amount recommended, the Owner has actual knowledge of the occurrence of any of the events enumerated in subparagraphs through inclusive; but Owner must give Contractor immediate written notice (with a copy to the Architect) stating the reasons for such action and promptly pay the Contractor the amount so withheld, or any adjustment thereto agreed to by the Owner and the Contractor, when the Contractor corrects to the Owner s satisfaction the reasons for such action. Add Final Certificates for Payment will not be issued until all labor and materials required under the contract have been furnished and completed and all accounts for extra work, materials and allowances for omissions having been rendered, audited and agreed to. Add Neither the Final Payment nor the remaining retained percentage shall become due until the Contractor submits to the Architect: 1) Contractor s Affidavit of Payment of Debts and Claim; AIA G706; 2) Contractor s Release or Waiver of Liens; 3) Contractor s Affidavit of Release of Liens, AIA G706A; 4) Consent of surety to Final Payment, AIA G707; 5) Separate releases or waivers of liens for Subcontractors, Suppliers, and others with lien rights against the Owner together with a list of those parties. If any Subcontractor refuses to furnish a release or waiver as required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against any such lien. If any such lien remains unsatisfied after all payments are 25

37 LaBella Associates, D.P.C. City of Ithaca December, 2015 made, the Contractor shall refund to the Owner all money that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorney s fees. Add Neither Final Payment nor the remaining retained percentage shall become due until the Contractor submits to the Architect a written warranty attesting that all work and materials included under this contract are guaranteed against all defects not due to ordinary wear and use for a period of at least one (1) year from the Date of Substantial Completion. This warranty shall not supersede nor change more stringent requirements of specific warranties as noted in detailed Specifications. Warranty shall cover repair of any damage caused either directly or indirectly as a result of defective workmanship or materials. Add The Contractor recognizes that the Labor Law of the State of New York and regulations adopted there under place upon both the Owner and the Contractor certain duties and that liability for failure to comply therewith is imposed on both the Owner and the Contractor regardless of their respective fault. The Contractor hereby agrees that as between the Owner and the Contractor, the Contractor is solely responsible for compliance with all such laws and regulations imposed for the protection of persons performing the work. Contractor shall indemnify and hold the Owner harmless of and from any and all liability for violation of such laws and regulations and shall defend any claims and actions which may be brought against the Owner as a result thereof. In the event that the Contractor shall fail or refuse to defend any such claim or action, the Contractor shall be liable to the Owner for all costs of Owner in defending such claim or action and all costs of Owner including attorney s fees in recovering such defense costs from the Contractor. Add Provide and maintain temporary fire protection of the types needed to protect against losses during construction. Comply with recommendations of NFPA Standard 10. Locate fire extinguishers where most effective. Store combustible materials in fire-safe locations. Add Review fire prevention and protection procedures to be followed in the event of fire with employees and subcontractors. Instruct personnel in emergency procedures. Maintain unobstructed access to fire extinguishers, temporary fire protection facilities, stairways and other access and egress routes. Add Provide supervision and minimum one (1) hour trained fire watch in areas of soldering or welding operations, combustion type temporary heating units and similar sources of ignition. Amend In the fourth sentence, add the word reasonable before the word objection. Add The limits of liability for the Insurance required in paragraph of the General Conditions shall provide coverage for not less than the amounts on the attached sample Certificate of Insurance - Construction, ACORD 25-S-7/90. 26

38 LaBella Associates, D.P.C. City of Ithaca December, 2015 Add A Performance Bond and Payment Bond, each in the amount of one hundred percent (100%) of the Contract Price, with a corporate surety approved by the owner, will be required from the Contractor for the faithful performance of the contract. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds. Add These bonds shall remain in effect at least until one year after the date when final payment becomes due. Amend 13.1 Governing Law Substitute the following: Ultimately the Agreement shall be governed by the laws of the State of New York. Notwithstanding any other provision in this Agreement, the ultimate forum for resolution of disputes arising out of this Agreement shall be the Courts of the State of New York. The parties may agree between themselves on alternative forums for the resolution of claims and disputes. Amend Delete the following: upon certification by the Initial Decision Maker that sufficient cause exists to justify such action. Amend Delete: Initial Decision Maker; substitute: Architect. Amend NOTICE OF CLAIMS Delete: Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. ; substitute: Architect. Amend CONTINUING CONTRACT PERFORMANCE Delete: decisions of the Initial Decision Maker. ; substitute: resolution of the claim. Amend INITIAL DECISION Delete: Initial Decision Maker ; substitute: Architect. Amend Delete:. The Architect will serve as the Initial Decision Maker Amend Delete: and the Architect, if the Architect is not serving as the Initial Decision Maker. Amend Delete: subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. ; substitute: shall not preclude either party that may be dissatisfied with the decision from commencing legal or equitable proceedings in the Courts of the State of New York. DELETE Paragraph in its entirety. DELETE Paragraph in its entirety. DELETE 15.3 in its entirety. 27

39 LaBella Associates, D.P.C. City of Ithaca December, 2015 DELETE 15.4 in its entirety. Add 16 Prevailing Wage Rates 15.1 The Contractor shall comply with Prevailing Wage Rates as issued by the State of New York Department of Labor for the location and duration of this project Attached are the rates of wages and supplements determined by the Industrial Commissioner of the State of New York as prevailing in the locality of the site at the time of the Project start. Add 17 The Contractor will not discriminate against any employee, applicant for employment, sub-contractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight. 28

40 LaBella Associates, D.P.C. City of Ithaca December, 2015 CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) PRODUCER INSURED SAMPLE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A COMPANY B COMPANY C COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE GENERAL LIABILITY COMM. GENERAL CLAIMS MADE OCCURRENCE OWNER S & CONTRACTOR S PROTECTION POLICY NUMBER POLICY EFF. DATE POLICY EXP. DATE LIMITS EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $500,000 PREMISES (EA OCCURANCE) MED. EXP. (any one person) $5,000 PERSONAL & ADV. INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS COM AGG $2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS COMBINED SINGLE LIMIT (EA ACCIDENT) BODILY INJURY (per person) BODILY INJURY (per acc.) COMBINED SINGLE LIMIT $1,000,000 NON-OWNED AUTOS EXCESS LIABILITY WORKER S COMPENSATION & EMPLOYERS LIABILITY OTHER UMBRELLA LIABILITY PROPERTY DAMAGE (PER ACCIDENT) EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 STATUTORY LIMITS DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS City of Ithaca is named as additional insured(for contracts less than $250,000 Umbrella Minimum is $1,000,000). CERTIFICATE HOLDER CITY OF ITHACA CITY HALL 108 E. GREEN STREET ITHACA, NY CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITEEN NOTICE TO THE CERTIFICAT HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 29

41 LaBella Associates, D.P.C. City of Ithaca December, 2015 This page left blank. 30

42 Andrew M. Cuomo, Governor Mario J. Musolino, Acting, Commissioner City of Ithaca Alton Ainslie, Architect Labella Associates, PC 202 The Commons Suite 304 Ithaca NY Schedule Year 2015 through 2016 Date Requested 01/12/2016 PRC# Location Project ID# Project Type Cass Park Bird Waste Removal, New Roof, Replace Lighting PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2015 through June All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name & Title of Representative: Phone: (518) Fax: (518) W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY PW 200 PWAsk@labor.state.ny.us

43

44 Introduction General Provisions of Laws Covering Workers on Article 8 Public Work Contracts The Labor Law requires public work contractors and subcontractors to pay laborers, workers, or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and supplements (fringe benefits) in the locality where the work is performed. Responsibilities of the Department of Jurisdiction A Department of Jurisdiction (Contracting Agency) includes a state department, agency, board or commission: a county, city, town or village; a school district, board of education or board of cooperative educational services; a sewer, water, fire, improvement and other district corporation; a public benefit corporation; and a public authority awarding a public work contract. The Department of Jurisdiction (Contracting Agency) awarding a public work contract MUST obtain a Prevailing Rate Schedule listing the hourly rates of wages and supplements due the workers to be employed on a public work project. This schedule may be obtained by completing and forwarding a "Request for wage and Supplement Information" form (PW 39) to the Bureau of Public Work. The Prevailing Rate Schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract. Upon the awarding of the contract, the law requires that the Department of Jurisdiction (Contracting Agency) furnish the following information to the Bureau: the name and address of the contractor, the date the contract was let and the approximate dollar value of the contract. To facilitate compliance with this provision of the Labor Law, a copy of the Department's "Notice of Contract Award" form (PW 16) is provided with the original Prevailing Rate Schedule. The Department of Jurisdiction (Contracting Agency) is required to notify the Bureau of the completion or cancellation of any public work project. The Department's PW 200 form is provided for that purpose. Both the PW 16 and PW 200 forms are available for completion online. Hours No laborer, worker, or mechanic in the employ of a contractor or subcontractor engaged in the performance of any public work project shall be permitted to work more than eight hours in any day or more than five days in any week, except in cases of extraordinary emergency. The contractor and the Department of Jurisdiction (Contracting Agency) may apply to the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular public work project. There are very few exceptions to this rule. Complete information regarding these exceptions is available on the "4 Day / 10 Hour Work Schedule" form (PW 30R). Wages and Supplements The wages and supplements to be paid and/or provided to laborers, workers, and mechanics employed on a public work project shall be not less than those listed in the current Prevailing Rate Schedule for the locality where the work is performed. If a prime contractor on a public work project has not been provided with a Prevailing Rate Schedule, the contractor must notify the Department of Jurisdiction (Contracting Agency) who in turn must request an original Prevailing Rate Schedule form the Bureau of Public Work. Requests may be submitted by: mail to NYSDOL, Bureau of Public Work, State Office Bldg. Campus, Bldg. 12, Rm. 130, Albany, NY 12240; Fax to Bureau of Public Work (518) ; or electronically at the NYSDOL website Upon receiving the original schedule, the Department of Jurisdiction (Contracting Agency) is REQUIRED to provide complete copies to all prime contractors who in turn MUST, by law, provide copies of all applicable county schedules to each subcontractor and obtain from each subcontractor, an affidavit certifying such schedules were received. If the original schedule expired, the contractor may obtain a copy of the new annual determination from the NYSDOL website The Commissioner of Labor makes an annual determination of the prevailing rates. This determination is in effect from July 1st through June 30th of the following year. The annual determination is available on the NYSDOL website Payrolls and Payroll Records Every contractor and subcontractor MUST keep original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. Payrolls must be maintained for at least three (3) years from the project's date of completion. At a minimum, payrolls must show the following information for each person employed on a public work project: Name, Address, Last 4 Digits of Social Security Number, Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid or provided, and Daily and weekly number of hours worked in each classification.

45 Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within thirty (30) days after issuance of its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury. The Department of Jurisdiction (Contracting Agency) shall collect, review for facial validity, and maintain such payrolls. In addition, the Commissioner of Labor may require contractors to furnish, with ten (10) days of a request, payroll records sworn to as their validity and accuracy for public work and private work. Payroll records include, by are not limited to time cards, work description sheets, proof that supplements were provided, cancelled payroll checks and payrolls. Failure to provide the requested information within the allotted ten (10) days will result in the withholding of up to 25% of the contract, not to exceed $100, If the contractor or subcontractor does not maintain a place of business in New York State and the amount of the contract exceeds $25,000.00, payroll records and certifications must be kept on the project worksite. The prime contractor is responsible for any underpayments of prevailing wages or supplements by any subcontractor. All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8, Section 220-a of the Labor Law. All subcontractors engaged by a public work project contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules, shall provide to such contractor a verified statement attesting that the subcontractor has received the Prevailing Rate Schedule and will pay or provide the applicable rates of wages and supplements specified therein. (See NYS Labor Laws, Article 8. Section 220-a). Determination of Prevailing Wage and Supplement Rate Updates Applicable to All Counties The wages and supplements contained in the annual determination become effective July 1st whether or not the new determination has been received by a given contractor. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the public work contractor to use the proper rates. If there is a question on the proper classification to be used, please call the district office located nearest the project. Any errors in the annual determination will be corrected and posted to the NYSDOL website on the first business day of each month. Contractors are responsible for paying these updated rates as well, retroactive to July 1st. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. To the extent possible, the Department posts rates in its possession that cover periods of time beyond the July 1st to June 30th time frame covered by a particular annual determination. Rates that extend beyond that instant time period are informational ONLY and may be updated in future annual determinations that actually cover the then appropriate July 1st to June 30th time period. Withholding of Payments When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract shall be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b and of the Labor Law to so notify the financial officer of the Department of Jurisdiction (Contracting Agency) that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until there is a final determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding is instituted for review of the determination of the Commissioner of Labor. The Department of Jurisdiction (Contracting Agency) shall comply with this order of the Commissioner of Labor or of the court with respect to the release of the funds so withheld. Summary of Notice Posting Requirements The current Prevailing Rate Schedule must be posted in a prominent and accessible place on the site of the public work project. The prevailing wage schedule must be encased in, or constructed of, materials capable of withstanding adverse weather conditions and be titled "PREVAILING RATE OF WAGES" in letters no smaller than two (2) inches by two (2) inches. The "Public Work Project" notice must be posted at the beginning of the performance of every public work contract, on each job site.

46 Every employer providing workers. compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers. Compensation Board in a conspicuous place on the jobsite. Every employer subject to the NYS Human Rights Law must conspicuously post at its offices, places of employment, or employment training centers, notices furnished by the State Division of Human Rights. Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the NYS Department of Labor. Apprentices Employees cannot be paid apprentice rates unless they are individually registered in a program registered with the NYS Commissioner of Labor. The allowable ratio of apprentices to journeyworkers in any craft classification can be no greater than the statewide building trade ratios promulgated by the Department of Labor and included with the Prevailing Rate Schedule. An employee listed on a payroll as an apprentice who is not registered as above or is performing work outside the classification of work for which the apprentice is indentured, must be paid the prevailing journeyworker's wage rate for the classification of work the employee is actually performing. NYSDOL Labor Law, Article 8, Section 220-3, require that only apprentices individually registered with the NYS Department of Labor may be paid apprenticeship rates on a public work project. No other Federal or State Agency of office registers apprentices in New York State. Persons wishing to verify the apprentice registration of any person must do so in writing by mail, to the NYSDOL Office of Employability Development / Apprenticeship Training, State Office Bldg. Campus, Bldg. 12, Albany, NY or by Fax to NYSDOL Apprenticeship Training (518) All requests for verification must include the name and social security number of the person for whom the information is requested. The only conclusive proof of individual apprentice registration is written verification from the NYSDOL Apprenticeship Training Albany Central office. Neither Federal nor State Apprenticeship Training offices outside of Albany can provide conclusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any person is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards, or copies of state forms is not conclusive proof of the registration of any person as an apprentice. Interest and Penalties In the event that an underpayment of wages and/or supplements is found: - Interest shall be assessed at the rate then in effect as prescribed by the Superintendent of Banks pursuant to section 14-a of the Banking Law, per annum from the date of underpayment to the date restitution is made. - A Civil Penalty may also be assessed, not to exceed 25% of the total of wages, supplements, and interest due. Debarment Any contractor or subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded any public work contract or subcontract with any state, municipal corporation or public body for a period of five (5) years when: - Two (2) willful determinations have been rendered against that contractor or subcontractor and/or its successor within any consecutive six (6) year period. - There is any willful determination that involves the falsification of payroll records or the kickback of wages or supplements. Criminal Sanctions Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) may be a felony punishable by fine or imprisonment of up to 15 years, or both. Discrimination No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national origin, sex, disability or marital status. No contractor, subcontractor nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates (NYS Labor Law, Article 8, Section 220-e(a)). No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex, or national origin (NYS Labor Law, Article 8, Section 220- e(b) ).

47 The Human Rights Law also prohibits discrimination in employment because of age, marital status, or religion. There may be deducted from the amount payable to the contractor under the contract a penalty of $50.00 for each calendar day during which such person was discriminated against or intimidated in violation of the provision of the contract (NYS Labor Law, Article 8, Section 220-e(c) ). The contract may be cancelled or terminated by the State or municipality. All monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of the anti-discrimination sections of the contract (NYS Labor Law, Article 8, Section 220-e(d) ). Every employer subject to the New York State Human Rights Law must conspicuously post at its offices, places of employment, or employment training centers notices furnished by the State Division of Human Rights. Workers' Compensation In accordance with Section 142 of the State Finance Law, the contractor shall maintain coverage during the life of the contract for the benefit of such employees as required by the provisions of the New York State Workers' Compensation Law. A contractor who is awarded a public work contract must provide proof of workers' compensation coverage prior to being allowed to begin work. The insurance policy must be issued by a company authorized to provide workers' compensation coverage in New York State. Proof of coverage must be on form C (Certificate of Workers' Compensation Insurance) and must name this agency as a certificate holder. If New York State coverage is added to an existing out-of-state policy, it can only be added to a policy from a company authorized to write workers' compensation coverage in this state. The coverage must be listed under item 3A of the information page. The contractor must maintain proof that subcontractors doing work covered under this contract secured and maintained a workers' compensation policy for all employees working in New York State. Every employer providing worker's compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers' Compensation Board in a conspicuous place on the jobsite. Unemployment Insurance Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the New York State Department of Labor.

48 Andrew M. Cuomo, Governor Mario J. Musolino, Acting, Commissioner City of Ithaca Alton Ainslie, Architect Labella Associates, PC 202 The Commons Suite 304 Ithaca NY Schedule Year 2015 through 2016 Date Requested 01/12/2016 PRC# Location Project ID# Project Type Cass Park Bird Waste Removal, New Roof, Replace Lighting Notice of Contract Award New York State Labor Law, Article 8, Section 220.3a requires that certain information regarding the awarding of public work contracts, be furnished to the Commissioner of Labor. One "Notice of Contract Award" (PW 16, which may be photocopied), MUST be completed for EACH prime contractor on the above referenced project. Upon notifying the successful bidder(s) of this contract, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. Contractor Information All information must be supplied Federal Employer Identification Number: Name: Address: aaa City: State: Zip: Amount of Contract: $ Approximate Starting Date: / / Approximate Completion Date: / / Contract Type: [ ] (01) General Construction [ ] (02) Heating/Ventilation [ ] (03) Electrical [ ] (04) Plumbing [ ] (05) Other : Phone: (518) Fax: (518) W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY PW 16 PWAsk@labor.state.ny.us

49

50 IMPORTANT NOTICE FOR CONTRACTORS & CONTRACTING AGENCIES Social Security Numbers on Certified Payrolls The Department of Labor is cognizant of the concerns of the potential for misuse or inadvertent disclosure of social security numbers. Identity theft is a growing problem and we are sympathetic to contractors concerns with regard to inclusion of this information on payrolls if another identifier will suffice. For these reasons, the substitution of the use of the last four digits of the social security number on certified payrolls submitted to contracting agencies on public work projects is now acceptable to the Department of Labor. NOTE: This change does not affect the Department s ability to request and receive the entire social security number from employers during the course of its public work / prevailing wage investigations.

51 To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND Budget Policy & Reporting Manual B-610 effective date December 7, 2005 Public Work Enforcement Fund 1. Purpose and Scope: This Item describes the Public Work Enforcement Fund (the Fund, PWEF) and its relevance to State agencies and public benefit corporations engaged in construction or reconstruction contracts, maintenance and repair, and announces the recently-enacted increase to the percentage of the dollar value of such contracts that must be deposited into the Fund. This item also describes the roles of the following entities with respect to the Fund: - New York State Department of Labor (DOL), - The Office of the State of Comptroller (OSC), and - State agencies and public benefit corporations. 2. Background and Statutory References: DOL uses the Fund to enforce the State's Labor Law as it relates to contracts for construction or reconstruction, maintenance and repair, as defined in subdivision two of Section 220 of the Labor Law. State agencies and public benefit corporations participating in such contracts are required to make payments to the Fund. Chapter 511 of the Laws of 1995 (as amended by Chapter 513 of the Laws of 1997, Chapter 655 of the Laws of 1999, Chapter 376 of the Laws of 2003 and Chapter 407 of the Laws of 2005) established the Fund. 3. Procedures and Agency Responsibilities: The Fund is supported by transfers and deposits based on the value of contracts for construction and reconstruction, maintenance and repair, as defined in subdivision two of Section 220 of the Labor Law, into which all State agencies and public benefit corporations enter. Chapter 407 of the Laws of 2005 increased the amount required to be provided to this fund to.10 of one-percent of the total cost of each such contract, to be calculated at the time agencies or public benefit corporations enter into a new contract or if a contract is amended. The provisions of this bill became effective August 2, 2005.

52 To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND OSC will report to DOL on all construction-related ("D") contracts approved during the month, including contract amendments, and then DOL will bill agencies the appropriate assessment monthly. An agency may then make a determination if any of the billed contracts are exempt and so note on the bill submitted back to DOL. For any instance where an agency is unsure if a contract is or is not exempt, they can call the Bureau of Public Work at the number noted below for a determination. Payment by check or journal voucher is due to DOL within thirty days from the date of the billing. DOL will verify the amounts and forward them to OSC for processing. For those contracts which are not approved or administered by the Comptroller, monthly reports and payments for deposit into the Public Work Enforcement Fund must be provided to the Administrative Finance Bureau at the DOL within 30 days of the end of each month or on a payment schedule mutually agreed upon with DOL. Reports should contain the following information: - Name and billing address of State agency or public benefit corporation; - State agency or public benefit corporation contact and phone number; - Name and address of contractor receiving the award; - Contract number and effective dates; - Contract amount and PWEF assessment charge (if contract amount has been amended, reflect increase or decrease to original contract and the adjustment in the PWEF charge); and - Brief description of the work to be performed under each contract. Checks and Journal Vouchers, payable to the "New York State Department of Labor" should be sent to: Department of Labor Administrative Finance Bureau-PWEF Unit Building 12, Room 464 State Office Campus Albany, NY Any questions regarding billing should be directed to NYSDOL's Administrative Finance Bureau-PWEF Unit at (518) and any questions regarding Public Work Contracts should be directed to the Bureau of Public Work at (518)

53 Construction Industry Fair Play Act Required Posting For Labor Law Article 25-B 861-d Construction industry employers must post the "Construction Industry Fair Play Act" notice in a prominent and accessible place on the job site. Failure to post the notice can result in penalties of up to $1,500 for a first offense and up to $5,000 for a second offense. The posting is included as part of this wage schedule. Additional copies may be obtained from the NYS DOL website, If you have any questions concerning the Fair Play Act, please call the State Labor Department toll-free at or us at: dol.misclassified@labor.state.ny.us.

54 New York State Department of Labor Required Notice under Article 25-B of the Labor Law ATTENTION ALL EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: YOU ARE COVERED BY THE CONSTRUCTION INDUSTRY FAIR PLAY ACT The law says that you are an employee unless: You are free from direction and control in performing your job AND You perform work that is not part of the usual work done by the business that hired you AND You have an independently established business Your employer cannot consider you to be an independent contractor unless all three of these facts apply to your work. IT IS AGAINST THE LAW FOR AN EMPLOYER TO MISCLASSIFY EMPLOYEES AS INDEPENDENT CONTRACTORS OR PAY EMPLOYEES OFF-THE-BOOKS. Employee rights. If you are an employee: You are entitled to state and federal worker protections such as o unemployment benefits, if unemployed through no fault of your own, able to work, and otherwise qualified o workers compensation benefits for on-the-job injuries o payment for wages earned, minimum wage, and overtime (under certain conditions) o prevailing wages on public work projects o the provisions of the National Labor Relations Act and o a safe work environment It is a violation of this law for employers to retaliate against anyone who asserts their rights under the law. Retaliation subjects an employer to civil penalties, a private lawsuit or both. Independent Contractors: If you are an independent contractor: You must pay all taxes required by New York State and Federal Law. Penalties for paying off-the-books or improperly treating employees as independent contractors: Civil Penalty First Offense: up to $2,500 per employee. Subsequent Offense(s): up to $5,000 per employee. Criminal Penalty First Offense: Misdemeanor - up to 30 days in jail, up to a $25,000 fine and debarment from performing Public Work for up to one year. Subsequent Offense(s): Misdemeanor - up to 60 days in jail, up to a $50,000 fine and debarment from performing Public Work for up to 5 years. If you have questions about your employment status or believe that your employer may have violated your rights and you want to file a complaint, call the Department of Labor at 1(866) or send an to dol.misclassified@labor.state.ny.us. All complaints of fraud and violations are taken seriously and you can remain anonymous. Employer Name: IA 999 (09/10)

55 WORKER NOTIFICATION (Labor Law 220, paragraph a of subdivision 3-a) Effective February 24, 2008 This provision is an addition to the existing prevailing wage rate law, Labor Law 220, paragraph a of subdivision 3-a. It requires contractors and subcontractors to provide written notice to all laborers, workers or mechanics of the prevailing wage rate for their particular job classification on each pay stub*. It also requires contractors and subcontractors to post a notice at the beginning of the performance of every public work contract on each job site that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers or mechanics of their right to contact the Department of Labor if he/she is not receiving the proper prevailing rate of wages and/or supplements for his/her particular job classification. The required notification will be provided with each wage schedule, may be downloaded from our website or made available upon request by contacting the Bureau of Public Work at * In the event that the required information will not fit on the pay stub, an accompanying sheet or attachment of the information will suffice. (11.11)

56 New York State Department of Labor Bureau of Public Work Attention Employees THIS IS A: PUBLIC WORK PROJECT If you are employed on this project as a worker, laborer, or mechanic you are entitled to receive the prevailing wage and supplements rate for the classification at which you are working. Chapter 629 of the Labor Laws of 2007: These wages are set by law and must be posted at the work site. They can also be found at: If you feel that you have not received proper wages or benefits, please call our nearest office.* Albany Binghamton Buffalo Garden City New York City Newburgh (518) (607) (716) (516) (212) (845) Patchogue Rochester Syracuse Utica White Plains (631) (585) (315) (315) (914) * For New York City government agency construction projects, please contact the Office of the NYC Comptroller at (212) , or click on Bureau of Labor Law. Contractor Name: Project Location: PW 101 (10.12)

57

58 OSHA 10-hour Construction Safety and Health Course S1537-A Effective July 18, 2008 This provision is an addition to the existing prevailing wage rate law, Labor Law 220, section 220-h. It requires that on all public work projects of at least $250,000.00, all laborers, workers and mechanics working on the site, be certified as having successfully completed the OSHA 10-hour construction safety and health course. It further requires that the advertised bids and contracts for every public work contract of at least $250,000.00, contain a provision of this requirement. NOTE: The OSHA 10 Legislation only applies to workers on a public work project that are required, under Article 8, to receive the prevailing wage. (03.12) Page 1 of 2

59 Where to find OSHA 10-hour Construction Course 1. NYS Department of Labor website for scheduled outreach training at: 2. OSHA Training Institute Education Centers: Rochester Institute of Technology OSHA Education Center Rochester, NY Donna Winter Fax (585) (866) Ext Atlantic OSHA Training Center UMDNJ School of Public Health Piscataway, NJ Janet Crooks Fax (732) (732) Atlantic OSHA Training Center University at Buffalo Buffalo, New York Joe Syracuse Fax (716) (716) Keene State College Manchester, NH Leslie Singleton (800) List of trainers and training schedules for OSHA outreach training at: (03.12) Page 2 of 2

60 Requirements for OSHA 10 Compliance Chapter 282 of the Laws of 2007, codified as Labor Law 220-h took effect on July 18, The statute provides as follows: The advertised specifications for every contract for public work of $250, or more must contain a provision requiring that every worker employed in the performance of a public work contract shall be certified as having completed an OSHA 10 safety training course. The clear intent of this provision is to require that all employees of public work contractors, required to be paid prevailing rates, receive such training prior to the performing any work on the project. The Bureau will enforce the statute as follows: All contractors and sub contractors must attach a copy of proof of completion of the OSHA 10 course to the first certified payroll submitted to the contracting agency and on each succeeding payroll where any new or additional employee is first listed. Proof of completion may include but is not limited to: Copies of bona fide course completion card (Note: Completion cards do not have an expiration date.) Training roster, attendance record of other documentation from the certified trainer pending the issuance of the card. Other valid proof **A certification by the employer attesting that all employees have completed such a course is not sufficient proof that the course has been completed. Any questions regarding this statute may be directed to the New York State Department of Labor, Bureau of Public Work at Page 1 of 1

61

62 IMPORTANT INFORMATION Regarding Use of Form PW30R Employer Registration for Use of 4 Day / 10 Hour Work Schedule To use the 4 Day / 10 Hour Work Schedule : There MUST be a Dispensation of Hours (PW30) in place on the project AND You MUST register your intent to work 4 / 10 hour days, by completing the PW30R Form. REMEMBER The 4 Day / 10 Hour Work Schedule applies ONLY to Job Classifications and Counties listed on the PW30R Form. Do not write in any additional Classifications or Counties. (Please note : For each Job Classification check the individual wage schedule for specific details regarding their 4/10 hour day posting.) PW30R-Notice (03.11) NYSDOL Bureau of Public Work 1 of 1

63 Instructions for Completing Form PW30R Employer Registration for Use of 4 Day / 10 Hour Work Schedule Before completing Form PW30R check to be sure There is a Dispensation of Hours in place on the project. The 4 Day / 10 Hour Work Schedule applies to the Job Classifications you will be using. The 4 Day / 10 Hour Work Schedule applies to the County / Counties where the work will take place. Instructions (Type or Print legibly): Contractor Information: Enter the Legal Name of the business, FEIN, Street Address, City, State, Zip Code; the Company s Phone and Fax numbers; and the Company s address (if applicable) Enter the Name of a Contact Person for the Company along with their Phone and Fax numbers, and the personal address (if applicable) Project Information: Enter the Prevailing Rate Case number (PRC#) assigned to this project Enter the Project Name / Type (i.e. Smithtown CSD Replacement of HS Roof) Enter the Exact Location of Project (i.e. Smithtown HS, 143 County Route #2, Smithtown,NY; Bldgs. 1 & 2) If you are a Subcontractor, enter the name of the Prime Contractor for which you work On the Checklist of Job Classifications - o Go to pages 2 and 3 of the form o Place a checkmark in the box to the right of the Job Classification you are choosing o Mark all Job Classifications that apply ***Do not write in any additional Classifications or Counties.*** Requestor Information: Enter the name of the person submitting the registration, their title with the company, and the date the registration is filled out Return Completed Form: Mail the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work, SOBC Bldg.12 Rm.130, Albany, NY OR - Fax the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work at (518) PW30R-Instructions (03.11) NYSDOL Bureau of Public Work 1 of 1

64 New York State Department of Labor Bureau of Public Work W. Averell Harriman State Office Campus Building 12 - Room 130 Albany, New York Phone - (518) Fax - (518) Employer Registration for Use of 4 Day / 10 Hour Work Schedule Before completing Form PW30R check to be sure There is a Dispensation of Hours in place on the project. The 4 Day / 10 Hour Work Schedule applies to the Job Classifications you will be using. The 4 Day / 10 Hour Work Schedule applies to the County / Counties where the work will take place. Contractor Information Please Type or Print the Requested Information When completed Mail to NYSDOL Bureau of Public Work, SOBC, Bldg. 12, Rm.130, Albany, NY or- Fax to NYSDOL Bureau of Public Work at (518) Company Name: FEIN: Address: City: State: Zip Code: Phone Number Contact Person: Fax Number: Address: Phone No: Fax No: Project Information Project PRC#: Project Name/Type: Exact Location of Project: (If you are Subcontractor) Prime Contractor Name: Requestor Information Name: County: Job Classification(s) to Work 4/10 Schedule: (Choose all that apply on Job Classification Checklist - Pages 2 & 3) *** Do not write in any additional Classifications or Counties*** Title: Date : PW-30R (07.14) 1 of 7