PROJECT ID: PV490-C

THE CITY OF NEW YORK

DEPARTMENT OF DESIGN AND CONSTRUCTION
DIVISION OF PUBLIC BUILDINGS
30-30 THOMSON AVENUE
LONG ISLAND CITY, NEW YORK 11101-3045
TELEPHONE (718) 391-1000
WEBSITE www.nyc.gov/buildnyc

VOLUME 2 OF 3
PROJECT LABOR AGREEMENT
INFORMATION FOR BIDDERS
CONTRACT
PERFORMANCE AND PAYMENT BONDS
SCHEDULE OF PREVAILING WAGES
GENERAL CONDITIONS
FOR FURNISHING ALL LABOR AND MATERIALS
NECESSARY AND REQUIRED FOR THE PROJECT

Roof Replacement at the Snug Harbor

Cultural Center Building C

LOCATION: 1000 Richmond Terrace

BOROUGH: Staten Island, NY, 10301
CITY OF NEW YORK

CONTRACT NO. 1 GENERAL CONSTRUCTION WORK

DCLA

H3 Architects

Date: June 1, 2020

THE CITY OF NEW YORK
DEPARTMENT OF DESIGN AND CONSTRUCTION
DIVISION OF PUBLIC BUILDINGS
30-30 THOMSON AVENUE
LONG ISLAND CITY, NEW YORK 11101-3045
TELEPHONE (718) 391-1000
WEBSITE www.nyc.gov/buildnyc

VOLUME 2 OF 3
PROJECT LABOR AGREEMENT
INFORMATION FOR BIDDERS
CONTRACT
PERFORMANCE AND PAYMENT BONDS
SCHEDULE OF PREVAILING WAGES
GENERAL CONDITIONS
FOR FURNISHING ALL LABOR AND MATERIALS
NECESSARY AND REQUIRED FOR THE PROJECT
 2020 Citywide Renovation PLA
Notice to Bidders and FAQ

NOTICE TO BIDDERS
This contract is subject to a new
2020 Project Labor Agreement
This contract is subject to the attached Project Labor Agreement (“PLA”)
entered into between the City and the Building and Construction Trades
Council of Greater New York (“BCTC”) affiliated Local Unions. By
submitting a bid, the Contractor agrees that if awarded the Contract the
PLA is binding on the Contractor and all subcontractors of all tiers.

The bidder to be awarded the contract will be required to execute a Letter

of Assent prior to award. The Contractor shall include in any subcontract
a requirement that the subcontractor, and sub-subcontractors of all tiers,
become signatory to and bound to the PLA with respect to the
subcontracted work. The Contractor will also be required to have all
subcontractors of all tiers execute a Letter of Assent prior to such
subcontractors performing any Program Work.

Bidders are advised that the City of New York and City agencies have
entered into multiple PLAs. The terms of each PLA, while similar, are not
identical. Please also note that there are revisions between the 2020
Citywide Renovation PLA attached to this bid and the prior 2015
Citywide Renovation PLA.

All bidders are urged to review the entire 2020 Citywide Renovation PLA
prior to submitting a bid.

To the extent that the terms of the PLA conflict with any other terms of
the invitation for bids, including the Standard Construction Contract, the
terms of the PLA shall govern. For example, the PLA section that
authorizes the scheduling of a four-day week, ten hours per day on straight
time at the commencement of the job, PLA Article 12, Section 1(A),
overrides the Standard Construction Contract’s provision concerning a
five-day work week with a maximum of eight hours in a day, Standard
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2020 Citywide Renovation PLA
Construction Contract Article 37.2.1. Where, however, the invitation for
bids, including the Standard Construction Contract, requires the approval
of the City/Department, the PLA does not supersede or eliminate that
requirement.

This Contract is subject to the apprenticeship requirements of Labor Law

§ 222 and to apprenticeship requirements established by the Department
pursuant to Labor Law § 816-b. Please be advised that the involved trades
have apprenticeship programs that meet the statutory requirements of
Labor Law § 222(e) and the requirements set by the Department pursuant
to Labor Law § 816-b, Contractors and subcontractors who agree to
perform the Work pursuant to the PLA are participating in such
apprenticeship programs within the meaning of Labor Law § 222(e) and
the Department’s directive.

If this Contract is subject to the Minority-Owned and Women-Owned

Business Enterprise (“M/WBE”) program implemented pursuant to New
York City Administrative Code § 6-129, the specific requirements of
M/WBE participation for this Contract are set forth elsewhere in this bid
package. If such requirements are included with this Contract, the City
strongly advises Contractors to read those provisions, as well as PLA
Article 4, Section 4. A list of certified M/WBE firms may be obtained
from the Department of Small Business Services (DSBS) website at
http://mtprawvwsbswtp1-1.nyc.gov/, emailing [email protected], or
by calling the DSBS certification hotline at (212) 513-6311, or by visiting
or writing the DSBS at One Liberty Plaza, 11th Floor, New York, New
York, 10006.

The local collective bargaining agreements (CBAs) that are incorporated

into the PLA as PLA Schedule A Agreements are available from the
Department’s Agency Chief Contract Officer upon the request of any
prospective bidder.

Please note that the “PLA Schedule A” is distinct from the Department’s
Schedule A that is a part of this invitation for bids.

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2020 Citywide Renovation PLA
 2020 Citywide Renovation Project Labor Agreement
Frequently Asked Questions

1. Q. Does a Contractor need to be signatory with the unions in the NYC Building and
Construction Trades Council (“BCTC”) in order to bid on projects under the PLA?

A. No, any contractor may bid by signing and agreeing to the terms of the PLA. The
contractor need not be signatory with these unions by any other labor agreement or for
any other project.

2. Q. Does a Contractor agreeing to the PLA and signing the Letter of Assent create a
labor agreement with these unions outside of the project covered by the PLA?

A. No, the PLA applies only to those projects that the Contractor agrees to perform
under the PLA and makes no labor agreement beyond those projects. Contractors do
not need to sign any additional agreements (e.g., a collective bargaining agreement)
with a union aside from the Letter of Assent to work on a PLA project.

3. Q. Do the provisions of the PLA apply equally to subcontractors as well as

contractors and how does the PLA affect the subcontractors that a bidder may utilize
on the project?

A. Yes, the PLA applies to subcontractors and all subcontractors performing

Program Work must agree to become party to the PLA. Subject to the Agency’s
approval of subcontractors pursuant to Article 17 of the Standard Construction
Contract, a Contractor may use any subcontractor, union or non-union, as long as the
subcontractor signs the Letter of Assent. See PLA Article 2, Section 8.

4. Q. Are bidders required to submit Letters of Assent signed by proposed

subcontractors with their bid in order to be found responsive?

A. No, bidders do not have to submit signed Letters of Assent from their
subcontractors with their bid. However, subcontractors performing Program Work
will be required to sign the Letter of Assent prior to being approved by the
Agency.

5. Q. May a Contractor or subcontractor use any of its existing employees to perform

this work?

A. Generally, labor will be referred to the Contractor from the respective signatory
local unions. However, Contractors and subcontractors may use up to 12% of their
existing, qualifying labor force for this work. Certified M/WBEs for which participation
goals are set pursuant to NYC Administrative Code § 6-129 that are not signatory to any
Schedule A collective bargaining agreements (“CBAs”) may use their existing employees
for the 2nd, 4th, 6th and 8th employee (per trade) needed on the job if their contracts are
valued at or under $2,000,000. Any additional workers will be referred to the Contractor
in accordance with the 12% referral requirements set forth in the PLA. See PLA Article
4, Section 2.

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2020 Citywide Renovation PLA
 6. Q. Must the City set M/WBE participation goals for the particular project or contract
in order for a certified M/WBE to utilize the provisions of PLA Article 4, Section 2(C)?

A. No. PLA Article 4, Section 2(C) specifies what categories of M/WBEs are
eligible to take advantage of this provision (i.e., those M/WBEs for which the City is
authorized to set participation goals under § 6-129). For purposes of Article 4, Section
2(C), it is not necessary for the project to be subject to § 6-129 or for the City to have
actually set participation goals for the particular contract or project. The result is the
same where a project receives State funding and therefore is subject to the requirements
of Article 15-A of the Executive Law.

7. Q. May a Contractor bring in union members from locals that are not signatory
unions?

A. Referrals will be from the respective signatory locals and/or locals listed in
Schedule A of the PLA. Contractors may utilize ‘traveler provisions’ contained in the
local CBAs where such provisions exist and/or in accordance with the provisions of
PLA Article 4, Section 2.

8. Q. Does a non-union employee working under the PLA automatically become a

union member?

A. No, the non-union employee does not automatically become a union member by
working on a project covered by the PLA and nothing in the PLA requires employees to
join a union or pay dues or fees to a union as a condition of working on the covered
project. This Agreement is not, however, intended to supersede independent requirements
in applicable local union agreements as to contractors that are otherwise signatory to
those agreements and as to employees of such employers performing covered work. Non-
union employees will be enrolled in the appropriate benefit plans and earn credit toward
various union benefit programs except in certain circumstances as set forth in the PLA.
See PLA Article 4, Section 6 and Article 11.

9. Q. Are all Contractors and subcontractors working under the PLA, including non-
union Contractors and Contractors signatory to CBAs with locals other than those that
are signatories to the PLA, required to make contributions to designated employee
benefit funds?

A. Except in certain circumstances, as described in the following paragraph,

Contractors and subcontractors working under the PLA will be required to contribute on
behalf of all employees covered by the PLA to established jointly trusteed employee
benefit funds designated in the Schedule A CBAs and required to be paid on public
works under any applicable prevailing wage law. The Agency may withhold from
amounts due the Contractor any amounts required to be paid, but not actually paid into
any such fund by the Contractor or a subcontractor. See PLA Article 11, Section 2.

Non-union Contractors with bona fide private benefit plans that satisfy the requirements
of Labor Law 220 will not be required to pay into union benefit funds for their
employees working pursuant to Article 4, Section 2 (B) and (C) (“Core Employees”)
who are already covered under their bona fide private benefit plans. Supplemental

4
2020 Citywide Renovation PLA
 benefit funds in excess of the annualized value of the private benefit plans will be paid
directly to workers as additional wages in compliance with Labor Law § 220. At the time
of contract award, the Contractor shall make available to the contracting Agency a
complete set of plan documents for each private benefit plan into which contributions
will be made and/or coverage provided. The Contractor shall also provide certification
from a certified public accountant as to the annualized hourly value of such benefits
consistent with the requirements of Labor Law § 220. See PLA Article 11, Section 2.

10. Q. When do Core Employees become eligible for union benefits?

A. Union benefit plans have their own plan documents that determine eligibility and
workers will become eligible for certain benefits at different points in time. Contractors
who will have Core Employees should speak with the respective union(s) as to benefit
eligibility thresholds. Employees that may remain unaffiliated with any local union at
the completion of their employment may apply for any distributions to which they may
be entitled from the funds in accordance with the applicable rules and governing
documents of the unions and the employee benefit funds.

11. Q. What happens if a Contractor or subcontractor fails to make a required payment to

a designated employee benefit fund?

A. The PLA sets forth a process for unions to address a Contractor or a

subcontractor’s failure to make required payments. The process includes potentially the
direct payment by the City to the benefit fund of monies owed and the corresponding
withholding of payments to the Contractor. See PLA Article 11, Section 2.

Upon notification by a union or fringe benefit fund that a Contractor is delinquent in its
payment of benefits and a determination by the Agency that the union or fund has
submitted appropriate documentation of such delinquency, the Agency will thereafter
require the Contractor to submit cancelled checks or other equivalent proof of payment of
benefit contributions with certified payroll reports for work covered by this PLA on
which the Contractor is engaged.

The City strongly advises Contractors to read these provisions carefully and to
include appropriate provisions in subcontracts addressing these possibilities.

12. Q. Does signing on to the PLA satisfy the Apprenticeship Requirements established
for this bid?
A. Yes. By agreeing to perform the Work subject to the PLA, the bidder
demonstrates compliance with the apprenticeship requirements imposed by this Invitation
for Bids.

13. Q. Who decides on the number of workers needed?

A. Except as expressly limited by a specific provision of the PLA, a Contractor

retains full and exclusive authority for the management of their operations, including the
determination as to the number of employees to be hired and the qualifications therefore
and the promotion, transfer, and layoff of its employees. See PLA Article 6, Section 1.

5
2020 Citywide Renovation PLA
 14. Q. What happens if a union does not provide a worker within 48 hours from the
request (Saturdays, Sundays, and holidays excepted)?

A. In the event that a Local Union does not fill any request for qualified employees
within a 48-hour period after such requisition is made by a Contractor (Saturdays,
Sundays and holidays excepted), a Contractor may employ qualified applicants from any
other available source.

15. Q. May a Contractor discharge a union referral for lack of productivity?

A. Except as expressly limited by a specific provision of the PLA, a Contractor

retains full and exclusive authority for the management of their operations, including
the right to discipline or discharge for just cause its employees. See PLA Article 6,
Section 1.

16. Q. May a contractor assign a management person to site?

A. Yes. Managers are not subject to the provisions of the PLA, so there is no
restriction on management and/or other non-trade personnel, as long as such personnel do
not perform trade functions. See Article 3, Section 1.

17. Q. What type of work can Stewards perform?

A. All Stewards must be working Stewards (i.e., they must be performing Program
Work). In addition, Stewards may perform other tasks such as receiving complaints or
grievances from other employees of the Steward’s trade. Stewards may not determine
when overtime is worked. Stewards are entitled to the same wages as other employees of
that trade. See PLA Article 5, Sections 2 and 3.

18. Q. Can a Contractor utilize apprentices?

A. Contractors are permitted to utilize apprentices so long as the ratios between

journeyperson and apprentice do not exceed the allowable ratios set by the New York
State Department of Labor (“NYSDOL”). Should a Contractor request that apprentices
be provided for Program Work, the referring Local Union shall comply with that request
so long as it is consistent with the maximum ratios permitted by NYSDOL.

19. Q. What is HireNYC Construction Careers?

A. HireNYC Construction Careers is an initiative to advance career opportunities

within the construction industry. The initiative has a target goal of 30% of all hours
worked on PLA projects are performed by workers who reside in NYCHA housing or zip
codes where 15% or more of the residences are below poverty. When a Contractor
requests employees, the trades will take into account the target goals when they refer
additional workers.

6
2020 Citywide Renovation PLA
 20. Q. Does the PLA provide a standard work day across all the signatory trades?

A. Yes, all signatory trades will work an eight (8) hour day, Monday through Friday
with a day shift at straight time as the standard work week. The PLA also permits a
Contractor to schedule a four-day (within Monday through Friday) work week, ten (10)
hours per day at straight time if announced at the commencement of the project. See PLA
Article 12, Section 1. This is an example where the terms of the PLA override provisions
of the Standard Construction Contract (compare with section 37.2 of the Standard
Construction Contract). The standard work week may be reduced to 35 or 37 ½ hours of
work in those limited circumstances where the City states in the bid documents that the
Contractor will not be given access to the site to accommodate an 8-hour day. The 8
hour, 7 ½ hour or 7-hour work day must be established at the commencement of the
project by the Agency and may not be altered by the Contractor.

21. Q. Does the PLA create a common holiday schedule for all the signatory trades?

A. Yes, the PLA recognizes nine common holidays. See PLA Article 12, Section 4.

22. Q. Are workers entitled to holiday pay if they do not work on the holiday?

A. No. Workers are only entitled to pay if they work on the holiday. See PLA
Article 12, Section 4.

23. Q. Does the PLA provide for a standard policy for ‘shift work’ across all
signatory trades?

A. Yes, second and third shifts may be worked with a standard 5% premium pay. In
addition, a day shift does not have to be scheduled in order to work the second and third
shifts at the 1.05 hourly pay rate. See PLA Article 12, Section 3.

24. Q. May the Contractor schedule overtime work, including work on a weekend?

A. Yes, the PLA permits the Contractor to schedule overtime work, including work
on weekends. See PLA Article 12, Sections 2, 3, and 5. To the extent that the Agency’s
approval is required before a Contractor may schedule or be paid for overtime, that
approval is still required notwithstanding the PLA language.

25. Q. Are overtime payments affected by the PLA?

A. Yes, all overtime pay incurred Monday through Saturday will be at time and one
half (1 ½). There will be no stacking or pyramiding of overtime pay under any
circumstances. See PLA Article 12, Section 2. Sunday and holiday overtime will be paid
according to each trade’s CBA.

26. Q. Are there special provisions for Saturday work when a day is ‘lost’ during the
week due to weather, power failure or other emergency?

A. Yes, when this occurs the Contractor may schedule Saturday work at weekday
rates. See PLA Article 12, Section 5.

7
2020 Citywide Renovation PLA
 27. Q. Does the PLA contain special provisions for the staffing of temporary services?

A. Yes. Where temporary services are required by specific request of the Agency or
construction manager, they shall be provided by the Contractor’s existing employees
during working hours in which a shift is scheduled for employees of the Contractor. The
need for temporary services during non-working hours will be determined by the Agency
or construction manager. There will be no stacking of trades on temporary services. See
PLA Article 15.

28. Q. What do the workers get paid when work is terminated early in a day due
to inclement weather or otherwise cut short of 8 hours?

A. The PLA provides that employees who report to work pursuant to regular
schedule and not given work will be paid two hours of straight time. Work terminated
early for severe weather or emergency conditions will be paid only for time actually
worked. In other instances where work is terminated early, the worker will be paid for a
full day. See PLA Article 12, Sections 6 and 8. The usual reporting pay requirement of
two hours for employees who report to their work location pursuant to their regular
schedule does not apply when the National Weather Service issues a Weather Advisory
and the Contractor speaks to the employee at least four hours before their shift starting
time. See PLA Article 12, Section 6.

29. Q. Should a local collective bargaining agreement of a signatory union expire

during the project will a work stoppage occur on a project subject to the PLA?

A. No. All the signatory unions are bound by the ‘no strike’ agreement as to the
PLA work. Work will continue under the PLA and the otherwise expired local CBA(s)
until the new local CBA(s) are negotiated and in effect. See PLA Articles 7 and 19.

30. Q. May a Contractor working under the PLA be subject to a strike or other boycott
activity by a signatory union at another site while the Contractor is a signatory to the
PLA?

A. Yes. The PLA applies ONLY to work under the PLA and does not regulate labor
relations at other sites even if those sites are in close proximity to PLA work.

31. Q. If a Contractor has worked under other PLAs in the New York City area, are
the provisions in this PLA generally the same as the others?

A. While PLAs often look similar to each other, and particular clauses are often
used in multiple agreements, each PLA is a unique document and should be examined
accordingly.

32. Q. What happens if a dispute occurs between the Contractor and an employee during
the project?

A. The PLA contains a grievance and arbitration process to resolve disputes between
the Contractor and the employees. See PLA Article 9.

8
2020 Citywide Renovation PLA
 33. Q. What happens if there is a dispute between locals as to which local gets to provide
employees for a particular project or a particular aspect of a project?

A. The PLA provides for jurisdictional disputes to be resolved in accordance with the
NY Plan. A copy of the NY Plan is available upon request from the Agency. The PLA
provides that work is not to be disrupted or interrupted pending the resolution of any
jurisdictional dispute. The work proceeds as assigned by the Contractor until the dispute is
resolved. See PLA Article 10.

34. Q. Does the PLA contain special provisions for JOCS or task order-based Contracts?

A. The PLA does not apply to Task Orders or Work Orders that do not exceed
$250,000 issued under JOCS or Requirements Contracts. See PLA Article 3, Section 1.

35. Q. How do the referral rules work for Operating Engineers Locals 14 and 15?

A. If there is Program Work within the jurisdiction of Operating Engineers Locals 14

or 15, the contractor shall request labor from the appropriate local union. If the locals
provide labor consistent with the referral provisions outlined in Article 4, Section 2, the
terms of the Local 14 CBA or Local 15 CBA will apply to that work. However, if the
locals do not provide labor for that work, the terms of the PLA will apply to such work.

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2020 Citywide Renovation PLA
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 District Councils & Affiliates Contact Information

Bricklayers & Allied Craftworkers Local 1  Elevator Constructors Local 1 *Iron Workers District Council 

4 Court Square 47‐24 27th Avenue 227 E 56th Street Suite 300A
Long Island City, NY 11101 LIC, NY 11101 New York, NY 10022
Business Manager:  Jack Argila Business Manager: Lenny Legotte Business Manager: James Mahoney 
P: (718) 392‐0525 P: 718‐767‐7004 P: 212‐302‐1868
email: [email protected] email: [email protected] email: [email protected]

BoilerMakers Local 5 Engineers Local 14 *Mason Tenders District Council 

24 Van Siclen Avenue 141‐57 Northern Boulevard 520 8th Avenue
Floral Park, NY 11001 Flushing, NY 11354 New York NY 10018
Business Manager:  Steve Ludwigson Business Manager: Edwin Christian  Business Manager:  Robert Bonanza
P: 516‐326‐2500 P: 718‐939‐0600 P: 212‐452‐9400
email: [email protected] email: [email protected] email: [email protected]

Building Concrete & Excavating Laborers Local 731 Engineers Local 15, 15A, 15B, 15C & 15D *Painters District Council No. 9

34‐11 35th Avenue 44‐40 11th Street 45 West 14th Street
Astoria, NY 11106 Long Island City, 11101 New York, NY 10011
Business Manager:  Joseph D'Amato Business Manager:  Tom Callahan Business Manager:  Joe Azzopardi
P: 718‐706‐0720 P:  212‐929‐5327 P: 212‐255‐2950
email: [email protected] email: [email protected] email: [email protected]

*NYC & Vicinity District Council of Carpenters Engineers Local 30 Pavers & Roadbuilders DC No.1 

395 Hudson Street, 9th Fl 16‐16 Whitestone Expressway 136‐25 37th Avenue, Suite 502
New York, NY 10014 Whitestone, NY 11357 Flushing NY 11354
Business Manager: Joe Geiger Business Manager:  William Lynn Business Manager: Keith Lozcalzo
P:  212‐366‐7500 P: 718‐847‐8484 P: 718‐886‐3310
email: [email protected] email: [email protected] email: [email protected]

*Concrete Workers District Council No. 16 Engineers Local 94 Plasterers Local 262

30‐56 Whitestone Expressway Suite 320 331‐337 West 44th Street 2241 Conner Streeet
Flushing, NY 11354 New York, NY 10036 Bronx, NY 10466
Business Manager:  Angelo Angelone Business Manager: Kuba Brown Business Manager: Dale Alleyne 
P: 718‐886‐0516 P: 212‐245‐7040 P:718‐547‐5440
email: [email protected] email:  [email protected] email:  [email protected]

Cement Masons Local #780 Heat & Frost Insulators Local 12 Plumbers Local 1

150‐50 14th Rd Suite 4 35‐53 24th Street 50‐02 5th Street
Whitestone, NY 11357 LIC, NY 11101 Long Island City, NY 11101
Business Manager: Gino Castingnoli Business Manager: John Jovic Business Manager: Michael Apuzzo 
P: 718‐357‐3750 P: 718‐784‐3456 P:  718‐738‐7500 #5904
email: [email protected] email: [email protected] email: [email protected]

Electrical Local 3 Heat & Frost Insulators Local 12A Private Sanitation Local 813

158‐11 Harry Van Arsdale Jr. Avenue 1536 127th Street 45‐18 Court Square, Suite 600
Flushing, NY 11365 College Point, NY 11356 LIC, NY 11101
Business Manager: Chris Erikson Business Manager: Jamie Soto Business Manager:  Sean Campbell
P: 718‐591‐4000 P:  718‐886‐7226 P:  718‐937‐7010 ext 244
email: [email protected] email: [email protected] email: [email protected]

Roofers & Waterproofers Local 8 Steamfitters Local 638 Tile Marble & Terrazzo Local 7

12‐11 43rd Avenue 32‐32 48th Avenue 45‐34 Court Square
LIC, NY 11101 LIC, NY 11101 LIC, NY 11101
Business Manager: Nick Siciliano  Business Manager:  Scott Roche Business Manager: William Hill 
P: 718‐361‐1169 P: 718‐392‐3420 P:  718‐786‐7648
email: [email protected] email: [email protected] email: [email protected]

SheetMetal Workers Local 28 Teamsters Local 282 Window Cleaners No. 2 SEIU 32BJ

500 Greenwich Street  2500 Marcus Avenue 101 Avenue of the Americas
New York, NY 10013 Lake Success, NY 11042 New York, NY 10013
Business Manager: Eric Meslin Business Manager:  Tom Gesauldi  Business Manager:  Gerard McEneaney
P:  212‐941‐7700 P:  516‐488‐2822 #141 P:  212‐539‐2904
email: [email protected] email: [email protected] email: [email protected]

SheetMetal Workers Local 137 Teamsters Local 814
21‐42 44th Drive 21‐42 44th Drive
LIC, NY 11101 LIC, NY 11101
Business Manager:  Dante Dano Business Manager:  Jason Ide
P:  718‐937‐4514 P:  718‐609‐6407
email: [email protected] email: [email protected]
 Carpenters District Council 
NYC & Vicinity District Council of Carpenters
395 Hudson Street, 9th Fl
New York, NY 10014
Business Manager: Joe Geiger
P:  212‐366‐7500

Carpenters Local 20 Carpenters Local 926
900 South Avenue 373 96th Street
Suite 53 Brooklyn, NY 11209
Staten Island, NY 10310 P: 718‐491‐0926

Carpenters Local 45 Dockbuilders/Timberman Local 1556
214‐38 Hillside Avenue 395 Hudson Street 1st Floor
Queens Village, NY 11427 New York, NY  10014
P: 718‐464‐6016

Carpenters Local 157 Millwright & Machinery Erectors Local 740
395 Hudson Street 1st Fl 89‐07 Atlantic Avenue 
New York, NY 10014 Woodhaven, NY 11412
P: 212‐685‐0567 P: 718‐849‐3636
 Concrete Workers District Council No. 16
Concrete Workers District Council No. 16
30‐56 Whitestone Expressway Suite 320
Flushing, NY 11354
Business Manager:  Angelo Angelone
P: 718‐886‐36432

Cement & Concrete Workers Local 6A Cement & Concrete Workers Local 20 
30‐56 Whitestone Expressway  36‐36 33rd Street
Suite 310  Suite 302
Flushing, NY 11354 LIC, NY 11106
Business Manager: Anthony Amella Jr Business Manager: John Peters
P: 718‐888‐9383 P:  718‐361‐8131
email: [email protected] email:  [email protected]

Cement & Concrete Workers Local 18A
4235 Katonah Avenue
Bronx, NY  10470
Business Manager:Kieran O'Sullivan
P:  718‐798‐9035
email: [email protected]
 Iron Workers District Council 
*Iron Workers District Council 
227 E 56th Street Suite 300A
New York, NY 10022
Business Manager: James Mahoney 
P: 212‐302‐1868
email: [email protected]

IronWorkers Local 361 Metal Lathers Local 46
89‐19 97th Avenue 1332 Third Avenue
Ozone Park, NY 11416 New York, NY 10021
Business Manager:   Matthew Chartrand Business Manager: 
P: 718‐322‐1016/17 P: 212‐737‐0500
email: [email protected] email:

Ironworkers Local 40 Derrickmen & Riggers Local 197
451 Park Avenue South 35‐53 24th Street
New York, NY 10016 LIC, NY 11106
Business Manager: Bob Walsh  Business Manager:  William Hayes
P: 212‐889‐1320 P: 718‐361‐6534
email:  [email protected] email:  [email protected]

Ornamental IronWorkers Local 580
501 West 42nd Street
New York, NY 10036
Business Manager: Pete Myers 
p: 212‐594‐1662
email: pmyers@Local‐580.com
 Mason Tenders District Council 

*Mason Tenders District Council 
520 8th Avenue
New York NY 10018
Business Manager:  Robert Bonanza
P: 212‐452‐9400
email: [email protected]

Construction & General Laborers Local 79
520 8th Avenue 
New York, NY 10018
Business Manager:  Michael Prohaska
P: 212‐465‐7900
email: [email protected]

Asbestos Lead & Hazardous Waste Laborers Local 78
30 Cliff Street
New York, NY 10038
Business Manager:  Pawell Gruchacz
P: 212‐227‐4803
email: [email protected]
 Painters District Council # 9
*Painters District Council No. 9
45 West 14th Street
New York, NY 10011
Business Manager:  Joseph Azzopardi 
P: 212‐255‐2950

Drywall Tapers Local 1974 Painters Structural Steel Local 806
265 West 14th Street 40 West 27th Street
New York, NY 10011 New York, NY 10001
Business Manager:  Sal Marsala Business Manager:  Brian Casey 
P:  212‐242‐8500 P: 212‐447‐1838/0149
email:  email: [email protected]

Glaziers Local 1087 Metal Polishers Local 8A‐28A
45 West 14th Street 36‐18 33rd Street 2nd Floor
New York, NY 10011 LIC, NY 11106
Business Manager: Steve Birmingham Business Manager:
P: 212‐924‐5200 P:  718‐361‐1770
email: [email protected] email: 
 2020 NYC AGENCY RENOVATION PROJECT LABOR AGREEMENT

PROJECT LABOR AGREEMENT

COVERING SPECIFIED
RENOVATION & REHABILITATION
OF CITY OWNED BUILDINGS AND STRUCTURES

2020 – 2024

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TABLE OF CONTENTS
PAGE
ART CLE 1 - PREAMBLE .......................................................................................... 1
SECTION 1. PARTIES TO THE AGREEMENT .................................................... 2 
ARTICLE 2 - GENERAL CONDITIONS ..................................................................... 2 
SECTION 1. DEFINITIONS .................................................................................. 2 
SECTION 2. CONDITIONS FOR AGREEMENT TO BECOME
EFFECTIVE .......................................................................................................... 4 
SECTION 3. ENTITIES BOUND & ADMINISTRATION OF
AGREEMENT ....................................................................................................... 4 
SECTION 4. SUPREMACY CLAUSE ................................................................... 4 
SECTION 5. LIABILITY ........................................................................................ 5 
SECTION 6. THE AGENCY ................................................................................. 6 
SECTION 7. AVAILABILITY AND APPLICABILITY TO ALL
SUCCESSFUL BIDDERS..................................................................................... 6 
SECTION 8. SUBCONTRACTING ....................................................................... 6 
ARTICLE 3 - SCOPE OF THE AGREEMENT............................................................ 7 
SECTION 1. WORK COVERED ........................................................................... 7 
SECTION 2. TIME LIMITATIONS ......................................................................... 9 
SECTION 3. EXCLUDED EMPLOYEES .............................................................. 9 
SECTION 4. NON-APPLICATION TO CERTAIN ENTITIES .............................. 11 
ARTICLE 4 - UNION RECOGNITION AND EMPLOYMENT.................................... 11 
SECTION 1. PRE-HIRE RECOGNITION ........................................................... 11 
SECTION 2. UNION REFERRAL ....................................................................... 11 
SECTION 3. NON-DISCRIMINATION IN REFERRALS ..................................... 13 
SECTION 4. MINORITY, FEMALE, LOCAL AND SECTION 3
REFERRALS ...................................................................................................... 14 
SECTION 5. CROSS AND QUALIFIED REFERRALS ....................................... 15 
SECTION 6. CRAFT FOREPERSONS AND GENERAL
FOREPERSONS ................................................................................................ 15 
SECTION 7. ON CALL REPAIR REFERRALS ................................................... 15 
ARTICLE 5 - UNION REPRESENTATION .............................................................. 17 
SECTION 1. LOCAL UNION REPRESENTATIVE ............................................. 17 
SECTION 2. STEWARDS .................................................................................. 17 

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SECTION 3. LAYOFF OF A STEWARD ............................................................. 18 

ARTICLE 6 - MANAGEMENT’S RIGHTS ................................................................ 18 
SECTION 1. RESERVATION OF RIGHTS ......................................................... 18 
SECTION 2. MATERIALS, METHODS & EQUIPMENT ..................................... 19 
ARTICLE 7 - WORK STOPPAGES AND LOCKOUTS ............................................ 20 
SECTION 1. NO STRIKES-NO LOCK OUT ....................................................... 20 
SECTION 2. DISCHARGE FOR VIOLATION ..................................................... 20 
SECTION 3. NOTIFICATION ............................................................................. 20 
SECTION 4. EXPEDITED ARBITRATION ......................................................... 21 
SECTION 5. ARBITRATION OF DISCHARGES FOR VIOLATION .................... 22 
ARTICLE 8 - LABOR MANAGEMENT COMMITTEE............................................... 23 
SECTION 1. SUBJECTS .................................................................................... 23 
SECTION 2. COMPOSITION ............................................................................. 23 
ARTICLE 9 - GRIEVANCE & ARBITRATION PROCEDURE................................... 23 
SECTION 1. PROCEDURE FOR RESOLUTION OF GRIEVANCES ................. 23 
SECTION 2. LIMITATION AS TO RETROACTIVITY ......................................... 26 
SECTION 3. PARTICIPATION BY AGENCY AND/OR
CONSTRUCTION MANAGER............................................................................ 26 
ARTICLE 10 - JURISDICTIONAL DISPUTES ......................................................... 27 
SECTION 1. NO DISRUPTIONS ........................................................................ 27 
SECTION 2. ASSIGNMENT ............................................................................... 27 
SECTION 3. NO INTERFERENCE WITH WORK ............................................. 27 
ARTICLE 11 - WAGES AND BENEFITS ................................................................. 27 
SECTION 1. CLASSIFICATION AND BASE HOURLY RATE ............................ 27 
SECTION 2. EMPLOYEE BENEFITS................................................................. 28 
ARTICLE 12 - HOURS OF WORK, PREMIUM PAYMENTS, SHIFTS
AND HOLIDAYS ...................................................................................................... 32 
SECTION 1. WORK WEEK AND WORKDAY .................................................... 32 
SECTION 2. OVERTIME .................................................................................... 33 
SECTION 3. SHIFTS .......................................................................................... 34 
SECTION 4. HOLIDAYS..................................................................................... 35 
SECTION 5. MAKE-UP DAYS ........................................................................... 36 
SECTION 6. REPORTING PAY ......................................................................... 36 

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SECTION 7. PAYMENT OF WAGES ................................................................. 37 

SECTION 8. EMERGENCY WORK SUSPENSION ........................................... 37 
SECTION 9. INJURY/DISABILITY ..................................................................... 38 
SECTION 10. TIME KEEPING ........................................................................... 38 
SECTION 11. MEAL PERIOD ............................................................................ 38 
SECTION 12. BREAK PERIODS........................................................................ 38 
ARTICLE 13 - APPRENTICES AND WORKFORCE DEVELOPMENT ................... 39 
SECTION 1. APPRENTICE RATIOS AND REFERRALS ................................... 39 
SECTION 2. WORKFORCE DEVELOPMENT .................................................. 39 
ARTICLE 14 - SAFETY PROTECTION OF PERSON AND PROPERTY ................ 41 
SECTION 1. SAFETY REQUIREMENTS ........................................................... 41 
SECTION 2. CONTRACTOR RULES................................................................. 42 
SECTION 3. INSPECTIONS .............................................................................. 42 
ARTICLE 15 - TEMPORARY SERVICES ................................................................ 42 
ARTICLE 16 - NO DISCRIMINATION ...................................................................... 43 
SECTION 1. COOPERATIVE EFFORTS ........................................................... 43 
SECTION 2. LANGUAGE OF AGREEMENT ..................................................... 43 
ARTICLE 17 - GENERAL TERMS ........................................................................... 43 
SECTION 1. PROJECT RULES ......................................................................... 43 
SECTION 2. TOOLS OF THE TRADE ............................................................... 44 
SECTION 3. SUPERVISION .............................................................................. 44 
SECTION 4. TRAVEL ALLOWANCES ............................................................... 44 
SECTION 5. FULL WORKDAY .......................................................................... 44 
SECTION 6. COOPERATION AND WAIVER ..................................................... 44 
ARTICLE 18 - SAVINGS AND SEPARABILITY ....................................................... 45 
SECTION 1. THIS AGREEMENT ....................................................................... 45 
SECTION 2. THE BID SPECIFICATIONS .......................................................... 45 
SECTION 3. NON-LIABILITY ............................................................................. 46 
SECTION 4. NON-WAIVER ............................................................................... 46 
ARTICLE 19 - FUTURE CHANGES IN SCHEDULE “A” AREA
CONTRACTS .......................................................................................................... 46 
SECTION 1. CHANGES TO AREA CONTRACTS ............................................. 46 
SECTION 2. LABOR DISPUTES DURING AREA CONTRACT

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NEGOTIATIONS ................................................................................................ 47 

ARTICLE 20 - WORKERS’ COMPENSATION ADR ................................................ 47 
SECTION 1......................................................................................................... 47 
ARTICLE 21 - HELMETS TO HARDHATS .............................................................. 47 
SECTION 1......................................................................................................... 47 
SECTION 2......................................................................................................... 48
S GNATURE PAGES .............................................................................................. 54
SCHEDULE “A” - CBAs ........................................................................................... 84
Exhibit A ................................................................................................................... 89 
Project Labor Agreement - Letter of Assent ............................................................. 89 
Exhibit B ................................................................................................................... 91 
NEW YORK CITY BUILDING AND CONSTRUCTION TRADES
COUNCIL STANDARDS OF EXCELLENCE ........................................................... 91
Exhibit C – ZIP CODE LIST ...................................................................................... 92
Exhibit D – MEMORANDUM OF UNDERSTANDING ................................................... 917
SCHEDULE “B” - DRUG AND ALCOHOL POLICY ............................................... 102

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PROJECT LABOR AGREEMENT COVERING SPECIFIED

RENOVATION & REHABILITATION OF NEW YORK CITY OWNED
BUILDINGS & STRUCTURES

ARTICLE 1 - PREAMBLE

WHEREAS, the City of New York desires to provide for the cost efficient, safe, quality,

and timely completion of certain rehabilitation and renovation work (“Program Work,” as defined

in Article 3) in a manner designed to afford the lowest costs to the Agencies covered by this

Agreement, and the public it represents, and the advancement of permissible statutory objectives;

WHEREAS, this Project Labor Agreement will foster the achievement of these goals, inter

alia, by:

(1) providing a mechanism for responding to the unique construction needs

associated with this Program Work and achieving the most cost-effective means of construction,
including direct labor cost savings, by the Building and Construction Trades Council of Greater
New York and Vicinity and the signatory Local Unions and their members waiving various shift
and other hourly premiums and other work and pay practices which would otherwise apply to
Program Work;

(2) expediting the construction process and otherwise minimizing the disruption
to the covered Agencies’ ongoing operations at the facilities that are the subject of the Agreement;

(3) avoiding the costly delays of potential strikes, slowdowns, walkouts,

picketing and other disruptions arising from work disputes, reducing jobsite friction on common
situs worksites, and promoting labor harmony and peace for the duration of the Program Work;

(4) standardizing the terms and conditions governing the employment of labor
on Program Work;

(5) permitting wide flexibility in work scheduling and shift hours and times to
allow maximum work to be done during off hours yet at affordable pay rates;

(6) permitting adjustments to work rules and staffing requirements from those
which otherwise might obtain;

(7) providing comprehensive and standardized mechanisms for the settlement of

work disputes, including those relating to jurisdiction;

(8) fostering increased participation by Minority and Women-owned Business

Enterprises (“MWBEs”);

(9) encouraging the development of pathways to construction careers;

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(10) ensuring a reliable source of skilled and experienced labor; and

(11) securing applicable New York State Labor Law exemptions.

WHEREAS, the Building and Construction Trades Council of Greater New York and

Vicinity, its participating affiliated Local Unions and their members, desire to assist the City in

meeting these operational needs and objectives as well as to provide for stability, security and work

opportunities which are afforded by this Project Labor Agreement; and

WHEREAS, the Parties desire to maximize Program Work safety conditions for both

workers and the community in the project area.

NOW, THEREFORE, the Parties enter into this Agreement:

SECTION 1. PARTIES TO THE AGREEMENT

This is a Project Labor Agreement (“Agreement”) entered into by the City of New York

(“City”), on behalf of itself and the Agencies covered herein, including in their capacity as

construction manager of covered projects and/or on behalf of any third party construction manager

which may be utilized, and the Building and Construction Trades Council of Greater New York

and Vicinity (“Council” or “BCTC”) (on behalf of itself) and the signatory affiliated Local Unions

(“Unions” or “Local Unions”). The Council and each signatory Local Union hereby warrant and

represents that it has been duly authorized to enter into this Agreement.

ARTICLE 2 - GENERAL CONDITIONS

SECTION 1. DEFINITIONS

A. The term “Agency” means the following New York City agencies: the Department

for the Aging (“DFTA”), Administration for Children’s Services (“ACS”), Department of Citywide

Administrative Services (“DCAS”), Department of Correction (“DOC”), Department of Design and

Construction (“DDC”), Fire Department (“FDNY”), Department of Homeless Services (“DHS”),

Human Resources Administration (“HRA”), Department of Health and Mental Hygiene

(“DOHMH”), Department of Parks and Recreation (“DPR”), Police Department (“NYPD”),

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Department of Sanitation (“DSNY”); Department of Transportation (“DOT”), Department of

Buildings (“DOB”); with respect to Program Work as defined in Article 3, the New York City

Agency that awards a particular contract subject to this Agreement may be referred to hereafter as

the “Agency”;

B. The term “Agreement” means this project labor agreement (“PLA”), the applicable

Schedule “A” Collective Bargaining Agreements (each a “CBA”) identified in Schedule “A”, and

each Exhibit hereto;

C. The term “BCTC” refers to the Building and Construction Trades Council of Greater

New York and Vicinity. The terms “BCTC” and “Council” are used interchangeably;

D. The term “Contractor(s)” shall include any Construction Manager, General

Contractor and all other contractors, and subcontractors of all tiers engaged in Program Work within

the scope of this Agreement as defined in Article 3. When an Agency acts as Construction Manager,

unless otherwise provided, it has the rights and obligations of a “Construction Manager” in addition

to the rights and obligations of an Agency;

E. The term “Core Employee” means an employee that has been on a contractor’s

payroll consistent with Article 4, Section 2(B) and (C);

F. The term “Minor Repair” means routine repair, service, or maintenance that is

recurrent, day to day, periodic scheduled or routine work required to preserve or restore a building,

facility or system to working order;

G. The term “HireNYC Construction Careers” refers to the PLA initiative to advance

career opportunities for Program Hires;

H. The term “Program Work” is the work covered by this Agreement as defined in

Article 3;

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I. The term “Program Hire” means an individual that resides in a zip code where at

least 15% of the individuals residing in such zip code are below the federal poverty rate and

residents of NYCHA housing regardless of zip codes; and

J. The term “Union(s)” or “Local Union(s)” refers to the various participating unions

affiliated with the BCTC, singularly and collectively.

SECTION 2. CONDITIONS FOR AGREEMENT TO BECOME EFFECTIVE

This Agreement shall not become effective unless each of the following conditions are met:

the Agreement is executed by (1) the Council, on behalf of itself, (2) the participating affiliated

Local Unions; and (3) the mayor of the City of New York or their designee.

SECTION 3. ENTITIES BOUND & ADMINISTRATION OF AGREEMENT

This Agreement shall be binding on all participating Unions and their affiliates, the

Construction Manager (in its capacity as such) and all Contractors of all tiers performing Program

Work, as defined in Article 3. The Contractors shall include in any subcontract that they let for

performance during the term of this Agreement a requirement that their subcontractors, of all tiers,

become signatory and bound by this Agreement with respect to that subcontracted work falling

within the scope of Article 3 and all Contractors (including subcontractors) performing Program

Work shall be required to sign a “Letter of Assent” in the form annexed hereto as Exhibit “A”. This

Agreement shall be administered by the applicable Agency or a Construction Manager or such other

designee as may be named by the Agency or Construction Manager, on behalf of all Contractors.

SECTION 4. SUPREMACY CLAUSE

This Agreement, together with the local Collective Bargaining Agreements (each a “CBA”)

appended hereto as Schedule “A”, represents the complete understanding of all signatories and

supersedes any national agreement, local agreement or other CBA of any type which would

otherwise apply to this Program Work, in whole or in part, except for Program Work which falls
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within the jurisdiction of the Operating Engineers Locals 14 and 15. If Program Work falling within

the jurisdiction of Operating Engineers Locals 14 and 15 is accepted by and performed by said

locals, only then will such work be performed under the terms and conditions set out in the Schedule

“A” agreements of Operating Engineers Locals 14 and 15. The CBAs of the affiliated local unions

that cover the particular type of construction work to be performed by the contractor, and as set

forth in the Schedule “A” list of agreements, shall be deemed the Schedule “A” Collective

Bargaining Agreements (“Schedule “A” CBA”) under this Agreement. Where association and

independent CBAs for a particular type of construction work are both set forth in Schedule “A”,

association members shall treat the applicable association agreement as the Schedule “A” CBA and

independent contractors shall treat the applicable independent agreement as the Schedule “A” CBA.

Subject to the foregoing, where a subject covered by the provisions of this project labor agreement

is also covered by a Schedule “A” CBA, the provisions of this project labor agreement shall prevail.

It is further understood that no Contractor shall be required to sign any other agreement as a

condition of performing Program Work. No practice, understanding or agreement between a

Contractor and a Local Union which is not set forth in this Agreement shall be binding with respect

to Program Work unless endorsed in writing by the Construction Manager or such other designee

as may be designated by the Agency. Nothing in this Agreement requires employees to join a union

or pay dues or fees to a union as a condition of working on the covered project. This Agreement is

not, however, intended to supersede independent requirements in applicable local union agreements

as to contractors that are otherwise signatory to those agreements and as to employees of such

employers performing covered work.

SECTION 5. LIABILITY

The liability of any Contractor and the liability of any Union under this Agreement shall be

several and not joint. The Construction Manager and any Contractor shall not be liable for any

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violations of this Agreement by any other Contractor; and the Council and Local Unions shall not

be liable for any violations of this Agreement by any other Union.

SECTION 6. THE AGENCY

The Agency (or Construction Manager where applicable) shall require in its bid

specifications for all Program Work within the scope of Article 3 that all successful bidders, and

their subcontractors of all tiers, become bound by, and signatory to, this Agreement. The Agency

(or Construction Manager) shall not be liable for any violation of this Agreement by any Contractor.

It is understood that nothing in this Agreement shall be construed as limiting the sole discretion of

the Agency or Construction Manager in determining which Contractors shall be awarded contracts

for Program Work. It is further understood that the Agency or Construction Manager has sole

discretion at any time to terminate, delay or suspend the Program Work, in whole or part, on any

project.

SECTION 7. AVAILABILITY AND APPLICABILITY

TO ALL SUCCESSFUL BIDDERS

The Unions agree that this Agreement will be made available to, and will fully apply to, any

successful bidder for (or subcontractor of) Program Work who becomes signatory thereto, without

regard to whether that successful bidder (or subcontractor) performs work at other sites on either a

union or non-union basis and without regard to whether employees of such successful bidder (or

subcontractor) are, or are not, members of any unions. This Agreement shall not apply to the work

of any Contractor which is performed at any location other than the site of Program Work.

SECTION 8. SUBCONTRACTING

Contractors will subcontract Program Work only to a person, firm or corporation who is or

agrees to become party to this Agreement.

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ARTICLE 3 - SCOPE OF THE AGREEMENT

SECTION 1. WORK COVERED

A. Program Work shall be limited to designated rehabilitation and renovation

construction contracts bid and let by an Agency (or its Construction Manager where applicable)

after the effective date of this Agreement with respect to rehabilitation and renovation work

performed for an Agency on City-owned property under contracts advertised for public solicitation

prior to December 31, 2024. Subject to the foregoing, and the exclusions below, such Program

Work shall mean any and all contracts that predominantly involve the renovation, alteration, repair,

rehabilitation or expansion of an existing City-owned building or structure within the five boroughs

of New York City. Examples of Program Work include, but are not limited to, the renovation,

repair, alteration and rehabilitation of an existing temporary or permanent structure, or an expansion

of above ground structures located in the City on a City-owned building. Program Work shall also

include job order contracts (“JOCS”), demolition work, painting services. Low voltage work, site

work, elevator work, mold, asbestos and lead abatement, carpentry services, and carpet removal

and installation shall be included as Program Work only when incidental to such building

renovation and/or rehabilitation of City-owned buildings or structures and included in a contract

that predominantly involves such renovation and/or rehabilitation.

B. It is understood that, except where the City specifically applies this Agreement to

such work in its bid documents, Program Work does not include, and this Agreement shall not

apply to, any other work, including:

1. Contracts that are let under a different project labor agreement with one of

the defined City Agencies, and/or other Agencies and Authorities that have entered separate PLAs,

such as DEP, NYCHA, H+H and SCA;

2. Contracts let and work performed in connection with projects carried over,

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recycled from, or performed under bids or rebids relating to work that were bid prior to the effective

date of this Agreement or after December 31, 2024;

3. Contracts procured on an emergency basis;

4. Prime contracts that do not exceed $3,000,000;

5. Contracts for work on streets and bridges and for the closing or

environmental remediation of landfills;

6. Contracts with not-for-profit corporations where the City is not awarding or

performing the work performed for that entity;

7. Contracts with governmental entities where the City is not awarding or

performing the work performed for that entity;

8. Contracts with electric utilities, gas utilities, telephone companies, and

railroads, except that it is understood and agreed that these entities may only install their work to a

demarcation point, e.g., a telephone closet or utility vault, the location of which is determined prior

to construction and employees of such entities shall not be used to replace employees performing

Program Work pursuant to this Agreement;

9. Contracts for installation of information technology that are not otherwise

Program Work;

10. Task Orders or Work Orders issued under JOCS or Requirements Contracts

that do not exceed $250,000, and JOCS or Requirements Contracts where the monetary value of

such contracts predominantly involves such Task Orders or Work Orders;

11. Contracts that predominantly involve Minor Repair work, as defined in

Article 2, Section 1(F) above. Such work is to be paid under the applicable prevailing wage law

for service or maintenance work;

12. Up to five percent (5%) of work performed by certified MWBE

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subcontractors on prime contracts that are valued at $25,000,000 or more and for which

participation goals are set forth in the contract and where such MWBE subcontractor is not

signatory to any Schedule “A” agreement (“Exempt Work”). Exempt Work shall be no more than

$500,000 or 15% (whichever is greater) of the value of the subcontracts for work in any particular

union’s jurisdiction under any prime contract; and

13. On-site work performed on purchased equipment, which is required by the

manufacturer to be performed by its staff or by its selected contractors as a condition of the

continued effectiveness of the equipment warranty.

SECTION 2. TIME LIMITATIONS

In addition to falling within the scope of Article 3, Section 1, to be covered by this

Agreement, Program Work must be (1) advertised and let for bid after the effective date of this

Agreement, and (2) let for bid prior to December 31, 2024, the expiration date of this Agreement.

It is understood that this Agreement, together with all of its provisions, shall remain in effect for all

such Program Work until completion, even if not completed by the expiration date of the

Agreement. If Program Work otherwise falling within the scope of Article 3, Section 1 is not let

for bid by the expiration date of this Agreement, this Agreement may be extended to that work by

mutual agreement of the parties.

SECTION 3. EXCLUDED EMPLOYEES

The following persons are not subject to the provisions of this Agreement, even though

performing Program Work:

A. Superintendents, supervisors (except field surveyors on construction contracts,

general and forepersons specifically covered by a craft’s Schedule “A” agreement are included),

engineers, professional engineers and/or licensed architects engaged in inspection and testing,

quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers,

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guards, technicians, non-manual employees, and all professional, engineering, administrative and

management persons;

B. Employees of the Agency, New York City, or any other municipal or State agency,

authority or entity, or employees of any other public employer, even though working on the project

site while covered Program Work is underway;

C. Employees and entities engaged in off-site manufacture, modifications, repair,

maintenance, assembly, painting, handling or fabrication of project components, materials,

equipment or machinery, or involved in deliveries to and from the Program site, except to the extent

they are lawfully included in the bargaining unit of a Schedule “A” agreement;

D. Employees of the Construction Manager (except that in the event the Agency

engages a Contractor to serve as Construction Manager, then those employees of the Construction

Manager performing manual, on site construction labor will be covered by this Agreement);

E. Employees engaged in on-site equipment warranty work including installation,

repair or maintenance unless employees are already working on the site and are certified to perform

warranty work;

F. Employees engaged in geophysical testing other than boring for core samples;

G. Employees engaged in laboratory, specialty testing, or inspections, pursuant to a

professional services agreement between the Agency, or any of the Agency’s other professional

consultants, and such laboratory, testing, inspection or surveying firms;

H. Employees engaged in on-site maintenance of installed equipment or systems which

maintenance is awarded as part of a contract that includes Program Work, but which maintenance

occurs after installation of such equipment or system and is not directly related to construction

services; and

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I. Employees who perform work classified as Minor Repairs, and routine service

and/or maintenance work.

SECTION 4. NON-APPLICATION TO CERTAIN ENTITIES

This Agreement shall not apply to those parents, affiliates, subsidiaries, or other joint or

sole ventures of any Contractor which do not perform Program Work. It is agreed that this

Agreement does not have the effect of creating any joint employment, single employer or alter ego

status among the Agency (including in its capacity as Construction Manager) or any Contractor.

The Agreement shall further not apply to any New York City or other municipal or State agency,

authority, or entity other than a listed Agency and nothing contained herein shall be construed to

prohibit or restrict the Agency or its employees, or any State, New York City or other municipal or

State authority, agency or entity and its employees, from performing on or off-site work related to

Program Work.

As the contracts involving Program Work are completed and accepted, the Agreement shall

not have further force or effect on such items or areas except where inspections, additions, repairs,

modifications, check-out and/or warranty work are assigned in writing (copy to Local Union

involved) by the Agency (or Construction Manager) for performance under the terms of this

Agreement.

ARTICLE 4 - UNION RECOGNITION AND EMPLOYMENT

SECTION 1. PRE-HIRE RECOGNITION

The Contractors recognize the signatory Unions as the sole and exclusive bargaining

representatives of all employees who are performing on-site Program Work, with respect to that

work.

SECTION 2. UNION REFERRAL

A. The Contractors agree to request, employ and hire craft employees, including

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Program Hires as defined in Article 2, Section 1(I), for Program Work covered by this Agreement

through the job referral systems and hiring halls established in the Local Unions’ area CBAs set

forth in Schedule “A”. Notwithstanding this, Contractors shall have sole right to determine the

competency of all referrals; to determine the number of employees required; to select employees

for layoff (subject to Article 5, Section 3); and the sole right to reject any applicant referred by a

Local Union, subject to the show-up payments. In the event that a Local Union does not fill any

request for qualified employees within a 48-hour period after such requisition is made by a

Contractor (Saturdays, Sundays and holidays excepted), a Contractor may employ qualified

applicants from any other available source. In the event that the Local Union does not have a job

referral system, the Contractor shall give the Local Union first preference to refer applicants, subject

to the other provisions of this Article. The Contractor shall notify the Local Union of craft

employees hired for Program Work within its jurisdiction from any source other than referral by

the Union. Any employee hired by a Contractor because a Local Union does not fill a request for

qualified employees within a 48 hour period (Saturdays, Sundays and holidays excepted) are not

covered by this Agreement for purposes of Article 11, Section 2, unless they are or become a

member or agency shop fee payor of an affiliated Union.

B. A Contractor may request by name, and the Local will honor, referral of persons

who have applied to the Local for Program Work (“Core Employees”) and who meet the following

qualifications:

(1) possess any license required by New York State law for the Program Work
to be performed;
(2) have worked a total of at least 1000 hours in the Construction field during
the prior 3 years; and
(3) were on the Contractor’s active payroll for at least 60 out of the 180 calendar
days prior to the contract award.

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No more than twelve per centum (12%) of the employees covered by this Agreement, per

Contractor by craft, shall be hired through the special provisions above. Under this provision, name

referrals begin with the eighth employee needed and continue on that same basis.

C. Notwithstanding Section 2(B), above, certified MWBE contractors for which

participation goals are set forth in New York City Administrative Code §6-129, that are not

signatory to any Schedule “A” CBAs, with subcontracts valued at or under two-million dollars

($2,000,000), may request by name, and the Local will honor, referral of the second (2nd), fourth

(4th), sixth (6th), and eighth (8th) Core Employee, who have applied to the Local for Program Work

and who meet the following qualifications:

(1) possess any license required by New York State law for the Program Work
to be performed;
(2) have worked a total of at least 1000 hours in the Construction field during
the prior 3 years; and
(3) were on the Contractor’s active payroll for at least 60 out of the 365 calendar
days prior to the contract award.
D. Where a certified MWBE Contractor voluntarily enters into a CBA with a BCTC

Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join

the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency

for admission.

SECTION 3. NON-DISCRIMINATION IN REFERRALS

The Council represents that each Local Union hiring hall and referral system will be

operated in a non-discriminatory manner and in full compliance with all applicable federal, state

and local laws and regulations which require equal employment opportunities. Referrals shall not

be affected in any way by the rules, regulations, bylaws, constitutional provisions or any other

aspects or obligations of union membership, policies or requirements and shall be subject to such

other conditions as are established in this Article. No employment applicant shall be discriminated

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against by any referral system or hiring hall because of the applicant’s union membership, or lack

thereof.

SECTION 4. MINORITY, FEMALE, LOCAL AND SECTION 3 REFERRALS

In the event a Local Union either fails, or is unable to refer qualified minority or female

applicants in percentages equaling the workforce participation goals adopted by the City and set

forth in the Agency’s (or, if applicable, Construction Manager’s) bid specifications, within 48 hours

of the request for same, the Contractor may employ qualified minority or female applicants from

any other available source.

The Local Unions agree to prioritize the referral of Program Hires in accordance with

Article 13 and to the extent consistent with the law, rules applicable to the union referral systems

and joint apprentice programs. Those unions that do not currently provide for zip code preferences

in their referral systems will undertake to implement such preferences consistent with this

Agreement and their governing documents. Please see Exhibit “C” for a non-exhaustive list of

eligible zip codes. Employees from these zip codes that are already on a contractor’s workforce,

including Core Employees, and referral of apprentices, in accordance with Article 13, Section 1(A)

below, shall count towards the referral goals of this Section.

For any Program Work that may become subject to requirements under Section 3 of the

Housing and Urban Development Act of 1968, as amended by the Housing and Community

Development Act of 1992, and any rules, including new or revised rules, that may be published

thereunder, the Local Unions acknowledge the Section 3 obligations of the Construction Manager

or Contractor, as applicable, and agree to the zip code and NYCHA preferences described above to

help implement this Article in a manner that would allow the Construction Manager or Contractor

to meet its Section 3 obligations to the greatest extent feasible, and to post any required notices in

the manner required by Section 3. The parties also acknowledge that the Construction Manager

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and Contractor may also fulfill its Section 3 requirements on Program Work by promoting

opportunities for excluded employees, as defined by Article 3, Section 3 of this Agreement, on

Program Work and, to the extent permitted by Section 3, by promoting opportunities for craft and

other employees on non-Program Work.

SECTION 5. CROSS AND QUALIFIED REFERRALS

The Local Unions shall not knowingly refer to a Contractor an employee then employed by

another Contractor working under this Agreement. The Local Unions will exert their utmost efforts

to recruit sufficient numbers of skilled and qualified crafts employees to fulfill the requirements of

the Contractor.

SECTION 6. CRAFT FOREPERSONS AND GENERAL FOREPERSONS

The selection of craft forepersons and/or general forepersons and the number of forepersons

required shall be solely the responsibility of the Contractor except where otherwise provided by

specific provisions of an applicable Schedule “A” CBA, and provided that all craft forepersons

shall be experienced and qualified journeypersons in their trade as determined by the appropriate

Local Union. All forepersons shall take orders exclusively from the designated Contractor

representatives. Craft forepersons shall be designated as working forepersons at the request of the

Contractor, except when an existing local CBA prohibits a foreperson from working when the craft

persons, they are leading exceed a specified number.

SECTION 7. ON CALL REPAIR REFERRALS

A. When an Agency awards a contract under this Agreement that requires the

Contractor to have employees available on short notice to make time-sensitive repairs with such

contract requiring the Contractor to respond within as little as two hours from the time the

Contractor is contacted by the Agency (“On Call, Repair Contract”), the Contractor will, within ten

(10) days of being awarded an On Call, Repair Contract subject to this Agreement, notify the

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appropriate affiliated Union that would perform the work for a contractor that the Contractor has

been awarded such a contract and immediately enter into good faith negotiations with such relevant

affiliated Union to establish a procedure to receive time sensitive referrals from such affiliated

Union(s).

B. In the event the Contractor and the relevant affiliated Union(s) are unable to

negotiate a specific, mutually agreeable procedure for on call repair referral procedure within

twenty (20) days of commencement of negotiations or prior to commencement of performance of

the contract, whichever is earlier, the Contractor and the relevant affiliated Unions will follow the

following procedure:

1. Upon notification by a Contractor that it has been awarded an On Call,

Repair Contract pursuant to paragraph A above, each relevant affiliate Union shall provide the

Contractor with the name and twenty-four (24) hour contact information of an On Call, Repair

Contract contact person for urgent on call repair referrals.

2. The relevant affiliated Unions shall prepare a list of individuals eligible and

prepared for referral on an immediate basis to respond to the on call repair contractor, which may

include the affiliated Unions’ service, repair and maintenance division workers where appropriate

for repairs that can be made within 24 to 48 hours and paid at the appropriate prevailing wage rates

for service and repair or maintenance work. Such list shall be provided to and in the possession of

the designated-on call repair contact person for the affiliated Union and available for immediate

reference.

3. Individuals on such list must be able to comply with the Contractor’s

response time pursuant to contract requirements.

4. The Union’s On Call, Repair Contract contact person shall respond to a

contractor’s request for referrals within a reasonable time of the request so that compliance with

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the contract shall be possible.

C. In the event that the Contractor makes a request for an on call referral that is

compliant with this procedure and a Union is not able to respond to the request, that Union will be

deemed to have waived the forty-eight (48) hour referral rule contained in Section 2 above and the

Contractor may employ qualified applicants from any other available source that can meet contract

requirements for that time-sensitive on call repair work only; provided, however, that any work

related to the repair work that is not of a time sensitive nature under the contract shall comply with

Section 2. If a Union fails to timely refer a worker and the Contractor employs other workers, the

Contractor will e-mail the Agency within 72 hours and the Agency will forward that e-mail to the

designated Labor Management Committee contacts.

ARTICLE 5 - UNION REPRESENTATION

SECTION 1. LOCAL UNION REPRESENTATIVE

Each Local Union representing on-site employees shall be entitled to designate in writing

(copy to Contractor involved and Construction Manager) one representative, and/or the Business

Manager, who shall be afforded access to the Program Worksite during such time as bargaining

unit work is occurring and subject to otherwise applicable policies pertaining to visitors to the site.

SECTION 2. STEWARDS

A. Each affiliated Union shall have the sole discretion to designate any journey

person as a Steward and an alternate Steward. The Union shall notify the Owner and/or

Construction Manager as well as the Contractor of the identity of the designated Steward (and

alternate) prior to the assumption of such duties. Stewards shall not exercise supervisory functions

and will receive the regular rate of pay for their craft classifications. All Stewards shall be working

Stewards.

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B. In addition to their work as an employee, the Steward shall have the right to

receive complaints or grievances and to discuss and assist in their adjustment with the Contractor’s

appropriate supervisor. Each Steward shall be concerned with the employees of the Steward’s trade

and, if applicable, subcontractors of their Contractor, but not with the employees of any other trade

Contractor. No Contractor shall discriminate against the Steward in the proper performance of

Union duties.

C. The Stewards shall not have the right to determine when overtime shall be

worked, or who shall work overtime except pursuant to a Schedule “A” CBA provision providing

procedures for the equitable distribution of overtime.

SECTION 3. LAYOFF OF A STEWARD

Contractors agree to notify the appropriate Union 24 hours prior to the layoff of a Steward,

except in cases of discipline or discharge for just cause. If a Steward is protected against layoff by

a Schedule “A” provision, such provision shall be recognized to the extent the Steward possesses

the necessary qualifications to perform the work required, except in cases of discipline or discharge

for just cause. In any case in which a Steward is discharged or disciplined for just cause, the Local

Union involved shall be notified immediately by the Contractor.

ARTICLE 6 - MANAGEMENT’S RIGHTS

SECTION 1. RESERVATION OF RIGHTS

Except as expressly limited by a specific provision of this Agreement, Contractors retain

full and exclusive authority for the management of their operations including, but not limited to,

the right to: direct the work force, including determination as to the number of employees to be

hired and the qualifications therefore; the promotion, transfer, layoff of its employees; require

compliance with the directives of the Agency including standard restrictions related to security and

access to the site that are equally applicable to Agency employees, guests, or vendors; or the

discipline or discharge for just cause of its employees; assign and schedule work; promulgate
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reasonable Program Work rules that are not inconsistent with this Agreement or rules common in

the industry and are reasonably related to the nature of work; and, the requirement, timing and

number of employees to be utilized for overtime work. No rules, customs, or practices which limit

or restrict productivity or efficiency of the individual, as determined by the Contractor, Agency

and/or Construction Manager and/or joint working efforts with other employees shall be permitted

or observed.

SECTION 2. MATERIALS, METHODS & EQUIPMENT

There shall be no limitation or restriction upon the Contractor's choice of materials,

techniques, methods, technology or design, or, regardless of source or location, upon the use and

installation of equipment, machinery, package units, pre-cast, pre-fabricated, pre-finished, or pre-

assembled materials or products, tools, or other labor-saving devices. Contractors may, without

restriction, install or use materials, supplies or equipment regardless of their source; provided,

however, that where there is a Schedule “A” that includes a lawful union standards and practices

clauses, then such clause as set forth in Schedule “A” agreements will be complied with, unless

there is a lawful Agency specification (or specification issued by a Construction Manager which

would be lawful if issued by the Agency directly) that would specifically limit or restrict the

Contractor’s choice of materials, techniques, methods, technology or design, or, regardless of

source or location, upon the use and installation of equipment, machinery, package units, pre-cast,

pre-fabricated, pre-finished, or pre-assembled materials or products, tools, or other labor-saving

devices, and which would prevent compliance with such Schedule “A” clause. The on-site

installation or application of such items shall be performed by the craft having jurisdiction over

such work; provided, however, it is recognized that other personnel having special qualifications

may participate, in a supervisory capacity, in the installation, check-off or testing of specialized or

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unusual equipment or facilities as designated by the Contractor. There shall be no restrictions as to

work which is performed off-site for Program Work.

ARTICLE 7 - WORK STOPPAGES AND LOCKOUTS

SECTION 1. NO STRIKES-NO LOCK OUT

There shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns, hand

billing, demonstrations or other similar disruptive activity at the Program Work site for any reason

by any Union or employee against any Contractor or employer. There shall be no other Union or

concerted or employee activity which disrupts or interferes with the operation of the Program Work

or the objectives of the Agency at any Program Work site. In addition, failure of any Union or

employee to cross any picket line established by any Union, signatory or non-signatory to this

Agreement, or the picket or demonstration line of any other organization, at or in proximity to a

Program Work site where the failure to cross disrupts or interferes with the operation of Program

Work is a violation of this Article. Should any employees breach this provision, the Unions will

use their best efforts to try to immediately end that breach and return all employees to work. There

shall be no lockout at a Program Work site by any signatory Contractor, Agency or Construction

Manager.

SECTION 2. DISCHARGE FOR VIOLATION

A Contractor may discharge any employee violating Section 1, above, and any such

employee will not be eligible thereafter for referral under this Agreement for a period of 100 days.

SECTION 3. NOTIFICATION

If a Contractor contends that any Union has violated this Article, it will notify the Local

Union involved advising of such fact, with copies of the notification to the Council. The Local

Union shall instruct and order, the Council shall request, and each shall otherwise use their best

efforts to cause, the employees (and where necessary the Council shall use its best efforts to cause

the Local Union), to immediately cease and desist from any violation of this Article. If the Council
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complies with these obligations, it shall not be liable for the unauthorized acts of a Local Union or

its members. Similarly, a Local Union and its members will not be liable for any unauthorized acts

of the Council. Failure of a Contractor or the Construction Manager to give any notification set

forth in this Article shall not excuse any violation of Section 1 of this Article.

SECTION 4. EXPEDITED ARBITRATION

Any Contractor or Union alleging a violation of Section 1 of this Article may utilize the

expedited procedure set forth below (in lieu of, or in addition to, any actions at law or equity that

may be brought).

A. A party invoking this procedure shall notify J.J. Pierson or Richard Adelman;

who shall alternate (beginning with Arbitrator J.J. Pierson) as Arbitrator under this expedited

arbitration procedure. If the Arbitrator next on the list is not available to hear the matter within 24

hours of notice, the next Arbitrator on the list shall be called. Copies of such notification will be

simultaneously sent to the alleged violator and Council.

B. The Arbitrator shall thereupon, after notice as to time and place to the

Contractor, the Local Union involved, the Council and the Construction Manager, hold a hearing

within 48 hours of receipt of the notice invoking the procedure if it is contended that the violation

still exists. The hearing will not, however, be scheduled for less than 24 hours after the notice

required by Section 3, above.

C. All notices pursuant to this Article may be provided by telephone, telegraph,

hand delivery, or fax, confirmed by overnight delivery, to the Arbitrator, Contractor, Construction

Manager and Local Union involved. The hearing may be held on any day including Saturdays or

Sundays. The hearing shall be completed in one session, which shall not exceed 8 hours duration

(no more than 4 hours being allowed to either side to present their case and conduct their cross

examination) unless otherwise agreed. A failure of any Union or Contractor to attend the hearing

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shall not delay the hearing of evidence by those present or the issuance of an award by the

Arbitrator.

D. The sole issue at the hearing shall be whether a violation of Section 1, above,

occurred. If a violation is found to have occurred, the Arbitrator shall issue a Cease and Desist

Award restraining such violation and serve copies on the Contractor and Union involved. The

Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation

of such violation or to award damages (any damages issue is reserved solely for court proceedings,

if any). The Award shall be issued in writing within 3 hours after the close of the hearing and may

be issued without an Opinion. If any involved party desires an Opinion, one shall be issued within

15 calendar days, but its issuance shall not delay compliance with, or enforcement of, the Award.

E. The Agency and Construction Manager (or such other designee of the

Agency) may participate in full in all proceedings under this Article.

F. An Award issued under this procedure may be enforced by any court of

competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the

filing of such enforcement proceedings shall be given to the Union or Contractor involved, and the

Construction Manager.

G. Any rights created by statute or law governing arbitration proceedings which

are inconsistent with the procedure set forth in this Article, or which interfere with compliance

thereto, are hereby waived by the Contractors and Unions to whom they accrue.

H. The fees and expenses of the Arbitrator shall be equally divided between the

involved Contractor and Union.

SECTION 5. ARBITRATION OF DISCHARGES FOR VIOLATION

Procedures contained in Article 9 shall not be applicable to any alleged violation of this

Article, with the single exception that an employee discharged for violation of Section 1, above,

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may have recourse to the procedures of Article 9 to determine only if the employee did, in fact,

violate the provisions of Section 1 of this Article; but not for the purpose of modifying the discipline

imposed where a violation is found to have occurred.

ARTICLE 8 - LABOR MANAGEMENT COMMITTEE

SECTION 1. SUBJECTS

The Program Labor Management Committee (the “LMC”) will meet on a regular basis to:

1) promote harmonious relations among the Contractors and Unions; 2) enhance safety awareness,

cost effectiveness and productivity of construction operations; 3) protect the public interests; 4)

discuss matters relating to staffing and scheduling with safety and productivity as considerations;

and 5) review efforts to meet applicable participation goals for MWBEs and workforce participation

goals for Program Hires, minority and female employees.

SECTION 2. COMPOSITION

The LMC shall be jointly chaired by a designee of the Agency and the President of the

Council. It may include representatives of the Local Unions and Contractors involved in the issues

being discussed. The parties shall mutually designate an MWBE representative to participate in

appropriate Committee discussions. The Committee may conduct business through mutually

agreed upon sub-committees.

ARTICLE 9 - GRIEVANCE & ARBITRATION PROCEDURE

SECTION 1. PROCEDURE FOR RESOLUTION OF GRIEVANCES

Any question, dispute or claim arising out of, or involving the interpretation or application

of this Agreement (other than jurisdictional disputes or alleged violations of Article 7, Section 1)

shall be considered a grievance and shall be resolved pursuant to the exclusive procedure of the

steps described below, provided, in all cases, that the question, dispute or claim arose during the

term of this Agreement. Grievances shall include the City contract number and the Program Work

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address; such information is posted at the work site if already commenced and is available in the

City Record and Notice to Proceed for projects not already commenced.

Local Union grievances as to whether a scope of work is included or excluded from this

Agreement shall be submitted to the LMC in the first instance rather than Step 1 below. To be

timely, such notice must be given no later than five days prior to the bid opening date advertised in

the City Record and bid documents for that contract, or any adjourned date publicly noticed if the

grievance is challenging a determination by an Agency that the contract is not subject to this

Agreement. Compliance with this limit shall operate as a statute of limitations and shall be a

condition precedent to arbitration. For other grievances as to contractor and/or subcontractor scope

of work issues, notice of such challenges shall be submitted to the LMC within 7 calendar days

after the act, occurrence or event giving rise to the grievance. If the scope of work grievance is not

resolved within 21 days of its submission to the LMC, then the grievance may proceed directly to

Step 3 below.

Step 1:

(a) When any employee covered by this Agreement feels aggrieved by a claimed

violation of this Agreement, the employee shall, through the Local Union business representative

or job steward give notice of the claimed violation to the work site representative of the involved

Contractor and the Construction Manager. To be timely, such notice of the grievance must be given

within 7 calendar days after the act, occurrence or event giving rise to the grievance. The business

representative of the Local Union or the job steward and the work site representative of the involved

Contractor shall meet and endeavor to adjust the matter within 7 calendar days after timely notice

has been given. If they fail to resolve the matter within the prescribed period, the grieving party,

may, within 7 calendar days thereafter, pursue Step 2 of the grievance procedure by serving the

involved Contractor with written copies of the grievance setting forth a description of the claimed

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violation, the date on which the grievance occurred, and the provisions of the Agreement alleged

to have been violated. Grievances and disputes settled at Step 1 are non-precedential except as to

the specific Local Union, employee and Contractor directly involved unless the settlement is

accepted in writing by the Construction Manager (or designee) as creating a precedent.

(b) Should any signatory to this Agreement have a dispute (excepting jurisdictional

disputes or alleged violations of Article 7, Section 1) with any other signatory to this Agreement

and, if after conferring, a settlement is not reached within 7 calendar days, the dispute shall be

reduced to writing and proceed to Step 2 in the same manner as outlined in subparagraph (a) for the

adjustment of employee grievances.

Step 2:

A Step 2 grievance shall be filed with the Agency, the BCTC, the Contractor, and, if the

grievance is against a subcontractor, the subcontractor. The Business Manager or designee of the

involved Local Union, together with representatives of the involved Contractor and/or a contractor

association representative where appropriate, Council, the Construction Manager (or designee),

and, if the grievance is against a subcontractor, the subcontractor, shall meet in Step 2 within 7

calendar days of service of the written grievance to arrive at a satisfactory settlement. The BCTC

shall schedule the Step 2 meeting.

Step 3:

(a) If the grievance shall have been submitted but not resolved in Step 2, any of the

participating Step 2 entities may, within 21 calendar days after the initial Step 2 meeting, submit

the grievance in writing (copies to other participants, including the Construction Manager or

designee) to the BCTC. In the event the matter is not resolved at Step 2, either J.J. Pierson or

Richard Adelman, who shall act, alternately (beginning with Arbitrator J.J. Pierson), as the

Arbitrator under this procedure, shall be designated at the Step 2 hearing and the BCTC will notify

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the arbitrator of his designation. After such notification by the BCTC, the local demanding

arbitration shall within a reasonable time request the arbitrator to schedule the matter for an

arbitration hearing date. The Labor Arbitration Rules of the American Arbitration Association shall

govern the conduct of the arbitration hearing, at which all Step 2 participants shall be parties. The

decision of the Arbitrator shall be final and binding on the involved Contractor, Local Union and

employees and the fees and expenses of such arbitrations shall be borne equally by the involved

Contractor and Local Union.

(b) Failure of the grieving party to adhere to the time limits set forth in this Article shall

render the grievance null and void. These time limits may be extended only by written consent of

the Construction Manager (or designee), involved Contractor and involved Local Union at the

particular step where the extension is agreed upon. The Arbitrator shall have authority to make

decisions only on the issues presented to him and shall not have the authority to change, add to,

delete or modify any provision of this Agreement.

SECTION 2. LIMITATION AS TO RETROACTIVITY

No arbitration decision or award, with the exception of those related to compliance with

requirements to pay prevailing wages and supplements in accordance with federal or State law, may

provide retroactivity of any kind exceeding 60 calendar days prior to the date of service of the

written grievance on the Construction Manager and the involved Contractor or Local Union.

SECTION 3. PARTICIPATION BY AGENCY AND/OR CONSTRUCTION MANAGER

The Agency and Construction Manager (or such other designee of the Agency) shall be

notified by the involved Contractor of all actions at Steps 2 and 3 and, at its election, may participate

in full in all proceedings at these Steps, including Step 3 arbitration.

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ARTICLE 10 - JURISDICTIONAL DISPUTES

SECTION 1. NO DISRUPTIONS

There will be no strikes, sympathy strikes, work stoppages, slowdowns, picketing or other

disruptive activity of any kind arising out of any jurisdictional dispute. Pending the resolution of

the dispute, the work shall continue uninterrupted and as assigned by the Contractor. No

jurisdictional dispute shall excuse a violation of Article 7.

SECTION 2. ASSIGNMENT

All Program Work assignments shall be made by the Contractor to unions affiliated with

the BCTC consistent with the New York Plan for the Settlement of Jurisdictional Disputes (“New

York Plan”) and its Greenbook decisions, if any. Where there are no applicable Greenbook

decisions, assignments shall be made in accordance with the provisions of the New York Plan and

local industry practice.

SECTION 3. NO INTERFERENCE WITH WORK

There shall be no interference or interruption of any kind with the Program Work while any

jurisdictional dispute is being resolved. The work shall proceed as assigned by the Contractor until

finally resolved under the applicable procedure of this Article. The award shall be confirmed in

writing to the involved parties. There shall be no strike, work stoppage or interruption in protest of

any such award.

ARTICLE 11 - WAGES AND BENEFITS

SECTION 1. CLASSIFICATION AND BASE HOURLY RATE

All employees covered by this Agreement shall be classified in accordance with the work

performed and paid the hourly wage rates applicable for those classifications as required by the

applicable prevailing wage laws.

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SECTION 2. EMPLOYEE BENEFITS

A. The Contractors agree to pay on a timely basis contributions on behalf of all

employees covered by this Agreement to those established jointly trusteed employee benefit funds

designated in the applicable CBA in Schedule “A” (in the appropriate Schedule “A” amounts),

provided that such benefits are required to be paid on public works under any applicable prevailing

wage law. Bona fide jointly trusteed fringe benefit plans established or negotiated through

collective bargaining during the life of this Agreement may be added if similarly required under

applicable prevailing wage law. Contractors, not otherwise contractually bound to do so, shall not

be required to contribute to benefits, trusts or plans of any kind which are not required by the

prevailing wage law provided, however, that this provision does not relieve Contractors signatory

to local collective bargaining agreement with any affiliated union from complying with the fringe

benefit requirements for all funds contained in the CBA. Furthermore, employees that may remain

unaffiliated with any local union at the completion of their employment under the terms of this

Agreement may apply for any distributions to which they may be entitled from the funds in

accordance with the applicable rules and governing documents of the unions and the employee

benefit funds that they have participated in under the terms of this Agreement.

B. 1. Notwithstanding Section 2 (A) above, and subject to 2 (B)(2) below,

Contractors who designate Core Employees pursuant to Article 4, Section 2 (B) and (C) that are

not signatory to a Schedule “A” agreement and who maintain bona fide private benefit plans that

satisfy the requirements of Section 220 of the New York State Labor Law, may satisfy the above

benefit obligation with respect to those employees by providing those employees with coverage

under their private benefit plans (to the extent consistent with Section 220). The total benefit

payments to be made on behalf of each such employee must be equal to the total Section 220

supplement amount and any shortfall must be paid by cash supplement to the employee.

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2. A contractor that will satisfy its Section 220 obligations in accordance with

subsection 2(B)(1) above shall make available to the Agency at the time of contract award a

complete set of plan documents for each non-Schedule “A” benefit plan into which contributions

will be made and/or coverage provided pursuant to the provisions of Section 2(B)(l) above. The

Contractor shall also provide certification from a certified public accountant as to the annualized

hourly value of such benefits consistent with the requirements of Section 220.

3. The City shall verify that the alternate benefit plan(s), together with any cash

supplement to the employee, is compliant with Section 220 prior to awarding the Contractor a

contract covered by this Agreement. In the event the Contractor’s alternate benefit plan(s), together

with any cash supplement to the employee, is determined to be compliant with Section 220 and will

be utilized by the Contractor on behalf of Article 4, Section 2(B) and (C) Core Employees, the

Local Unions have no duty to enforce the Contractor’s obligations on the alternate benefit plan(s)

as they are not party to the alternate plan(s) or privy to the terms and conditions of the plan

obligations. In the event the City determines the alternate benefit plan(s), together with any cash

supplement to the employee, is not compliant with Section 220, the Contractor may, upon executing

a Letter of Assent, satisfy its obligations for all employees, including Core Employees, by

contributing to the Schedule “A” benefit plans in accordance with the terms of the Schedule “A”

agreements.

C. The Contractors agree to be bound by the written terms of the legally established

jointly trusteed Trust Agreements specifying the detailed basis on which payments are to be paid

into, and benefits paid out of, such Trust Funds but only with regard to Program Work done under

this Agreement and only for those employees to whom this Agreement requires such benefit

payments.

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D. 1. To the extent consistent with New York City’s Procurement Policy Board Rules

with respect to prompt payment, as published at www.nyc.gov/ppb, §4-06(e), and in consideration

of the unions’ waiver of their rights to withhold labor from a contractor or subcontractor delinquent

in the payment of fringe benefits contributions (“Delinquent Contractor”); the Agency agrees that

where any such union and/or fringe benefit fund shall notify the Agency, the General Contractor,

and the Delinquent Contractor in writing with back-up documentation that the Delinquent

Contractor has failed to make fringe benefit contributions to it as provided herein and the

Delinquent Contractor shall fail, within ten (10) calendar days after receipt of such notice, to furnish

either proof of such payment or notice that the amount claimed by the union and/or fringe benefit

fund is in dispute, the Agency shall withhold from amounts then or thereafter becoming due and

payable to the General Contractor an amount equal to that portion of such payment due to the

General Contractor that relates solely to the work performed by the Delinquent Contractor which

the union or fringe benefit fund claims to be due it, and shall remit the amount when and so withheld

to the fringe benefit fund and deduct such payment from the amounts then otherwise due and

payable to the General Contractor, which payment shall, as between the General Contractor and the

Agency, be deemed a payment by the Agency to the General Contractor; provided however, that in

any month, such withholding shall not exceed the amount contained in the General Contractor’s

monthly invoice for work performed by the Delinquent Contractor. The union or its employee

benefit funds shall include in its notification of delinquent payment of fringe benefits only such

amount it asserts the Delinquent Contractor failed to pay on the specific project against which the

claim is made and the union or its employee benefit funds may not include in such notification any

amount such Delinquent Contractor may have failed to pay on any other City or non-City project.
2. In addition, where a union or employee benefit fund gives notice to the City that a

Contractor is Delinquent as defined in subsection 2(D)(1) above and the City determines that the
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notice includes appropriate back-up documentation that the Contractor is delinquent, the City will

promptly, but not later than twenty (20) days after receipt of the notice, provide a copy of said

notice to City Agencies. In the event the City determines there is insufficient back-up

documentation, it will notify the appropriate union and/or fringe benefit fund promptly, but not later

than twenty (20) days after receipt of the Delinquency Notice, and shall include notice of what

additional documentation is requested. Any determination by the City that there is insufficient

back-up must be reasonable. This provision is intended to enhance compliance with the prevailing

wage law and this Agreement with respect to the payment of fringe benefits and is not intended as

a substitute for the resolution of a disputed claim pursuant to any applicable law or agreement.

The City and the relevant Agency(s) will thereafter require the Delinquent Contractor to

provide cancelled checks or other equivalent proof of payment of benefit contributions that have

come due, to be submitted with certified payroll reports for all Program Work covered by this

Agreement on which the Delinquent Contractor is engaged, for at least a one-year period or such

earlier period if the Contractor is ultimately determined not to be a Delinquent Contractor. Such

proof of payment when required is a condition of payment of the Delinquent Contractor’s invoices

by any entity, including, but not limited to, the City, the relevant Agency(s), Construction Manager,

General Contractor, the prime or higher level subcontractor, as is appropriate under the Delinquent

Contractor’s engagement. The union and the funds shall upon request receive copies of the certified

payrolls, cancelled checks, or other proof of payment from the City and/or the relevant Agency(s).

E. In the event the General Contractor or Delinquent Contractor shall notify the Agency

as above provided that the claim of the union or fringe benefit fund is in dispute, the Agency shall

withhold from amounts then or thereafter becoming due and payable to the General Contractor an

amount equal to that portion of such payment due to the General Contractor that relates solely to

the work performed by the Delinquent Contractor that the union and/or fringe benefit fund claims

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to be due it, pending resolution of the dispute pursuant to the union’s Schedule “A” agreement, and

the amount shall be paid to the party or parties ultimately determined to be entitled thereto, or held

until the Delinquent Contractor and union or employee benefit fund shall otherwise agree as to the

disposition thereof; provided however, that such withholding shall not exceed the amount contained

in the General Contractor’s monthly invoice for work performed by the Delinquent Contractor. In

the event the Agency shall be required to withhold amounts from a General Contractor for the

benefit of more than one fringe benefit fund, the amounts so withheld in the manner and amount

prescribed above shall be applied to or for such fund in the order in which the written notices of

nonpayment have been received by the Agency, and if more than one such notice was received on

the same day, proportionately based upon the amount of the union and/or fringe benefit fund claims

received on such day. Nothing herein contained shall prevent the Agency from commencing an

interpleader action to determine entitlement to a disputed payment in accordance with section one

thousand six of the civil practice law and rules or any successor provision thereto.

F. Payment to a fringe benefit fund under this provision shall not relieve the General

Contractor or Delinquent Contractor from responsibility for the work covered by the payment.

Except as otherwise provided, nothing contained herein shall create any obligation on the part of

the Agency to pay any union or fringe benefit fund, nor shall anything provided herein serve to

create any relationship in contract or otherwise, implied or expressed, between the union/fund

and/or fringe benefit and the Agency.

ARTICLE 12 - HOURS OF WORK, PREMIUM PAYMENTS, SHIFTS AND HOLIDAYS

SECTION 1. WORK WEEK AND WORKDAY

A. The standard work week shall consist of 40 hours of work at straight time rates,

Monday through Friday, 8 hours per day, plus ½ hour unpaid lunch period. The standard work

week may be reduced to 35 or 37 ½ hours of work at straight time rates, Monday to Friday, 7 or 7

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½ hours per day, plus ½ hour unpaid lunch period in those limited circumstances where the City

states in the bid documents that the Contractor will not be given access to the site to accommodate

an 8 hour day. The 8 hour, 7 ½ hour or 7-hour workday must be established at the commencement

of the project and may not be altered by the Contractor.

B. In accordance with project needs, there shall be flexible start times with advance

notice from Contractor to the Union. The Day Shift shall commence between the hours of 6:00

a.m. and 9:00 a.m. and shall end between the hours of 2:30 p.m. and 5:30 p.m., for an 8-hour day,

and up to 7:30 p.m. for a 10-hour day. The Evening Shift shall commence between the hours of

3:00 p.m. and 6:00 p.m., unless different times are necessitated by the Agency’s phasing plans on

specific projects. The Night Shift shall commence between the hours of 11:00 p.m. and 2:00 a.m.,

unless different times are necessitated by the Agency’s phasing plans on specific projects. Subject

to the foregoing, starting and quitting times shall occur at the Program Work site designated by the

Contractor.

C. Scheduling - Except as provided above, Monday through Friday is the standard work

week; 8 hours of work plus ½ hour unpaid lunch. Notwithstanding any other provision of this

Agreement, a Contractor may schedule a four-day work week, 10 hours per day (“4/10”) at straight

time rates, plus a ½ hour unpaid lunch, at the commencement of the job.

D. Notice - Contractors shall provide not less than 5 days prior notice to the Local

Union involved as to the work week and work hour schedules to be worked or such lesser notice as

may be mutually agreed upon.

SECTION 2. OVERTIME

Overtime shall be paid for any work (i) over an employee’s regularly scheduled work day,

i.e., work over eight (8) hours in a day where 5/8s is scheduled, work over ten (10) hours in a day

where 4/10s is scheduled, or work over seven (7) or seven and one half (7½) hours where such

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hours are scheduled pursuant to Article 12, section 1(A) and (ii) over forty (40) hours in a week, or

over thirty five (35) or thirty seven and one-half (37 ½) where such hours are scheduled pursuant

to Article 12, section 1(A). Overtime shall be paid at time and one half (1½) Monday through

Saturday. All overtime work performed on Sunday and Holidays will be paid pursuant to the

applicable Schedule “A”. There shall be no stacking or pyramiding of overtime pay under any

circumstances. There will be no restriction upon the Contractor’s scheduling of overtime or the

nondiscriminatory designation of employees who shall be worked, including the use of employees,

other than those who have worked the regular or scheduled work week, at straight time rates. The

Contractor shall have the right to schedule work so as to minimize overtime or schedule overtime

as to some, but not all, of the crafts and whether or not of a continuous nature.

SECTION 3. SHIFTS

A. Flexible Schedules - Scheduling of shift work, including Saturday and Sunday work,

shall be within the discretion of the Contractor in order to meet Program Work schedules and

existing Program Work conditions including the minimization of interference with the mission of

the Agency. It is not necessary to work a day shift in order to schedule a second or third shift, or a

second shift in order to schedule a third shift, or to schedule all of the crafts when only certain crafts

or employees are needed. Shifts must have prior approval of the Agency or Construction Manager

and must be scheduled with not less than five workdays’ notice to the Local Union or such lesser

notice as may be mutually agreed upon.

B. Second and/or Third Shifts - The second shift shall start between 3 p.m. and 6 p.m.

and the third shift shall start between 10 p.m. and 2 a.m., subject to different times necessitated by

the Agency phasing plans on specific projects. There shall be no reduction in shift hour work. With

respect to second and third shift work there shall be a 5% shift premium, or the rate required by the

applicable prevailing wage laws, whichever is less. No other premium or other payments for such

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work shall be required unless such work is in excess of the employee’s regularly scheduled work

week, i.e., forty (40) hours in the week or thirty five (35) or thirty seven and one half (37 ½) pursuant

to Article 12, Section 1(A). All employees within the same classification performing Program

Work will be paid at the same wage rate regardless of the shift or work, subject only to the foregoing

provisions.

C. Flexible Starting Times - Shift starting times will be adjusted by the Contractor as

necessary to fulfill Program Work requirements subject to the notice requirements of paragraph A.

SECTION 4. HOLIDAYS

A. Schedule - There shall be nine (9) recognized holidays on the project:

New Year’s Day

Martin Luther King Day President’s Day

Memorial Day Veteran’s Day

Labor Day Thanksgiving Day

Independence Day Christmas Day

All said holidays shall be observed on the calendar date except those holidays which occur

on Saturday shall be observed on the previous Friday and those that occur on Sunday shall be

observed on the following Monday.

B. Payment - Regular holiday pay, if any, for work performed on such a PLA

recognized holiday shall be in accordance with the applicable Schedule “A” for work performed on

a holiday, even where the PLA holiday differs from the CBA holidays.

C. Exclusivity - No holidays other than those listed in Section 4(A) above shall be

recognized or observed.

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SECTION 5. MAKE-UP DAYS

When severe weather, power failure, fire or natural disaster or other similar circumstances

beyond the control of the Contractor prevent work from being performed on a regularly scheduled

weekday, the Contractor may schedule a Saturday make-up day (or Friday make-up day in the case

of a 4/10 schedule) and such time shall be scheduled and paid as if performed on a weekday. Any

other Saturday work shall be paid at time and one-half (1½). The Contractor shall notify the Local

Union on the missed day or as soon thereafter as practicable if such a make-up day is to be worked.

SECTION 6. REPORTING PAY

A. Employees who report to the work location pursuant to their regular schedule and

who are not provided with work shall be paid two hours reporting pay at straight time rates. An

employee whose work is terminated early by a Contractor due to severe weather, power failure, fire

or natural disaster of for similar circumstances beyond the Contractor’s control, shall receive pay

only for such time as is actually worked. In other instances, in which an employee’s work is

terminated early (unless provided otherwise elsewhere in this Agreement), the employee shall be

paid for their full shift. Contractors shall not be permitted to call, text or email or voicemail

employees in advance of their regularly scheduled shift starting time to avoid reporting pay.

Notwithstanding the above, in the event that the National Weather Service issues a weather advisory

for the area in which the work location is situated, and the entire project is shut down as a result of

the Weather Advisory, the Contractor shall be permitted to speak to employees no less than four

(4) hours in advance of their shift starting time, unless the Local Union consents to a shorter notice

in writing, to advise them not to report to work due to the National Weather Service advisory, and

employees who are so notified shall not receive two (2) hours reporting pay if they report to the

work location. The Contractor shall make every effort to notify each employee directly and confirm

that notification has been received. Voice, text, and email messages left for employees without

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confirmation of delivery and receipt by employee do not constitute sufficient notice under this

provision.

B. When an employee, who has completed their scheduled shift and left the Program

Work site, is “called out” to perform special work of a casual, incidental or irregular nature, the

employee shall receive overtime pay at the rate of time and one-half of the employee’s straight time

rate for hours actually worked.

C. When an employee leaves the job or work location of their own volition or is

discharged for cause or is not working as a result of the Contractor’s invocation of Section 7 below,

they shall be paid only for the actual time worked.

D. Except as specifically set forth in this Article there shall be no premiums, bonuses,

hazardous duty, high time or other special premium payments or reduction in shift hours of any

kind.

E. There shall be no pay for time not actually worked except as specifically set forth in

this Article and except where an applicable Schedule “A” requires a full weeks’ pay for forepersons.

SECTION 7. PAYMENT OF WAGES

A. Termination - Employees who are laid off or discharged for cause shall be paid in

full for that which is due them at the time of termination. The Contractor shall also provide the

employee with a written statement setting forth the date of lay off or discharge.

SECTION 8. EMERGENCY WORK SUSPENSION

A Contractor may, if considered necessary for the protection of life and/or safety of

employees or others, suspend all or a portion of Program Work. In such instances, employees will

be paid for actual time worked, except that when a Contractor requests that employees remain at

the job site available for work, employees will be paid for that time at their hourly rate of pay.

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SECTION 9. INJURY/DISABILITY

An employee who, after commencing work, suffers a work-related injury or disability while

performing work duties, shall receive no less than a full day’s pay in accordance with the

employee’s regularly scheduled workday under Article 12, Section (1)(A). Further, the employee

shall be rehired at such time as able to return to duties provided there is still Program Work available

for which the employee is qualified and able to perform.

SECTION 10. TIME KEEPING

A Contractor may utilize systems to check employees in and out. Each employee must check

in and out and sign a daily sign-in sheet, or other attendance methodology approved in writing by

the Agency(s). The Contractor will provide adequate facilities for checking in and out in an

expeditious manner.

SECTION 11. MEAL PERIOD

A Contractor shall schedule an unpaid period of not more than 1/2-hour duration at the work

location between the 3rd and 5th hour of the scheduled shift. A Contractor may, for efficiency of

operation, establish a schedule which coordinates the meal periods of two or more crafts, or which

provides for staggered lunch periods within a craft or trade. If an employee is required to work

through the meal period, the employee shall be compensated in a manner established in the

applicable Schedule “A”.

SECTION 12. BREAK PERIODS

There will be no rest periods, organized coffee breaks or other non-working time established

during working hours. Individual coffee containers will be permitted at the employee’s work

location. Where 4/10s are being worked there shall be a morning and an afternoon coffee break.

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ARTICLE 13 - APPRENTICES AND WORKFORCE DEVELOPMENT

SECTION 1. APPRENTICE RATIOS AND REFERRALS

A. Recognizing the need to maintain continuing supportive programs designed to

develop adequate numbers of competent workers in the construction industry and to provide craft

entry opportunities for minorities, women and economically disadvantaged non-minority males,

Contractors will employ apprentices in their respective crafts to perform such work as is within

their capabilities and which is customarily performed by the craft in which they are indentured.

Contractors may utilize apprentices and such other appropriate classifications in the maximum ratio

permitted by the New York State Department of Labor (“NYSDOL”) or the maximum allowed per

trade. Apprentices and such other classifications as are appropriate shall be employed in a manner

consistent with the provisions of the appropriate Schedule “A” agreement. The parties encourage,

as an appropriate source of apprentice recruitment consistent with the rules and operations of the

affiliated unions’ apprentice-programs, the use of the Edward J. Malloy Initiative for Construction

Skills, Non-Traditional Employment for Women, New York Helmets to Hardhats, and Pathways

to Apprenticeship (P2A). Should a Contractor request that apprentices be provided for Program

Work, the referring Local Union shall comply with that request so long as it is consistent with the

maximum ratios permitted by NYSDOL.

SECTION 2. WORKFORCE DEVELOPMENT

A. The parties to this Agreement recognize the mutual interest in increasing training

and career opportunities for Program Hires. The parties are committed to (i) increasing

opportunities for Program Hires in these zip codes in pre-apprenticeship and apprenticeship

programs, and (ii) using the work opportunities provided by this Agreement to increase the career

opportunities for qualified Program Hires, and (iii) to assure the continued availability of a skilled

and qualified, readily available construction workforce for this program and future work. The

parties agree to the Workforce Development Program set forth in Exhibit “D”.
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B. Specifically, the parties have established an initiative entitled HireNYC

Construction Careers, which is an initiative to advance career opportunities for Program Hires.

C. The HireNYC Construction Careers initiative will work with the Mayor’s Office

of Workforce Development (“WKDEV”) and its Workforce1 Centers to recruit Program Hires

interested in employment in the construction industry.

D. HireNYC Construction Careers intends to capitalize on the work opportunities

presented by this Agreement to create a pathway to career opportunities in the construction

workforce. To this end the HireNYC Construction Careers initiative includes a workforce goal

of at least 30% of all hours worked under this Agreement, including by subcontractors pursuant

to Article 3, Section 1(B)(12), to be worked by workers residing within the specified zip codes or

NYCHA housing. In order to encourage recruitment of new workers, HireNYC Construction

Careers has established a goal that at least 30% of all of those hours are to be worked by

apprentices from those zip codes or NYCHA housing.

E. The Contractors and Unions agree to cooperate and participate in the

implementation of HireNYC Construction Careers to assist Program Hires with educational and

training opportunities related to access to pre-apprenticeship, apprenticeship, and project work as

set forth in this Agreement.

F. Reporting Requirements:

i. The Contractors shall report the residence zip code information on all

certified payroll reports.

ii. The Local Unions, their referral systems, the affiliated pre-apprentice

programs, and Contractors shall cooperate with any protocol developed for

monitoring the HireNYC Construction Careers initiative.

iii. The Local Unions shall provide the WKDEV copies of the following

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reports when such reports are submitted to NYSDOL: Apprentice Training

Recruitment Notification and Minimum Qualifications (AT 505), Apprentice

Training Program Affirmative Action Plan (AT 603), Apprenticeship Agreement

(AT 401), or such alternate reporting system as the parties may negotiate during

the term of this Agreement.

G. The City and BCTC agree that no less than annually, the LMC shall review the

implementation of HireNYC Construction Careers, as well as Program Hire opportunities

afforded as a result of the initiative. The City and BCTC will collaborate to develop monitoring

protocol for the purpose of measuring the success of HireNYC Construction Careers. The City

and BCTC may, on mutual consent, modify the goals, procedures and protocols, as necessary to

afford continued opportunity to Program Hires.

H. To facilitate the commitments set forth in this Agreement, each Local Union shall

designate a HireNYC Construction Careers lead representative to work in partnership with

WKDEV to implement these workforce and apprenticeship provisions within the union and across

City construction contracts.

ARTICLE 14 - SAFETY PROTECTION OF PERSON AND PROPERTY

SECTION 1. SAFETY REQUIREMENTS

Each Contractor will ensure that applicable OSHA and safety requirements are at all times

maintained on the Program Work site and the employees and Unions agree to cooperate fully with

these efforts to the extent consistent with their rights and obligations under the law. Employees

will cooperate with employer safety policies and will perform their work at all times in a safe

manner and protect themselves and the property of the Contractor and Agency from injury or harm,

to the extent consistent with their rights and obligations under the law. Failure to do so will be

grounds for discipline, including discharge. The Construction Manager and/or Contractor may

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adopt, and the Unions shall agree to, the Drug and Alcohol Testing Policy attached as Schedule

“B”.

SECTION 2. CONTRACTOR RULES

Employees covered by this Agreement shall at all times be bound by the reasonable safety,

security, and visitor rules as established by the Contractors and the Construction Manager for

Program Work. Such rules will be published and posted in conspicuous places throughout the

Program Work sites. Any site security and access policies established by the Construction Manager

or General Contractor intended for specific application to the construction workforce for Program

Work and that are not established pursuant to an Agency directive shall be implemented only after

notice to the BCTC and its affiliates and an opportunity for negotiation and resolution by the Labor

Management Committee.

SECTION 3. INSPECTIONS

The Contractors and Construction Manager retain the right to inspect incoming shipments

of equipment, apparatus, machinery and construction materials of every kind.

ARTICLE 15 - TEMPORARY SERVICES

SECTION 1.

Temporary services, i.e. all temporary heat, climate control, water, power and light, shall

only be required upon the determination of the Agency or Construction Manager, and when used

shall be staffed and assigned to the appropriate trade(s) with jurisdiction. Temporary services shall

be provided by the appropriate Contractors’ existing employees during working hours in which a

shift is scheduled for employees of the Contractor. The Agency or Construction Manager may

determine the need for temporary services requirements during non-working hours, and when used

shall be staffed and assigned to the appropriate trades(s), and which may be limited to one person

per applicable trade where practicable. There shall be no stacking of trades on temporary services,

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provided this does not constitute a waiver of primary trade jurisdiction. In the event a temporary

system component is claimed by multiple trades, the matter shall be resolved through the New York

Plan for Jurisdictional Disputes.

ARTICLE 16 - NO DISCRIMINATION
SECTION 1. COOPERATIVE EFFORTS

The Contractors and Unions agree that they will not discriminate against any employee or

applicant for employment because of creed, race, color, religion, sex, sexual orientation, national

origin, marital status, citizenship status, disability, gender identity, age or any other status provided

by law, in any manner prohibited by law or regulation.

SECTION 2. LANGUAGE OF AGREEMENT

Any words signifying any gender shall be interpreted to mean any or all gender identities.

ARTICLE 17 - GENERAL TERMS

SECTION 1. PROJECT RULES

A. The Construction Manager and the Contractors shall establish such reasonable

Program Work rules that are not inconsistent with this Agreement or rules common in the industry

and are reasonably related to the nature of work. These rules will be explained at the pre-job

conference and posted at the Program Work sites and may be amended thereafter as necessary.

Notice of amendments will be provided to the appropriate Local Union. Failure of an employee to

observe these rules and regulations shall be grounds for discipline, including discharge. The fact

that no order was posted prohibiting a certain type of misconduct shall not be a defense to an

employee disciplined or discharged for such misconduct when the action taken is for cause.

B. The parties adopt and incorporate the BCTC’s Standards of Excellence as annexed

hereto as Exhibit “B”.

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SECTION 2. TOOLS OF THE TRADE

The welding/cutting torch and chain fall are tools of the trade having jurisdiction over the

work performed. Employees using these tools shall perform any of the work of the trade. There

shall be no restrictions on the emergency use of any tools or equipment by any qualified employee

or on the use of any tools or equipment for the performance of work within the employee’s

jurisdiction.

SECTION 3. SUPERVISION

Employees shall work under the supervision of the craft foreperson or general foreperson.

SECTION 4. TRAVEL ALLOWANCES

There shall be no payments for travel expenses, travel time, subsistence allowance or other

such reimbursements or special pay except as expressly set forth in this Agreement.

SECTION 5. FULL WORKDAY

Employees shall be at their work area at the starting time established by the Contractor,

provided they are provided access to the work area. The signatories reaffirm their policy of a fair

day’s work for a fair day’s wage.

SECTION 6. COOPERATION AND WAIVER

The Construction Manager, Contractors and the Unions will cooperate in seeking any

NYSDOL, or any other government, approvals that may be needed for implementation of any terms

of this Agreement. In addition, the Council, on their own behalf and on behalf of its participating

affiliated Local Unions and their individual members, intend the provisions of this Agreement to

control to the greatest extent permitted by law, notwithstanding contrary provisions of any

applicable prevailing wage, or other, law and intend this Agreement to constitute a waiver of any

such prevailing wage, or other, law to the greatest extent permissible only for work within the scope

of this Agreement, including specifically, but not limited to those provisions relating to shift, night,

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and similar differentials and premiums. This Agreement does not, however, constitute a waiver or

modification of the prevailing wage schedules applicable to work not covered by this Agreement.

ARTICLE 18 - SAVINGS AND SEPARABILITY

SECTION 1. THIS AGREEMENT

In the event that the application of any provision of this Agreement is enjoined, on either an

interlocutory or permanent basis, or is otherwise determined to be in violation of law, or if such

application may cause the loss of project funding or any New York State Labor Law exemption for

all or any part of the Program Work, the provision or provisions involved (and/or its application to

particular Program Work, as necessary) shall be rendered, temporarily or permanently, null and

void, but where practicable the remainder of the Agreement shall remain in full force and effect to

the extent allowed by law (and to the extent no funding or exemption is lost), unless the part or

parts so found to be in violation of law or to cause such loss are wholly inseparable from the

remaining portions of the Agreement and/or are material to the purposes of the Agreement. In the

event a court of competent jurisdiction finds any portion of the Agreement to trigger the foregoing,

the parties will immediately enter into negotiations concerning the substance affected by such

decision for the purpose of achieving conformity with the court determination and the intent of the

parties hereto for contracts to be let in the future.

SECTION 2. THE BID SPECIFICATIONS

In the event that the Agency’s (or Construction Manager’s) bid specifications, or other

action, requiring that a successful bidder (and subcontractor) become signatory to this Agreement

is enjoined, on either an interlocutory or permanent basis, or is otherwise determined to be in

violation of law, or may cause the loss of project funding or any New York State Labor Law

exemption for all or any part of the Program Work, such requirement (and/or its application to

particular Program Work, as necessary) shall be rendered, temporarily or permanently, null and

void, but where practicable the Agreement shall remain in full force and effect to the extent allowed
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by law and to the extent no funding or exemption is lost In such event, the Agreement shall remain

in effect for contracts already bid and awarded or in construction only where the Agency and

Contractor voluntarily accepts the Agreement. The parties will enter into negotiations as to

modifications to the Agreement to reflect the court or other action taken and the intent of the parties

for contracts to be let in the future.

SECTION 3. NON-LIABILITY

In the event of an occurrence referenced in Section 1 or Section 2 of this Article, neither the

Agency, the Construction Manager, any Contractor, nor any Union shall be liable, directly or

indirectly, for any action taken, or not taken, to comply with any court order or injunction, other

determination, or in order to maintain funding or a New York State Labor Law exemption for

Program Work. Bid specifications will be issued in conformance with court orders then in effect

and no retroactive payments or other action will be required if the original court determination is

ultimately reversed.

SECTION 4. NON-WAIVER

Nothing in this Article shall be construed as waiving the prohibitions of Article 7 as to

signatory Contractors and signatory Unions.

ARTICLE 19 - FUTURE CHANGES IN SCHEDULE “A” AREA CONTRACTS

SECTION 1. CHANGES TO AREA CONTRACTS

A. Schedule “A” to this Agreement shall continue in full force and effect until the

Contractor and/or Union parties to the Area CBAs that are the basis for the Schedule “A” notify the

Mayor’s Office of Contract Services (“MOCS”), Agency and Construction Manager in writing by

providing a copy of the updated CBA(s) incorporating the changes agreed to in that Area CBA

which are applicable to work covered by this Agreement and their effective dates.

B. It is agreed that any provisions negotiated into Schedule “A” CBAs will not apply

to work under this Agreement if such provisions are less favorable to those uniformly required of
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contractors for construction work normally covered by those agreements; nor shall any provision

be recognized or applied on Program Work if it may be construed to apply exclusively, or

predominantly, to work covered by this Agreement.

C. Any disagreement between signatories to this Agreement over the incorporation into

Schedule “A” of provisions agreed upon in the renegotiation of Area CBAs shall be resolved in

accordance with the procedure set forth in Article 9 of this Agreement.

SECTION 2. LABOR DISPUTES DURING AREA CONTRACT NEGOTIATIONS

The Unions agree that there will be no strikes, work stoppages, sympathy actions, picketing,

slowdowns or other disruptive activity or other violations of Article 7 affecting the Program Work

by any Local Union involved in the renegotiation of Area Local CBAs nor shall there be any lock-

out on such Program Work affecting a Local Union during the course of such renegotiations.

ARTICLE 20 - WORKERS’ COMPENSATION ADR

SECTION 1.

An Alternative Dispute Resolution (“ADR”) program may be negotiated and participation

in the ADR program will be optional by trade.

ARTICLE 21 - HELMETS TO HARDHATS

SECTION 1.

The Contractors and the Unions recognize a desire to facilitate the entry into the building

and construction trades of veterans who are interested in careers in the building and construction

industry. The Contractors and Unions agree to utilize the services of the New York City Helmets

to Hardhats Program (“H2H”) to serve as a resource for preliminary orientation, assessment of

construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring,

support network, employment opportunities and other needs as identified by the parties.

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SECTION 2.

The Unions and Contractors agree to coordinate with H2H to create and maintain an

integrated database of veterans interested in working on this project and of apprenticeship and

employment opportunities for this project. To the extent permitted by law, the Unions will give

credit to such veterans for bona fide, provable past experience.

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LIST OF SIGNATORY UNIONS

International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths,

Forgers and Helpers, AFL-CIO, Local Lodge No.5
Bricklayers and Allied Craftworkers, Local Union No. 1
Building Concrete & Excavating Laborers, Local Union No. 731
N.Y.C. and Vicinity District Council of Carpenters
Cement Masons, Local Union No. 780
Concrete Workers District Council No. 16
Asbestos, Lead & Hazardous Waste, Laborers Local Union No. 78
Construction & General Building Laborers Local Union No. 79
Derrickmen and Riggers Local Union No. 197
International Brotherhood of Electrical Workers, Local Union No. 3
International Union of Elevator Constructors, Local Union No. 1
Heat & Frost Insulators & Allied Workers, Local Union No. 12
Heat & Frost Insulators & Allied Workers, Local Union No. 12A
Pavers & Road Builders, Laborers Local Union No. 1010
New York State Iron Workers District Council
Structural Iron Workers, Local Union No. 40
Structural Iron Workers, Local Union No. 361
Mason Tenders District Council
Metallic Lathers & Reinforcing Ironworkers, Local No. 46
Ornamental Iron Workers, Local Union No. 580
Glaziers No. 1087, District Council 9
Painters, District Council No. 9
Metal Polishers, Local Union No. 8A-28A; District Council No. 9
Drywall Tapers Local Union No 1974, District Council 9
Bridge & Structural Steel Painters, Local Union No. 806, District Council 9
Operative Plasterers Local Union No. 262
UA Plumbers Local Union No. 1
Private Sanitation, Teamsters Local Union No. 813
Roofers & Waterproofers, Local Union No. 8
Sheet Metal Workers, Local Union No. 28
Sheet Metal Workers, Local Union No. 137
UA Steamfitters, Local Union No. 638
Teamsters, Local Union No. 282
Tile, Marble & Terrazzo, B.A.C. Local Union No. 7
 2020 NYC AGENCY RENOVATION PROJECT LABOR AGREEMENT

SCHEDULE “A” - CBAs

Union Current Agreement w/

Architectural and Ornamental Iron Workers
Allied Building Metal Industries, Inc.
Local Union 580, AFL-CIO
Building, Concrete, Excavating & Common
Independent
Laborers Local 731
Building, Concrete, Excavating & Common Members of the General Contractors
Laborers Local 731 Association of New York, Inc.
Bricklayers Local 1 of the International Union of
Independent
Bricklayers and Allied Craftworkers
District Council No. 9, I.U.P.A.T Glaziers Local
Window and Plate Glass Dealers Association
1087

Drywall Tapers and Painters Local 1974,

affiliated with International Union of Painters &
Allied Trades and Drywall Taping Contractor's Independent
Association & Association of Wall-Ceiling &
Carpentry Industries NY, Inc.

Enterprise Association of Steamfitters and Mechanical Contractors Association of NY,

Apprentices Local 638 Inc.
Enterprise Association of Steamfitters and
Independent
Apprentices Local 638

Elevator Constructors Local 1 of NY and NJ ThyssenKrupp Elevator Corporation

Elevator Constructors Local 1 of NY and NJ Independent

Highway Road and Street Laborers Local Union

1010 of the District Council of Pavers and Road
Independent
Builders of the Laborers' International Union of
North America AFL-CIO

Highway Road and Street Laborers Local Union

1010 of the District Council of Pavers and Road Member of the General Contractors
Builders of the Laborers' International Union of Association of New York, Inc.
North America AFL-CIO

International Association of Heat and Frost

Insulators and Allied Workers Local No. 12 of Independent
New York City

International Association of Heat and Frost

The Insulation Contractors Association of
Insulators and Allied Workers Local No. 12 of
New York City, Inc.
New York City

International Association of Heat and Frost

Insulators and Allied Workers Local No. 12A of Independent
New York City

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International Association of Heat and Frost

Insulators and Allied Workers Local No. 12A of Environmental Contractors Association, Inc.
New York City

International Brotherhood of Boilermakers, Iron

Boilermakers Association of Greater New
Ship Builders, Blacksmiths, Forgers and Helpers,
York
AFL-CIO, Local Lodge No. 5

Local Union No. 3 International Brotherhood of

New York Electrical Contractors Association
Electrical Workers, AFL-CIO

International Brotherhood of Teamsters, Local Building Contractors Association &

282, High Rise Contract Independents

Local 46 Metallic Lathers Union and Reinforcing

Iron Workers of NY and Vicinity of the
Cement League
International Association of Bridge, Structural,
Ornamental and Reinforcing Iron Workers

Local 46 Metallic Lathers Union and Reinforcing

Iron Workers of NY and Vicinity of the
Independent
International Association of Bridge, Structural,
Ornamental and Reinforcing Iron Workers

Roofing and Waterproofing Contractors

Local 8 Roofers, Waterproofers & Allied Workers
Association of New York and Vicinity

Local Union 1 of the United Association of

Association of Contracting Plumbers of the
Journeymen and Apprentices of the Pipe Fitting
City of New York
Industry of the United States and Canada

Local Union Number 40 & 361 of Bridge,

Structural Ornamental and Reinforcing Iron Independent
Workers AFL-CIO

Mason Tenders DC & Laborers’ International

Building Contractors Association
Union – Local 78 & 79

Mason Tenders DC & Laborers’ International

Interior Demolition Contractors Association
Union – Local 78 & 79

Mason Tenders DC & Laborers’ International

Independent
Union – Local 78 & 79

Mason Tenders DC & Laborers’ International

NYCDCA
Union – Local 78 & 79

Mason Tenders DC & Laborers’ International

Environmental Contractors Association
Union – Local 78 & 79

Mason Tenders DC & Laborers’ International

ABMC
Union – Local 78 & 79

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Operative Plasterers’ and Cement Masons’

Independent
International Association Local No. 262

Painters and Allied Trades AFL-CIO, District

Council No. 9 (Painting and Protective Coatings Independent
CBA)

The Association of Master Painters &

Painters and Allied Trades AFL-CIO, District Decorators of NY, Inc. and The Association of
Council No. 9 (Painting and Protective Coatings Wall, Ceiling & Carpentry Industries of NY,
CBA) Inc. and The Window and Plate Glass Dealers
Association

Sheet Metal Workers’ International Association, Sheet Metal & Air Conditioning Contractors
Local 28 Association of New York City, Inc.

Sheet Metal Workers’ International Association,

The Greater New York Sign Association
Local 137

Structural Steel and Bridge Painters Local 806,

New York Structural Steel Painting
DC 9 International Union of Painters and Allied
Contractors Association
Trades, AFL-CIO

Teamsters Local 813 Independent

Teamsters Local 813 IESI NY Corporation

The Cement Masons' Union, Local 780 Cement League

The District Council of Cement and Concrete

Workers (comprised of Local 6A; Local 18A and Cement League
Local 20)

The District Council of Cement and Concrete

Workers (comprised of Local 6A; Local 18A and Independent
Local 20)

The District Council of New York City and

Vicinity of the United Brotherhood of Carpenters GCA
and Joiners of America for Heavy Carpenters

The District Council of New York City and

Vicinity of the United Brotherhood of Carpenters
Concrete Contractors of NY
and Joiners of America for Dockbuilders Local No.
1556

The District Council of New York City and

Vicinity of the United Brotherhood of Carpenters
Independent
and Joiners of America for Dockbuilders Local
1556

The District Council of New York City and

Vicinity of the United Brotherhood of Carpenters Independent
and Joiners of America for Millwright Local 740

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The District Council of New York City and

Vicinity of the United Brotherhood of Carpenters Independent
and Joiners of America for Timbermen Local 1556

The District Council of New York City and

Vicinity of the United Brotherhood of Carpenters GCA
and Joiners of America for Timbermen Local 1556

The District Council of New York City and

Vicinity of the United Brotherhood of Carpenters Independent
and Joiners of America for Heavy Carpenters

The District Council of New York City and

Manufacturing Woodworkers Association of
Vicinity of the United Brotherhood of Carpenters
Greater New York Incorporated
and Joiners of America for Carpenters

The District Council of New York City and

The Hoisting Trade Association of New York,
Vicinity of the United Brotherhood of Carpenters
Inc.
and Joiners of America

The District Council of New York City and

Vicinity of the United Brotherhood of Carpenters The Test Boring Association
and Joiners of America

The District Council of New York City and

Vicinity of the United Brotherhood of Carpenters Building Contractors Association
and Joiners of America

The District Council of New York City and

The Association of Wall-Ceiling & Carpentry
Vicinity of the United Brotherhood of Carpenters
Industries of New York, Incorporated
and Joiners of America

The District Council of New York City and

Vicinity of the United Brotherhood of Carpenters The Cement League
and Joiners

The District Council of NYC and Vicinity of the

United Brotherhood of Carpenters and Joiners of New York City Millwright Association
America

The District Council of New York City and

Vicinity of the United Brotherhood of Carpenters Greater New York Floor Covering Association
and Joiners

The District Council of New York City and

Vicinity of the United Brotherhood of Carpenters Association of Architectural Metal & Glass
and Joiners of America for Carpenters

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The District Council of New York City and

Vicinity of the United Brotherhood of Carpenters Concrete Contractors of NY
and Joiners of America for Carpenters

The District Council of New York City and

Vicinity of the United Brotherhood of Carpenters
Independent
and Joiners of America for Building Construction
Carpenters

The District Council of New York City and

Vicinity of the United Brotherhood of Carpenters Independent
and Joiners of America for Local 2287

The District Council of New York City and

Vicinity of the United Brotherhood of Carpenters Independent
and Joiners of America for Shop Carpenters

The Tile Setters and Tile Finishers Union of New

The Greater New York and New Jersey
York and New Jersey, Local 7 of the International
Contractors Association
Bricklayers and Allied Craftworkers

United Derrickmen & Riggers Association, Local

Contracting Stonesetters Association Inc.
197 of NY, LI, Westchester & Vicinity

United Derrickmen & Riggers Association Local Building Stone and Pre-cast Contractors
197 of NY, LI, Westchester and Vicinity Association

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Exhibit A
Project Labor Agreement - Letter of Assent

Dear: ______________

The undersigned party confirms that it agrees to be a party to and be bound by the New York Agency, Project
Labor Agreement as such Agreement may, from time to time, be amended by the parties or interpreted
pursuant to its terms. The terms of the Project Labor Agreement, its Schedules, Addenda and Exhibits are
hereby incorporated by reference herein.

The undersigned, as a Contractor or Subcontractor (hereinafter Contractor) on the Project known as the NYC
Agency Renovation and located at _________________________ (hereinafter PROJECT), for and in
consideration of the award to it of a contract to perform work on said PROJECT, and in further consideration
of the mutual promises made in the Project Labor Agreement, a copy of which was received and is
acknowledged, hereby:

(1) Accepts and agrees to be bound by the terms and conditions of the Agreement, together with
any and all schedules; amendments and supplements now existing or which are later made
thereto:
(2) Agrees to be bound by the legally established collective bargaining agreements; local trust
agreements for employee benefit funds; and trust documents for joint apprentice programs
as well as apprentice program rules and procedures but only to the extent of Program Work
and as required by the PLA.
(3) Authorizes the parties to such local trust agreements to appoint trustees and successor
trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed
as if made by the Contractor but only to the extent of Program Work as required by the PLA.
(4) Certifies that it has no commitments or agreements that would preclude its full and complete
compliance with the terms and conditions of said Agreement. The Contractor agrees to
employ labor that can work in harmony with all other labor on the Project and shall require
labor harmony from every lower tier subcontractor it has engaged or may engage to work
on the Project. Labor harmony disputes/issues shall be subject to the Labor Management
Committee provisions.
(5) Agrees to secure from any Contractor(s) (as defined in said Agreement) which is or becomes
a Subcontractor (of any tier), to it, a duly executed Agreement to be Bound in from identical
to this document.

Provide description of the Work, identify craft jurisdiction(s) and all contract numbers below:

Local Union: ___________________________________________________________________

Description of Work: _____________________________________________________________

______________________________________________________________________________

Contract Number(s): _____________________________________________________________

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Dated: ________________________
(Name of Contractor or subcontractor)

________________________________ ______________________________
(Name of CM; GC; Contractor or (Authorized Officer & Title)
Higher Level Subcontractor)
_______________________________
(Address)
______________________________
(Signature)
_______________________________
(Phone) (Fax)

Contractor’s State License

#______________________________

Sworn to before me this

____ day of ______________,

________________________
Notary Public

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Exhibit B

NEW YORK CITY BUILDING AND CONSTRUCTION TRADES COUNCIL

STANDARDS OF EXCELLENCE

The purpose of this Standard of Excellence is to reinforce the pride of every construction
worker and the commitment to be the most skilled, most productive and safest workforce available
to construction employers and users in the City of New York. It is the commitment of every
affiliated local union to use our training and skills to produce the highest quality work and to
exercise safe and productive work practices.

The rank and file members represented by the affiliated local unions acknowledge and adopt
the following standards:

 Provide a full day’s work for a full days pay;

 Safely work towards the timely completion of the job;
 Arrive to work on time and work until the contractual quitting time;
 Adhere to contractual lunch and break times;
 Promote a drug and alcohol free work site;
 Work in accordance with all applicable safety rules and procedures;
 Allow union representatives to handle job site disputes and grievances without resort to
slowdowns, or unlawful job disruptions;
 Respect management directives that are safe, reasonable and legitimate;
 Respect the rights of co-workers;
 Respect the property rights of the owner, management and contractors.

The Unions affiliated with the New York City Building and Construction Trades Council
will expect the signatory contractors to safely and efficiently manage their jobs and the unions see
this as a corresponding obligation of the contractors under this Standard of Excellence. The
affiliated unions will expect the following from its signatory contractors:

 Management adherence to the collective bargaining agreements;

 Communication and cooperation with the trade foremen and stewards;
 Efficient, safe and sanitary management of the job site;
 Efficient job scheduling to mitigate and minimize unproductive time;
 Efficient and adequate staffing by properly trained employees by trade;
 Efficient delivery schedules and availability of equipment and tools to ensure efficient job
progress;
 Ensure proper blueprints, specifications and layout instructions and material are available in a
timely manner
 Promote job site dispute resolution and leadership skills to mitigate such disputes;
 Treatment of all employees in a respectful and dignified manner acknowledging their
contributions to a successful project.

The affiliated unions and their signatory contractors shall ensure that both the rank and file members
and the management staff shall be properly trained in the obligations undertaken in the Standard of
Excellence.

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Exhibit “C” - HireNYC Construction Careers

(August 2020 version)
Non-exhaustive list of zip codes where at least 15% of the individuals are below the federal poverty rate
(Zip codes within ~100 mile radius of NYC)
Zip Code Borough Neighborhood
10001 Manhattan Midtown South
10002 Manhattan Chinatown
10009 Manhattan East Village
10025 Manhattan Manhattan Valley
10026 Manhattan Central Harlem
10027 Manhattan Manhattanville
10029 Manhattan East Harlem
10030 Manhattan Central Harlem
10031 Manhattan Hamilton Heights
10032 Manhattan Inwood and Washington Heights
10033 Manhattan Washington Heights
10034 Manhattan Inwood
10035 Manhattan East Harlem
10037 Manhattan Central Harlem
10038 Manhattan Lower Manhattan
10039 Manhattan Central Harlem
10040 Manhattan Inwood and Washington Heights
10301 Staten Island St. George
10302 Staten Island Port Richmond
10303 Staten Island Mariner's Harbor
10304 Staten Island Stapleton
10310 Staten Island West Brighton
10451 Bronx Concourse Village
10452 Bronx High Bridge
10453 Bronx University Heights
10454 Bronx Mott Haven
10455 Bronx Longwood
10456 Bronx Melrose
10457 Bronx Central Bronx
10458 Bronx Bedford Park
10459 Bronx Morrisania
10460 Bronx East Tremont
10462 Bronx Parkchester
10463 Bronx Kingsbridge
10466 Bronx Wakefield
10467 Bronx Norwood
10468 Bronx Bronx Park and Fordham
10472 Bronx Unionport
10473 Bronx Soundview
10474 Bronx Hunts Point

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PLA Exhibit C - HireNYC Construction Careers
(August 2020 version)
Non-exhaustive list of zip codes where at least 15% of the individuals are below the federal poverty rate
(Zip codes within ~100 mile radius of NYC)

Zip Code Borough Neighborhood

11101 Queens Long Island City
11102 Queens Northwest Queens
11106 Queens Ravenswood
11203 Brooklyn East Flatbush
11204 Brooklyn Borough Park
11205 Brooklyn Fort Greene
11206 Brooklyn East Williamsburg
11207 Brooklyn East New York
11208 Brooklyn East New York / Cypress Hills
11211 Brooklyn Williamsburg
11212 Brooklyn Brownsville
11213 Brooklyn Crown Heights
11214 Brooklyn Bensonhurst
11216 Brooklyn Central Brooklyn
11218 Brooklyn Kensington
11219 Brooklyn Borough Park
11220 Brooklyn Sunset Park
11221 Brooklyn Bushwick
11223 Brooklyn Gravesend
11224 Brooklyn Coney Island
11225 Brooklyn Prospect Lefferts Gardens
11226 Brooklyn Prospect Park South
11230 Brooklyn Midwood
11232 Brooklyn Sunset Park
11233 Brooklyn Ocean Hill
11235 Brooklyn Brighton Beach
11237 Brooklyn Bushwick and Williamsburg
11239 Brooklyn Starrett City
11354 Queens Downtown Flushing
11355 Queens Queensboro Hill
11368 Queens South Corona
11369 Queens East Elmhurst
11373 Queens Elmhurst
11416 Queens Southwest Queens
11417 Queens Ozone Park
11418 Queens Richmond Hill
11430 Queens Ozone Park
11432 Queens Jamaica Center
11433 Queens South Jamaica
11435 Queens Briarwood
11691 Queens Far Rockaway
11692 Queens Arverne

Data Source: 2013-2017 American Community Survey 5-year estimates

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PLA Exhibit C - HireNYC Construction Careers
(August 2020 version)
Non-exhaustive list of zip codes where at least 15% of the individuals are below the federal poverty rate
(Zip codes within ~100 mile radius of NYC)

Zip Code State City or Town

06401 CT Ansonia
06510 CT New Haven
06511 CT New Haven
06513 CT New Haven
06515 CT New Haven
06519 CT New Haven
06604 CT Bridgeport
06605 CT Bridgeport
06607 CT Bridgeport
06608 CT Bridgeport
06610 CT Bridgeport
06702 CT Waterbury
06704 CT Waterbury
06705 CT Waterbury
06706 CT Waterbury
06708 CT Waterbury
06710 CT Waterbury
06810 CT Danbury
07002 NJ Bayonne
07017 NJ East Orange
07018 NJ East Orange
07022 NJ Fairview
07026 NJ Garfield
07029 NJ Harrison
07047 NJ North Bergen
07050 NJ Orange
07055 NJ Passaic
07060 NJ Plainfield
07062 NJ Plainfield
07087 NJ Union City
07093 NJ West New York
07102 NJ Newark
07103 NJ Newark
07104 NJ Newark
07105 NJ Newark
07106 NJ Newark
07107 NJ Newark
07108 NJ Newark
07111 NJ Irvington
07112 NJ Newark
07114 NJ Newark
07201 NJ Elizabeth
07202 NJ Elizabeth
07206 NJ Elizabethport
07208 NJ Elizabeth
07304 NJ Jersey City
07305 NJ Jersey City
07306 NJ Jersey City
07307 NJ Jersey City
07310 NJ Jersey City

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PLA Exhibit C - HireNYC Construction Careers
(August 2020 version)
Non-exhaustive list of zip codes where at least 15% of the individuals are below the federal poverty rate
(Zip codes within ~100 mile radius of NYC)

Zip Code State City or Town

07501 NJ Paterson
07502 NJ Paterson
07503 NJ Paterson
07504 NJ Paterson
07505 NJ Paterson
07513 NJ Paterson
07514 NJ Paterson
07522 NJ Paterson
07524 NJ Paterson
07608 NJ Teterboro
07703 NJ Fort Monmouth
07712 NJ Asbury Park
07727 NJ Farmingdale
07734 NJ Keansburg
07740 NJ Long Branch
07820 NJ Allamuchy
07939 NJ Lyons
08031 NJ Bellmawr
08045 NJ Lawnside
08095 NJ Winslow
08102 NJ Camden
08103 NJ Camden
08104 NJ Camden
08105 NJ Camden
08110 NJ Pennsauken
08217 NJ Elwood
08224 NJ New Gretna
08608 NJ Trenton
08609 NJ Trenton
08611 NJ Trenton
08618 NJ Trenton
08638 NJ Trenton
08701 NJ Lakewood
08751 NJ Seaside Heights
08808 NJ Broadway
08861 NJ Perth Amboy
08901 NJ New Brunswick
10545 NY Maryknoll
10550 NY Mount Vernon
10601 NY White Plains
10701 NY Yonkers
10703 NY Yonkers
10705 NY Yonkers
10801 NY New Rochelle
10927 NY Haverstraw
10932 NY Howells
10940 NY Middletown
10950 NY Monroe
10952 NY Monsey
10963 NY Otisville
10977 NY Spring Valley

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PLA Exhibit C - HireNYC Construction Careers

(August 2020 version)
Non-exhaustive list of zip codes where at least 15% of the individuals are below the federal poverty rate
(Zip codes within ~100 mile radius of NYC)

Zip Code State City or Town

11096 NY Inwood
11550 NY Hempstead
11556 NY Uniondale
11713 NY Bellport
11798 NY Wyandanch
11951 NY Mastic Beach
11970 NY South Jamesport
12401 NY Kingston
12416 NY Chichester
12419 NY Cottekill
12427 NY Elka Park
12428 NY Ellenville
12432 NY Glasco
12457 NY Mount Tremper
12475 NY Ruby
12489 NY Wawarsing
12490 NY West Camp
12491 NY West Hurley
12516 NY Copake
12550 NY Newburgh
12561 NY New Paltz
12583 NY Tivoli
12589 NY Wallkill
12594 NY Wingdale
12601 NY Poughkeepsie
12701 NY Monticello
12725 NY Claryville
12729 NY Cuddebackville
12732 NY Eldred
12733 NY Fallsburg
12743 NY Highland Lake
12747 NY Hurleyville
12749 NY Kauneonga Lake
12751 NY Kiamesha Lake
12754 NY Liberty
12758 NY Livingston Manor
12759 NY Loch Sheldrake
12762 NY Mongaup Valley
12763 NY Mountain Dale
12779 NY South Fallsburg
12780 NY Sparrow Bush
19007 PA Bristol
19123 PA Philadelphia
19125 PA Philadelphia
19134 PA Philadelphia
19135 PA Philadelphia
19136 PA Philadelphia
19137 PA Philadelphia
Data Source: 2013-2017 American Community Survey 5-year estimates Page 5 of 5

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EXHIBIT “D”
MEMORANDUM OF UNDERSTANDING

MEMORANDUM OF UNDERSTANDING, entered into as of ___________,

between the City of New York ("City") with an office located at City Hall, New York, NY
10007, the Building and Construction Trades Council of Greater New York and Vicinity
("BCTC"), on its behalf and on behalf of its affiliated unions, with its principal place of
business located at 350 West 31st Street, New York, NY 10001, and the Building Trade
Employers' Association of New York City ("BTEA"), on its behalf and on behalf of its
affiliated contractors, with its principal place of business located at 1325 Avenue of the
Americas, New York, NY 10019.
WHEREAS, since 2009, the City, the BCTC, and the BTEA have entered into
Memoranda of Understanding (each an "MOU"), contemporaneous to the City entering to
Project Labor Agreements with the BCTC (each a "PLA"), setting goals on new
apprenticeship opportunities for graduates of direct entry pre-apprenticeship programs for
low-income New Yorkers, minorities, high school students, women, veterans, NYCHA
residents, and qualified employees of Minority- and Women-Owned Business Enterprises
("M/WBEs") that become signatory to the union, and have provided increased
opportunities for New Yorkers to have access to good union construction careers;
WHEREAS, in 2014, the City and the BCTC entered into an MOU related to the
New York City Build It Back Program and committed to encourage contractors and
subcontractors to employ Sandy-impacted residents and for the City and the BCTC to work
together with community-based organizations to recruit and train New York City residents,
with an emphasis on Sandy-impacted low income residents;
WHEREAS, the BCTC and the BTEA committed to: (i) promote the representation
of veterans, women, high school graduates of the City's public schools, and New Yorkers
in need of economic opportunity in apprenticeship programs jointly sponsored by BCTC
unions and BTEA contractors, and (ii) improve workforce training and development for
entrance into the construction industry;
WHEREAS, in 2014, the City of New York issued Career Pathways: One City
Working Together, with a commitment to maximize local job opportunities through the
City's contracts, and as such the City is committed to ensuring that low-income New
Yorkers have access to the good jobs and careers that are created through the City's capital
investments and through this MOU and contemporaneous PLA, the City the BCTC, and
with the cooperation of the BTEA contractors can connect low-income New Yorkers to
good prevailing wage construction careers;
WHEREAS, through this MOU and contemporaneous PLAs, the City, the BCTC,
and the BTEA commit to recruiting in low-income communities, providing opportunities
through pre-apprenticeship and apprenticeship programs for access to construction careers,
and ensuring residents of low-income communities, including apprentices, are provided
opportunities to work on publicly-funded and -assisted construction projects;
WHEREAS, pursuant to Local Law 1 of 2013, the City is also committed to its
M/WBE program, and in partnership with the M/WBE Leadership Association seeks to
encourage eligible companies to certify as M/WBEs, and provides a wide range of training
and technical assistance to build the capacity of its certified companies to bid successfully
for the City's contracts and subcontracts;
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WHEREAS, an important element in the success of pre-apprenticeship and

apprenticeship programs, as well as in creating work opportunities for contractors and sub-
contractors in New York City, is the availability of work on publicly funded and assisted
projects; and

WHEREAS, the parties to this MOU desire to publicly state their intentions with
respect to apprenticeship programs and the creation of contracting and other economic
opportunities in the construction industry.

NOW, THEREFORE, the City, the BCTC, and the BTEA state as follows:
1. Scope. This MOU:

a. States the intentions of the City, the BCTC, and the BTEA regarding:

a. the provision of opportunities in apprenticeship programs jointly

sponsored by BCTC unions and BTEA contractors;
b. the City's application of apprenticeship requirements in City
construction contracts from the time of execution through December
31, 2024;
c. the joint goal of the City, the BCTC, and the BTEA to create
employment opportunities, including apprenticeships, in the
construction industry; and

b. Shall terminate on December 31, 2024

2. To facilitate the commitments set forth in this MOU, each Local Union shall designate
a HireNYC Construction Careers lead representative to work in partnership with the
Mayor's Office of Workforce Development ("WKDEV") to implement these
workforce and apprenticeship provisions within the union and across City
construction contracts.

3. The BCTC and the BTEA shall work collaboratively with the City to reserve at least
500 new apprenticeship positions each calendar year through both the general
recruitment and direct entry programs for New York City residents living in zip codes
where at least 15% of the individuals in such zip code are below the federal poverty
rate and NYCHA residents regardless of zip code.

4. The BCTC and BTEA shall work collaboratively with the City to reserve new
apprenticeship positions each year for direct entry.

a. New York State Department of Labor ("NYSDOL") approved Direct Entry

programs may be used by sponsors of Registered Apprenticeship programs as
another way to bring apprentices into their programs. It is a tool to help
sponsors reach underrepresented populations. Direct Entry provides
individuals who successfully complete an apprenticeship preparation
program, and who meet the minimum requirements for a NYS Registered
Apprenticeship program, with the direct opportunity for an interview with the
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sponsor of a program bypassing the general recruitment scheduled for the

Apprentice Programs.

5. Apprenticeship programs jointly sponsored by Local Unions and employers affiliated

with the BTEA shall, subject to approval by the NYSDOL and to the extent consistent
with applicable consent decrees, court orders or similar mandates, reserve up to the
following percentages of their new apprenticeships (some apprentices may be counted
in more than one category) for direct entry each year:

a. 20% for graduates of New York City public high school who have
completed pre-apprenticeship training provided by The Edward J. Malloy
Initiative for Construction Skills ("C-SKILLS");

b. 10% for veterans of the U.S. Armed Forces who are referred by New York
City Helmets to Hardhats ("NYC H2H"), provided, however, that any
veterans whose qualifications allow them to enter unions as
journeypersons shall be counted toward the fulfillment of this percentage;

c. 15% for women who have completed pre-apprenticeship training provided

by Nontraditional Employment for Women ("NEW");

d. 10% for NYCHA and Section 8 residents who have completed pre-
apprenticeship training provided by C-SKILLS, NEW, the NYCHA Resident
Training Academy ("NRTA"), or Pathways to Apprenticeships ("P2A");

e. 10% for justice-involved individuals who have completed pre-

apprenticeship training provided by C-SKILLS, NEW, NRTA, or P2A; and

f. 5% for qualified employees of certified minority- and women-owned

business enterprises and other employers not signatory to collective
bargaining agreements of unions affiliated with the BCTC which become
signatory to such collective bargaining agreements, provided, however,
that any such employees whose qualifications allow them to enter unions
as journeypersons shall be counted toward the fulfillment of this
percentage.

6. To help reach the goals set forth in paragraph 3, 4, and 5, the City, the BCTC and
the BTEA will work cooperatively to identify and pursue appropriate sources of
public and private funds and resources, as needed, to provide pre-apprenticeship
training scaled to support the goals targeting at least seven hundred (700) pre-
apprenticeship positions cumulatively for all above named direct entry programs
each year. The City will help coordinate recruitment within the zip codes and target
populations identified in paragraphs 3, 4 and 5.

7. The goals in Paragraphs 3, 4, and 5 are aggregate goals for apprenticeship programs
jointly sponsored by the Local Unions and BTEA contractors to achieve on an annual
basis through their general recruitments and direct entry programs. The City
recognizes that different apprenticeship programs face different circumstances and
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have varying capacities to meet the percentages set forth in each category;
notwithstanding that, the BCTC and the BTEA agree to encourage and support
meeting the goals in Paragraphs 3, 4, and 5, and to work with apprenticeship programs
jointly sponsored by their affiliated unions and contractors to take affirmative steps to
achieve that goal.

8. The City, BCTC, and BTEA acknowledge that on federally funded projects
NYCHA, and the City on certain federally funded projects, must comply with
Executive Order 11246 and federal regulations contained at 24 CFR Part 135
("Section 3") regarding efforts to employ residents of NYCHA developments and
other Section 3 populations.

9. The City, the BCTC, and the BTEA will jointly seek any necessary waivers from
NYSDOL with respect to direct entry goals for the joint apprentice programs, as
well as jointly support and encourage 100% participation of all affiliated joint
apprentice programs.

10. Reporting.

a. Each Local Union shall provide, or cause to be provided by their Apprentice

Directors, copies of the following reports to WKDEV within thirty (30) days
of the submission to NYSDOL:

i. Apprentice Training Recruitment Notification and Minimum

Qualifications (AT 505) submissions to NYSDOL;
ii. Apprentice Training Program Affirmative Action Plan (AT 603)
submissions to NYSDOL; and
iii. Apprenticeship Agreement (AT 401) submissions to NYSDOL.

b. Pre-apprenticeship programs funded in part by the City will provide quarterly

reports, beginning at the end of the first quarter after the first class is held, to
the WKDEV with detailed information as required by NYC's Workforce
Common Metrics reporting for all individuals trained in all classes.

c. On an annual basis, beginning on January 1, 2021, the City shall provide an

electronic report to the BCTC that contains a list of contracts registered in the
previous full fiscal year that were subject to either a City Project Labor
Agreement or the Apprenticeship Directive. Such list shall contain the
following for each contract:

i. contracting agency
ii. contract name;
iii. prime contractor name;
iv. registered dollar amount; and
v. date of registration.

d. Upon mutual agreement, the parties may modify these reporting requirements, as
needed.
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11. City of New York Apprenticeship Directive. As a means of expanding the pool
of work available to apprentices and graduates of state-approved apprenticeship
programs providing opportunities to the groups of individuals designated in
Paragraphs 3 and 5 above, the City states its intention to implement, as may be
amended from time to time, the Directive, attached as Exhibit A. The Directive
directs City agencies, for construction contracts where either (i) the cost estimate
of the contract exceeds $3 million, or (ii) the cost estimate of the contract exceeds
$2 million on a project with a cost estimate of at least $5 million, and for such other
contracts as the bidding agency determines to be appropriate, to require the
contractor and any of its subcontractors with subcontracts worth at least $2 million
to have apprenticeship agreements appropriate for the type and scope of work to be
performed that have been registered with, and approved by, the New York State
Commissioner of Labor, and shall have passed any required probationary period
and recertification established by the New York State DOL.

12. The City shall include a statement concerning the applicability of the Directive in
every City Record notice of the solicitation or award of a contract for a public works
project. Within five (5) days of the issuance of any waiver from the apprenticeship
requirement, the City shall notify the BCTC and the BTEA, in writing or
electronically, of the granting of such waiver and the reasons therefore.

13. The City, the BCTC, and the BTEA look forward to working together and with
the contractor community in a spirit of cooperation and good will toward the goal
that all New Yorkers from diverse backgrounds, particularly minorities, women,
returning veterans, recent public high school graduates, NYCHA residents,
individuals in need of economic opportunity, and justice-involved individuals, are
well-prepared for participation in the workforce and can gain access to good
careers in the construction industry, in both the private and public sectors.

For the City of New York

By:
First Deputy Mayor, Dean Fuleihan

For Building and Construction Trades Council of Greater New York and Vicinity

By:
Gary LaBarbera, President

For Building Trades Employers' Association of New York City

By:
Louis J. Coletti, President & CEO

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SCHEDULE “B” - DRUG AND ALCOHOL POLICY

PREAMBLE

WHEREAS, [CONSTRUCTION MANAGER] (“Construction Manager”), for the

construction project located at [PROJECT ADDRESS] (“Project”) desires to provide for a
safe, drug and alcohol-free work site for the Project;
WHEREAS, the parties have entered into a separate Project Labor Agreement for the
Project and have agreed to negotiate in good faith a Project Drug & Alcohol Testing Policy;
WHEREAS, this Testing Policy is collectively negotiated between the Construction
Manager and the New York City Building and Construction Trades Council (“Council”)
(the Construction Manager and BCTC are collectively referred to hereafter as the
“Parties”);
WHEREAS, the Parties each currently have respective drug and alcohol policies,
including the Projects' Zero-Tolerance policy;
WHEREAS, the Parties desire to maximize project safety conditions for the Project
personnel and public, as well as deter violations of the Parties' respective drug and alcohol
policies;
NOW, THEREFORE, the Parties agree to this Policy as of the date hereof,

ARTICLE 1 - PARTIES
This Drug & Alcohol Testing Policy (“Policy”) is hereby established by the Construction
Manager and the Council, on behalf of itself and its affiliated local union members, and
the signatory local unions on behalf of themselves and their members.

ARTICLE 2-GENERAL CONDITIONS

SECTION 2.1 - SUMMARY
In order to reinforce the Parties' respective drug and alcohol policies, including the Projects'
zero tolerance policy regarding the prohibition of the use of drugs and alcohol, and to deter
Project personnel from violating those policies, the Parties agree that all Project Personnel
(defined later) will be required to submit to drug and/or alcohol testing randomly, post-
accident, and for reasonable suspicion.
Any individual on site that violates this Policy is subject to disciplinary action, including,
without limitation, loss of site access privileges.

SECTION 2.2 - REVOCATION OF PROJECT ACCESS PRIVILEGES

Any one of the following occurrences will result in the immediate revocation of a Project
Personnel's project access privileges:
1. An individual is found selling or using drugs or alcohol, or otherwise is
under the influence of drugs or alcohol, subject to the other terms of this
Policy, on a Project Site;
2. An individual has been convicted under any criminal drug or alcohol
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statute for a violation occurring in the workplace within the past two
years;
3. An individual who refuses to abide by the Projects' drug and alcohol
policy, or refuses to submit to a test in accordance with this Policy;
4. An individual who switches, adulterates, or in any way tampers with a
specimen required to be submitted in accordance with this Policy.

SECTION 2.3 - DEFINITIONS

Confirmed Positive Test: The presence of drugs, drug metabolites, or alcohol in a person's
body that equals or exceeds the established cut off levels as defined in Exhibit 1. For drugs,
the sample will have undergone Laboratory screening and confirmation testing and must
have been verified as positive by a Medical Review Officer. A positive test result for
alcohol obtained through Evidential Breath Testing is considered a Confirmed Positive
Test.
Employee Assistance Program (EAP): An EAP is generally considered a workplace-
based, confidential program designed to help employees deal effectively with a variety
of personal problems, and, of relevance to this policy, substance abuse problems. The
EAP promotes assessments and short-term counseling. An EAP shall also include any
similar education or rehabilitation program provided by the Councilor its respective
members. The Project Personnel that are required to participate in the EAP shall be
responsible for the cost of their consultation with an EAP and/or participation in any
education or rehabilitation program.
Evidential Breath Testing Device (EBT): A device that is used to measure alcohol in the
breath and which meets National Highway Traffic Safety Administration's specifications
for precision and accuracy.
Laboratory: A laboratory that is SAMHSA (Substance Abuse and Mental Health Services
Administration) certified for the testing of drugs.
Medical Review Officer (MRO): A licensed physician responsible for receiving laboratory
results generated by an employer's drug testing plan who has knowledge of substance abuse
disorders and medical training to interpret and evaluate a donor's confirmed positive test
result together with his/her medical history and all other relevant information.
Previous Worker: All individuals whose employment relationship with the contractor,
company or organization no longer exists.
Project Site: The construction area for respective Project.
Reasonable Suspicion: When a qualified trade contractor, the Developer or Construction
Manager as set forth in Section 3.7, reasonably believes that an individual has violated this
Policy. Reasonable suspicion is based upon (1) specific, current, behavioral or performance
indicators, (2) the possible manufacture, distribution, consumption or possession of
unauthorized drugs, drug paraphernalia, or alcohol, or (3) documented investigation by an
agency retained by, or otherwise independent from, the Developer or Construction
Manager.

SECTION 2.4 - INCLUDED SUBJECTS

This Policy shall cover all employees of the Owner, Construction Manager and Project
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trade contractors, their subcontractors and any other of their respective personnel at any
level that are performing any activity at a Project Site, inclusive of managers,
superintendents and supervisors, except as specifically excluded by Section 2.5 of this
Policy (collectively and singularly, "Project Personnel").

SECTION 2.5 - EXCLUDED SUBJECTS

The following persons are not subject to the provisions of this Policy:
A. Employees and entities engaged in off-site manufacture, modifications, repair,
maintenance, assembly, painting, handling or fabrication of components,
materials, equipment or machinery;
B. Vendors and employees of vendors engaged on a Project Site in equipment
testing, inspection, training, warranty work, or engaged in corrections of
defective or nonconforming work, unless such employees are expressly
included in the bargaining unit of a local signatory to this Agreement;
C. Employees engaged in ancillary work on a Project which is performed by third
parties, such as electric utilities, gas utilities, telephone companies, and
railroads, or any other work not constituting Project work;
D. Employees of any governmental authority (state, local or otherwise);
E. Employees and contractors engaged in work on the Project Site as part of due
diligence or monitoring, which work is ancillary to Project work; and
F. Emergency responders.

SECTION 2.6 - PRESCRIPTION AND NON-PRESCRIPTION DRUGS

The use of prescription drugs not prescribed directly to Project Personnel is prohibited,
including the use of drugs prescribed to a spouse or domestic partner. The use of non-
prescription drugs that are sold outside the United States and that contain substances that
are illegal or require a prescription in the United States are prohibited, unless prescribed
by a licensed physician.

SECTION 2.7 - SEARCHES

In order for the Construction Manager to ensure the safety of Project Personnel and for the
Construction Manager to protect its assets, the Construction Manager shall have the right
upon good cause (such as reasonable suspicion of a violation of this Policy) to conduct
reasonable searches for alcohol, drugs and related paraphernalia anywhere within the
boundaries of a Project Site. A search may include any assets owned or leased by any
Project Personnel that is on a Project Site, including without limitation, vehicles, lockers,
gang boxes, desks and personal property brought onto a Project Site, but excluding personal
body searches or physical contact with employees.

ARTICLE 3 - DRUG & ALCOHOL TESTING

SECTION 3.1 - COLLECTION PROCESS

As of the execution date of this PLA, Project Personnel may be required to submit urine
samples ("Preliminary Drug Screening") for the purpose of detecting the presence of drugs
as part of the random, post-accident or reasonable suspicion testing, in accordance with
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chain of custody protocols as established by Substance Abuse and Mental Health Services
Administration (SAMHSA), utilizing an instant result test cup for Preliminary Drug
Screenings, such testing is to be performed on-site by an independent service provider. The
results from the instant result test cup will be considered preliminary. The sample will be
sent to a SAMHSA certified testing laboratory for confirmation.
As of the date hereof, all Project Personnel will be required to submit to an Evidential
Breath Test (EBT) for the purpose of detecting the presence of alcohol when submitting to
random, post-accident or reasonable suspicion testing. Alcohol testing will not be
conducted for pre-access testing.

SECTION 3.2 - NEGATIVE PRELIMINARY DRUG SCREENING

Project Personnel with a negative Preliminary Drug Screening will be considered
conditionally accepted for Project site access, pending confirming laboratory results. Site
access privileges will be revoked if the subsequent laboratory results determine that the
sample has tested positive for drugs or that the sample has been adulterated.

SECTION 3.3 POSITIVE PRELIMINARY DRUG SCREENING

If the Preliminary Drug Screening indicates a positive result, the individual will not be
allowed access to the Project Site. The sample will be sent to the certified laboratory for
analysis and, if applicable, reviewed by the Medical Review Officer (MRO). If the
laboratory confirmation results are also positive, the individual will be considered in
violation of this Policy and their site access will be revoked for at least 30 days. If the
laboratory confirmation results are negative, the Project Personnel's site access will not be
revoked.
SECTION 3.4 CONFIRMED POSITIVE TEST RESULTS
A. POSITIVE DRUG TEST
A drug test is considered positive if the test results exceed the limits shown in Exhibit 1,
which is attached hereto and incorporated herein by reference. The test will be confirmed
through a second analysis process and reviewed by an MRO before results are reported.
Project Personnel with confirmed positive drug test results will have their site access
revoked. In case of a "false positive" result, any such Personnel shall be entitled to the
reimbursement of any wages lost during the suspension caused by any such false positive
result.
B. POSITIVE EBT
An EBT is considered positive if the test results exceed .04 BrAC, or as otherwise set forth
in Exhibit 1. Project Personnel with a positive alcohol test result will be subject to the
remedies set forth in Exhibit 1.
C. REINSTATEMENT OF SITE ACCESS PRIVILEGES

(a) Subject to section 3.4(C)(a) immediately below, if the site access of a Project Personnel
has been revoked pursuant to this Policy, then any such person may request that their site
access be reinstated after 30 days, provided that all of the following conditions are met to
the reasonable satisfaction of the Construction Manager. :
1. The individual has provided proof of wellness from an accredited rehabilitation

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facility or has provided proof that treatment isn't needed as attested to by a

licensed health care provider specializing in the diagnosis and treatment of
alcohol and drug abuse.
2. A current drug and alcohol test is obtained within three (3) days of the request
for re-access to the site and proof of a negative test result has been received;
and
3. The individual agrees to submit to multiple testing for two (2) full years from
the date of gaining re-access to the project, the scheduling of which will be
determined at the sole discretion of the Construction Manager. If all of these
conditions have been met, the Construction Manager agrees that it will not
unreasonably withhold their consent to any such request.

(b) Unlawful possession, concealment, use, purchase, sale, manufacture, dispensation or

distribution of illegal drugs or un-prescribed controlled substances on the Project site will
subject the Project Personnel Employee to immediate removal from the Project site and
shall bar such Project Personnel Employee from returning for a minimum of three (3)
months, which return shall, in any event, be subject to the reasonable approval by
Construction Manager.
(c) All of the Parties agree that any such Project Personnel will only be entitled to any
such reinstatement of site access privileges one time and that any subsequent violation of
this Policy will result in the permanent termination of access to the Project Site.

SECTION 3.5 - RANDOM TESTING

A third-party provider designated by the Construction Manager will randomly select by an
objective criteria a testing pool for random drug and/or alcohol testing from all Project
Personnel with site access cards. Any individual selected for a random drug and/or alcohol
test will be required to submit to an Evidential Breath Test (EBT) and/or drug test.
Individuals may be tested more than once during any given time period. The Parties
acknowledge and agree that an EBT may be required without a drug test and that a drug
test may be required without an EBT, as solely determined by the Construction Manager.
If an individual is unable to attend the first scheduled random drug test as a result of being
involved in a work-related task, such drug test will be rescheduled and will be completed
at or before the conclusion of such employee’s then current work shift. If the second drug
test is missed for any reason, the incident will be reviewed by the Construction Manager,
who shall have the right to terminate the site access privileges of any such Project Personnel
until such time as that Project Personnel has complied with this Policy. If the individual
refuses to take the test, their access privileges will be immediately terminated for cause.
SECTION 3.6 - POST ACCIDENT TESTING
After each work-related incident or injury requiring the services of a licensed health care
provider, all Project Personnel involved with the incident will be required to submit to a
drug and/or alcohol test immediately following the incident. In instances where emergency
care is necessary, the drug and/or alcohol test shall be obtained by the care facility, if
possible, within 24 hours after treatment is rendered. If more than 48 hours have passed
before an injury is reported and treated by a licensed health care provider, an alcohol test
will not be required.
In addition, any Project Personnel involved in a non-injury related incident at a Project Site
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with damages at or in excess of $200 will be required to submit to a drug and/or alcohol
test unless:
A. It is determined, after conducting an investigation and interviewing all
employees involved and any witnesses, that the employee's performance can be
completely discounted as a contributing factor to the incident; or
B. It is determined, after conducting an incident investigation and interviewing all
employees and any witnesses that the incident was caused by inadequate
equipment or system design, and/or premature failure of equipment or system
components.

SECTION 3.7 - REASONABLE SUSPICION TESTING

All Project Personnel will be required to submit to a drug and/or alcohol test when there is
reasonable suspicion the individual has violated this policy.
Reasonable suspicion includes, without limitation, the following:
A. Violent or irrational behavior;
B. Emotional or physical unsteadiness;
C. Sensory or motor-skill malfunctions;
D. Slurred speech;
E. The odor of alcohol or drugs on clothing or breath in conjunction with other
indicators;
F. Possession of alcohol, unauthorized drugs or drug paraphernalia; or
G. Documented evidence of an independent investigation regarding Project
Personnel's consumption of what is reasonably believed to be an alcoholic
beverage or drugs in violation of the Project's policies and/or this Policy.
Reasonable suspicion testing may only be ordered by supervisory personnel that: (a) have
been trained to recognize the above referenced factors; or (b) have received credible
documentary evidence from an independent investigator that a Project Personnel has
violated a drug and/or alcohol policy. It is agreed that any certified training program shall
satisfy the training requirement.

SECTION 3.8 - PRIVACY CONSIDERATIONS

The Parties agree to use reasonable efforts to conduct any testing pursuant to this Policy
in accordance with the privacy concerns of Project Personnel. To address these concerns,
the Parties agree that:
1. The testing station(s) shall be screened off, or otherwise closed off from public
view.
2. All documents and information regarding the testing, including test results,
shall be maintained by the respective custodian(s) of record in accordance with
their respective privacy policies, which any Project Personnel shall be entitled
to review upon timely request.

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3. The Parties agree to make a good faith effort to resolve any other privacy
concern of Project Personnel regarding this Policy, provided that any such
concerns do not interfere with the purpose of this Policy.

ARTICLE 4 – GRIEVANCE

SECTION 4.1 - REPRESENTED WORKERS

Nothing in this Policy shall restrict a member of a signatory local union from filing
a grievance in accordance with the member's collective bargaining agreement or a
Project Labor Agreement, provided that the grievance shall be limited to whether
the removal of a member for violation of this Policy was conducted in compliance
with the terms and conditions set forth herein.

SECTION 4.2 - HOLD HARMLESS

The Construction Manager agrees to hold harmless and indemnify the
Union/Council and its representatives from any liability that may be incurred as a
result of the Company’s Drug and Alcohol Policy to the extent caused by the
negligence or intentional misconduct of the Construction Manager.

IN WITNESS WHEREOF the parties have agreed to this Policy as of _________,

20___.

FOR [CONSTRUCTION MANAGER]

By: ________________________________
Name: [INSERT NAME]________________
Title: [INSERT TITLE] ________________

FOR GREATER NEW YORK CITY BUILDING TRADES COUNCIL

By: ________________________________
Name: Gary LaBarbera _________________
Title: President

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EXHIBIT 1
CLASS OF DRUGS TESTED AND THEIR RESPECTIVE CUT-OFF LIMITS
The cut-off limits established are those recommended by the U.S. Department of Health
and Human Services in their mandatory Guidelines for Federal Workplace Drug Testing
Programs.

Screening Confirmation
Cut-Off Cut-off
Drug Class Limit (ng/ml) Limit (ng/ml)
Amphetamines 1000 500
Benzoylecgonine 300 150
(Cocaine Metabolite)
Cannabinoids (THC) 50 15
*Opiates 2000 10
Phencyclidine (PCP) 25 25

Confirmation screening is done by means of GC/MS analysis.

*The GC/MS confirmation for opiates will be for both codeine and morphine separately.
If morphine is equal to or greater than 2,000ng/ml then the GC/MS confirmation analysis
for 6- acetylmorphine (6-MAM) is at a cut-off level of 10ng/ml.

Alcohol Screening
All Project Personnel will be required to submit to an EBT under the random, post-
accident, and reasonable suspicion test arenas, for the purpose of detecting presence of
alcohol. If this test supports a positive result for presence of alcohol, the Project Personnel
will be considered in violation of this Policy.
If the results of the EBT are:
1. Above 0.001 BrAC, but at or below 0.020 BrAC, a second test will be conducted
within approximately 15 minutes.
 If the second BrAC test is less than the first BrAC, the results will be
deemed negative and the Project Personnel may return to work, if there
are no other outstanding issues.
 If the second BrAC is increasing, but below 0.04 BrAC, the results will be
deemed negative, but the Project Personnel will be sent home for the day and
the Construction Manager shall be notified. If a Project Personnel is sent home
two times within a six-month period pursuant to this Section I, then any such
Project Personnel shall be deemed to have tested positive and will be subject
to the applicable remedies set forth in Section 2 below.
2. Above 0.02 BrAC, but below 0.06 BrAC, a second test will be conducted after
approximately 15 minutes.
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 Notwithstanding anything set forth above to the contrary, a Project Personnel

may elect to voluntarily go home for the day instead of taking a second test and
the results will be deemed negative, provided that any such Project Personnel
may not voluntarily go home more than once within a twelve month period.
 If the second BrAC test is at or below 0.02 BrAC, the results will be deemed
negative and the Project Personnel may return to work if there are no other
outstanding issues.
 If the second BrAC test is above 0.020, but below 0.06, the results will be
deemed positive, the Project Personnel will be sent home for the day and their
site access will be revoked for at least five [5] calendar days and until such time
as the Project Personnel has been evaluated by an EAP professional skilled in
substance abuse and confirmed fit for duty.
 Any Project Personnel who is deemed positive two times within two years
pursuant to this Section 2 will have their site access privileges terminated and
will be entitled to the limited relief set forth in Section 3 .4( c) of the Policy.
3. At or above .06 BrAC, the Project Personnel will have their site access privileges
terminated, after which they will be entitled to the limited relief set forth in Section 3.4(C)
of the Policy.

110
Execution Copy 8/12/2020
 CITY OF NEW YORK

DEPARTMENT OF
DESIGN AND CONSTRUCTION
DIVISION OF PUBLIC BUILDINGS

INFORMATION FOR BIDDERS

JULY 2019
THIS PAGE INTENTIONALLY LEFT BLANK
 CITY OF NEW YORK CITY
DEPARTMENT OF DESIGN AND CONSTRUCTION
INFORMATION FOR BIDDERS

TABLE OF CONTENTS

SECTION 1. DESCRIPTION AND LOCATION OF WORK 1

SECTION 2. TIME AND PLACE FOR RECEIPT OF BIDS 1
SECTION 3. DEFINITIONS 1
SECTION 4. INVITATION FOR BIDS AND CONTRACT DOCUMENTS 1
SECTION 5. PRE-BID CONFERENCE 2
SECTION 6. AGENCY CONTACT 2
SECTION 7. BIDDER’S OATH 2
SECTION 8. EXAMINATION AND VIEWING OF SITE, CONSIDERATION OF OTHER
SOURCES OF INFORMATION AND CHANGED CONDITIONS 2
SECTION 9. EXAMINATION OF PROPOSED CONTRACT 2
SECTION 10. FORM OF BID 3
SECTION 11. IRREVOCABILITY OF BID 3
SECTION 12. ACKNOWLEDGMENT OF AMENDMENTS 3
SECTION 13. BID SAMPLES AND DESCRIPTIVE LITERATURE 3
SECTION 14. PROPRIETARY INFORMATION/TRADE SECRETS 3
SECTION 15. PRE-OPENING MODIFICATION OR WITHDRAWAL OF BIDS 4
SECTION 16. BID EVALUATION AND AWARD 4
SECTION 17. LATE BIDS, LATE WITHDRAWALS AND LATE MODIFICATIONS 4
SECTION 18. WITHDRAWAL OF BIDS. 4
SECTION 19. MISTAKE IN BIDS 4
SECTION 20. LOW TIE BIDS 5
SECTION 21. REJECTION OF BIDS 5
SECTION 22. RIGHT TO APPEAL DETERMINATIONS OF NON-RESPONSIVENESS OR NON-
RESPONSIBILITY AND RIGHT TO PROTEST SOLICITATIONS AND AWARD 6
SECTION 23. AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY 6
SECTION 24. PASSPORT COMPLIANCE 6
SECTION 25. COMPLAINTS ABOUT THE BID PROCESS 6
SECTION 26. BID, PERFORMANCE AND PAYMENT SECURITY 7
SECTION 27. FAILURE TO EXECUTE CONTRACT 8
SECTION 28. BIDDER RESPONSIBILITIES AND QUALIFICATIONS 8
SECTION 29. EMPLOYMENT REPORT 8
SECTION 30. LABOR LAW REQUIREMENTS 8
SECTION 31. INSURANCE 9
SECTION 32. LUMP SUM CONTRACTS 9
SECTION 33. UNIT PRICE CONTRACTS 9
SECTION 34. EXCISE TAX 10
SECTION 35. LICENSES AND PERMITS 10
SECTION 36. MULTIPLE PRIME CONTRACTORS 10
SECTION 37. LOCALLY BASED ENTERPRISE REQUIREMENTS (LBE) 10
SECTION 38. BID SUBMISSION REQUIREMENTS 11
SECTION 39. COMPTROLLER’SCERTIFICATE 11
SECTION 40. PROCUREMENT POLICY BOARD RULES 12
SECTION 41. VIEWING OF SUBMITTED BID DOCUMENTS 12
SECTION 42. DDC SAFETY REQUIREMENTS 12

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CITY OF NEW YORK INFORMATION FOR BIDDERS
DEPARTMENT OF DESIGN AND CONSTRUCTION i JULY 2019
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CITY OF NEW YORK INFORMATION FOR BIDDERS
DEPARTMENT OF DESIGN AND CONSTRUCTION ii JULY 2019
 INFORMATION FOR BIDDERS

1. Description and Location of Work

The description and location of the work for which bids are requested are specified in Attachment 1, "Bid
Information". Attachment 1 is included in the BID BOOKLET, VOLUME 1 OF 3.

2. Time and Place for Receipt of Bids

Sealed bids shall be received on or before the date and hour specified in Attachment 1, at which time they
will be publicly opened and read aloud in the presence of the Commissioner or his or her representative, and any
bidders who may desire to be present.

3. Definitions

The definitions set forth in the Procurement Policy Board Rules shall apply to this Invitation For Bids.

4. Invitation For Bids and Contract Documents

(A) Except for titles, sub-titles, headings, running headlines, tables of contents and indices (all of which
are printed herein merely for convenience) the following, except for such portions thereof as may be specifically
excluded, shall be deemed to be part of the Contract and the Invitation for Bids.

(1) All provisions required by law to be inserted in this Contract, whether actually inserted or not
(2) The Contract Drawings and Specifications
(3) The General Conditions, the General Requirements and the Special Conditions, if any
(4) The Contract
(5) The Information for Bidders; Request for Proposals; Notice of Solicitation and Proposal For Bids;
Bid or Proposal, and, if used, the Bid Booklet
(6) The Budget Director's Certificate; all Addenda issued prior to the receipt of the bids; the Notice of
Award; Performance and Payment Bonds, if required; and the Notice to Proceed with the Work.

(B) For particulars as to this procurement, including quantity and quality of the purchase, extent of the
work or labor to be performed, delivery and performance schedule, and any other special instructions, prospective
bidders are referred to the Invitation For Bids Documents. A copy of such documents can be obtained at the location
set forth in Attachment 1.

(C) Deposit for Copy of Invitation For Bids Documents: Prospective bidders may obtain a copy of the
Invitation For Bids Documents by complying with the conditions set forth in the Notice of Solicitation. The deposit
must be in the form of a check or money order made payable to the City of New York, and drawn upon a state or
national bank or trust company, or a check of such bank or trust company signed by a duly authorized officer thereof.

(D) Return of Invitation For Bids Documents: All Invitation For Bids Documents must be returned to
the Department upon request. If the bidder elects not to submit a bid thereunder, the Invitation For Bids Documents
shall be returned to the Department, along with a statement that no bid will be submitted.

(E) Return of Deposit: Such deposit will be returned within 30 days after the award of the contract or
the rejection of all bids as set forth in the advertisement, provided the Invitation For Bids Documents are returned to
the location specified in Attachment 1, in physical condition satisfactory to the Commissioner.

(F) Additional Copies: Additional copies of the Invitation For Bids Documents may be obtained,
subject to the conditions set forth in the advertisement for bids.

CITY OF NEW YORK INFORMATION FOR BIDDERS

DEPARTMENT OF DESIGN AND CONSTRUCTION 1 JULY 2019
5. Pre-Bid Conference

A pre-bid conference shall be held as set forth in Attachment 1. Nothing stated at the pre-bid conference
shall change the terms or conditions of the Invitation For Bids Documents, unless a change is made by written
amendment as provided in Section 9 below. Failure to attend a mandatory pre-bid conference shall constitute grounds
for the rejection of the bid.

6. Agency Contact

Any questions or correspondence relating to this bid solicitation shall be addressed to the Agency Contact
person specified in Attachment 1.

7. Bidder's Oath

(A) The bid shall be properly signed by an authorized representative of the bidder and the bid shall be
verified by the written oath of the authorized representative who signed the bid, that the several matters stated and
information furnished therein are in all aspects true.

(B) A materially false statement willfully or fraudulently made in connection with the bid or any of the
forms completed and submitted with the bid may result in the termination of any Contract between the City and the
Bidder. As a result, the Bidder may be barred from participating in future City contracts as well as be subject to
possible criminal prosecution.

8. Examination and Viewing of Site, Consideration of Other Sources of Information and Changed Conditions

(A) Pre-Bidding (Investigation) Viewing of Site - Bidders must carefully view and examine the site of
the proposed work, as well as its adjacent area, and seek other usual sources of information, for they will be
conclusively presumed to have full knowledge of any and all conditions on, about or above the site relating to or
affecting in any way the performance of the work to be done under the Contract which were or should have been
indicated to a reasonably prudent bidder. To arrange a date for visiting the work site, bidders are to contact the Agency
Contact person specified in Attachment 1.

(B) Should the contractor encounter during the progress of the work subsurface conditions at the site
materially differing from any shown on the Contract Drawings or indicated in the Specifications or such subsurface
conditions as could not reasonably have been anticipated by the contractor and were not anticipated by the City, which
conditions will materially affect the cost of the work to be done under the Contract, the attention of the Commissioner
must be called immediately to such conditions before they are disturbed. The Commissioner shall thereupon promptly
investigate the conditions. If he finds that they do so materially differ, or that they could not reasonably have been
anticipated by the contractor and were not anticipated by the City, the Contract may be modified with his written
approval.

9. Examination of Proposed Contract

(A) Request for Interpretation or Correction: Prospective bidders must examine the Contract
Documents carefully and before bidding must request the Commissioner in writing for an interpretation or correction
of every patent ambiguity, inconsistency or error therein which should have been discovered by a reasonably prudent
bidder. Such interpretation or correction, as well as any additional contract provisions the Commissioner may decide
to include, will be issued in writing by the Commissioner as an addendum to the Contract, which will be transmitted
to each person recorded as having received a copy of the Contract Documents from the Department. Transmission of
such addendum will be by mail, e-mail, facsimile or hand delivery. Such addendum will also be posted at the place
where the Contract Documents are available for the inspection of prospective bidders. Upon transmission as provided
for herein, such addendum shall become a part of the Contract Documents, and binding on all bidders, whether or not
actual notice of such addendum is shown.

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CITY OF NEW YORK INFORMATION FOR BIDDERS
DEPARTMENT OF DESIGN AND CONSTRUCTION 2 JULY 2019
 (B) Only Commissioner's Interpretation or Correction Binding: Only the written interpretation or
correction so given by the Commissioner shall be binding, and prospective bidders are warned that no other officer,
agent or employee of the City is authorized to give information concerning, or to explain or interpret, the Contract.

(C) Documents given to a subcontractor for the purpose of soliciting the subcontractor's bid shall include
either a copy of the bid cover sheet or a separate information sheet setting forth the project name, the Contract number
(if available), the contracting agency and the Project's location.

10. Form of Bid

Each bid must be submitted upon the prescribed form and must contain: a) the name, residence and place of
business of the person or persons making the same; b) the names of all persons interested therein, and if no other
person is so interested, such fact must be distinctly stated; c) a statement to the effect that it is made without any
connection with any other person making a bid for the same purpose and that it is in all respects fair and without
collusion or fraud; d) a statement that no Council member or other officer or employee or person whose salary is
payable in whole or part from the City Treasury is directly or indirectly interested therein or in the supplies, materials
or equipment and work or labor to which it relates, or in any portion of the profits thereof; e) a statement that the
bidder is not in arrears to the City or to any agency upon a debt or contract or taxes, and is not a defaulter as surety or
otherwise upon any obligation to the City to any agency thereof, except as set forth in the bid.

THE BID SHALL BE TYPEWRITTEN OR WRITTEN LEGIBLY IN INK. THE BID SHALL
BE SIGNED IN INK. ERASURES OR ALTERATIONS SHALL BE INITIALED BY THE
SIGNER IN INK. FAILURE TO CONFORM TO THE REQUIREMENTS OF THIS
SECTION 10 SHALL RESULT IN THE REJECTION OF THE BID.

11. Irrevocability of Bid

The prices set forth in the bid cannot be revoked and shall be effective until the award of the Contract, unless
the bid is withdrawn as provided for in Sections 15 and 18 below.

12. Acknowledgment of Amendments

The receipt of any amendment to the Contract Documents shall be acknowledged by the bidder in its bid
submission.

13. Bid Samples and Descriptive Literature

Bid samples and descriptive literature shall not be submitted by the bidder, unless expressly requested
elsewhere in the Contract or Contract Documents. Any unsolicited bid samples or descriptive literature which are
submitted shall not be examined or tested and shall not be deemed to vary any of the provisions of this Contract.

14. Proprietary Information/Trade Secrets

(A) The bidder shall identify those portions of the bid which it deems to be confidential, proprietary
information or trade secrets, and provide justification why such materials shall not be disclosed by the City. All such
materials shall be clearly indicated by stamping the pages on which such information appears, at the top and bottom
thereof with the word "Confidential". Such materials stamped "Confidential" must be easily separable from the
non-confidential sections of the bid.

(B) All such materials so indicated shall be reviewed by the Agency and any decision not to honor a
request for confidentiality shall be communicated in writing to the bidder. For those bids which are unsuccessful, all
such confidential materials shall be returned to the bidder. Prices, makes and model or catalog numbers of the items
offered, deliveries, and terms of payment shall be publicly available after bid opening, regardless of any designation
of confidentiality made by the bidder.

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CITY OF NEW YORK INFORMATION FOR BIDDERS
DEPARTMENT OF DESIGN AND CONSTRUCTION 3 JULY 2019
15. Pre-Opening Modification or Withdrawal of Bids

Bids may be modified or withdrawn by written notice received in the office designated in Attachment 1,
before the time and date set for the bid opening. If a bid is withdrawn in accordance with this Section, the bid security,
if any, shall be returned to the bidder.

16. Bid Evaluation and Award

In accordance with the New York City Charter, the Procurement Policy Board Rules and the terms and
conditions of this Invitation For Bids, this Contract shall be awarded, if at all, to the responsible bidder whose bid
meets the requirements and evaluation criteria set forth in the Invitation For Bids, and whose bid price is either the
most favorable bid price or, if the Invitation For Bids so states, the most favorable evaluated bid price. A bid may not
be evaluated for any requirement or criterion that is not disclosed in the Invitation For Bids.

Restriction: No negotiations with any bidder shall be allowed to take place except under the circumstances
and in the manner set forth in Section 21. Nothing in this Section shall be deemed to permit a contract award to a
bidder submitting a higher quality item than that designated in the Invitation For Bids, if that bid is not also the most
favorable bid.

17. Late Bids, Late Withdrawals and Late Modifications

Any bid received at the place designated in the solicitation after the time and date set for receipt of bids is
late and shall not be considered. Any request for withdrawal or modification received at the place designated in the
solicitation after the time and date set for receipt of bids is late and shall not be considered. The exception to this
provision is that a late modification of a successful bid that makes the bid terms more favorable to the City shall be
considered at any time it is received.

18. Withdrawal of Bids.

Except as provided for in Section 15, above, a bidder may not withdraw its bid before the expiration of
forty-five (45) days after the date of the opening of bids; thereafter, a bidder may withdraw its bid only in writing and
in advance of an actual award. If within sixty (60) days after the execution of the Contract, the Commissioner fails to
fix the date for commencement of work by written notice to the bidder, the bidder, at his option, may ask to be relieved
of his obligation to perform the work called for by written notice to the Commissioner. If such notice is given to the
Commissioner, and the request to withdraw is granted, the bidder waives all claims in connection with this Contract.

19. Mistake in Bids

(A) Mistake Discovered Before Bid Opening: A bidder may correct mistakes discovered before the
time and date set for bid opening by withdrawing or correcting the bid as provided in Section 15 above.

(B) Mistakes Discovered Before Award

(1) In accordance with General Municipal Law (Section 103, subdivision 11), where a unilateral error
or mistake is discovered in a bid, such bid may be withdrawn upon written approval of the Agency Chief Contracting
Officer if the following conditions are met:

(a) The mistake is known or made known to the agency prior to the awarding of the Contract or within
3 days after the opening of the bid, whichever period is shorter; and
(b) The price bid was based upon an error of such magnitude that enforcement would be
unconscionable; and

(c) The bid was submitted in good faith and the bidder submits credible evidence that the mistake was
a clerical error as opposed to a judgment error; and
(d) The error in the bid is actually due to an unintentional and substantial arithmetic error or an
unintentional omission of a substantial quantity of work, labor, material or services made directly

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CITY OF NEW YORK INFORMATION FOR BIDDERS
DEPARTMENT OF DESIGN AND CONSTRUCTION 4 JULY 2019
 in the compilation of the bid, which unintentional arithmetic error pr unintentional omission can be
clearly shown by objective evidence drawn from inspection of the original work paper, documents,
or materials used in the preparation of the bid sought to be withdrawn; and
(e) It is possible to place the agency in the same position as existed prior to the bid.

(2) Unless otherwise required by law, the sole remedy for a bid mistake in accordance with this Article
shall be withdrawal of the bid, and the return of the bid bond or other security, if any, to the bidder. Thereafter, the
agency may, in its discretion, award the Contract to the next lowest bidder or rebid the Contract. Any amendment to
or reformation of a bid or a Contract to rectify such an error or mistake therein is strictly prohibited.

(3) If the mistake and the intended correct bid are clearly evident on the face of the bid document, the
bid shall be corrected to the intended correct bid and may not be withdrawn. Examples of mistakes that may be
corrected are typographical errors, errors in extending unit prices, transposition errors and arithmetical errors.

20. Low Tie Bids

(A) When two or more low responsive bids from responsible bidders are identical in price, meeting all
the requirements and criteria set forth in the Invitation For Bids, the Agency Chief Contracting Officer will break the
tie in the following manner and order of priority:

(1) Award to a certified New York City small, minority or woman-owned business entity bidder;
(2) Award to a New York City bidder;
(3) Award to a certified New York State small, minority or woman-owned business bidder;
(4) Award to a New York State bidder.

(B) If two or more bidders still remain equally eligible after application of paragraph (A) above, award
shall be made by a drawing by lot limited to those bidders. The bidders involved shall be invited to attend the drawing.
A witness shall be present to verify the drawing and shall certify the results on the bid tabulation sheet.

21. Rejection of Bids

(A) Rejection of Individual Bids: The Agency may reject a bid if:

(1) The bidder fails to furnish any of the information required pursuant to Section 24 or 28 hereof; or if
(2) The bidder is determined to be not responsible pursuant to the Procurement Policy Board Rules; or if
(3) The bid is determined to be non-responsive pursuant to the Procurement Policy Board Rules; or if
(4) The bid, in the opinion of the Agency Chief Contracting Officer, contains unbalanced bid
prices and is thus non-responsive, unless the bidder can show that the prices are not unbalanced for the probable
required quantity of items, or if the imbalance is corrected pursuant to Section 15.

(B) Rejection of All Bids: The Agency, upon written approval by the Agency Chief Contracting Officer,
may reject all bids and may elect to resolicit bids if in its sole opinion it shall deem it in the best interest of the City
so to do.

(C) Rejection of All Bids and Negotiation With All Responsible Bidders: The Agency Head may
determine that it is appropriate to cancel the Invitation For Bids after bid opening and before award and to complete
the acquisition by negotiation. This determination shall be based on one of the following reasons:

(1) All otherwise acceptable bids received are at unreasonable prices, or only one bid is received and
the Agency Chief Contracting Officer cannot determine the reasonableness of the bid price, or no
responsive bid has been received from a responsible bidder; or
(2) In the judgment of the Agency Chief Contracting Officer, the bids were not independently arrived
at in open competition, were collusive, or were submitted in bad faith.

(D) When the Agency has determined that the Invitation for Bids is to be canceled and that use of
negotiation is appropriate to complete the acquisition, the contracting officer may negotiate and award the Contract

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CITY OF NEW YORK INFORMATION FOR BIDDERS
DEPARTMENT OF DESIGN AND CONSTRUCTION 5 JULY 2019
without issuing a new solicitation, subject to the following conditions:

(1) prior notice of the intention to negotiate and a reasonable opportunity to negotiate have been given
by the contracting officer to each responsible bidder that submitted a bid in response to the Invitation
for Bids;
(2) the negotiated price is the lowest negotiated price offered by a responsible bidder; and
(3) the negotiated price is lower than the lowest rejected bid price of a responsible bidder that submitted
a bid in response to the Invitation for Bids.

22. Right to Appeal Determinations of Non-Responsiveness or Non-Responsibility and Right to Protest

Solicitations and Award

The bidder has the right to appeal a determination of non-responsiveness or non-responsibility and has the
right to protest a solicitation and award. For further information concerning these rights, the bidder is directed to the
Procurement Policy Board Rules.

23. Affirmative Action and Equal Employment Opportunity

This Invitation For Bids is subject to applicable provisions of Federal, State and Local Laws and executive
orders requiring affirmative action and equal employment opportunity.

24. PASSPort COMPLIANCE

All vendors that intend to do business with the City of New York must complete a disclosure process in order to be
considered for a contract. This disclosure process was formerly completed using Vendor Information Exchange
System (VENDEX) paper-based forms. The City of New York has moved collection of vendor disclosure information
online. In early August 2017, the New York City Mayor’s Office of Contract Services (MOCS) launched the
Procurement and Sourcing Solutions Portal (PASSPort), a new online procurement system that replaced the paper-
VENDEX process. In anticipation of awards, all bidders must create online accounts in the new PASSPort system,
and file all disclosure information using PASSPort. Paper submissions, including certifications of no changes to
existing VENDEX packages, will not be accepted in lieu of complete online filings using PASSPort.

All vendors that intend to do business with the City, but specifically those that fall into any of the following categories,
are required to enroll:
• Have a pending award with a City Agency; or
• Hold a current contract with a City Agency and have either an expiring VENDEX or expiring
Certificate of No Change.

The Department of Design and Construction (DDC) and MOCS hereby notifies all proposers that the PASSPort system
is available, and that disclosure filing completion is required prior to any award through this competitive bid.

To enroll in PASSPort and to access the PASSPort website (including online training), please visit
www.nyc.gov/passport. Contact MOCS at [email protected] for additional information and technical support.

25. Complaints About the Bid Process

The New York City Comptroller is charged with the audit of contracts in New York City. Any vendor who
believes that there has been unfairness, favoritism or impropriety in the bid process should inform the Comptroller,
Office of Contract Administration, One Centre Street, Room 835, New York, New York; telephone number
(212)669-2323.

26. Bid, Performance and Payment Security

(A) Bid Security: Each bid must be accompanied by bid security in an amount and type specified in
Attachment 1 (BID BOOKLET, VOLUME 1 OF 3). The bid security shall assure the City of New York of the

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CITY OF NEW YORK INFORMATION FOR BIDDERS
DEPARTMENT OF DESIGN AND CONSTRUCTION 6 JULY 2019
adherence of the bidder to its proposal, the execution of the Contract, and the furnishing of Performance and Payment
Bonds by the bidder, if required in Attachment 1. Bid security shall be returned to the bidder as follows:

(1) Within ten (10) days after the bid opening, the Comptroller will be notified to return the deposits of
all but the three (3) lowest bidders. Within five (5) days after the award, the Comptroller will be
notified to return the deposits of the remaining two unsuccessful bidders.
(2) Within five (5) days after the execution of the Contract and acceptance of the Contractor's bonds,
the Comptroller will be notified to return the bid security of the successful bidder or, if performance
and payment bonds are not required, only after the sum retained under Article 21 of the Contract
equals the amount of the bid security.
(3) Where all bids are rejected, the Comptroller will be notified to return the deposit of the three (3)
lowest bidders at the time of rejection.

(B) Performance and Payment Security: Performance and Payment Security must be provided in an
amount and type specified in Attachment 1. The performance and payment security shall be delivered by the
contractor prior to or at the time of execution of the Contract. If a contractor fails to deliver the required performance
and payment security, its bid security shall be enforced, and an award of Contract may be made to the next lowest
responsible and responsive bidder, or the contract may be rebid.

(C) Acceptable Types of Security: Acceptable types of security for bids, performance, and payment
shall be limited to the following:

(1) a one-time bond in a form satisfactory to the City;

(2) a bank certified check or money order;
(3) obligations of the City of New York; or
(4) other financial instruments as determined by the Office of Construction in consultation with the
Comptroller.

Whenever the successful bidder deposits obligations of the City of New York as performance and payment security,
the Comptroller may sell and use the proceeds thereof for any purpose for which the principal or surety on such bond
would be liable under the terms of the Contract. If the money is deposited with the Comptroller, the successful bidder
shall not be entitled to receive interest on such money from the City.

(D) Form of Bonds: Security provided in the form of bonds must be prepared on the form of bonds
authorized by the City of New York. Forms for bid, performance, and payment bonds are included in the Invitation
for Bids Documents. Such bonds must have as surety thereunder such surety company or companies as are: (1)
approved by the City of New York; (2) authorized to do business in the State of New York, and (3) approved by the
Department of the Treasury of the United States. Premiums for any required bonds must be included in the base bid.

The bidder is advised that submission of a bid bond where the surety on such bond fails to meet the criteria
set forth herein, shall result in the rejection of the bid as non-responsive.

The Department of the Treasury of the United States advises that information concerning approved surety
companies may be obtained as follows: (1) from the Government Printing Office at 215-364-6465; (2) through the
Internet at https://www.fiscal.treasury.gov/surety-bonds/.

(E) Power of Attorney: Attorneys in fact who sign bid, performance, or payment bonds must file with
each bond a certified copy of their power of attorney to sign said bonds.

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CITY OF NEW YORK INFORMATION FOR BIDDERS
DEPARTMENT OF DESIGN AND CONSTRUCTION 7 JULY 2019
27. Failure to Execute Contract

In the event of failure of the successful bidder to execute the Contract and furnish the required security within
ten (10) days after notice of the award of the Contract, the deposit of the successful bidder or so much thereof as shall
be applicable to the amount of the award made shall be retained by the City, and the successful bidder shall be liable
for and hereby agrees to pay on demand the difference between the price bid and the price for which such Contract
shall be subsequently awarded, including the cost of any required reletting and less the amount of such deposit. No
plea of mistake in such accepted bid shall be available to the bidder for the recovery of the deposit or as a defense to
any action based upon such accepted bid. Further, should the bidder's failure to comply with this Section cause any
funding agency, body or group (Federal, State, City, Public, Private, etc.) to terminate, cancel or reduce the funding
on this project, the bidder in such event shall be liable also to the City for the amount of actual funding withdrawn by
such agency on this project, less the amount of the forfeited deposit.

28. Bidder Responsibilities and Qualifications

(A) Bidders must include with their bids all information necessary for a determination of bidder
responsibility, as set forth in the Specifications.

(B) The Agency may require any bidder or prospective bidder to furnish all books of account, records,
vouchers, statements or other information concerning the bidder's financial status for examination as may be required
by the Agency to ascertain the bidder's responsibility and capability to perform the Contract. If required, a bidder
must also submit a sworn statement setting forth such information as the Agency may require concerning present and
proposed plant and equipment, the personnel and qualifications of his working organizations, prior experience and
performance record.

(C) Oral Examination on Qualifications: In addition thereto, and when directed by the Agency, the
bidder, or a responsible officer, agent or employee of the bidder, must submit to an oral examination to be conducted
by the Agency in relation to his proposed tentative plan and schedule of operations, and such other matters as the
Agency may deem necessary in order to determine the bidder's ability and responsibility to perform the work in
accordance with the Contract. Each person so examined must sign and verify a stenographic transcript of such
examination noting thereon such corrections as such person may desire to make.

(D) If the bidder fails or refuses to supply any of the documents or information set forth in paragraph
(B) hereof or fails to comply with any of the requirements thereof, the Agency may reject the bid.

29. Employment Report

In accordance with Executive Order No. 50 (1980) as modified by Executive Order 108 (1986), the filing of
a completed Employment Report (ER) is a requirement of doing business with the City of New York for construction
contractors with contracts of $1,000,000 or more and subcontractors with construction subcontracts of $750,000 or
more. The required forms and information are included in the Bid Booklet.

30. Labor Law Requirements

(A) General: The successful bidder will be required to comply strictly with all Federal, State and local
labor laws and regulations.

(B) New York State Labor Law: This Contract is subject to New York State Labor Law Section 220,
which requires that construction workers on the site be paid prevailing wages and supplements. The Contractor is
reminded that all wage provisions of this Contract will be enforced strictly and failure to comply will be considered
when evaluating performance. Noncompliance may result in the contractor being debarred by the City from future
contracts. Complaints filed with the Comptroller may result in decisions which may debar a contractor from bidding
contracts with any state governmental entity and other political subdivisions.

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CITY OF NEW YORK INFORMATION FOR BIDDERS
DEPARTMENT OF DESIGN AND CONSTRUCTION 8 JULY 2019
 (C) Records: The Contractor is expected to submit accurate payroll reports and other required
documents and verify attendance and job classifications being utilized in compliance with the law, Contract provisions
and agency procedures.

31. Insurance

(A) Bidders are advised that the insurance requirements contained herein are regarded as material terms
of the Contract. As required by Article 22 of the Contract, the contractor must effect and maintain with companies
licensed and authorized to do business in the State of New York, the types of insurance set forth therein, when required
by and in the amounts set forth in Schedule A of the General Conditions. Such required insurance must be provided
from the date the contractor is ordered to commence work and up to the date of final acceptance of all required work.

(B) The contractor must, within ten days of receipt of the notice of award, submit the following
insurance documentation: (a) original certificate of insurance for general liability in the amount required by Schedule
A of the General Conditions, and (b) original certificates of insurance or other proof of coverage for workers’
compensation and disability benefits, as required by Section 57 of the New York State Workers’ Compensation Law
and Section 220 of the Disability Benefits Law.

32. Lump Sum Contracts

(A) Comparison of Bids: Bids on Lump Sum Contracts will be compared on the basis of the lump sum
price bid, adjusted for alternate prices bid, if any.

(B) Lump Sum Bids for "General Construction Work" which include excavation shall include all
necessary excavation work defined in the Specifications as being included in the lump sum bid. The bidder shall also
bid a unit price for the additional cost of excavating material which is defined in the Specifications as excavation for
which additional payment will be made. The total estimated additional cost of removing such material will be taken
as the quantity set forth in the Engineer's Estimate multiplied by the unit price bid. This total estimated cost of
additional excavation shall be added to the lump sum bid for the General Construction Work for the purpose of
comparing bids to determine the low bidder.

(C) Variations from Engineer's Estimate: The Engineer's Estimate of the quantity of excavation for
which additional payment will be made is approximate only and is given solely to be used as a uniform basis for the
comparison of bids and such estimate is not to be considered as part of this contract. The quantities actually required
to complete the contract work may be more or less than the quantities in the Engineer's Estimate and, if so, no action
for damages or for loss of profits shall accrue to the contractor by reason thereof.

33. Unit Price Contracts

(A) Comparison of Bids: Bids on Unit Price Contracts will be compared on the basis of a total estimated
price, arrived at by taking the sum of the estimated quantities of such items, in accordance with the Engineer's Estimate
of Quantities set forth in the Bid Form, multiplied by the corresponding unit prices, and including any lump sum bids
on individual items.

(B) Variations from Engineer's Estimate: Bidders are warned that the Engineer's Estimate of Quantities
on the various items of work and materials is approximate only, given solely to be used as a uniform basis for the
comparison of bids, and is not be considered part of this contract. The quantities actually required to complete the
contract work may be less or more than so estimated, and if so, no action for damages or for loss of profits shall accrue
to the contractor by reason thereof.

(C) Overruns: The terms and conditions applicable to overruns of unit price items are set forth in Article
26 of the Contract.

____________________________________________________________________________________________________________________
CITY OF NEW YORK INFORMATION FOR BIDDERS
DEPARTMENT OF DESIGN AND CONSTRUCTION 9 JULY 2019
34. Excise Tax

Bidders are referred to the Specifications for information on Federal Excise Tax exemptions.

35. Licenses and Permits

The successful bidder will be required to obtain all necessary licenses and permits necessary to perform the
work.

36. Multiple Prime Contractors

If more than one prime contractor will be involved on this project, all contractors are required to examine the
Invitation for Bid packages for all other parts of the project.

37. Locally Based Enterprise Requirements (LBE)

This Contract is subject to the requirements of Administrative Code, Section 6-108.1, and the regulations
promulgated thereunder. No construction contract will be awarded unless and until these requirements have been
complied with in their entirety. The bidder is advised of the provisions set forth below, as well as the provisions with
respect to the Locally Based Enterprise Program contained in Article 67 of the Contract. The contractor is advised
that:

(A) If any portion of the Contract is subcontracted, not less than ten percent of the total dollar amount
of the contract shall be awarded to locally based enterprises ("LBEs"); except, where less than ten percent of the total
dollar amount of the Contract is subcontracted, such lesser percentage shall be so awarded.

(B) No contractor shall require performance and payment bonds from LBE subcontractors.

(C) No Contract shall be awarded unless the contractor first identifies in its bid:

(1) the percentage, dollar amount and type of work to be subcontracted; and
(2) the percentage, dollar amount and type of work to be subcontracted to LBEs.

(D) Within ten calendar days after notification of low bid, the apparent low bidder shall submit an "LBE
Participation Schedule" to the contracting agency. If such schedule does not identify sufficient LBE subcontractors
to meet the requirements of Administrative Code Section 6-108.1, the apparent low bidder shall submit documentation
of its good faith efforts to meet such requirements.

(1) The "LBE Participation Schedule" shall include:

(a) the name and address of each LBE that will be given a subcontract,
(b) the percentage, dollar amount and type of work to be subcontracted to the LBE, and
(c) the dates when the LBE subcontract work will commence and end.

(2) The following documents shall be attached to the "LBE Participation Schedule":

(a) verification letters from each subcontractor listed in the "LBE Participation Schedule"
stating that the LBE will enter into a formal agreement for work,
(b) certification documents of any proposed LBE subcontractor which is not on the LBE
certified list, and
(c) copies of the certification letter of any proposed subcontractor which is an LBE.

(3) Documentation of good faith efforts to achieve the required LBE percentage shall include as
appropriate but not limited to the following:

____________________________________________________________________________________________________________________
CITY OF NEW YORK INFORMATION FOR BIDDERS
DEPARTMENT OF DESIGN AND CONSTRUCTION 10 JULY 2019
 (a) attendance at prebid meetings, when scheduled by the agency, to advise bidders of contract
requirements;
(b) advertisement where appropriate in general circulation media, trade association
publications and small business media of the specific subcontracts that would be at least
equal to the percentage goal for LBE utilization specified by the contractor;
(c) written notification to association of small, minority and women contractors soliciting
specific subcontractors;
(d) written notification by certified mail to LBE firms that their interest in the contract is
solicited for specific work items and their estimated values;
(e) demonstration of efforts made to select portions of the work for performance by LBE firms
in order to increase the likelihood of achieving the stated goal;
(f) documented efforts to negotiate with LBE firms for specific subcontracts, including at a
minimum:
(i) The names, address and telephone numbers of LBE firms that are contacted;
(ii) A description of the information provided to LBE firms regarding the plans and
specifications for portions of the work to be performed;
(iii) Documentation showing that no reasonable price can be obtained from LBE firms;
(iv) A statement of why agreements with LBE firms were not reached;
(g) a statement of the reason for rejecting any LBE firm which the contractor deemed to be
unqualified; and
(h) documentation of efforts made to assist the LBE firms contacted that needed assistance in
obtaining required insurance.

(E) Unless otherwise waived by the Commissioner with the approval of the Office of Economic and
Financial Opportunity, failure of a proposed contractor to provide the information required by paragraphs (C) and (D)
above may render the bid non-responsive and the Contract may not be awarded to the bidder. If the contractor states
that it will subcontract a specific portion of the work, but can demonstrate despite good faith efforts it cannot achieve
its required LBE percentage for subcontracted work until after award of Contract, the Contract may be awarded,
subject to a letter of compliance from the contractor stating that it will comply with Administrative Code Section
6-108.1 and subject to approval by the Commissioner. If the contractor has not met its required LBE percentage prior
to award, the contractor shall demonstrate that a good faith effort has been made subsequent to award to obtain LBEs
on each subcontract until its meets the required percentage.

(F) When a bidder indicates prior to award that no work will be subcontracted, no work may be
subcontracted without the prior written approval of the Commissioner, which shall be granted only if the contractor
in good faith seeks LBE subcontractors at least six weeks prior to the start of work.

(G) The contractor may not substitute or change any LBE which was identified prior to award of the
contract without the written permission of the Commissioner. The contractor shall make a written application to the
Commissioner for permission to make such substitution or change, explaining why the contractor needs to change its
LBE subcontractor and how the contractor will meet its LBE subcontracting requirement. Copies of such application
must be served on the originally identified LBE by certified mail return receipt requested, as well as the proposed
substitute LBE. The Commissioner shall determine whether or not to grant the contractor's request for substitution.

38. Bid Submission Requirements

The Bid Submission Requirements are set forth in the BID BOOKLET, VOLUME 1 OF 3.

39. Comptroller's Certificate

This Contract shall not be binding or of any force unless it is registered by the Comptroller in accordance
with Section 328 of the City Charter and the Procurement Policy Board Rules. This Contract shall continue in force
only after annual appropriation of funds by the City of New York and certification as hereinabove set forth.

____________________________________________________________________________________________________________________
CITY OF NEW YORK INFORMATION FOR BIDDERS
DEPARTMENT OF DESIGN AND CONSTRUCTION 11 JULY 2019
40. Procurement Policy Board Rules

This Invitation For Bids is subject to the Rules of the Procurement Policy Board of the City of New York.
In the event of a conflict between said Rules and a provision of this Invitation For Bids, the Rules shall take
precedence.

41. Viewing of Submitted Bid Documents

In accordance with NYC Procurement and Policy Board Rules, Section 3-02, the submitted bid documents
will be available to view immediately after completion of the bid opening and by appointment for up to 72 hours after
the bid opening.

42. DDC Safety Requirements

The DDC Safety Requirements apply to the work to be performed pursuant to the Contract. The DDC
Safety Requirements are set forth on the following pages.

____________________________________________________________________________________________________________________
CITY OF NEW YORK INFORMATION FOR BIDDERS
DEPARTMENT OF DESIGN AND CONSTRUCTION 12 JULY 2019
 NOTICE TO BIDDERS 
 

Please  note  that  the  Safety  Requirements  for  Construction  Contracts  has  been 
updated. Changes include but are not limited to: 
1. Throughout:  Change  name  of  Construction  Safety  Unit  to  Office  of 
Construction Safety. 
2. Section III: Updated definition of “Work” to include Utility Interference work. 
3. Section VI: Allow for the Office of Construction Safety to request Site Safety 
Plan to be developed and approved using the SSP App.  
 
NOTE: The list above is intended as a guide.  
The text of the Safety Requirements for Construction Contracts govern. 

 (NO FURTHER TEXT ON THIS PAGE) 
   

1/2/2020   
DISCONTINUE THE USE OF THIS NOTICE ON 7/2/2020 
  

(NO TEXT ON THIS PAGE) 

1/2/2020   
DISCONTINUE THE USE OF THIS NOTICE ON 7/2/2020 
 CITY OF NEW YORK
DEPARTMENT OF DESIGN AND CONSTRUCTION
SAFETY REQUIREMENTS FOR CONSTRUCTION
CONTRACTS

January 2020

THE DDC SAFETY REQUIREMENTS FOR CONSTRUCTION CONTRACTS INCLUDE THE

FOLLOWING SECTIONS:

I. POLICY ON SITE SAFETY

II. PURPOSE

III. DEFINITIONS

IV. RESPONSIBILITIES

V. SAFETY QUESTIONNAIRE

VI. SITE SAFETY PLAN

VII. KICK-OFF/PRE-CONSTRUCTION MEETINGS AND SAFETY REVIEW

VIII. EVALUATION DURING WORK IN PROGRESS

IX. SAFETY PERFORMANCE EVALUATION

CITY OF NEW YORK SAFETY REQUIREMENTS FOR CONSTRUCTION CONTRACTS

DDC 1 JANUARY 2020
I. POLICY ON SITE SAFETY

The City of New York Department of Design and Construction (DDC) is committed to a policy of injury and illness
prevention and risk management for construction work that will ensure the safety and health of the workers engaged
in the projects and the protection of the general public. Therefore, it is DDC’s policy that work carried out by
Contractors on DDC contracts must, at a minimum, comply with the most current versions of all applicable federal,
state and city laws, rules, and regulations, including without limitation:
❑ Code of Federal Regulations, Title 29, Part 1926 (29 CFR 1926) and applicable Sub-parts of Part 1910 – U.S.
Occupational Safety and Health Administration (OSHA);
❑ Federal Highway Administration – Manual on Uniform Traffic Control Devices (MUTCD);
❑ New York Codes, Rules and Regulations (NYCRR), Title 12, Part 23 – Protection in Construction, Demolition
and Excavation Operations;
❑ New York Codes, Rules and Regulations (NYCRR), Title 16, Part 753 – Protection of Underground Facilities;
❑ New York City Administrative Code, Title 28 – New York City Construction Codes;
❑ Rules of the City of New York, Title 15, Chapter 13 – Rules Pertaining To the Prevention of the Emission of
Dust from Construction Related Activities;
❑ Rules of the City of New York, Title 15, Chapter 28 – Citywide Construction Noise Mitigation;
❑ Rules of the City of New York, Title 34 Chapter 2 – NYCDOT Highway Rules.
The Contractor will be required to comply with all new and/or revised federal, state and city laws, rules, and
regulations, issued during the course of the project, at the expense of the Contractor without any additional costs to
the DDC.

II. PURPOSE

The purpose of this policy is to ensure that Contractors perform their work and supervise their employees in
accordance with all applicable federal, state and city rules and regulations. Further, Contractors will be expected to
minimize or eliminate jobsite and public hazards, through a planning, inspection, auditing and corrective action
process. The goal is to control risks so that injuries, illnesses, and accidents to contractors’ employees, DDC
employees and the general public, as well as damage to city-owned and private property, are reduced to the lowest
level feasible.

III. DEFINITIONS

Agency Chief Contracting Officer (ACCO): The ACCO will mean the person delegated authority by the
Commissioner to organize and supervise the procurement activity of subordinate Agency staff in conjunction with the
City Chief Procurement Officer (CCPO).
Competent Person: As defined by OSHA, an individual who is capable of identifying existing and predictable
hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees or the
general public, and who has authorization to take prompt corrective measures to eliminate them. This individual will
have completed, at a minimum an authorized 30-hour OSHA Construction Safety Course. The Contractor may be
required to provide more than one competent person due to construction operations and based on the number of active
work sites.
Construction Safety Auditor: A representative of the Office of Construction Safety who provides inspection and
assessment services to enhance health and safety on all DDC construction projects. The activities of the Construction
Safety Auditor include performing site audits, reviewing safety plans, reviewing construction permits, drawings,
verifying Contractor’s compliance with applicable federal, state and city laws, rules, regulations, and DDC Contract
Safety Requirements, etc. and rendering technical advice and assistance to DDC Resident Engineers and Project
Managers.

CITY OF NEW YORK SAFETY REQUIREMENTS FOR CONSTRUCTION CONTRACTS

DDC 2 JANUARY 2020
Office of Construction Safety: A unit of DDC Safety and Site Support that assesses contractor’s safety on DDC
jobsites and advises responsible parties of needed corrective actions.
Registered Construction Superintendent: For certain projects, as defined in New York City Construction Codes –
Title 28, the contractor will provide a Construction Superintendent registered with the NYC Department of Buildings
and responsible for all duties as defined in Chapter 33 of Title 1 of the Rules of the City of New York.
Contractor: For purposes of these Safety Requirements, the term “Contractor” will mean any person or entity that
enters into a contract for the performance of construction work on a DDC project. The term “Contractor” will include
any person or entity which enters into any of the following types of contracts: (1) a prime construction contract for a
specific project, (2) a prime construction contract using the Job Order Contracting System (“JOCS Contract”), and (3)
a subcontract with a CM/Builder (“First Tier Subcontract”).
Daily Safety Job Briefing: Daily jobsite safety briefings, given to all jobsite personnel at project site by the
Contractor before work begins and/or if hazards or potential hazards are discovered while working, with the purpose
of discussing the scheduled activities for the day, the hazards related to these activities, activity specific safety
procedures, and Job Hazard Analysis associated with the scheduled construction work. Daily jobsite briefings will be
documented, available at the jobsite, and will include at a minimum, topics, name and signature of the person
conducting the briefing session, names and signatures of attendants, name of the designated competent person,
contactor’s name, DDC Project ID, date, time, and location.
Director – Office of Construction Safety: Responsible for the operations of the Office of Construction Safety and
the DDC Site Safety management programs.
Job Hazard Analysis (JHA): A process of identifying the major job tasks and any potential site-specific hazards that
may be present during construction and establishing the means and methods to eliminate or control those hazards. A
JHA will be documented, available at the jobsite and will include at a minimum work tasks, being performed,
identified hazards, control methods for the identified hazards, contractor’s name, DDC Project ID, location, date, name
and signature of certifying person. A JHA is a living document that will be re-evaluated and revised to address new
hazards and tasks that may develop and will be present at the worksite and produced upon request.
Qualified Person: As defined by OSHA, an individual who, by possession of a recognized degree, certificate, license,
or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his
or her ability to solve problems relating to the subject matter, the work, or the project. Qualified Persons are required
under regulation to address issues pertaining, but without limit, to fall protection, scaffold design, maintenance and
protection of traffic, and excavation protective system, among others.
Project Site: Those areas indicated in the Contract Documents where the Work is to be performed.
Project Safety Representative: The designated Project Safety Representative will have at a minimum an OSHA
30-hour Construction Safety Course and other safety training applicable to Contractor’s/subcontractor’s project
work. This individual will be responsible to oversee safety performance of the required construction work, conduct
documented daily safety inspections, and implement corrective actions to maintain a safe work site. The Project
Safety Representative must have sufficient experience and skills necessary to thoroughly understand the health and
safety hazards and controls and must have authority to undertake corrective actions. A dedicated full-time Project
Safety Representative may be required on large projects and projects deemed by DDC to be particularly high risk.
DDC reserves the right to request a dedicated full-time Project Safety Representative for any reason at any time
during the course of the project at the expense of the Contractor without any additional costs to the DDC. The full-
time Project Safety Representative will be present at the site during all work activities.
Resident Engineer (“RE”): Representative of the Commissioner duly designated by the Commissioner to be his/her
representative at the site of the work. The RE may be a consultant retained by DDC, including a Construction
Management (CM) or Resident Engineer Inspection (REI) firm. If DDC has retained a CM, REI or other consultant
firm to perform management and oversite for the Project (e.g., CM-Builder, CM-Design-Builder, Project Manager,
Program Manager), that CM, REI or other consultant is the Resident Engineer for purposes of these Safety
Requirements.

CITY OF NEW YORK SAFETY REQUIREMENTS FOR CONSTRUCTION CONTRACTS

DDC 3 JANUARY 2020
Safety Questionnaire: Used by DDC to evaluate Contractor’s current and past safety performance. It is required to
be completed by all Contractors initially when submitting bids for Construction work, or when being pre-qualified
and updated annually or as requested by the DDC.
Site Safety Manager: For certain projects, as defined in New York City Construction Codes – Title 28, the Contractor
will provide a Site Safety Manager with a Site Safety Manager License issued by the New York City Department of
Building.
Site Safety Plan: A site-specific safety plan developed by the Contractor for a DDC project. The Site Safety Plan
will identify the project work scope, identify hazards associated with the project work and include project specific
safety procedures and training appropriate and necessary to complete the work. The Site Safety Plan will be submitted
within 30 days from the Award Date or as otherwise directed and is subject to review and acceptance by the Office of
Construction Safety prior to the commencement of work at the site.
Unsafe or Unhealthy Condition: A condition that could be potentially hazardous to the health and safety of personnel
or the public, and/or damaging to equipment, machinery, property, or the environment.
Weekly Safety Meetings: Weekly jobsite safety meetings, given to all jobsite personnel by Contractor, with the
purpose of discussing general safety topics and job specific requirements encountered at the DDC work site. Weekly
safety meetings will be documented and will include at a minimum, topics, name and signature of the person
conducting the meeting, names and signatures of attendees, contractor’s name, DDC Project ID, date, and location.
Work: The construction required by the Contractor’s Contract Documents whether completed or partially completed,
performed by the Contractor/ subcontractors. Work refers to the furnishing of labor, furnishing and incorporating
materials and equipment into the construction and providing any service required by the Contract Documents to fulfill
the Contractor’s obligation to complete the Project. For the purposes of these Safety Requirements, the term “Work”
includes all Utility Interference work (commonly referred to as “Section U”, “EP-7”, and “Joint Bid” work) performed
in association with this Contract.

IV. RESPONSIBILITIES
All persons who manage, perform, and provide support for construction projects will conduct operations in compliance
with the requirements identified in this Policy and all applicable governing regulatory agency requirements and
guidelines pertaining to safety in construction.
A. Resident Engineer
1. Review and facilitate Contractor(s) Site Safety Plan submittals to DDC for acceptability.
2. Notify the Office of Construction Safety of the commencement of construction work.
3. Develop and implement a training verification process to ensure that all CM/REI, consultant, Contractor,
and subcontractor employees are properly trained. Maintain all applicable initial and refresher training
records and assures documentation availability on site.
4. Maintain documentation of and attend weekly safety meetings and daily safety job briefings.
5. Assure that Contractor(s) JHA’s are current to reflect the work tasks being performed, hazards, and control
methods to mitigate the identified hazards. Verify that all employees at the job site are trained on the JHAs
and maintain supporting documentation on site.
6. Assure adequate planning for all critical construction activities (crane operation, excavation, confined space
entry, etc.) including coordination between Contractor(s) /DDC/ other Agencies as required.
7. Maintain custody of all construction related permits, plans, approvals, drawings, etc., related to the project
and assure their availability on site.
8. Recognize, minimize, or eliminate jobsite and public hazards, through required planning, inspection,
verification, and corrective action process.
9. Monitor the conditions at the site for conformance with the Contractor’s Site Safety Plan, DDC policies,
permits, and all applicable regulations and documentation that pertain to construction safety.
10. Notify the Contractor and DDC immediately upon determination of any condition or activity existing which
is not in compliance with the Contractor’s Site Safety Plan, applicable federal, state or local codes or any

CITY OF NEW YORK SAFETY REQUIREMENTS FOR CONSTRUCTION CONTRACTS

DDC 4 JANUARY 2020
 condition that presents a potential risk of injury to the public or workers or possible damage to property.
Direct the Contractor to provide such labor, materials, equipment, and supervision to remedy such conditions.
11. Notify the Office of Construction Safety and the ACCO’s Insurance and Risk Management Unit of project-
related accidents, incidents, and near misses as per DDC’s Construction Safety Emergency and Accident
Notification and Response Procedure within two (2) hours.
12. In case of an accident, incident, or near miss, RE is responsible to protect the integrity of the accident site
including but not limited to: the safeguarding of all evidence, documentation of all personnel on site at the
time of the accident, gather facts related to all accidents, incidents, or near miss, and prepare required DDC
Construction Accident Report as per DDC’s Construction Safety Emergency and Accident Notification and
Response Procedure. Maintain all records pertaining to accidents, incidents, and near miss and have them
available upon request.
13. Notify the Office of Construction Safety within two (2) hours of the start of an inspection by any outside/
regulatory agency personnel, including NYS, OSHA, NYC DOB or any other City/State/Federal oversight
entity and forward a copy of the inspection report within one business day of its receipt.
14. Escort and assist Construction Safety Auditors during all field and record audits.
15. Report any emergency conditions to the Office of Construction Safety immediately.
Note: In addition to the responsibilities listed above, if the Resident Engineer is a CM/REI or other non-City
party hired by the City to manage the Project, the Resident Engineer is also required to do the following:
16. Provide personnel who are certified and or trained appropriately for the requirements of the project.
17. Perform an investigation for any project-related accidents, incidents, and near misses. Within 24-hours of the
time of the accident, incident, or near miss, the CM/REI will submit an investigation report to the Office of
Construction Safety. Such report will include proposed remedial measures and implementation of corrective
actions to prevent recurrence.
DDC reserves the right to request that the CM/REI replace any CM/REI personnel for any reason at any time
during the project.
B. Construction Contractors
Note: For CM-Build and CM-Design-Build Projects, the CM will meet all requirements listed in this
section, as well as the Resident Engineer section above.
1. Submit a completed Safety Questionnaire and other safety performance related documentation with its bid or
as part of a pre-qualification package.
2. Submit a Site Safety Plan within 30 days from the Award Date or as otherwise directed. The Site Safety Plan
is subject to review and acceptance by the Office of Construction Safety prior to the commencement of work
at the site. The Site Safety Plan will be revised and updated as necessary during the course of the project. If
requested by the Office of Construction Safety, the Site Safety Plan must be developed and submitted for
approval using a web-based system, the Site Safety Plan Application (SSP App).
3. Designate and identify a Project Safety Representative in the Site Safety Plan. The Contractor will immediately
notify the Office of Construction Safety, in a form and manner acceptable to the Office of Construction Safety,
of any permanent change to the designated Project Safety Representative. In the event the primary designated
Project Safety Representative is temporary unable to perform his or her duties, an alternate Project Safety
Representative will be provided. Resumes, outlining the qualification and experience for the Project Safety
Representative (s) will be included in the Site Safety Plan and available upon request. DDC reserves the right
to request the Contractor to replace a Project Safety Representative for any reason at any time during the course
of the project.
4. Designate and identify a Competent Person(s) in the Site Safety Plan. Contractor/subcontractor may be required
to provide more than one competent person due to construction operations and based on a number of work
tasks/areas. DDC reserves the right to request the Contractor to replace a Competent Person or provide
additional Competent Person(s) for any reason at any time during the course of the project. The Competent
Person will be present at the site during all work activities.
5. For certain projects, as defined in New York City Construction Codes – Title 28, designate and identify the
Licensed Site Safety Manager or Registered Construction Superintendent. Resumes, outlining the qualification
and experience for the Licensed Site Safety Manager or Registered Construction Superintendent will be
included in the Site Safety Plan and available upon request. The Contractor will immediately notify the Office
CITY OF NEW YORK SAFETY REQUIREMENTS FOR CONSTRUCTION CONTRACTS
DDC 5 JANUARY 2020
 of Construction Safety, in a form and manner acceptable to the Office of Construction Safety, of any permanent
change to the designated Site Safety Manager and/or Construction Superintendent. In the event the primary
designated Site Safety Manager or Construction Superintendent is temporarily unable to perform his
or her duties, an alternate Licensed Site Safety Manager and/or Registered Construction Superintendent will be
provided. The Office of Construction Safety must be informed of such change. DDC reserves the right to
request the Contractor to replace Site Safety Manager or Construction Superintendent for any reason at any
time during the course of the project.
6. Develop a written Job Hazard Analysis (JHA) that identifies safety hazards and control methods for project
specific work tasks. A preliminary JHA will be included in the Site Safety Plan submitted by the Contractor. A
JHA is a living document that will be re-evaluated and revised to address new hazards and tasks that may
develop during the course of the project and will be present at the worksite and produced upon request.
7. Develop project specific safety procedures to protect employees, general public, and property during all
construction activities for the duration of the project.
8. Ensure that all employees are aware of the hazards associated with the project through documented formal and
informal training and/or other communications. Conduct and document new employee and site-specific safety
orientation for all Contractor and subcontractor personnel to review the hazards associated with the project as
identified in the Site Safety Plan and the specific safety procedures and controls that will be used to protect
workers, the general public and property. The Project Safety Representative will conduct this training prior to
mobilization and if necessary during the course of the project. Documentation will be provided to the RE.
9. Prior to performing any work on DDC projects all Contractor’s and subcontractor’s employees will, at a
minimum, have successfully completed, within the previous five calendar years, an OSHA 10-hour construction
safety course.
All training records (OSHA 10-hour, flagger, scaffold, fall protection, confined space, etc.) will be provided
to the RE prior to mobilization, included in the Site Safety Plan, kept current during the course of the project,
and available for review.
10. Conduct and document weekly safety meetings and daily job briefing sessions for the duration of the project.
Attendance at weekly safety meetings and daily job briefing sessions is mandatory. A written record of weekly
safety meetings will be available upon request and job briefing sessions will be available at the worksite.
11. As part of the Site Safety Plan, prepare site specific procedures, such as maintenance and protection of traffic
plan, steel erection plan, confined space program, fall protection plan, demolition plan, site specific emergency
evacuation plan, etc. (if not otherwise provided in the contract documents) and comply with all of its provisions.
12. Have immediately available for review at the project site where actual construction activities are being
performed all applicable documentation, including but not limited to: JHAs for work tasks being performed, all
required training records, MPT plan (where applicable), Noise and Dust Mitigation Plans, excavation protective
system drawings (where applicable), Emergency Evacuation plan, fall protection program (where applicable),
confined space program (where applicable), all required permits, daily job briefing records, all required
documentation for crane operation (where applicable), daily inspection checklist, scaffold and sidewalk
drawings (when applicable), safety data sheets for chemicals in use.
13. Comply with all federal, state and local safety and health rules, laws, and regulations.
14. Comply with all provisions of the Site Safety Plan.
15. Provide, replace, and adequately maintain at or around the project site, suitable and sufficient signage, lights,
barricades and enclosures (fences, sidewalk sheds, netting, bracing, etc.). The project specific MPT plan will
be developed, implemented, and reviewed during the course of the project.
16. The Project Safety Representative will conduct daily safety inspections, document the inspection results,
implement corrective actions for the identified hazards. Maintain the inspection records and have them available
upon request.
17. Report unsafe or unhealthy conditions to the RE as soon as practical, but no more than 24 hours after
discovery, and take prompt actions to remove or abate such conditions. Should an imminent dangerous
condition be discovered, Contractor will stop all work in the area of danger until corrections are made.
18. Report all accidents, incidents and near misses involving injuries to workers or the general public, as well as
property damage, to the RE within one (1) hour.
19. Following an accident or incident, unless otherwise directed, the Contractor will not remove or alter any
equipment, structure, material, or evidence related to the accident or incident. Exception: Immediate emergency
procedures taken to secure structures, temporary construction, operations, or equipment that pose a continued
imminent danger or facilitate assistance for persons who are trapped or who have sustained bodily injury. Take
CITY OF NEW YORK SAFETY REQUIREMENTS FOR CONSTRUCTION CONTRACTS
DDC 6 JANUARY 2020
 additional measures as necessary to secure the accident or incident site and to protect against any further injury
or property damage.
20. The Contractor will perform an investigation into the root cause of the accident, incident, or near miss. Within
24 hours of an accident, incident, or near miss, the Contractor will prepare and submit to the RE a written
investigation report detailing findings, corrective actions, and hazard mitigation implementation to prevent
recurrence.
21. Notify the RE within two (2) hours of the start of an inspection by any outside regulatory agency personnel,
including OSHA, NYC DOB, or others.
22. Maintain all records pertaining to all required safety compliance documents, accidents and incidents reports.
DDC reserves the right to request copy of any records pertaining to the safety of the project and required by
DDC and other federal, state, and city agencies, including but not limited to permits, training records, safety
inspection records, drawings, equipment records, etc.
23. Cooperate with DDC Office of Construction Safety/ RE and address DDC recommendations on safety, which
will in no way relieve the Contractor of its responsibilities for safety on the project. The Contractor has sole
responsibility for safety.

V. SAFETY QUESTIONNAIRE

DDC requires that all Contractors provide information regarding their current and past safety performance and
programs. This will be accomplished by the use of the DDC Safety Questionnaire. As a part of the bid submittal
package, the contractor will submit a completed DDC Safety Questionnaire listing company workers’ compensation
experience modification rating and OSHA Incident Rates for the three (3) years prior to the date of the bid opening.
DDC may request a Contractor to update its Questionnaire at any time or to provide more detailed information. The
Contractor will provide the requested information within 15 days.
The following criteria will be used by DDC in reviewing the Contractor’s responsibility, which will be based on the
information provided on the questionnaire:
Criteria 1: OSHA Injury and Illness Rates (I&IR) are no greater than the average for the industry (based on the
most current Bureau of Labor Statistics data for the Contractors SIC code); and
Criteria 2: Insurance workers compensation Experience Modification Rate (EMR) equal to or less than 1.0; and
Criteria 3: Any willful violations issued by OSHA or NYC DOB within the last three (3) years; and
Criteria 4: A fatality (worker or member of public) and injuries, requiring OSHA notification, experienced on or
near Contractor’s worksite within the last three (3) years; and
Criteria 5: Past safety performance on DDC projects (accidents; status of site safety plan submittals; etc.)
Criteria 6: OSHA violation history for the last three (3) years;
Criteria 7: Contractor will provide OSHA Injury and Illness Records (currently OSHA 300 and 300A Logs) for
the last three (3) years.
If the Contractor fails to meet the basic criteria listed above, the Office of Construction Safety may request, through
the ACCO, more details concerning the Contractor’s safety experience. DDC may request the Contractor to provide
copies of, among other things, accident investigation reports, OSHA records, OSHA and NYC DOB citations, EPA
citations and written corrective action plan.

VI. SITE SAFETY PLAN

Within thirty (30) days from the Award Date or as otherwise directed, the Contractor will submit the Site Safety Plan.
The Site Safety Plan will identify project work scope, safety hazards associated with the project tasks, and include
specific safety procedures and training appropriate and necessary to complete the work. The Site Safety Plan is subject
to review and acceptance by the Office of Construction Safety prior to the commencement of work at the site. Due to
the project work scope and project duration, the Office of Construction Safety may grant a conditional acceptance for
a Site Safety Plan without all sections being complete. In a case of a “Conditional Acceptance” of a Site Safety Plan,
CITY OF NEW YORK SAFETY REQUIREMENTS FOR CONSTRUCTION CONTRACTS
DDC 7 JANUARY 2020
the Contractor will provide the remaining sections previously incomplete and/or not submitted for review and
acceptance by the Office of Construction Safety prior to the commencement of the construction activities. The Office
of Construction Safety reserves the right to withdraw the initial “Conditional Acceptance” if the Contractor fails to
provide the remaining sections of a Site Safety Plan. Failure by the Contractor to submit an acceptable Site Safety
Plan will be grounds for default.

Site Safety Plan requirements: The Site Safety Plan will be a written document and will apply to all project specific
Contractor and subcontractor operations, and will have at a minimum, the following elements with each described in
a separate section (It may be necessary to modify the basic format for certain unique or high-risk projects, such as
tunnels or high-rise construction). All Site Safety Plan sections will be numbered in the order listed below. For
sections, which are not applicable for the type of the work being performed by the Contractor on DDC project, the
Contractor will in writing indicate “Not applicable based on the project work scope.” The Site Safety Plan will include
Contractor’s name, DDC project ID, project location (s), and development and revision dates. The Site Safety Plan
will include the sections, attachments, and appendixes provided in the Site Safety Plan. All pages of the Site Safety
Plan will be numbered. If requested by the Office of Construction Safety, the Site Safety Plan must be developed and
submitted for approval using a web-based system, the Site Safety Plan Application (SSP App).

1. Project Work Scope – Detailed information regarding work tasks that will be performed by Contractor and
subcontractors under the project.
2. Responsibility and Organization – Contractor’s organization chart with responsible personnel for the project,
including titles, names, contact information, roles, and responsibilities. All Contractor’s personnel required
by the DDC Safety Requirements will be identified.
3. Safety Training and Education – OSHA 10 Hours training, requirements for daily safety briefings and weekly
safety meetings, any work task specific training, responsible staff for implementation of training program for
the project.
4. Job Hazard Analysis (JHA) – Project specific Job Hazard Analysis including work tasks, identified hazards,
hazard control methods (administrative, engineering, PPE) to protect workers, property and general public,
Contractor’s name, project id, location, name and signature of a certifying person, hazard assessment date.
5. Protection of Public – Project specific procedures covering safety of the general public during all project
construction activities.
6. Hazard Corrective Actions - Procedures for hazard identification, including responsible person(s), frequency
of safety inspections, implementation of corrective actions, safety inspection checklist.
7. Accident/Exposure Investigation – Project specific procedures for accident/incident/near miss investigation
and implementation of corrective actions. Accident/incident/near miss notification procedure of DDC project
staff (timer frame and responsible personnel).
8. Recording and Reporting Injuries – Procedures to meet 29 CFR 1904 requirements.
9. First Aid and Medical Attention – Responsible staff, location and inspection of First Aid kit, directions to
local hospitals; emergency telephone numbers.
10. Project Specific Fire Protection and Prevention Program – Project specific procedures, including responsible
staff, fire alarm system/methods, hot work procedures, etc.
11. Housekeeping Procedure.
12. Project Specific Illumination Procedure.
13. Project Specific Sanitation Procedure.
14. Personal Protective Equipment (PPE), including Respiratory Protection Program and Hearing Conservation
Program, if required.
15. Hazard Communication Program – Contractor’s Hazard Communication Program, responsible staff; training;
SDS records, project specific list of chemicals; location of the program and SDS records.
16. Means of Egress – Information regarding free and unobstructed egress from all parts of the building or
structure; exit marking; maintenance of means of egress, etc.
17. Employee Emergency Action Plan – Project specific: responsible staff, emergency alarm system/devices,
evacuation procedure, procedure to account for employees after evacuation, etc.
18. Evacuation Plan – Project specific evacuation plan (drawing/scheme) with exists and evacuation routes.
19. Ionizing/Nonionizing Radiation – Competent person, license and qualification requirements, type of
radiation, employee’s exposure and protection, safety procedures, etc.

CITY OF NEW YORK SAFETY REQUIREMENTS FOR CONSTRUCTION CONTRACTS

DDC 8 JANUARY 2020
 20. Material Handling, Storage, Use and Disposal – Project specific information regarding material storage,
disposal, and handling: procedures, plan/drawings, etc.
21. Signs, Signals, and Barricades – Use of danger/warning signs, safety instruction signs, sidewalk closure and
pedestrian fencing and barricades (if not included in the MPT plan), etc.
22. Tools – Hand and Power – Safety procedures for the type of tools to be used.
23. Scaffold – Project specific scaffold types, procedures, training requirements, scaffold drawings, designed,
sealed, and signed by NYS Licensed Professional Engineer, or as otherwise directed; competent person,
criteria for project specific scaffold, falling object protection, procedures for aerial lifts/scissor lifts.
24. Welding and Cutting – Project specific procedure for welding and cutting, including all necessary safety
requirements such as fire prevention, personal protective equipment, hot work permits (if not covered by
Contractor’s Fire Prevention and Protection program, FDNY certificate requirements).
25. Electrical Safety – Project specific procedures, including lock out-tag out.
26. Fall Protection – Project specific information regarding selected fall protection systems, fall protection plan,
responsible staff.
27. Cranes, Derrick, Hoists, Elevators, Conveyors – project specific equipment information including type,
rated load capacity, manufacture specification requirements, competent person, exposure to falling load,
inspection, recordkeeping, clearance requirements, communication procedure, ground lines, permits.
28. Excavation Safety – Competent person; excavation procedures; project specific protective system, including
drawings, designed, sealed, and signed by NYS Licensed Professional Engineer, or as otherwise directed.
29. Protection of Underground Facilities and Utilities Procedure, including responsible staff and responsibilities.
30. Concrete and Masonry Construction Procedures
31. Maintenance and Protection of Traffic Plan – Project specific MPT plan, designed, sealed, and signed by
NYS Licensed Professional Engineer, or as otherwise directed; flagmen training, public safety, etc.
32. Steel Erection – Site specific erection plan, requirements for applicable written notifications, competent
person, fall protection plan, training requirements, etc.
33. Demolition – Engineering survey, including written evidence, disconnection of all effected utilities,
identification of all hazardous chemicals, materials, gases, etc., floor openings, chutes, inspection and
maintenance of all stairs/passageways, removal of materials/debris/structural elements, lock out/tag out,
competent person.
34. Blasting and the Use of Explosives – Project specific safety procedures, warning signs, training/qualification,
transportation, storage and use of explosives, inspection.
35. Stairways and Ladders – Types of stairs and ladders, safety procedures, training requirements.
36. Alcohol and Drug Abuse Policy
37. Rodents and Vermin Controls
38. Toxic and Hazardous Substances – Safety procedures for substances that Contractor’s and subcontractor’s
employees can be exposed on project.
39. Noise Mitigation Plan – Completed project specific Noise Mitigation Plan, and noise mitigation procedures.
40. Confined Space Program – Project specific Confined Space Program, responsible staff, training records,
equipment information, rescue procedure, list of project specific confined spaces, forms.
41. Construction Vehicles/Heavy Equipment – Type of construction vehicles/heavy equipment to be used on
site, procedures
42. Dust Mitigation Plan – Completed project specific Dust Mitigation Plan, and dust mitigation procedures.
43. Working Over and Near Water. Diving Operations – safety procedures including personal protective
equipment, fall protection, rescue services, etc.
The most critical component of the Site Safety Plan is the Job Hazard Analysis (JHA) section. The JHA form is a
written document prepared by the Contractor. The Contractor will conduct a site and task assessment to identify the
tasks and any potential safety or environmental hazards related to performance of the work, eliminate or implement
controls for the potential hazards, and identify proper personal protective equipment for the task. The JHA will be
communicated to all Contractor/subcontractor personnel on site. The JHA will include safety hazard identification
and controls to protect employees, general public, and property.
The initial JHA will be included in the Contractor’s Site Safety Plan and the current JHA form will be available at the
construction site for reference. A JHA is a living document that will be re-evaluated and revised to address new hazards
and tasks that may develop and will be present at the worksite and produced upon request.

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DDC 9 JANUARY 2020
VII. KICK-OFF MEETINGS/PRE-CONSTRUCTION AND SAFETY REVIEW
Prior to the start of construction activities on all DDC projects, RE will invite the Office of Construction Safety to the
construction kick-off meeting. The Office of Construction Safety representative(s) will participate in this meeting with
the Contractor and RE for the purpose of:
A. Reviewing DDC Contract Safety Requirements
B. Reviewing site-specific safety issues based on a project work scope, location, and any other factors
which may impact safety of workers and general public.
C. Reviewing the Site Safety Plan and JHA requirements.
D. Reviewing Accident/Incident reporting and investigation procedures.
E. Reviewing designated safety contacts, roles, and responsibilities.
F. Discussing planned inspections and audits of the site by the Office of Construction Safety personnel.

VIII. EVALUATION DURING WORK IN PROGRESS

The Contractor’s adherence to these Safety Requirements will be monitored throughout the project. This will be
accomplished by the following:
A. Use of a safety checklist by a representative of the Office of Construction Safety (or other designated DDC
representative) and the RE during regular inspections and comprehensive audits of the job site. Field Exit
Conferences will be held with the RE and Contractor Project Safety Representatives.
B. The RE will continually monitor the safety and environmental performance of the Contractor’s employees
and work methods. Deficiencies will be brought to the attention of the Contractor’s Project Safety
Representative on site for immediate correction. The RE will maintain a written record of these deficiencies
and have these records available upon request. Any critical deficiencies will be immediately reported to the
Office of Construction Safety via telephone (718)391-1911.
C. If the Contractor’s safety performance during the project is not up to DDC standards (safety performance
measure, accident/incident rate, etc.) the Director – Office of Construction Safety, or his/her designee will
meet with the Contractor’s Project Safety Representative and other representatives, the RE, and the DDC
Environmental Specialist (if environmental issues are involved). The purpose of this meeting is to 1)
determine the level of non-compliance; 2) explain and clarify the safety/environmental provisions; 3) agree
on a future course of action to correct the deficiencies.
D. If the deficiencies continue, the Commissioner may, without limitation, declare the Contractor in default.
E. The Contractor will within 1 hour inform the RE of all accidents/incidents/near misses including all fatalities,
any injuries to employees or members of the general public, and property damage (e.g., structural damage,
equipment rollovers, utility damage, loads dropped from crane). The RE will notify the Office of
Construction Safety as per DDC’s Construction Safety Emergency and Accident Notification and Response
Procedure and will maintain a record of all Contractor accidents/incidents for the project.
F. The Contractor and the RE will notify the Office of Construction Safety within two (2) hours of the start of
any NYS-DOL/ NYC-COSH/ OSHA/ EPA inspections.

IX. SAFETY PERFORMANCE EVALUATION

The Contractor’s safety record, including accident/incident history and DDC safety inspection results, will be
considered as part of the Contractor’s performance evaluation at the conclusion of the project. Poor safety
performance during the course of the project will be a reason to rate a Contractor unsatisfactory which may be reflected
in the City’s PASSPort system and will be considered for future procurement actions as set forth in the City’s
Procurement Policy Board Rules.

CITY OF NEW YORK SAFETY REQUIREMENTS FOR CONSTRUCTION CONTRACTS

DDC 10 JANUARY 2020
 CITY OF NEW YORK

STANDARD CONSTRUCTION CONTRACT

March 2017
 

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 CITY OF NEW YORK
STANDARD CONSTRUCTION CONTRACT

TABLE OF CONTENTS

CHAPTER I: THE CONTRACT AND DEFINITIONS .............................................................................. 1

ARTICLE 1. THE CONTRACT ...........................................................................................................................1
ARTICLE 2. DEFINITIONS .................................................................................................................................1
CHAPTER II: THE WORK AND ITS PERFORMANCE........................................................................... 4
ARTICLE 3. CHARACTER OF THE WORK ....................................................................................................4
ARTICLE 4. MEANS AND METHODS OF CONSTRUCTION ......................................................................4
ARTICLE 5. COMPLIANCE WITH LAWS .......................................................................................................5
ARTICLE 6. INSPECTION ................................................................................................................................10
ARTICLE 7. PROTECTION OF WORK AND OF PERSONS AND PROPERTY; NOTICES AND
INDEMNIFICATION ...........................................................................................................................................11
CHAPTER III: TIME PROVISIONS ......................................................................................................... 12
ARTICLE 8. COMMENCEMENT AND PROSECUTION OF THE WORK ...............................................12
ARTICLE 9. PROGRESS SCHEDULES ...........................................................................................................13
ARTICLE 10. REQUESTS FOR INFORMATION OR APPROVAL ............................................................13
ARTICLE 11. NOTICE OF CONDITIONS CAUSING DELAY AND DOCUMENTATION OF
DAMAGES CAUSED BY DELAY ......................................................................................................................14
ARTICLE 12. COORDINATION WITH OTHER CONTRACTORS ............................................................18
ARTICLE 13. EXTENSION OF TIME FOR PERFORMANCE ....................................................................19
ARTICLE 14. COMPLETION AND FINAL ACCEPTANCE OF THE WORK ..........................................21
ARTICLE 15. LIQUIDATED DAMAGES ........................................................................................................23
ARTICLE 16. OCCUPATION OR USE PRIOR TO COMPLETION ...........................................................23
CHAPTER IV: SUBCONTRACTS AND ASSIGNMENTS ..................................................................... 24
ARTICLE 17. SUBCONTRACTS.......................................................................................................................24
ARTICLE 18. ASSIGNMENTS ..........................................................................................................................26
CHAPTER V: CONTRACTOR’S SECURITY AND GUARANTEE ...................................................... 26
ARTICLE 19. SECURITY DEPOSIT ................................................................................................................26
ARTICLE 20. PAYMENT GUARANTEE .........................................................................................................27
ARTICLE 21. RETAINED PERCENTAGE ......................................................................................................29
ARTICLE 22. INSURANCE................................................................................................................................30
ARTICLE 23. MONEY RETAINED AGAINST CLAIMS ..............................................................................36
ARTICLE 24. MAINTENANCE AND GUARANTY .......................................................................................37
CHAPTER VI: CHANGES, EXTRA WORK, AND DOCUMENTATION OF CLAIM ......................... 38
ARTICLE 25. CHANGES....................................................................................................................................38
ARTICLE 26. METHODS OF PAYMENT FOR OVERRUNS AND EXTRA WORK ................................38
ARTICLE 27. RESOLUTION OF DISPUTES ..................................................................................................41
ARTICLE 28. RECORD KEEPING FOR EXTRA OR DISPUTED WORK OR WORK ON A TIME &
MATERIALS BASIS.............................................................................................................................................45
ARTICLE 29. OMITTED WORK ......................................................................................................................46
ARTICLE 30. NOTICE AND DOCUMENTATION OF COSTS AND DAMAGES; PRODUCTION OF
FINANCIAL RECORDS ......................................................................................................................................46
CHAPTER VII: POWERS OF THE RESIDENT ENGINEER,THE ENGINEER OR ARCHITECT AND
THE COMMISSIONER ............................................................................................................................. 48
ARTICLE 31. THE RESIDENT ENGINEER....................................................................................................48
ARTICLE 32. THE ENGINEER OR ARCHITECT OR PROJECT MANAGER.........................................48
ARTICLE 33. THE COMMISSIONER ..............................................................................................................48
ARTICLE 34. NO ESTOPPEL ...........................................................................................................................49
CHAPTER VIII: LABOR PROVISIONS................................................................................................... 49
ARTICLE 35. EMPLOYEES ..............................................................................................................................49
ARTICLE 36. NO DISCRIMINATION .............................................................................................................57
ARTICLE 37. LABOR LAW REQUIREMENTS .............................................................................................59

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DDC i March 2017
 ARTICLE 38. PAYROLL REPORTS ................................................................................................................64
ARTICLE 39. DUST HAZARDS ........................................................................................................................64
CHAPTER IX: PARTIAL AND FINAL PAYMENTS ............................................................................. 65
ARTICLE 40. CONTRACT PRICE ...................................................................................................................65
ARTICLE 41. BID BREAKDOWN ON LUMP SUM ........................................................................................65
ARTICLE 42. PARTIAL PAYMENTS ..............................................................................................................65
ARTICLE 43. PROMPT PAYMENT .................................................................................................................66
ARTICLE 44. SUBSTANTIAL COMPLETION PAYMENT..........................................................................66
ARTICLE 45. FINAL PAYMENT ......................................................................................................................67
ARTICLE 46. ACCEPTANCE OF FINAL PAYMENT ...................................................................................68
ARTICLE 47. APPROVAL BY PUBLIC DESIGN COMMISSION...............................................................69
CHAPTER X: CONTRACTOR’S DEFAULT .......................................................................................... 69
ARTICLE 48. COMMISSIONER’S RIGHT TO DECLARE CONTRACTOR IN DEFAULT ...................69
ARTICLE 49. EXERCISE OF THE RIGHT TO DECLARE DEFAULT ......................................................71
ARTICLE 50. QUITTING THE SITE ................................................................................................................71
ARTICLE 51. COMPLETION OF THE WORK ..............................................................................................71
ARTICLE 52. PARTIAL DEFAULT .................................................................................................................71
ARTICLE 53. PERFORMANCE OF UNCOMPLETED WORK ....................................................................72
ARTICLE 54. OTHER REMEDIES ...................................................................................................................72
CHAPTER XI: MISCELLANEOUS PROVISIONS ................................................................................. 72
ARTICLE 55. CONTRACTOR’S WARRANTIES ...........................................................................................72
ARTICLE 56. CLAIMS AND ACTIONS THEREON .......................................................................................73
ARTICLE 57. INFRINGEMENT .......................................................................................................................73
ARTICLE 58. NO CLAIM AGAINST OFFICIALS, AGENTS OR EMPLOYEES ......................................74
ARTICLE 59. SERVICE OF NOTICES ............................................................................................................74
ARTICLE 60. UNLAWFUL PROVISIONS DEEMED STRICKEN FROM CONTRACT...........................74
ARTICLE 61. ALL LEGAL PROVISIONS DEEMED INCLUDED ...............................................................74
ARTICLE 62. TAX EXEMPTION .....................................................................................................................74
ARTICLE 63. INVESTIGATION(S) CLAUSE ..................................................................................................76
ARTICLE 64. TERMINATION BY THE CITY ................................................................................................78
ARTICLE 65. CHOICE OF LAW, CONSENT TO JURISDICTION AND VENUE ....................................80
ARTICLE 66. PARTICIPATION IN AN INTERNATIONAL BOYCOTT ...................................................81
ARTICLE 67. LOCALLY BASED ENTERPRISE PROGRAM .....................................................................82
ARTICLE 68. ANTITRUST ................................................................................................................................82
ARTICLE 69. MACBRIDE PRINCIPLES PROVISIONS ..............................................................................83
ARTICLE 70. ELECTRONIC FILING/NYC DEVELOPMENT HUB ...........................................................85
ARTICLE 71. PROHIBITION OF TROPICAL HARDWOODS....................................................................85
ARTICLE 72. CONFLICTS OF INTEREST.....................................................................................................85
ARTICLE 73. MERGER CLAUSE ....................................................................................................................85
ARTICLE 74. STATEMENT OF WORK ..........................................................................................................85
ARTICLE 75. COMPENSATION TO BE PAID TO CONTRACTOR ...........................................................85
ARTICLE 76. ELECTRONIC FUNDS TRANSFER .........................................................................................85
ARTICLE 77. RECORDS RETENTION ............................................................................................................86
ARTICLE 78. EXAMINATION AND VIEWING OF SITE, CONSIDERATION OF OTHER SOURCES
OF INFORMATION AND CHANGED SITE CONDITIONS ..........................................................................86

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ARTICLE 79: PARTICIPATION BY MINORITY-OWNED AND WOMEN-OWNED
BUSINESS ENTERPRISES IN CITY PROCUREMENT ……………………………………87

SIGNATURES …………………………………………………………………………………………………………………………………..95 

ACKNOWLEDGMENT BY CORPORATION …………………………………………………………………………………………96 
ACKNOWLEDGMENT BY PARTNERSHIP……………………………………………………………………………………………96 
ACKNOWLEDGMENT BY INDIVIDUAL ……………………………………………………………………………………………..96 
 

ACKNOWLEDGMENT BY COMMISSIONER ……………………………………………………………………………………….97 
AUTHORITY …………………………………………………………………………………………………………………………………….98 
COMPTROLLER’S CERTIFICATE ………………………………………………………………………………………………………..98 
MAYOR’S CERTIFICATE ……………………………………………………………………………………………………………………99 
PERFORMANCE BOND #1 ……………………………………………………………………………………………………………….100 
PERFORMANCE BOND #2………………………………………………………………………………………………………………..104 
PAYMENT BOND …………………………………………………………………………………………………………………………….108 
 
                                                                                                                                                                                                                          

CITY OF NEW YORK iii STANDARD CONSTRUCTION CONTRACT

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 WITNESSETH:

The parties, in consideration of the mutual agreements contained herein, agree as follows:

CHAPTER I: THE CONTRACT AND DEFINITIONS

ARTICLE 1. THE CONTRACT

1.1 Except for titles, subtitles, headings, running headlines, tables of contents and indices (all of
which are printed herein merely for convenience), the following, except for such portions thereof as may
be specifically excluded, shall be deemed to be part of this Contract:

1.1.1 All provisions required by law to be inserted in this Contract, whether actually
inserted or not;

1.1.2 The Contract Drawings and Specifications;

1.1.3 The General Conditions and Special Conditions, if any;

1.1.4 The Contract;

1.1.5 The Information for Bidders; Request for Proposals; Notice of Solicitation and
Proposal For Bids; Bid or Proposal, and, if used, the Bid Booklet;

1.1.6 All Addenda issued prior to the receipt of the bids; the Notice of Award; Performance
and Payment Bonds, if required; and the Notice to Proceed or the Order to Work.

1.2 Should any conflict occur in or between the Drawings and Specifications, the Contractor shall
be deemed to have estimated the most expensive way of doing the Work, unless the Contractor shall
have asked for and obtained a decision in writing from the Commissioner of the Agency that is entering
into this Contract, before the submission of its bid, as to what shall govern.

ARTICLE 2. DEFINITIONS

2.1 The following words and expressions, or pronouns used in their stead, shall, wherever they
appear in this Contract, be construed as follows, unless a different meaning is clear from the context:

2.1.1 “Addendum” or “Addenda” shall mean the additional Contract provisions and/or
technical clarifications issued in writing by the Commissioner prior to the receipt of bids.

2.1.2 “Agency” shall mean a city, county, borough or other office, position, department,
division, bureau, board or commission, or a corporation, institution or agency of
government, the expenses of which are paid in whole or in part from the City treasury.

2.1.3 “Agency Chief Contracting Officer” (ACCO) shall mean a person delegated
authority by the Commissioner to organize and supervise the procurement activity of
subordinate Agency staff in conjunction with the CCPO, or his/her duly authorized
representative.

CITY OF NEW YORK 1 STANDARD CONSTRUCTION CONTRACT

DDC March 2017
 2.1.4 “Allowance” shall mean a sum of money which the Agency may include in the total
amount of the Contract for such specific contingencies as the Agency believes may be
necessary to complete the Work, e.g., lead or asbestos remediation, and for which the
Contractor will be paid on the basis of stipulated unit prices or a formula set forth in the
Contract or negotiated between the parties provided, however, that if the Contractor is not
directed to use the Allowance, the Contractor shall have no right to such money and it shall
be deducted from the total amount of the Contract.

2.1.5 “City” shall mean the City of New York.

2.1.6 “City Chief Procurement Officer” (CCPO) shall mean a person delegated authority
by the Mayor to coordinate and oversee the procurement activity of Mayoral agency staff,
including the ACCO and any offices which have oversight responsibility for the
procurement of construction, or his/her duly authorized representative.

2.1.7 “Commissioner” shall mean the head of the Agency that has entered into this
Contract, or his/her duly authorized representative.

2.1.8 “Comptroller” shall mean the Comptroller of the City of New York.

2.1.9 “Contract” or “Contract Documents” shall mean each of the various parts of the
contract referred to in Article 1 hereof, both as a whole and severally.

2.1.10 “Contract Drawings” shall mean only those drawings specifically entitled as such
and listed in the Specifications or in any Addendum, or any drawings furnished by the
Commissioner, pertaining or supplemental thereto.

2.1.11 “Contract Work” shall mean everything required to be furnished and done by the
Contractor by any one or more of the parts of the Contract referred to in Article 1, except
Extra Work as hereinafter defined.

2.1.12 “Contractor” shall mean the entity which executed this Contract, whether a
corporation, firm, partnership, joint venture, individual, or any combination thereof, and its,
their, his/her successors, personal representatives, executors, administrators, and assigns,
and any person, firm, partnership, joint venture, individual, or corporation which shall at
any time be substituted in the place of the Contractor under this Contract.

2.1.13 “Days” shall mean calendar days, except where otherwise specified.

2.1.14 “Engineer” or “Architect” or “Project Manager” shall mean the person so

designated in writing by the Commissioner in the Notice to Proceed or the Order to Work to
act as such in relation to this Contract, including a private Architect or Engineer or Project
Manager, as the case may be. Subject to written approval by the Commissioner, the
Engineer, Architect or Project Manager may designate an authorized representative.

2.1.15 “Engineering Audit Officer” (EAO) shall mean the person so designated by the
Commissioner to perform responsible auditing functions hereunder.

2.1.16 “Extra Work” shall mean Work other than that required by the Contract at the time
of award which is authorized by the Commissioner pursuant to Chapter VI of this Contract.

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DDC March 2017
 2.1.17 “Federal-Aid Contract” shall mean a contract in which the United States (federal)
Government provides financial funding as so designated in the Information for Bidders.

2.1.18 “Final Acceptance” shall mean final written acceptance of all the Work by the
Commissioner, a copy of which shall be sent to the Contractor.

2.1.19 “Final Approved Punch List” shall mean a list, approved pursuant to Article
14.2.2, specifying those items of Work to be completed by the Contractor after Substantial
Completion and dates for the completion of each item of Work.

2.1.20 “Law” or “Laws” shall mean the Constitution of the State of New York, the New
York City Charter, the New York City Administrative Code, a statute of the United States or
of the State of New York, a local law of the City of New York, any ordinance, rule or
regulation having the force of law, or common law.

2.1.21 “Materialman” shall mean any corporation, firm, partnership, joint venture, or
individual, other than employees of the Contractor, who or which contracts with the
Contractor or any Subcontractor, to fabricate or deliver, or who actually fabricates or
delivers, plant, materials or equipment to be incorporated in the Work.

2.1.22 “Means and Methods of Construction” shall mean the labor, materials, temporary
structures, tools, plant, and construction equipment, and the manner and time of their use,
necessary to accomplish the result intended by this Contract.

2.1.23 “Notice to Proceed” or “Order to Work” shall mean the written notice issued by
the Commissioner specifying the time for commencement of the Work and the Engineer,
Architect or Project Manager.

2.1.24 “Other Contractor(s)” shall mean any contractor (other than the entity which
executed this Contract or its Subcontractors) who or which has a contract with the City for
work on or adjacent to the building or Site of the Work.

2.1.25 “Payroll Taxes” shall mean State Unemployment Insurance (SUI), Federal
Unemployment Insurance (FUI), and payments pursuant to the Federal Insurance
Contributions Act (FICA).

2.1.26 “Project” shall mean the public improvement to which this Contract relates.

2.1.27 “Procurement Policy Board” (PPB) shall mean the Agency of the City of New
York whose function is to establish comprehensive and consistent procurement policies and
rules which shall have broad application throughout the City.

2.1.28 “Required Quantity” in a unit price Contract shall mean the actual quantity of any
item of Work or materials which is required to be performed or furnished in order to comply
with the Contract.

2.1.29 “Resident Engineer” shall mean the representative of the Commissioner duly
designated by the Commissioner to be his/her representative at the site of the Work.

2.1.30 “Site” shall mean the area upon or in which the Contractor’s operations are carried
on, and such other areas adjacent thereto as may be designated as such by the Engineer.

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 2.1.31 “Small Tools” shall mean items that are ordinarily required for a worker’s job
function, including but not limited to, equipment that ordinarily has no licensing, insurance
or substantive storage costs associated with it; such as circular and chain saws, impact
drills, threaders, benders, wrenches, socket tools, etc.

2.1.32 “Specifications” shall mean all of the directions, requirements, and standards of
performance applying to the Work as hereinafter detailed and designated under the
Specifications.

2.1.33 “Subcontractor” shall mean any person, firm or corporation, other than employees
of the Contractor, who or which contracts with the Contractor or with its subcontractors to
furnish, or actually furnishes labor, or labor and materials, or labor and equipment, or
superintendence, supervision and/or management at the Site. Wherever the word
Subcontractor appears, it shall also mean sub-Subcontractor.

2.1.34 “Substantial Completion” shall mean the written determination by the Engineer
that the Work required under this Contract is substantially, but not entirely, complete and
the approval of the Final Approved Punch List.

2.1.35 “Work” shall mean all services required to complete the Project in accordance with
the Contract Documents, including without limitation, labor, material, superintendence,
management, administration, equipment, and incidentals, and obtaining any and all permits,
certifications and licenses as may be necessary and required to complete the Work, and shall
include both Contract Work and Extra Work.

CHAPTER II: THE WORK AND ITS PERFORMANCE

ARTICLE 3. CHARACTER OF THE WORK

3.1 Unless otherwise expressly provided in the Contract Drawings, Specifications, and Addenda,
the Work shall be performed in accordance with the best modern practice, utilizing, unless otherwise
specified in writing, new and unused materials of standard first grade quality and workmanship and
design of the highest quality, to the satisfaction of the Commissioner.

ARTICLE 4. MEANS AND METHODS OF CONSTRUCTION

4.1 Unless otherwise expressly provided in the Contract Drawings, Specifications, and Addenda,
the Means and Methods of Construction shall be such as the Contractor may choose; subject,
however, to the Engineer’s right to reject the Means and Methods of Construction proposed by the
Contractor which in the opinion of the Engineer:

4.1.1 Will constitute or create a hazard to the Work, or to persons or property; or

4.1.2 Will not produce finished Work in accordance with the terms of the Contract; or

4.1.3 Will be detrimental to the overall progress of the Project.

4.2 The Engineer’s approval of the Contractor’s Means and Methods of Construction, or
his/her failure to exercise his/her right to reject such means or methods, shall not relieve the Contractor

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of its obligation to complete the Work as provided in this Contract; nor shall the exercise of such right
to reject create a cause of action for damages.

ARTICLE 5. COMPLIANCE WITH LAWS

5.1 The Contractor shall comply with all Laws applicable to this Contract and to the Work to be
done hereunder.

5.2 Procurement Policy Board Rules: This Contract is subject to the Rules of the PPB (“PPB
Rules”) in effect at the time of the bid opening for this Contract. In the event of a conflict between the
PPB Rules and a provision of this Contract, the PPB Rules shall take precedence.

5.3 Noise Control Code provisions.

5.3.1 In accordance with the provisions of Section 24-216(b) of the Administrative Code of
the City (“Administrative Code”), Noise Abatement Contract Compliance, devices and
activities which will be operated, conducted, constructed or manufactured pursuant to this
Contract and which are subject to the provisions of the City Noise Control Code shall be
operated, conducted, constructed, or manufactured without causing a violation of the
Administrative Code. Such devices and activities shall incorporate advances in the art of
noise control development for the kind and level of noise emitted or produced by such
devices and activities, in accordance with regulations issued by the Commissioner of the
City Department of Environmental Protection.

5.3.2 The Contractor agrees to comply with Section 24-219 of the Administrative Code
and implementing rules codified at 15 Rules of the City of New York (“RCNY”) Section
28-100 et seq. In accordance with such provisions, the Contractor, if the Contractor is the
responsible party under such regulations, shall prepare and post a Construction Noise
Mitigation Plan at each Site, in which the Contractor shall certify that all construction
tools and equipment have been maintained so that they operate at normal manufacturers
operating specifications. If the Contractor cannot make this certification, it must have in
place an Alternative Noise Mitigation Plan approved by the City Department of
Environmental Protection. In addition, the Contractor’s certified Construction Noise
Mitigation Plan is subject inspection by the City Department of Environmental Protection
in accordance with Section 28-101 of Title 15 of RCNY. No Contract Work may take
place at a Site unless there is a Construction Noise Mitigation Plan or approved Alternative
Noise Mitigation Plan in place. In addition, the Contractor shall create and implement a
noise mitigation training program. Failure to comply with these requirements may result in
fines and other penalties pursuant to the applicable provisions of the Administrative Code
and RCNY.

5.4 Ultra Low Sulfur Diesel Fuel: In accordance with the provisions of Section 24-163.3 of the
Administrative Code, the Contractor specifically agrees as follows:

5.4.1 Definitions. For purposes of this Article 5.4, the following definitions apply:

5.4.1(a) “Contractor” means any person or entity that enters into a Public Works
Contract with a City Agency, or any person or entity that enters into an agreement
with such person or entity, to perform work or provide labor or services related to
such Public Works Contract.

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 5.4.1(b) “Motor Vehicle” means any self-propelled vehicle designed for transporting
persons or property on a street or highway.

5.4.1(c) “Nonroad Engine” means an internal combustion engine (including the fuel
system) that is not used in a Motor Vehicle or a vehicle used solely for competition,
or that is not subject to standards promulgated under Section 7411 or Section 7521 of
Title 42 of the United States Code, except that this term shall apply to internal
combustion engines used to power generators, compressors or similar equipment used
in any construction program or project.

5.4.1(d) “Nonroad Vehicle” means a vehicle that is powered by a Nonroad Engine,

fifty (50) horsepower and greater, and that is not a Motor Vehicle or a vehicle used
solely for competition, which shall include, but not be limited to, excavators,
backhoes, cranes, compressors, generators, bulldozers, and similar equipment, except
that this term shall not apply to horticultural maintenance vehicles used for
landscaping purposes that are powered by a Nonroad Engine of sixty-five (65)
horsepower or less and that are not used in any construction program or project.

5.4.1(e) “Public Works Contract” means a contract with a City Agency for a
construction program or project involving the construction, demolition, restoration,
rehabilitation, repair, renovation, or abatement of any building, structure, tunnel,
excavation, roadway, park or bridge; a contract with a City Agency for the
preparation for any construction program or project involving the construction,
demolition, restoration, rehabilitation, repair, renovation, or abatement of any
building, structure, tunnel, excavation, roadway, park or bridge; or a contract with a
City Agency for any final work involved in the completion of any construction
program or project involving the construction, demolition, restoration, rehabilitation,
repair, renovation, or abatement of any building, structure, tunnel, excavation,
roadway, park or bridge.

5.4.1(f) “Ultra Low Sulfur Diesel Fuel” means diesel fuel that has a sulfur content of
no more than fifteen parts per million (15 ppm).

5.4.2 Ultra Low Sulfur Diesel Fuel

5.4.2(a) All Contractors shall use Ultra Low Sulfur Diesel Fuel in diesel-powered
Nonroad Vehicles in the performance of this Contract.

5.4.2(b) Notwithstanding the requirements of Article 5.4.2(a), Contractors may use

diesel fuel that has a sulfur content of no more than thirty parts per million (30 ppm)
to fulfill the requirements of this Article 5.4.2, where the Commissioner of the City
Department of Environmental Protection (“DEP Commissioner”) has issued a
determination that a sufficient quantity of Ultra Low Sulfur Diesel Fuel is not
available to meet the needs of Agencies and Contractors. Any such determination
shall expire after six (6) months unless renewed.

5.4.2(c) Contractors shall not be required to comply with this Article 5.4.2 where
the City Agency letting this Contract makes a written finding, which is approved, in
writing, by the DEP Commissioner, that a sufficient quantity of Ultra Low Sulfur
Diesel Fuel, or diesel fuel that has a sulfur content of no more than thirty parts per
million (30 ppm) is not available to meet the requirements of Section 24-163.3 of the
Administrative Code, provided that such Contractor in its fulfillment of the

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 requirements of this Contract, to the extent practicable, shall use whatever quantity
of Ultra Low Sulfur Diesel Fuel or diesel fuel that has a sulfur content of no more
than thirty parts per million (30 ppm) is available. Any finding made pursuant to this
Article 5.4.2(c) shall expire after sixty (60) Days, at which time the requirements of
this Article 5.4.2 shall be in full force and effect unless the City Agency renews the
finding in writing and such renewal is approved by the DEP Commissioner.

5.4.2(d) Contractors may check on determinations and approvals issued by the DEP
Commissioner pursuant to Section 24-163.3 of the Administrative Code, if any, at
www.dep.nyc.gov or by contacting the City Agency letting this Contract.

5.4.2(e) The requirements of this Article 5.4.2 do not apply where they are precluded
by federal or State funding requirements or where the Contract is an emergency
procurement.

5.4.3 Best Available Technology

5.4.3(a) All Contractors shall utilize the best available technology for reducing the
emission of pollutants for diesel-powered Nonroad Vehicles in the performance of
this Contract. For determinations of best available technology for each type of
diesel-powered Nonroad Vehicle, Contractors shall comply with the regulations of
the City Department of Environmental Protection, as and when adopted, Chapter 14
of Title 15 of the Rules of the City of New York (RCNY). The Contractor shall fully
document all steps in the best available technology selection process and shall furnish
such documentation to the City Agency or the DEP Commissioner upon request. The
Contractor shall retain all documentation generated in the best available technology
selection process for as long as the selected best available technology is in use.

5.4.3(b) No Contractor shall be required to replace best available technology for

reducing the emission of pollutants or other authorized technology utilized for a
diesel-powered Nonroad Vehicle in accordance with the provisions of this Article
5.4.3 within three (3) years of having first utilized such technology for such vehicle.

5.4.3(c) This Article 5.4.3 shall not apply to any vehicle used to satisfy the
requirements of a specific Public Works Contract for fewer than twenty (20) Days.

5.4.3(d) The Contractor shall not be required to comply with this Article 5.4.3 with
respect to a diesel-powered Nonroad Vehicle under the following circumstances:

5.4.3(d)(i) Where the City Agency makes a written finding, which is

approved, in writing, by the DEP Commissioner, that the best available
technology for reducing the emission of pollutants as required by this Article
5.4.3 is unavailable for such vehicle, the Contractor shall use whatever
technology for reducing the emission of pollutants, if any, is available and
appropriate for such vehicle.

5.4.3(d)(ii) Where the DEP Commissioner has issued a written waiver

based upon the Contractor having demonstrated to the DEP Commissioner that
the use of the best available technology for reducing the emission of pollutants
might endanger the operator of such vehicle or those working near such vehicle,
due to engine malfunction, the Contractor shall use whatever technology for

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 reducing the emission of pollutants, if any, is available and appropriate for such
vehicle, which would not endanger the operator of such vehicle or those working
near such vehicle.

5.4.3(d)(iii) In determining which technology to use for the purposes of

Articles 5.4.3(d)(i) and 5.4.3(d)(ii) above, the Contractor shall primarily
consider the reduction in emissions of particulate matter and secondarily
consider the reduction in emissions of nitrogen oxides associated with the use of
such technology, which shall in no event result in an increase in the emissions of
either such pollutant.

5.4.3(d)(iv) The Contractor shall submit requests for a finding or a

waiver pursuant to this Article 5.4.3(d) in writing to the DEP Commissioner,
with a copy to the ACCO of the City Agency letting this Contract. Any finding
or waiver made or issued pursuant to Articles 5.4.3(d)(i) and 5.4.3(d)(ii) above
shall expire after one hundred eighty (180) Days, at which time the requirements
of Article 5.4.3(a) shall be in full force and effect unless the City Agency
renews the finding, in writing, and the DEP Commissioner approves such
finding, in writing, or the DEP Commissioner renews the waiver, in writing.

5.4.3(e) The requirements of this Article 5.4.3 do not apply where they are
precluded by federal or State funding requirements or where the Contract is an
emergency procurement.

5.4.4 Section 24-163 of the Administrative Code. The Contractor shall comply with
Section 24-163 of the Administrative Code related to the idling of the engines of motor
vehicles while parking.

5.4.5 Compliance

5.4.5(a) The Contractor’s compliance with Article 5.4 may be independently

monitored. If it is determined that the Contractor has failed to comply with any
provision of Article 5.4, any costs associated with any independent monitoring
incurred by the City shall be reimbursed by the Contractor.

5.4.5(b) Any Contractor who violates any provision of Article 5.4, except as
provided in Article 5.4.5(c) below, shall be liable for a civil penalty between the
amounts of one thousand ($1,000) and ten thousand ($10,000) dollars, in addition to
twice the amount of money saved by such Contractor for failure to comply with
Article 5.4.

5.4.5(c) No Contractor shall make a false claim with respect to the provisions of
Article 5.4 to a City Agency. Where a Contractor has been found to have done so,
such Contractor shall be liable for a civil penalty of twenty thousand ($20,000)
dollars, in addition to twice the amount of money saved by such Contractor in
association with having made such false claim.

5.4.6 Reporting

5.4.6(a) For all Public Works Contracts covered by this Article 5.4, the Contractor
shall report to the City Agency the following information:

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 5.4.6(a)(i) The total number of diesel-powered Nonroad Vehicles used
to fulfill the requirements of this Public Works Contract;

5.4.6(a)(ii) The number of such Nonroad Vehicles that were powered by

Ultra Low Sulfur Diesel Fuel;

5.4.6(a)(iii) The number of such Nonroad Vehicles that utilized the best
available technology for reducing the emission of pollutants, including a
breakdown by vehicle model and the type of technology;

5.4.6(a)(iv) The number of such Nonroad Vehicles that utilized such

other authorized technology in accordance with Article 5.4.3, including a
breakdown by vehicle model and the type of technology used for each such
vehicle;

5.4.6(a)(v) The locations where such Nonroad Vehicles were used; and

5.4.6(a)(vi) Where a determination is in effect pursuant to Article

5.4.2(b) or 5.4.2(c), detailed information concerning the Contractor’s efforts to
obtain Ultra Low Sulfur Diesel Fuel or diesel fuel that has a sulfur content of no
more than thirty parts per million (30 ppm).

5.4.6(b) The Contractor shall submit the information required by Article 5.4.6(a) at
the completion of Work under the Public Works Contract and on a yearly basis no
later than August 1 throughout the term of the Public Works Contract. The yearly
report shall cover Work performed during the preceding fiscal year (July 1 - June
30).

5.5 Ultra Low Sulfur Diesel Fuel. In accordance with the Coordinated Construction Act for
Lower Manhattan, as amended:

5.5.1 Definitions. For purposes of this Article 5.5, the following definitions apply:

5.5.1(a) “Lower Manhattan” means the area to the south of and within the following
lines: a line beginning at a point where the United States pierhead line in the Hudson
River as it exists now or may be extended would intersect with the southerly line
of West Houston Street in the Borough of Manhattan extended, thence easterly along
the southerly side of West Houston Street to the southerly side of Houston Street,
thence easterly along the southerly side of Houston Street to the southerly side of
East Houston Street, thence northeasterly along the southerly side of East Houston
Street to the point where it would intersect with the United States pierhead line in
the East River as it exists now or may be extended, including tax lots within or
immediately adjacent thereto.

5.5.1(b) “Lower Manhattan Redevelopment Project” means any project in Lower

Manhattan that is funded in whole or in part with federal or State funding, or any
project intended to improve transportation between Lower Manhattan and the two air
terminals in the City known as LaGuardia Airport and John F. Kennedy International
Airport, or between Lower Manhattan and the air terminal in Newark known as
Newark Liberty International Airport, and that is funded in whole or in part with
federal funding.

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 5.5.1(c) “Nonroad Engine” means an internal combustion engine (including the fuel
system) that is not used in a Motor Vehicle or a vehicle used solely for competition,
or that is not subject to standards promulgated under Section 7411 or Section 7521 of
Title 42 of the United States Code, except that this term shall apply to internal
combustion engines used to power generators, compressors or similar equipment used
in any construction program or project.

5.5.1(d) “Nonroad Vehicle” means a vehicle that is powered by a Nonroad Engine,

fifty (50) horsepower (HP) and greater, and that is not a Motor Vehicle or a vehicle
used solely for competition, which shall include, but not be limited to, excavators,
backhoes, cranes, compressors, generators, bulldozers, and similar equipment, except
that this terms shall not apply to horticultural maintenance vehicles used for
landscaping purposes that are powered by a Nonroad Engine of sixty-five (65) HP or
less and that are not used in any construction program or project.

5.5.1(e) “Ultra Low Sulfur Diesel Fuel” means diesel fuel that has a sulfur content of
no more than fifteen parts per million (15 ppm).

5.5.2 Requirements. Contractors and Subcontractors are required to use only Ultra Low
Sulfur Diesel Fuel to power the diesel-powered Nonroad Vehicles with engine HP rating of
fifty (50) HP and above used on a Lower Manhattan Redevelopment Project and, where
practicable, to reduce the emission of pollutants by retrofitting such Nonroad Vehicles with
oxidation catalysts, particulate filters, or technology that achieves lowest particulate matter
emissions.

5.6 Pesticides. In accordance with Section 17-1209 of the Administrative Code, to the extent
that the Contractor or any Subcontractor applies pesticides to any property owned or leased by the
City, the Contractor, and any Subcontractor shall comply with Chapter 12 of the Administrative Code.

5.7 Waste Treatment, Storage, and Disposal Facilities and Transporters. In connection with
the Work, the Contractor and any Subcontractor shall use only those waste treatment, storage, and
disposal facilities and waste transporters that possess the requisite license, permit or other governmental
approval necessary to treat, store, dispose, or transport the waste, materials or hazardous substances.

5.8 Environmentally Preferable Purchasing. The Contractor shall ensure that products
purchased or leased by the Contractor or any Subcontractor for the Work that are not specified by the
City or are submitted as equivalents to a product specified by the City comply with the requirements of
the New York City Environmentally Preferable Purchasing Program contained in Chapter 11 of Title 43
of the RCNY, pursuant to Chapter 3 of Title 6 of the Administrative Code.

ARTICLE 6. INSPECTION

6.1 During the progress of the Work and up to the date of Final Acceptance, the Contractor shall
at all times afford the representatives of the City every reasonable, safe, and proper facility for inspecting
all Work done or being done at the Site and also for inspecting the manufacture or preparation of
materials and equipment at the place of such manufacture or preparation.

6.2 The Contractor’s obligation hereunder shall include the uncovering or taking down of finished
Work and its restoration thereafter; provided, however, that the order to uncover, take down and restore
shall be in writing, and further provided that if Work thus exposed proves satisfactory, and if the
Contractor has complied with Article 6.1, such uncovering or taking down and restoration shall be

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considered an item of Extra Work to be paid for in accordance with the provisions of Article 26. If the
Work thus exposed proves unsatisfactory, the City has no obligation to compensate the Contractor for
the uncovering, taking down or restoration.

6.3 Inspection and approval by the Commissioner, the Engineer, Project Manager, or Resident
Engineer, of finished Work or of Work being performed, or of materials and equipment at the place of
manufacture or preparation, shall not relieve the Contractor of its obligation to perform the Work in
strict accordance with the Contract. Finished or unfinished Work not found to be in strict accordance
with the Contract shall be replaced as directed by the Engineer, even though such Work may have been
previously approved and paid for. Such corrective Work is Contract Work and shall not be deemed
Extra Work.

6.4 Rejected Work and materials shall be promptly taken down and removed from the Site, which
must at all times be kept in a reasonably clean and neat condition.

ARTICLE 7. PROTECTION OF WORK AND OF PERSONS AND PROPERTY; NOTICES

AND INDEMNIFICATION

7.1 During the performance of the Work and up to the date of Final Acceptance, the Contractor
shall be under an absolute obligation to protect the finished and unfinished Work against any damage,
loss, injury, theft and/or vandalism and in the event of such damage, loss, injury, theft and/or vandalism,
it shall promptly replace and/or repair such Work at the Contractor’s sole cost and expense, as directed
by the Resident Engineer. The obligation to deliver finished Work in strict accordance with the
Contract prior to Final Acceptance shall be absolute and shall not be affected by the Resident
Engineer’s approval of, or failure to prohibit, the Means and Methods of Construction used by the
Contractor.

7.2 During the performance of the Work and up to the date of Final Acceptance, the Contractor
shall take all reasonable precautions to protect all persons and the property of the City and of others from
damage, loss or injury resulting from the Contractor’s, and/or its Subcontractors’ operations under this
Contract. The Contractor’s obligation to protect shall include the duty to provide, place or replace, and
adequately maintain at or about the Site suitable and sufficient protection such as lights, barricades, and
enclosures.

7.3 The Contractor shall comply with the notification requirements set forth below in the event of
any loss, damage or injury to Work, persons or property, or any accidents arising out of the operations of
the Contractor and/or its Subcontractors under this Contract.

7.3.1 The Contractor shall make a full and complete report in writing to the Resident
Engineer within three (3) Days after the occurrence.

7.3.2 The Contractor shall also send written notice of any such event to all insurance
carriers that issued potentially responsive policies (including commercial general liability
insurance carriers for events relating to the Contractor’s own employees) no later than
twenty (20) days after such event and again no later than twenty (20) days after the
initiation of any claim and/or action resulting therefrom. Such notice shall contain the
following information: the number of the insurance policy, the name of the Named Insured,
the date and location of the incident, and the identity of the persons injured or property
damaged. For any policy on which the City and/or the Engineer, Architect, or Project
Manager are Additional Insureds, such notice shall expressly specify that “this notice is

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 being given on behalf of the City of New York as Additional Insured, such other Additional
Insureds, as well as the Named Insured.”

7.3.2(a) Whenever such notice is sent under a policy on which the City is an
Additional Insured, the Contractor shall provide copies of the notice to the
Comptroller, the Commissioner and the City Corporation Counsel. The copy to the
Comptroller shall be sent to the Insurance Unit, NYC Comptroller’s Office, 1 Centre
Street – Room 1222, New York, New York, 10007. The copy to the Commissioner
shall be sent to the address set forth in Schedule A of the General Conditions. The
copy to the City Corporation Counsel shall be sent to Insurance Claims Specialist,
Affirmative Litigation Division, New York City Law Department, 100 Church Street,
New York, New York 10007.

7.3.2(b) If the Contractor fails to provide any of the foregoing notices to any
appropriate insurance carrier(s) in a timely and complete manner, the Contractor
shall indemnify the City for all losses, judgments, settlements, and expenses,
including reasonable attorneys’ fees, arising from an insurer’s disclaimer of coverage
citing late notice by or on behalf of the City.

7.4 To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold the
City, its employees, and officials (the “Indemnitees”) harmless against any and all claims (including but
not limited to claims asserted by any employee of the Contractor and/or its Subcontractors) and costs
and expenses of whatever kind (including but not limited to payment or reimbursement of attorneys’
fees and disbursements) allegedly arising out of or in any way related to the operations of the
Contractor and/or its Subcontractors in the performance of this Contract or from the Contractor’s
and/or its Subcontractors’ failure to comply with any of the provisions of this Contract or of the Law.
Such costs and expenses shall include all those incurred in defending the underlying claim and those
incurred in connection with the enforcement of this Article 7.4 by way of cross-claim, third-party claim,
declaratory action or otherwise. The parties expressly agree that the indemnification obligation
hereunder contemplates (1) full indemnity in the event of liability imposed against the Indemnitees
without negligence and solely by reason of statute, operation of Law or otherwise; and (2) partial
indemnity in the event of any actual negligence on the part of the Indemnitees either causing or
contributing to the underlying claim (in which case, indemnification will be limited to any liability
imposed over and above that percentage attributable to actual fault whether by statute, by operation of
Law, or otherwise). Where partial indemnity is provided hereunder, all costs and expenses shall be
indemnified on a pro rata basis.

7.4.1 Indemnification under Article 7.4 or any other provision of the Contract shall
operate whether or not Contractor or its Subcontractors have placed and maintained the
insurance specified under Article 22.

7.5 The provisions of this Article 7 shall not be deemed to create any new right of action in favor of
third parties against the Contractor or the City.

CHAPTER III: TIME PROVISIONS

ARTICLE 8. COMMENCEMENT AND PROSECUTION OF THE WORK

8.1 The Contractor shall commence the Work on the date specified in the Notice to Proceed or
the Order to Work. The time for performance of the Work under the Contract shall be computed from

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the date specified in the Notice to Proceed or the Order to Work. TIME BEING OF THE ESSENCE
to the City, the Contractor shall thereafter prosecute the Work diligently, using such Means and
Methods of Construction as are in accord with Article 4 herein and as will assure its completion not
later than the date specified in this Contract, or on the date to which the time for completion may be
extended.

ARTICLE 9. PROGRESS SCHEDULES

9.1 To enable the Work to be performed in an orderly and expeditious manner, the Contractor,
within fifteen (15) Days after the Notice to Proceed or Order to Work, unless otherwise directed by the
Engineer, shall submit to the Engineer a proposed progress schedule based on the Critical Path Method
in the form of a bar graph or in such other form as specified by the Engineer, and monthly cash flow
requirements, showing:

9.1.1 The anticipated time of commencement and completion of each of the various
operations to be performed under this Contract; and

9.1.2 The sequence and interrelation of each of these operations with the others and with
those of other related contracts; and

9.1.3 The estimated time required for fabrication or delivery, or both, of all materials and
equipment required for the Work, including the anticipated time for obtaining required
approvals pursuant to Article 10; and

9.1.4 The estimated amount in dollars the Contractor will claim on a monthly basis.

9.2 The proposed schedule shall be revised as directed by the Engineer, until finally approved by
the Engineer, and after such approval, subject to the provisions of Article 11, shall be strictly adhered to
by the Contractor.

9.3 If the Contractor shall fail to adhere to the approved progress schedule, or to the schedule as
revised pursuant to Article 11, it shall promptly adopt such other or additional Means and Methods of
Construction, at its sole cost and expense, as will make up for the time lost and will assure completion
in accordance with the approved progress schedule. The approval by the City of a progress schedule
which is shorter than the time allotted under the Contract shall not create any liability for the City if the
approved progress schedule is not met.

9.4 The Contractor will not receive any payments until the proposed progress schedule is
submitted.

ARTICLE 10. REQUESTS FOR INFORMATION OR APPROVAL

10.1 From time to time as the Work progresses and in the sequence indicated by the approved
progress schedule, the Contractor shall submit to the Engineer a specific request in writing for each
item of information or approval required by the Contractor. These requests shall state the latest date
upon which the information or approval is actually required by the Contractor, and shall be submitted in
a reasonable time in advance thereof to provide the Engineer a sufficient time to act upon such
submissions, or any necessary re-submissions thereof.

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 10.2 The Contractor shall not have any right to an extension of time on account of delays due to
the Contractor’s failure to submit requests for the required information or the required approval in
accordance with the above requirements.

ARTICLE 11. NOTICE OF CONDITIONS CAUSING DELAY AND DOCUMENTATION OF

DAMAGES CAUSED BY DELAY

11.1 After the commencement of any condition which is causing or may cause a delay in
completion of the Work, including conditions for which the Contractor may be entitled to an extension
of time, the following notifications and submittals are required:

11.1.1 Within fifteen (15) Days after the Contractor becomes aware or reasonably should
be aware of each such condition, the Contractor must notify the Resident Engineer or
Engineer, as directed by the Commissioner, in writing of the existence, nature and effect
of such condition upon the approved progress schedule and the Work, and must state why
and in what respects, if any, the condition is causing or may cause a delay. Such notice shall
include a description of the construction activities that are or could be affected by the
condition and may include any recommendations the Contractor may have to address the
delay condition and any activities the Contractor may take to avoid or minimize the delay.

11.1.2 If the Contractor shall claim to be sustaining damages for delay as provided for in
this Article 11,within forty-five (45) Days from the time such damages are first incurred for
each such condition, the Contractor shall submit to the Commissioner a verified written
statement of the details and estimates of the amounts of such damages, including categories
of expected damages and projected monthly costs, together with documentary evidence of
such damages as the Contractor may have at the time of submission (“statement of delay
damages”), as further detailed in Article 11.6. The Contractor may submit the above
statement within such additional time as may be granted by the Commissioner in writing
upon written request therefor.

11.1.3 Articles 11.1.1 and 11.1.2 do not relieve the Contractor of its obligation to comply
with the provisions of Article 44.

11.2 Failure of the Contractor to strictly comply with the requirements of Article 11.1.1 may, in
the discretion of the Commissioner, be deemed sufficient cause to deny any extension of time on
account of delay arising out of such condition. Failure of the Contractor to strictly comply with the
requirements of both Articles 11.1.1 and 11.1.2 shall be deemed a conclusive waiver by the Contractor
of any and all claims for damages for delay arising from such condition and no right to recover on such
claims shall exist.

11.3 When appropriate and directed by the Engineer, the progress schedule shall be revised by
the Contractor until finally approved by the Engineer. The revised progress schedule must be strictly
adhered to by the Contractor.

11.4 Compensable Delays

11.4.1 The Contractor agrees to make claim only for additional costs attributable to delay
in the performance of this Contract necessarily extending the time for completion of the
Work or resulting from acceleration directed by the Commissioner and required to
maintain the progress schedule, occasioned solely by any act or omission to act of the City
listed below. The Contractor also agrees that delay from any other cause shall be

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 compensated, if at all, solely by an extension of time to complete the performance of the
Work.

11.4.1.1 The failure of the City to take reasonable measures to coordinate and
progress the Work to the extent required by the Contract, except that
the City shall not be responsible for the Contractor’s obligation to
coordinate and progress the Work of its Subcontractors.
11.4.1.2 Unreasonable delays attributable to the review of shop drawings, the
issuance of change orders, or the cumulative impact of change orders
that were not brought about by any act or omission of the Contractor.
11.4.1.3 The unavailability of the Site caused by acts or omissions of the City..
11.4.1.4 The issuance by the Engineer of a stop work order that was not brought
about through any act or omission of the Contractor.
11.4.1.5 Differing site conditions or environmental hazards that were neither
known nor reasonably ascertainable on a pre-bid inspection of the Site
or review of the bid documents or other publicly available sources, and
that are not ordinarily encountered in the Project’s geographical area or
neighborhood or in the type of Work to be performed.
11.4.1.6 Delays caused by the City’s bad faith or its willful, malicious, or
grossly negligent conduct;
11.4.1.7 Delays not contemplated by the parties;
11.4.1.8 Delays so unreasonable that they constitute an intentional abandonment
of the Contract by the City; and
11.4.1.9 Delays resulting from the City’s breach of a fundamental obligation of
the Contract.

11.4.2 No claim may be made for any alleged delay in Substantial Completion of the
Work if the Work will be or is substantially completed by the date of
Substantial Completion provided for in Schedule A unless acceleration has been
directed by the Commissioner to meet the date of Substantial Completion set
forth in Schedule A, or unless there is a provision in the Contract providing for
additional compensation for early completion.

11.4.3 The provisions of this Article 11 apply only to claims for additional costs
attributable to delay and do not preclude determinations by the Commissioner allowing
reimbursements for additional costs for Extra Work pursuant to Articles 25 and 26 of this
Contract. To the extent that any cost attributable to delay is reimbursed as part of a change
order, no additional claim for compensation under this Article 11 shall be allowed.

11.5 Non-Compensable Delays. The Contractor agrees to make no claim for, and is deemed to
have included in its bid prices for the various items of the Contract, the extra/additional costs
attributable to any delays caused by or attributable to the items set forth below. For such items, the
Contractor shall be compensated, if at all, solely by an extension of time to complete the performance of
the Work, in accordance with the provisions of Article 13. Such extensions of time will be granted, if at
all, pursuant to the grounds set forth in Article 13.3.

11.5.1 The acts or omissions of any third parties, including but not limited to Other
Contractors, public/ governmental bodies (other than City Agencies), utilities or private
enterprises, who are disclosed in the Contract Documents or are ordinarily encountered or
generally recognized as related to the Work;

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 11.5.2 Any situation which was within the contemplation of the parties at the time of
entering into the Contract, including any delay indicated or disclosed in the Contract
Documents or that would be generally recognized by a reasonably prudent contractor as
related to the nature of the Work, and/or the existence of any facility or appurtenance
owned, operated or maintained by any third party, as indicated or disclosed in the Contract
Documents or ordinarily encountered or generally recognized as related to the nature of the
Work;

11.5.3 Restraining orders, injunctions or judgments issued by a court which were caused by
a Contractor’s submission, action or inaction or by a Contractor’s Means and Methods of
Construction, or by third parties, unless such order, injunction or judgment was the result
of an act or omission by the City;

11.5.4 Any labor boycott, strike, picketing, lockout or similar situation;

11.5.5 Any shortages of supplies or materials, or unavailability of equipment, required by

the Contract Work;

11.5.6 Climatic conditions, storms, floods, droughts, tidal waves, fires, hurricanes,
earthquakes, landslides or other catastrophes or acts of God, or acts of war or of the public
enemy or terrorist acts, including the City’s reasonable responses thereto; and

11.5.7 Extra Work which does not significantly affect the overall completion of the
Contract, reasonable delays in the review or issuance of change orders or field orders
and/or in shop drawing reviews or approvals.

11.6 Required Content of Submission of Statement of Delay Damages

11.6.1 In the verified written statement of delay damages required by Article 11.1.2, the
following information shall be provided by the Contractor:

11.6.1.1 For each delay, the start and end dates of the claimed periods of delay
and, in addition, a description of the operations that were delayed, an
explanation of how they were delayed, and the reasons for the delay,
including identifying the applicable act or omission of the City listed in
Article 11.4.
11.6.1.2 A detailed factual statement of the claim providing all necessary dates,
locations and items of Work affected by the claim.
11.6.1.3 The estimated amount of additional compensation sought and a
breakdown of that amount into categories as described in Article 11.7.
11.6.1.4 Any additional information requested by the Commissioner.

11.7 Recoverable Costs

11.7.1 Delay damages may be recoverable for the following costs actually and
necessarily incurred in the performance of the Work:

11.7.1.1 Direct labor, including payroll taxes (subject to statutory wage caps)
and supplemental benefits, based on time and materials records;
11.7.1.2 Necessary materials (including transportation to the Site), based on time
and material records;

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 11.7.1.3 Reasonable rental value of necessary plant and equipment other than
small tools, plus fuel/energy costs according to the applicable formula
set forth in Articles 26.2.4 and/or 26.2.8, based on time and material
records;
11.7.1.4 Additional insurance and bond costs;
11.7.1.5 Extended Site overhead, field office rental, salaries of field office staff,
on-site project managers and superintendents, field office staff vehicles,
Project-specific storage, field office utilities and telephone, and field
office consumables;
11.7.1.6 Labor escalation costs based on actual costs;
11.7.1.7 Materials and equipment escalation costs based on applicable industry
indices unless documentation of actual increased cost is provided;
11.7.1.8 Additional material and equipment storage costs based on actual
documented costs and additional costs necessitated by extended
manufacturer warranty periods; and
11.7.1.9 Extended home office overhead calculated based on the following
formula:
(1) Subtract from the original Contract amount the amount
earned by original contractual Substantial Completion date
(not including change orders);
(2) Remove 15% overhead and profit from the calculation in
item (1) by dividing the results of item (1) by 1.15;
(3) Multiply the result of item (2) by 7.25% for the total home
office overhead;
(4) Multiply the result of item (3) by 7.25% for the total profit;
and
(5) The total extended home office overhead will be the total of
items (3) and (4).

11.7.2 Recoverable Subcontractor Costs. When the Work is performed by a

Subcontractor, the Contractor may be paid the actual and necessary costs of such
subcontracted Work as outlined above in Articles 11.7.1.1 through 11.7.1.8, and an
additional overhead of 5% of the costs outlined in Articles 11.7.1.1 through 11.7.1.3.

11.7.3 Non-Recoverable Costs. The parties agree that the City will have no liability for
the following items and the Contractor agrees it shall make no claim for the following
items:

11.7.3.1Profit, or loss of anticipated or unanticipated profit, except as provided

in Article 11.7.1.9;
11.7.3.2Consequential damages, including, but not limited to, construction or
bridge loans or interest paid on such loans, loss of bonding capacity,
bidding opportunities, or interest in investment, or any resulting
insolvency;
11.7.3.3 Indirect costs or expenses of any nature except those included in Article
11.7.1;
11.7.3.4 Direct or indirect costs attributable to performance of Work where the
Contractor, because of situations or conditions within its control, has
not progressed the Work in a satisfactory manner; and
11.7.3.5 Attorneys’ fees and dispute and claims preparation expenses.

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 11.8 Any claims for delay under this Article 11 are not subject to the jurisdiction of the Contract
Dispute Resolution Board pursuant to the dispute resolution process set forth in Article 27.

11.9 Any compensation provided to the Contractor in accordance with this Article 11 will be
made pursuant to a claim filed with the Comptroller. Nothing in this Article 11 extends
the time for the Contractor to file an action with respect to a claim within six months after
Substantial Completion pursuant to Article 56.

ARTICLE 12. COORDINATION WITH OTHER CONTRACTORS

12.1 During the progress of the Work, Other Contractors may be engaged in performing other
work or may be awarded other contracts for additional work on this Project. In that event, the
Contractor shall coordinate the Work to be done hereunder with the work of such Other Contractors
and the Contractor shall fully cooperate with such Other Contractors and carefully fit its own Work to
that provided under other contracts as may be directed by the Engineer. The Contractor shall not
commit or permit any act which will interfere with the performance of work by any Other Contractors.

12.2 If the Engineer determines that the Contractor is failing to coordinate its Work with the
work of Other Contractors as the Engineer has directed, then the Commissioner shall have the right to
withhold any payments otherwise due hereunder until the Contractor completely complies with the
Engineer’s directions.

12.3 The Contractor shall notify the Engineer in writing if any Other Contractor on this Project
is failing to coordinate its work with the Work of this Contract. If the Engineer finds such charges to be
true, the Engineer shall promptly issue such directions to the Other Contractor with respect thereto as
the situation may require. The City shall not, however, be liable for any damages suffered by any Other
Contractor’s failure to coordinate its work with the Work of this Contract or by reason of the Other
Contractor’s failure to promptly comply with the directions so issued by the Engineer, or by reason of
any Other Contractor’s default in performance, it being understood that the City does not guarantee the
responsibility or continued efficiency of any contractor. The Contractor agrees to make no claim against
the City for any damages relating to or arising out of any directions issued by the Engineer pursuant to
this Article 12 (including but not limited to the failure of any Other Contractor to comply or promptly
comply with such directions), or the failure of any Other Contractor to coordinate its work, or the
default in performance of any Other Contractor.

12.4 The Contractor shall indemnify and hold the City harmless from any and all claims or
judgments for damages and from costs and expenses to which the City may be subjected or which it may
suffer or incur by reason of the Contractor’s failure to comply with the Engineer’s directions promptly;
and the Comptroller shall have the right to exercise the powers reserved in Article 23 with respect to
any claims which may be made for damages due to the Contractor’s failure to comply with the
Engineer’s directions promptly. Insofar as the facts and Law relating to any claim would preclude the
City from being completely indemnified by the Contractor, the City shall be partially indemnified by
the Contractor to the fullest extent provided by Law.

12.5 Should the Contractor sustain any damage through any act or omission of any Other
Contractor having a contract with the City for the performance of work upon the Site or of work which
may be necessary to be performed for the proper prosecution of the Work to be performed hereunder, or
through any act or omission of a subcontractor of such Other Contractor, the Contractor shall have no
claim against the City for such damage, but shall have a right to recover such damage from the Other

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Contractor under the provision similar to the following provisions which apply to this Contract and
have been or will be inserted in the contracts with such Other Contractors:

12.5.1 Should any Other Contractor having or who shall hereafter have a contract with
the City for the performance of work upon the Site sustain any damage through any act or
omission of the Contractor hereunder or through any act or omission of any
Subcontractor of the Contractor, the Contractor agrees to reimburse such Other
Contractor for all such damages and to defend at its own expense any action based upon
such claim and if any judgment or claim (even if the allegations of the action are without
merit) against the City shall be allowed the Contractor shall pay or satisfy such judgment
or claim and pay all costs and expenses in connection therewith and agrees to indemnify and
hold the City harmless from all such claims. Insofar as the facts and Law relating to any
claim would preclude the City from being completely indemnified by the Contractor, the
City shall be partially indemnified by the Contractor to the fullest extent provided by Law.

12.6 The City’s right to indemnification hereunder shall in no way be diminished, waived or
discharged by its recourse to assessment of liquidated damages as provided in Article 15, or by the
exercise of any other remedy provided for by Contract or by Law.

ARTICLE 13. EXTENSION OF TIME FOR PERFORMANCE

13.1 If performance by the Contractor is delayed for a reason set forth in Article 13.3, the
Contractor may be allowed a reasonable extension of time in conformance with this Article 13 and the
PPB Rules.

13.2 Any extension of time may be granted only by the ACCO or by the Board for the Extension of
Time (hereafter “Board”) (as set forth below) upon written application by the Contractor.

13.3 Grounds for Extension: If such application is made, the Contractor shall be entitled to an
extension of time for delay in completion of the Work caused solely:

13.3.1 By the acts or omissions of the City, its officials, agents or employees; or

13.3.2 By the act or omissions of Other Contractors on this Project; or

13.3.3 By supervening conditions entirely beyond the control of either party hereto (such
as, but not limited to, acts of God or the public enemy, excessive inclement weather, war or
other national emergency making performance temporarily impossible or illegal, or strikes
or labor disputes not brought about by any act or omission of the Contractor).

13.3.4 The Contractor shall, however, be entitled to an extension of time for such causes
only for the number of Days of delay which the ACCO or the Board may determine to be
due solely to such causes, and then only if the Contractor shall have strictly complied with
all of the requirements of Articles 9 and 10.

13.4 The Contractor shall not be entitled to receive a separate extension of time for each of several
causes of delay operating concurrently, but, if at all, only for the actual period of delay in completion of
the Work as determined by the ACCO or the Board, irrespective of the number of causes contributing to
produce such delay. If one of several causes of delay operating concurrently results from any act, fault or
omission of the Contractor or of its Subcontractors or Materialmen, and would of itself (irrespective

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of the concurrent causes) have delayed the Work, no extension of time will be allowed for the period of
delay resulting from such act, fault or omission.

13.5 The determination made by the ACCO or the Board on an application for an extension of time
shall be binding and conclusive on the Contractor.

13.6 The ACCO or the Board acting entirely within their discretion may grant an application for an
extension of time for causes of delay other than those herein referred.

13.7 Permitting the Contractor to continue with the Work after the time fixed for its completion
has expired, or after the time to which such completion may have been extended has expired, or the
making of any payment to the Contractor after such time, shall in no way operate as a waiver on the part
of the City of any of its rights under this Contract.

13.8 Application for Extension of Time:

13.8.1 Before the Contractor’s time extension request will be considered, the Contractor
shall notify the ACCO of the condition which allegedly has caused or is causing the delay,
and shall submit a written application to the ACCO identifying:

13.8.1(a) The Contractor; the registration number; and Project description;

13.8.1(b) Liquidated damage assessment rate, as specified in the Contract;

13.8.1(c) Original total bid price;

13.8.1(d) The original Contract start date and completion date;

13.8.1(e) Any previous time extensions granted (number and duration); and

13.8.1(f) The extension of time requested.

13.8.2 In addition, the application for extension of time shall set forth in detail:

13.8.2(a) The nature of each alleged cause of delay in completing the Work;

13.8.2(b) The date upon which each such cause of delay began and ended and the
number of Days attributable to each such cause;

13.8.2(c) A statement that the Contractor waives all claims except for those
delineated in the application, and the particulars of any claims which the Contractor
does not agree to waive. For time extensions for Substantial Completion and final
completion payments, the application shall include a detailed statement of the dollar
amounts of each element of claim item reserved; and

13.8.2(d) A statement indicating the Contractor’s understanding that the time

extension is granted only for purposes of permitting continuation of Contract
performance and payment for Work performed and that the City retains its right to
conduct an investigation and assess liquidated damages as appropriate in the future.

13.9 Analysis and Approval of Time Extensions:

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 13.9.1 For time extensions for partial payments, a written determination shall be made by
the ACCO who may, for good and sufficient cause, extend the time for the performance of
the Contract as follows:

13.9.1(a) If the Work is to be completed within six (6) months, the time for
performance may be extended for sixty (60) Days;

13.9.1(b) If the Work is to be completed within less than one (1) year but more than
six (6) months, an extension of ninety (90) Days may be granted;

13.9.1(c) If the Contract period exceeds one (1) year, besides the extension granted
in Article 13.9.1(b), an additional thirty (30) Days may be granted for each multiple
of six (6) months involved beyond the one (1) year period; or

13.9.1(d) If exceptional circumstances exist, the ACCO may extend the time for
performance beyond the extensions in Articles 13.9.1(a), 13.9.1(b), and 13.9.1(c). In
that event, the ACCO shall file with the Mayor’s Office of Contract Services a
written explanation of the exceptional circumstances.

13.9.2 For extensions of time for Substantial Completion and final completion payments,
the Engineer, in consultation with the ACCO, shall prepare a written analysis of the delay
(including a preliminary determination of the causes of delay, the beginning and end dates
for each such cause of delay, and whether the delays are excusable under the terms of this
Contract). The report shall be subject to review by and approval of the Board, which shall
have authority to question its analysis and determinations and request additional facts or
documentation. The report as reviewed and made final by the Board shall be made a part of
the Agency contract file. Neither the report itself nor anything contained therein shall
operate as a waiver or release of any claim the City may have against the Contractor for
either actual or liquidated damages.

13.9.3 Approval Mechanism for Time Extensions for Substantial Completion or Final
Completion Payments: An extension shall be granted only with the approval of the Board
which is comprised of the ACCO of the Agency, the City Corporation Counsel, and the
Comptroller, or their authorized representatives.

13.9.4 Neither the granting of any application for an extension of time to the Contractor
or any Other Contractor on this Project nor the papers, records or reports related to any
application for or grant of an extension of time or determination related thereto shall be
referred to or offered in evidence by the Contractor or its attorneys in any action or
proceeding.

13.10 No Damage for Delay: The Contractor agrees to make no claim for damages for delay in the
performance of this Contract occasioned by any act or omission to act of the City or any of its
representatives, except as provided for in Article 11.

ARTICLE 14. COMPLETION AND FINAL ACCEPTANCE OF THE WORK

14.1 Date for Substantial Completion: The Contractor shall substantially complete the Work
within the time fixed in Schedule A of the General Conditions, or within the time to which such
Substantial Completion may be extended.

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 14.2 Determining the Date of Substantial Completion: The Work will be deemed to be
substantially complete when the two conditions set forth below have been met.

14.2.1 Inspection: The Engineer or Resident Engineer, as applicable, has inspected the
Work and has made a written determination that it is substantially complete.

14.2.2 Approval of Final Approved Punch List and Date for Final Acceptance:
Following inspection of the Work, the Engineer/Resident Engineer shall furnish the
Contractor with a final punch list, specifying all items of Work to be completed and
proposing dates for the completion of each specified item of Work. The Contractor shall
then submit in writing to the Engineer/Resident Engineer within ten (10) Days of the
Engineer/Resident Engineer furnishing the final punch list either acceptance of the dates
or proposed alternative dates for the completion of each specified item of Work. If the
Contractor neither accepts the dates nor proposes alternative dates within ten (10) Days,
the schedule proposed by the Engineer/Resident Engineer shall be deemed accepted. If the
Contractor proposes alternative dates, then, within a reasonable time after receipt, the
Engineer/Resident Engineer, in a written notification to the Contractor, shall approve the
Contractor’s completion dates or, if they are unable to agree, the Engineer/Resident
Engineer shall establish dates for the completion of each item of Work. The latest
completion date specified shall be the date for Final Acceptance of the Work.

14.3 Date of Substantial Completion. The date of approval of the Final Approved Punch List,
shall be the date of Substantial Completion. The date of approval of the Final Approved Punch List
shall be either (a) if the Contractor approves the final punch list and proposed dates for completion
furnished by the Engineer/Resident Engineer, the date of the Contractor’s approval; or (b) if the
Contractor neither accepts the dates nor proposes alternative dates, ten (10) Days after the
Engineer/Resident Engineer furnishes the Contractor with a final punch list and proposed dates for
completion; or (c) if the Contractor proposes alternative dates, the date that the Engineer/Resident
Engineer sends written notification to the Contractor either approving the Contractor’s proposed
alternative dates or establishing dates for the completion for each item of Work.

14.4 Determining the Date of Final Acceptance: The Work will be accepted as final and complete
as of the date of the Engineer’s/Resident Engineer’s inspection if, upon such inspection, the
Engineer/Resident Engineer finds that all items on the Final Approved Punch List are complete and
no further Work remains to be done. The Commissioner will then issue a written determination of Final
Acceptance.

14.5 Request for Inspection: Inspection of the Work by the Engineer/Resident Engineer for the
purpose of Substantial Completion or Final Acceptance shall be made within fourteen (14) Days after
receipt of the Contractor’s written request therefor.

14.6 Request for Re-inspection: If upon inspection for the purpose of Substantial Completion or
Final Acceptance, the Engineer/Resident Engineer determines that there are items of Work still to be
performed, the Contractor shall promptly perform them and then request a re-inspection. If upon re-
inspection, the Engineer/Resident Engineer determines that the Work is substantially complete or
finally accepted, the date of such re-inspection shall be the date of Substantial Completion or Final
Acceptance. Re-inspection by the Engineer/Resident Engineer shall be made within ten (10) Days after
receipt of the Contractor’s written request therefor.

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 14.7 Initiation of Inspection by the Engineer/Resident Engineer: If the Contractor does not
request inspection or re-inspection of the Work for the purpose of Substantial Completion or Final
Acceptance, the Engineer/Resident Engineer may initiate such inspection or re-inspection.

ARTICLE 15. LIQUIDATED DAMAGES

15.1 In the event the Contractor fails to substantially complete the Work within the time fixed for
such Substantial Completion in Schedule A of the General Conditions, plus authorized time extensions,
or if the Contractor, in the sole determination of the Commissioner, has abandoned the Work, the
Contractor shall pay to the City the sum fixed in Schedule A of the General Conditions, for each and
every Day that the time consumed in substantially completing the Work exceeds the time allowed
therefor; which said sum, in view of the difficulty of accurately ascertaining the loss which the City will
suffer by reason of delay in the Substantial Completion of the Work hereunder, is hereby fixed and
agreed as the liquidated damages that the City will suffer by reason of such delay, and not as a penalty.
This Article 15 shall also apply to the Contractor whether or not the Contractor is defaulted pursuant to
Chapter X of this Contract. Neither the failure to assess liquidated damages nor the granting of any time
extension shall operate as a waiver or release of any claim the City may have against the Contractor for
either actual or liquidated damages.

15.2 Liquidated damages received hereunder are not intended to be nor shall they be treated as
either a partial or full waiver or discharge of the City’s right to indemnification, or the Contractor’s
obligation to indemnify the City, or to any other remedy provided for in this Contract or by Law.

15.3 The Commissioner may deduct and retain out of the monies which may become due
hereunder, the amount of any such liquidated damages; and in case the amount which may become due
hereunder shall be less than the amount of liquidated damages suffered by the City, the Contractor shall
be liable to pay the difference.

ARTICLE 16. OCCUPATION OR USE PRIOR TO COMPLETION

16.1 Unless otherwise provided for in the Specifications, the Commissioner may take over, use,
occupy or operate any part of the Work at any time prior to Final Acceptance, upon written notification
to the Contractor. The Engineer or Resident Engineer, as applicable, shall inspect the part of the
Work to be taken over, used, occupied, or operated, and will furnish the Contractor with a written
statement of the Work, if any, which remains to be performed on such part. The Contractor shall not
object to, nor interfere with, the Commissioner’s decision to exercise the rights granted by Article 16. In
the event the Commissioner takes over, uses, occupies, or operates any part of the Work:

16.1.1 the Engineer/Resident Engineer shall issue a written determination of Substantial

Completion with respect to such part of the Work;

16.1.2 the Contractor shall be relieved of its absolute obligation to protect such part of the
unfinished Work in accordance with Article 7;

16.1.3 the Contractor’s guarantee on such part of the Work shall begin on the date of such
use by the City; and;

16.1.4 the Contractor shall be entitled to a return of so much of the amount retained in
accordance with Article 21 as it relates to such part of the Work, except so much thereof as
may be retained under Articles 24 and 44.

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 CHAPTER IV: SUBCONTRACTS AND ASSIGNMENTS

ARTICLE 17. SUBCONTRACTS

17.1 The Contractor shall not make subcontracts totaling an amount more than the percentage of
the total Contract price fixed in Schedule A of the General Conditions, without prior written permission
from the Commissioner. All subcontracts made by the Contractor shall be in writing. No Work may be
performed by a Subcontractor prior to the Contractor entering into a written subcontract with the
Subcontractor and complying with the provisions of this Article 17.

17.2 Before making any subcontracts, the Contractor shall submit a written statement to the
Commissioner giving the name and address of the proposed Subcontractor; the portion of the Work
and materials which it is to perform and furnish; the cost of the subcontract; the VENDEX questionnaire
if required; the proposed subcontract if requested by the Commissioner; and any other information
tending to prove that the proposed Subcontractor has the necessary facilities, skill, integrity, past
experience, and financial resources to perform the Work in accordance with the terms and conditions of
this Contract.

17.3 In addition to the requirements in Article 17.2, Contractor is required to list the
Subcontractor in the web based Subcontractor Reporting System through the City’s Payee Information
Portal (PIP), available at www.nyc.gov/pip. 1 For each Subcontractor listed, Contractor is required to
provide the following information: maximum contract value, description of Subcontractor’s Work, start
and end date of the subcontract and identification of the Subcontractor’s industry. Thereafter,
Contractor will be required to report in the system the payments made to each Subcontractor within 30
days of making the payment. If any of the required information changes throughout the Term of the
Contract, Contractor will be required to revise the information in the system.

Failure of the Contractor to list a Subcontractor and/or to report Subcontractor payments in a

timely fashion may result in the Commissioner declaring the Contractor in default of the Contract and
will subject Contractor to liquidated damages in the amount of $100 per day for each day that the
Contractor fails to identify a Subcontractor along with the required information about the
Subcontractor and/or fails to report payments to a Subcontractor, beyond the time frames set forth
herein or in the notice from the City. Article 15 shall govern the issue of liquidated damages.

17.4 If an approved Subcontractor elects to subcontract any portion of its subcontract, the
proposed sub-subcontract shall be submitted in the same manner as directed above.

17.5 The Commissioner will notify the Contractor in writing whether the proposed
Subcontractor is approved. If the proposed Subcontractor is not approved, the Contractor may submit
another proposed Subcontractor unless the Contractor decides to do the Work. No Subcontractor
shall be permitted to enter or perform any work on the Site unless approved.

17.6 Before entering into any subcontract hereunder, the Contractor shall provide the proposed
Subcontractor with a complete copy of this document and inform the proposed Subcontractor fully and
completely of all provisions and requirements of this Contract relating either directly or indirectly to the
Work to be performed and the materials to be furnished under such subcontract, and every such

1
In order to use the new system, a PIP account will be required. Detailed instructions on creating a PIP
account and using the new system are also available at www.nyc.gov/pip. Additional assistance with PIP
may be obtained by emailing the Financial Information Services Agency Help Desk at [email protected].

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Subcontractor shall expressly stipulate that all labor performed and materials furnished by the
Subcontractor shall strictly comply with the requirements of this Contract.

17.7 Documents given to a prospective Subcontractor for the purpose of soliciting the
Subcontractor’s bid shall include either a copy of the bid cover or a separate information sheet setting
forth the Project name, the Contract number (if available), the Agency (as noted in Article 2.1.6), and
the Project’s location.

17.8 The Commissioner’s approval of a Subcontractor shall not relieve the Contractor of any of
its responsibilities, duties, and liabilities hereunder. The Contractor shall be solely responsible to the
City for the acts or defaults of its Subcontractor and of such Subcontractor’s officers, agents, and
employees, each of whom shall, for this purpose, be deemed to be the agent or employee of the
Contractor to the extent of its subcontract.

17.9 If the Subcontractor fails to maintain the necessary facilities, skill, integrity, past experience,
and financial resources (other than due to the Contractor’s failure to make payments where required) to
perform the Work in accordance with the terms and conditions of this Contract, the Contractor shall
promptly notify the Commissioner and replace such Subcontractor with a newly approved
Subcontractor in accordance with this Article 17.

17.10 The Contractor shall be responsible for ensuring that all Subcontractors performing Work
at the Site maintain all insurance required by Law.

17.11 The Contractor shall promptly, upon request, file with the Engineer a conformed copy of
the subcontract and its cost. The subcontract shall provide the following:

17.11.1 Payment to Subcontractors: The agreement between the Contractor and its
Subcontractor shall contain the same terms and conditions as to method of payment for
Work, labor, and materials, and as to retained percentages, as are contained in this
Contract.

17.11.2 Prevailing Rate of Wages: The agreement between the Contractor and its
Subcontractor shall include the prevailing wage rates and supplemental benefits to be paid
in accordance with Labor Law Section 220.

17.11.3 Section 6-123 of the Administrative Code: Pursuant to the requirements of Section
6-123 of the Administrative Code, every agreement between the Contractor and a
Subcontractor in excess of fifty thousand ($50,000) dollars shall include a provision that
the Subcontractor shall not engage in any unlawful discriminatory practice as defined in
Title VIII of the Administrative Code (Section 8-101 et seq.).

17.11.4 All requirements required pursuant to federal and/or state grant agreement(s), if
applicable to the Work.

17.12 The Commissioner may deduct from the amounts certified under this Contract to be due to
the Contractor, the sum or sums due and owing from the Contractor to the Subcontractors according
to the terms of the said subcontracts, and in case of dispute between the Contractor and its
Subcontractor, or Subcontractors, as to the amount due and owing, the Commissioner may deduct and
withhold from the amounts certified under this Contract to be due to the Contractor such sum or sums
as may be claimed by such Subcontractor, or Subcontractors, in a sworn affidavit, to be due and owing
until such time as such claim or claims shall have been finally resolved.

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 17.13 On contracts where performance bonds and payment bonds are executed, the Contractor
shall include on each requisition for payment the following data: Subcontractor’s name, value of the
subcontract, total amount previously paid to Subcontractor for Work previously requisitioned, and the
amount, including retainage, to be paid to the Subcontractor for Work included in the requisition.

17.14 On Contracts where performance bonds and payment bonds are not executed, the
Contractor shall include with each requisition for payment submitted hereunder, a signed statement
from each and every Subcontractor and/or Materialman for whom payment is requested in such
requisition. Such signed statement shall be on the letterhead of the Subcontractor and/or Materialman
for whom payment is requested and shall (i) verify that such Subcontractor and/or Materialman has
been paid in full for all Work performed and/or material supplied to date, exclusive of any amount
retained and any amount included on the current requisition, and (ii) state the total amount of retainage to
date, exclusive of any amount retained on the current requisition.

ARTICLE 18. ASSIGNMENTS

18.1 The Contractor shall not assign, transfer, convey or otherwise dispose of this Contract, or the
right to execute it, or the right, title or interest in or to it or any part thereof, or assign, by power of
attorney or otherwise any of the monies due or to become due under this Contract, unless the previous
written consent of the Commissioner shall first be obtained thereto, and the giving of any such consent
to a particular assignment shall not dispense with the necessity of such consent to any further or other
assignments.

18.2 Such assignment, transfer, conveyance or other disposition of this Contract shall not be valid
until filed in the office of the Commissioner and the Comptroller, with the written consent of the
Commissioner endorsed thereon or attached thereto.

18.3 Failure to obtain the previous written consent of the Commissioner to such an assignment,
transfer, conveyance or other disposition, may result in the revocation and annulment of this Contract.
The City shall thereupon be relieved and discharged from any further liability to the Contractor, its
assignees, transferees or sublessees, who shall forfeit and lose all monies therefor earned under the
Contract, except so much as may be required to pay the Contractor’s employees.

18.4 The provisions of this clause shall not hinder, prevent, or affect an assignment by the
Contractor for the benefit of its creditors made pursuant to the Laws of the State of New York.

18.5 This Contract may be assigned by the City to any corporation, agency or instrumentality
having authority to accept such assignment.

CHAPTER V: CONTRACTOR’S SECURITY AND GUARANTEE

ARTICLE 19. SECURITY DEPOSIT

19.1 If performance and payment bonds are required, the City shall retain the bid security to ensure
that the successful bidder executes the Contract and furnishes the required payment and performance
security within ten (10) Days after notice of the award of the Contract. If the successful bidder fails to
execute the Contract and furnish the required payment and performance security, the City shall retain
such bid security as set forth in the Information for Bidders. If the successful bidder executes the

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Contract and furnishes the required payment and performance security, the City shall return the bid
security within a reasonable time after the furnishing of such bonds and execution of the Contract by the
City.

19.2 If performance and payment bonds are not required, the bid security shall be retained by the
City as security for the Contractor’s faithful performance of the Contract. If partial payments are
provided, the bid security will be returned to the Contractor after the sum retained under Article 21
equals the amount of the bid security, subject to other provisions of this Contract. If partial payments are
not provided, the bid security will be released when final payment is certified by the City for payment.

19.3 If the Contractor is declared in default under Article 48 prior to the return of the deposit, or if
any claim is made such as referred to in Article 23, the amount of such deposit, or so much thereof as the
Comptroller may deem necessary, may be retained and then applied by the Comptroller:

19.3.1 To compensate the City for any expense, loss or damage suffered or incurred by
reason of or resulting from such default, including the cost of re-letting and liquidated
damages; or

19.3.2 To indemnify the City against any and all claims.

ARTICLE 20. PAYMENT GUARANTEE

20.1 On Contracts where one hundred (100%) percent performance bonds and payment bonds are
executed, this Article 20 does not apply.

20.2 In the event the terms of this Contract do not require the Contractor to provide a payment
bond or where the Contract does not require a payment bond for one hundred (100%) percent of the
Contract price, the City shall, in accordance with the terms of this Article 20, guarantee payment of all
lawful claims for:

20.2.1 Wages and compensation for labor performed and/or services rendered; and

20.2.2 Materials, equipment, and supplies provided, whether incorporated into the Work or
not, when demands have been filed with the City as provided hereinafter by any person,
firm, or corporation which furnished labor, material, equipment, supplies, or any
combination thereof, in connection with the Work performed hereunder (hereinafter
referred to as the “beneficiary”) at the direction of the City or the Contractor.

20.3 The provisions of Article 20.2 are subject to the following limitations and conditions:

20.3.1 If the Contractor provides a payment bond for a value that is less than one hundred
(100%) percent of the value of the Contract Work, the payment bond provided by the
Contractor shall be primary (and non-contributing) to the payment guarantee provided
under this Article 20.

20.3.2 The guarantee is made for the benefit of all beneficiaries as defined in Article 20.2
provided that those beneficiaries strictly adhere to the terms and conditions of Article 20.3.4
and 20.3.5.

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 20.3.3 Nothing in this Article 20 shall prevent a beneficiary providing labor, services or
material for the Work from suing the Contractor for any amounts due and owing the
beneficiary by the Contractor.

20.3.4 Every person who has furnished labor or material, to the Contractor or to a
Subcontractor of the Contractor, in the prosecution of the Work and who has not been
paid in full therefor before the expiration of a period of ninety (90) Days after the date on
which the last of the labor was performed or material was furnished by him/her for which
the claim is made, shall have the right to sue on this payment guarantee in his/her own name
for the amount, or the balance thereof, unpaid at the time of commencement of the action;
provided, however, that a person having a direct contractual relationship with a
Subcontractor of the Contractor but no contractual relationship express or implied with
the Contractor shall not have a right of action upon the guarantee unless he/she shall have
given written notice to the Contractor within one hundred twenty (120) Days from the date
on which the last of the labor was performed or the last of the material was furnished, for
which his/her claim is made, stating with substantial accuracy the amount claimed and the
name of the party to whom the material was furnished or for whom the labor was
performed. The notice shall be served by delivering the same personally to the Contractor
or by mailing the same by registered mail, postage prepaid, in an envelope addressed to the
Contractor at any place where it maintains an office or conducts its business; provided,
however, that where such notice is actually received by the Contractor by other means,
such notice shall be deemed sufficient.

20.3.5 Except as provided in Labor Law Section 220-g, no action on this payment
guarantee shall be commenced after the expiration of the one-year limitations period set
forth in Section 137(4)(b) of the State Finance Law.

20.3.6 The Contractor shall promptly forward to the City any notice or demand received
pursuant to Article 20.3.4. The Contractor shall inform the City of any defenses to the
notice or demand and shall forward to the City any documents the City requests concerning
the notice or demand.

20.3.7 All demands made against the City by a beneficiary of this payment guarantee shall
be presented to the Engineer along with all written documentation concerning the demand
which the Engineer deems reasonably appropriate or necessary, which may include, but
shall not be limited to: the subcontract; any invoices presented to the Contractor for
payment; the notarized statement of the beneficiary that the demand is due and payable, that
a request for payment has been made of the Contractor and that the demand has not been
paid by the Contractor within the time allowed for such payment by the subcontract; and
copies of any correspondence between the beneficiary and the Contractor concerning such
demand. The City shall notify the Contractor that a demand has been made. The
Contractor shall inform the City of any defenses to the demand and shall forward to the
City any documents the City requests concerning the demand.

20.3.8 The City shall make payment only if, after considering all defenses presented by the
Contractor, it determines that the payment is due and owing to the beneficiary making the
demand.

20.3.9 No beneficiary shall be entitled to interest from the City, or to any other costs,
including, but not limited to, attorneys’ fees, except to the extent required by State Finance
Law Section 137.

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 20.4 Upon the receipt by the City of a demand pursuant to this Article 20, the City may withhold
from any payment otherwise due and owing to the Contractor under this Contract an amount sufficient
to satisfy the demand.

20.4.1 In the event the City determines that the demand is valid, the City shall notify the
Contractor of such determination and the amount thereof and direct the Contractor to
immediately pay such amount to the beneficiary. In the event the Contractor, within seven
(7) Days of receipt of such notification from the City, fails to pay the beneficiary, such
failure shall constitute an automatic and irrevocable assignment of payment by the
Contractor to the beneficiary for the amount of the demand determined by the City to be
valid. The Contractor, without further notification or other process, hereby gives its
unconditional consent to such assignment of payment to the beneficiary and authorizes the
City, on its behalf, to take all necessary actions to implement such assignment of payment,
including without limitation the execution of any instrument or documentation necessary to
effectuate such assignment.

20.4.2 In the event that the amount otherwise due and owing to the Contractor by the City
is insufficient to satisfy such demand, the City may, at its option, require payment from the
Contractor of an amount sufficient to cover such demand and exercise any other right to
require or recover payment which the City may have under Law or Contract.

20.4.3 In the event the City determines that the demand is invalid, any amount withheld
pending the City’s review of such demand shall be paid to the Contractor; provided,
however, no lien has been filed. In the event a claim or an action has been filed, the terms
and conditions set forth in Article 23 shall apply. In the event a lien has been filed, the
parties will be governed by the provisions of the Lien Law of the State of New York.

20.5 The provisions of this Article 20 shall not prevent the City and the Contractor from resolving
disputes in accordance with the PPB Rules, where applicable.

20.6 In the event the City determines that the beneficiary is entitled to payment pursuant to this
Article 20, such determination and any defenses and counterclaims raised by the Contractor shall be
taken into account in evaluating the Contractor’s performance.

20.7 Nothing in this Article 20 shall relieve the Contractor of the obligation to pay the claims of
all persons with valid and lawful claims against the Contractor relating to the Work.

20.8 The Contractor shall not require any performance, payment or other bonds of any
Subcontractor if this Contract does not require such bonds of the Contractor.

20.9 The payment guarantee made pursuant to this Article 20 shall be construed in a manner
consistent with Section 137 of the State Finance Law and shall afford to persons furnishing labor or
materials to the Contractor or its Subcontractors in the prosecution of the Work under this Contract
all of the rights and remedies afforded to such persons by such section, including but not limited to, the
right to commence an action against the City on the payment guarantee provided by this Article 20
within the one-year limitations period set forth in Section 137(4)(b).

ARTICLE 21. RETAINED PERCENTAGE

21.1 If this Contract requires one hundred (100%) percent performance and payment security, then
as further security for the faithful performance of this Contract, the Commissioner shall deduct, and

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retain until the substantial completion of the Work, five (5%) percent of the value of Work certified for
payment in each partial payment voucher.

21.2 If this Contract does not require one hundred (100%) percent performance and payment
security and if the price for which this Contract was awarded does not exceed one million ($1,000,000)
dollars, then as further security for the faithful performance of this Contract, the Commissioner shall
deduct, and retain until the substantial completion of the Work, five (5%) percent of the value of Work
certified for payment in each partial payment voucher.

21.3 If this Contract does not require one hundred (100%) percent performance and payment
security and if the price for which this Contract was awarded exceeds one million ($1,000,000) dollars,
then as further security for the faithful performance of this Contract, the Commissioner shall deduct,
and retain until the substantial completion of the Work, up to ten (10%) percent of the value of Work
certified for payment in each partial payment voucher. The percentage to be retained is set forth in
Schedule A of the General Conditions.

ARTICLE 22. INSURANCE

22.1 Types of Insurance: The Contractor shall procure and maintain the following types of
insurance if, and as indicated, in Schedule A of the General Conditions (with the minimum limits and
special conditions specified in Schedule A). Such insurance shall be maintained from the date the
Contractor is required to provide Proof of Insurance pursuant to Article 22.3.1 through the date of
completion of all required Work (including punch list work as certified in writing by the Resident
Engineer), except for insurance required pursuant to Article 22.1.4, which may terminate upon
Substantial Completion of the Contract. All insurance shall meet the requirements set forth in this
Article 22. Wherever this Article requires that insurance coverage be “at least as broad” as a specified
form (including all ISO forms), there is no obligation that the form itself be used, provided that the
Contractor can demonstrate that the alternative form or endorsement contained in its policy provides
coverage at least as broad as the specified form.

22.1.1 Commercial General Liability Insurance: The Contractor shall provide Commercial
General Liability Insurance covering claims for property damage and/or bodily injury,
including death, which may arise from any of the operations under this Contract. Coverage
under this insurance shall be at least as broad as that provided by the latest edition of
Insurance Services Office (“ISO”) Form CG 0001. Such insurance shall be “occurrence”
based rather than “claims-made” and include, without limitation, the following types of
coverage: premises operations; products and completed operations; contractual liability
(including the tort liability of another assumed in a contract); broad form property damage;
independent contractors; explosion, collapse and underground (XCU); construction means
and methods; and incidental malpractice. Such insurance shall contain a “per project”
aggregate limit, as specified in Schedule A, that applies separately to operations under this
Contract.

22.1.1(a) Such Commercial General Liability Insurance shall name the City as an
Additional Insured. Coverage for the City shall specifically include the City’s officials
and employees, be at least as broad as the latest edition of ISO Form CG 20 10 and
provide completed operations coverage at least as broad as the latest edition of ISO Form
CG 20 37.

22.1.1(b) Such Commercial General Liability Insurance shall name all other entities
designated as additional insureds in Schedule A but only for claims arising from the

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 Contractor’s operations under this Contract, with coverage at least as broad as the
latest edition of ISO Form CG 20 26.

22.1.1(c) If the Work requires a permit from the Department of Buildings pursuant to 1
RCNY Section 101-08, the Contractor shall provide Commercial General Liability
Insurance with limits of at least those required by 1 RCNY section 101-08 or greater
limits required by the Agency in accordance with Schedule A. If the Work does not
require such a permit, the minimum limits shall be those provided for in Schedule A.

22.1.1(d) If any of the Work includes repair of a waterborne vessel owned by or to be

delivered to the City, such Commercial General Liability shall include, or be endorsed to
include, Ship Repairer’s Legal Liability Coverage to protect against, without limitation,
liability arising from navigation of such vessels prior to delivery to and acceptance by
the City.

22.1.2 Workers’ Compensation Insurance, Employers’ Liability Insurance, and Disability

Benefits Insurance: The Contractor shall provide, and shall cause its Subcontractors to
provide, Workers Compensation Insurance, Employers’ Liability Insurance, and Disability
Benefits Insurance in accordance with the Laws of the State of New York on behalf of all
employees providing services under this Contract (except for those employees, if any, for
which the Laws require insurance only pursuant to Article 22.1.3).

22.1.3 United States Longshoremen’s and Harbor Workers Act and/or Jones Act Insurance:
If specified in Schedule A of the General Conditions or if required by Law, the Contractor
shall provide insurance in accordance with the United States Longshoremen’s and Harbor
Workers Act and/or the Jones Act, on behalf of all qualifying employees providing services
under this Contract.

22.1.4 Builders Risk Insurance: If specified in Schedule A of the General Conditions, the
Contractor shall provide Builders Risk Insurance on a completed value form for the total
value of the Work through Substantial Completion of the Work in its entirety. Such
insurance shall be provided on an All Risk basis and include coverage, without limitation,
for windstorm (including named windstorm), storm surge, flood and earth movement.
Unless waived by the Commissioner, it shall include coverage for ordinance and law,
demolition and increased costs of construction, debris removal, pollutant clean up and
removal, and expediting costs. Such insurance shall cover, without limitation, (a) all
buildings and/or structures involved in the Work, as well as temporary structures at the
Site, and (b) any property that is intended to become a permanent part of such building or
structure, whether such property is on the Site, in transit or in temporary storage. Policies
shall name the Contractor as Named Insured and list the City as both an Additional Insured
and a Loss Payee as its interest may appear.

22.1.4(a) Policies of such insurance shall specify that, in the event a loss occurs at an
occupied facility, occupancy of such facility is permitted without the consent of the
issuing insurance company.

22.1.4(b) Such insurance may be provided through an Installation Floater, at the

Contractor’s option, if it otherwise conforms with the requirements of this Article
22.1.4.

22.1.5 Commercial Automobile Liability Insurance: The Contractor shall provide

Commercial Automobile Liability Insurance for liability arising out of ownership,

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 maintenance or use of any owned (if any), non-owned and hired vehicles to be used in
connection with this Contract. Coverage shall be at least as broad as the latest edition of
ISO Form CA0001. If vehicles are used for transporting hazardous materials, the
Automobile Liability Insurance shall be endorsed to provide pollution liability broadened
coverage for covered vehicles (endorsement CA 99 48) as well as proof of MCS 90.

22.1.6 Contractors Pollution Liability Insurance: If specified in Schedule A of the General

Conditions, the Contractor shall maintain, or cause the Subcontractor doing such Work
to maintain, Contractors Pollution Liability Insurance covering bodily injury and property
damage. Such insurance shall provide coverage for actual, alleged or threatened emission,
discharge, dispersal, seepage, release or escape of pollutants (including asbestos), including
any loss, cost or expense incurred as a result of any cleanup of pollutants (including
asbestos) or in the investigation, settlement or defense of any claim, action, or proceedings
arising from the operations under this Contract. Such insurance shall be in the
Contractor’s name and list the City as an Additional Insured and any other entity specified
in Schedule A. Coverage shall include, without limitation, (a) loss of use of damaged
property or of property that has not been physically injured, (b) transportation, and (c) non-
owned disposal sites.

22.1.6(a) Coverage for the City as Additional Insured shall specifically include the
City’s officials and employees and be at least as broad as provided to the Contractor
for this Project.

22.1.6(b) If such insurance is written on a claims-made policy, such policy shall have
a retroactive date on or before the effective date of this Contract, and continuous
coverage shall be maintained, or an extended discovery period exercised, for a period
of not less than three (3) years from the time the Work under this Contract is
completed.

22.1.7 Marine Insurance:

22.1.7(a) Marine Protection and Indemnity Insurance: If specified in Schedule A of

the General Conditions or if the Contractor engages in marine operations in the
execution of any part of the Work, the Contractor shall maintain, or cause the
Subcontractor doing such Work to maintain, Marine Protection and Indemnity
Insurance with coverage at least as broad as Form SP-23. The insurance shall provide
coverage for the Contractor or Subcontractor (whichever is doing this Work) and
for the City (together with its officials and employees) and any other entity specified
in Schedule A as an Additional Insured for bodily injury and property damage arising
from marine operations under this Contract. Coverage shall include, without
limitation, injury or death of crew members (if not fully provided through other
insurance), removal of wreck, damage to piers, wharves and other fixed or floating
objects and loss of or damage to any other vessel or craft, or to property on such other
vessel or craft.

22.1.7(b) Hull and Machinery Insurance: If specified in Schedule A of the General

Conditions or if the Contractor engages in marine operations in the execution of any
part of the Work, the Contractor shall maintain, or cause the Subcontractor doing
such Work to maintain, Hull and Machinery Insurance with coverage for the
Contractor or Subcontractor (whichever is doing this Work) and for the City
(together with its officials and employees) as Additional Insured at least as broad as
the latest edition of American Institute Tug Form for all tugs used under this

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 Contract and Collision Liability at least as broad as the latest edition of American
Institute Hull Clauses.

22.1.7(c) Marine Pollution Liability Insurance: If specified in Schedule A of the

General Conditions or if the Contractor engages in marine operations in the
execution of any part of the Work, the Contractor shall maintain, or cause the
Subcontractor doing such Work to maintain, Marine Pollution Liability Insurance
covering itself (or the Subcontractor doing such Work) as Named Insured and the
City (together with its officials and employees) and any other entity specified in
Schedule A as an Additional Insured. Coverage shall be at least as broad as that
provided by the latest edition of Water Quality Insurance Syndicate Form and
include, without limitation, liability arising from the discharge or substantial threat of
a discharge of oil, or from the release or threatened release of a hazardous substance
including injury to, or economic losses resulting from, the destruction of or damage to
real property, personal property or natural resources.

22.1.8 The Contractor shall provide such other types of insurance, at such minimum limits
and with such conditions, as are specified in Schedule A of the General Conditions.

22.2 General Requirements for Insurance Coverage and Policies:

22.2.1 All required insurance policies shall be maintained with companies that may
lawfully issue the required policy and have an A.M. Best rating of at least A-/VII or a
Standard and Poor’s rating of at least A, unless prior written approval is obtained from the
City Corporation Counsel.

22.2.2 The Contractor shall be solely responsible for the payment of all premiums for all
required policies and all deductibles and self-insured retentions to which such policies are
subject, whether or not the City is an insured under the policy.

22.2.3 In his/her sole discretion, the Commissioner may, subject to the approval of the
Comptroller and the City Corporation Counsel, accept Letters of Credit and/or custodial
accounts in lieu of required insurance.

22.2.4 The City’s limits of coverage for all types of insurance required pursuant to
Schedule A of the General Conditions shall be the greater of (i) the minimum limits set
forth in Schedule A or (ii) the limits provided to the Contractor as Named Insured under all
primary, excess, and umbrella policies of that type of coverage.

22.2.5 The Contractor may satisfy its insurance obligations under this Article 22 through
primary policies or a combination of primary and excess/umbrella policies, so long as all
policies provide the scope of coverage required herein.

22.2.6 Policies of insurance provided pursuant to this Article 22 shall be primary and non-
contributing to any insurance or self-insurance maintained by the City.

22.3 Proof of Insurance:

22.3.1 For all types of insurance required by Article 22.1 and Schedule A, except for
insurance required by Articles 22.1.4 and 22.1.7, the Contractor shall file proof of
insurance in accordance with this Article 22.3 within ten (10) Days of award. For insurance

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 provided pursuant to Articles 22.1.4 and 22.1.7, proof shall be filed by a date specified by
the Commissioner or ten (10) Days prior to the commencement of the portion of the Work
covered by such policy, whichever is earlier.

22.3.2 For Workers’ Compensation Insurance provided pursuant to Article 22.1.2, the
Contractor shall submit one of the following forms: C-105.2 Certificate of Workers’
Compensation Insurance; U-26.3 - State Insurance Fund Certificate of Workers’
Compensation Insurance; Request for WC/DB Exemption (Form CE-200); equivalent or
successor forms used by the New York State Workers’ Compensation Board; or other proof
of insurance in a form acceptable to the Commissioner. For Disability Benefits Insurance
provided pursuant to Article 22.1.2, the Contractor shall submit DB-120.1 - Certificate Of
Insurance Coverage Under The NYS Disability Benefits Law, Request for WC/DB
Exemption (Form CE-200); equivalent or successor forms used by the New York State
Workers’ Compensation Board; or other proof of insurance in a form acceptable to the
Commissioner. ACORD forms are not acceptable.

22.3.3 For policies provided pursuant to all of Article 22.1 other than Article 22.1.2, the
Contractor shall submit one or more Certificates of Insurance on forms acceptable to the
Commissioner. All such Certificates of Insurance shall certify (a) the issuance and
effectiveness of such policies of insurance, each with the specified minimum limits (b) for
insurance secured pursuant to Article 22.1.1 that the City and any other entity specified in
Schedule A is an Additional Insured thereunder; (c) in the event insurance is required
pursuant to Article 22.1.6 and/or Article 22.1.7, that the City is an Additional Insured
thereunder; (d) the company code issued to the insurance company by the National
Association of Insurance Commissioners (the NAIC number); and (e) the number assigned
to the Contract by the City. All such Certificates of Insurance shall be accompanied by
either a duly executed “Certification by Insurance Broker or Agent” in the form contained in
Part III of Schedule A or copies of all policies referenced in such Certificate of Insurance as
certified by an authorized representative of the issuing insurance carrier. If any policy is not
available at the time of submission, certified binders may be submitted until such time as the
policy is available, at which time a certified copy of the policy shall be submitted.

22.3.4 Documentation confirming renewals of insurance shall be submitted to the

Commissioner prior to the expiration date of coverage of policies required under this
Contract. Such proofs of insurance shall comply with the requirements of Articles 22.3.2
and 22.3.3.

22.3.5 The Contractor shall be obligated to provide the City with a copy of any policy of
insurance provided pursuant to this Article 22 upon the demand for such policy by the
Commissioner or the City Corporation Counsel.

22.4 Operations of the Contractor:

22.4.1 The Contractor shall not commence the Work unless and until all required
certificates have been submitted to and accepted by the Commissioner. Acceptance by the
Commissioner of a certificate does not excuse the Contractor from securing insurance
consistent with all provisions of this Article 22 or of any liability arising from its failure to
do so.

22.4.2 The Contractor shall be responsible for providing continuous insurance coverage in
the manner, form, and limits required by this Contract and shall be authorized to perform
Work only during the effective period of all required coverage.

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 22.4.3 In the event that any of the required insurance policies lapse, are revoked, suspended
or otherwise terminated, for whatever cause, the Contractor shall immediately stop all
Work, and shall not recommence Work until authorized in writing to do so by the
Commissioner. Upon quitting the Site, except as otherwise directed by the Commissioner,
the Contractor shall leave all plant, materials, equipment, tools, and supplies on the Site.
Contract time shall continue to run during such periods and no extensions of time will be
granted. The Commissioner may also declare the Contractor in default for failure to
maintain required insurance.

22.4.4 In the event the Contractor receives notice, from an insurance company or other
person, that any insurance policy required under this Article 22 shall be cancelled or
terminated (or has been cancelled or terminated) for any reason, the Contractor shall
immediately forward a copy of such notice to both the Commissioner and the New York
City Comptroller, attn: Office of Contract Administration, Municipal Building, One Centre
Street, room 1005, New York, New York 10007. Notwithstanding the foregoing, the
Contractor shall ensure that there is no interruption in any of the insurance coverage
required under this Article 22.

22.4.5 Where notice of loss, damage, occurrence, accident, claim or suit is required under
an insurance policy maintained in accordance with this Article 22, the Contractor shall
notify in writing all insurance carriers that issued potentially responsive policies of any such
event relating to any operations under this Contract (including notice to Commercial
General Liability insurance carriers for events relating to the Contractor’s own employees)
no later than 20 days after such event. For any policy where the City is an Additional
Insured, such notice shall expressly specify that “this notice is being given on behalf of the
City of New York as Insured as well as the Named Insured.” Such notice shall also contain
the following information: the number of the insurance policy, the name of the named
insured, the date and location of the damage, occurrence, or accident, and the identity of the
persons or things injured, damaged or lost. The Contractor shall simultaneously send a
copy of such notice to the City of New York c/o Insurance Claims Specialist, Affirmative
Litigation Division, New York City Law Department, 100 Church Street, New York, New
York 10007.

22.4.6 In the event of any loss, accident, claim, action, or other event that does or can give
rise to a claim under any insurance policy required under this Article 22, the Contractor
shall at all times fully cooperate with the City with regard to such potential or actual claim.

22.5 Subcontractor Insurance: In the event the Contractor requires any Subcontractor to
procure insurance with regard to any operations under this Contract and requires such Subcontractor to
name the Contractor as an Additional Insured thereunder, the Contractor shall ensure that the
Subcontractor name the City, including its officials and employees, as an Additional Insured with
coverage at least as broad as the most recent edition of ISO Form CG 20 26.

22.6 Wherever reference is made in Article 7 or this Article 22 to documents to be sent to the
Commissioner (e.g., notices, filings, or submissions), such documents shall be sent to the address set
forth in Schedule A of the General Conditions. In the event no address is set forth in Schedule A, such
documents are to be sent to the Commissioner’s address as provided elsewhere in this Contract.

22.7 Apart from damages or losses covered by insurance provided pursuant to Articles 22.1.2,
22.1.3, or 22.1.5, the Contractor waives all rights against the City, including its officials and employees,
for any damages or losses that are covered under any insurance required under this Article 22 (whether or

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not such insurance is actually procured or claims are paid thereunder) or any other insurance applicable
to the operations of the Contractor and/or its employees, agents, or Subcontractors.

22.8 In the event the Contractor utilizes a self-insurance program to satisfy any of the
requirements of this Article 22, the Contractor shall ensure that any such self-insurance program
provides the City with all rights that would be provided by traditional insurance under this Article 22,
including but not limited to the defense and indemnification obligations that insurers are required to
undertake in liability policies.

22.9 Materiality/Non-Waiver: The Contractor’s failure to secure policies in complete

conformity with this Article 22, or to give an insurance company timely notice of any sort required in this
Contract or to do anything else required by this Article 22 shall constitute a material breach of this
Contract. Such breach shall not be waived or otherwise excused by any action or inaction by the City at
any time.

22.10 Pursuant to General Municipal Law Section 108, this Contract shall be void and of no
effect unless Contractor maintains Workers’ Compensation Insurance for the term of this Contract to
the extent required and in compliance with the New York State Workers’ Compensation Law.

22.11 Other Remedies: Insurance coverage provided pursuant to this Article 22 or

otherwise shall not relieve the Contractor of any liability under this Contract, nor shall it preclude the
City from exercising any rights or taking such other actions available to it under any other provisions of
this Contract or Law.

ARTICLE 23. MONEY RETAINED AGAINST CLAIMS

23.1 If any claim shall be made by any person or entity (including Other Contractors with the
City on this Project) against the City or against the Contractor and the City for any of the following:

(a) An alleged loss, damage, injury, theft or vandalism of any of the kinds referred to in
Articles 7 and 12, plus the reasonable costs of defending the City, which in the opinion of
the Comptroller may not be paid by an insurance company (for any reason whatsoever);
or

(b) An infringement of copyrights, patents or use of patented articles, tools, etc., as

referred to in Article 57; or

(c) Damage claimed to have been caused directly or indirectly by the failure of the
Contractor to perform the Work in strict accordance with this Contract,

the amount of such claim, or so much thereof as the Comptroller may deem necessary, may be withheld
by the Comptroller, as security against such claim, from any money due hereunder. The Comptroller,
in his/her discretion, may permit the Contractor to substitute other satisfactory security in lieu of the
monies so withheld.

23.2 If an action on such claim is timely commenced and the liability of the City, or the
Contractor, or both, shall have been established therein by a final judgment of a court of competent
jurisdiction, or if such claim shall have been admitted by the Contractor to be valid, the Comptroller
shall pay such judgment or admitted claim out of the monies retained by the Comptroller under the
provisions of this Article 23, and return the balance, if any, without interest, to the Contractor.

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 ARTICLE 24. MAINTENANCE AND GUARANTY

24.1 The Contractor shall promptly repair, replace, restore or rebuild, as the Commissioner may
determine, any finished Work in which defects of materials or workmanship may appear or to which
damage may occur because of such defects, during the one (1) year period subsequent to the date of
Substantial Completion (or use and occupancy in accordance with Article 16), except where other
periods of maintenance and guaranty are provided for in Schedule A.

24.2 As security for the faithful performance of its obligations hereunder, the Contractor, upon
filing its requisition for payment on Substantial Completion, shall deposit with the Commissioner a
sum equal to one (1%) percent of the price (or the amount fixed in Schedule A of the General
Conditions) in cash or certified check upon a state or national bank and trust company or a check of such
bank and trust company signed by a duly authorized officer thereof and drawn to the order of the
Comptroller, or obligations of the City, which the Comptroller may approve as of equal value with the
sum so required.

24.3 In lieu of the above, the Contractor may make such security payment to the City by
authorizing the Commissioner in writing to deduct the amount from the Substantial Completion
payment which shall be deemed the deposit required above.

24.4 If the Contractor has faithfully performed all of its obligations hereunder the Commissioner
shall so certify to the Comptroller within five (5) Days after the expiration of one (1) year from the date
of Substantial Completion and acceptance of the Work or within thirty (30) Days after the expiration
of the guarantee period fixed in the Specifications. The security payment shall be repaid to the
Contractor without interest within thirty (30) Days after certification by the Commissioner to the
Comptroller that the Contractor has faithfully performed all of its obligations hereunder.

24.5 Notice by the Commissioner to the Contractor to repair, replace, rebuild or restore such
defective or damaged Work shall be timely, pursuant to this article, if given not later than ten (10) Days
subsequent to the expiration of the one (1) year period or other periods provided for herein.

24.6 If the Contractor shall fail to repair, replace, rebuild or restore such defective or damaged
Work promptly after receiving such notice, the Commissioner shall have the right to have the Work
done by others in the same manner as provided for in the completion of a defaulted Contract, under
Article 51.

24.7 If the security payment so deposited is insufficient to cover the cost of such Work, the
Contractor shall be liable to pay such deficiency on demand by the Commissioner.

24.8 The Engineer’s certificate setting forth the fair and reasonable cost of repairing, replacing,
rebuilding or restoring any damaged or defective Work when performed by one other than the
Contractor, shall be binding and conclusive upon the Contractor as to the amount thereof.

24.9 The Contractor shall obtain all manufacturers’ warranties and guaranties of all equipment and
materials required by this Contract in the name of the City and shall deliver same to the Commissioner.
All of the City’s rights and title and interest in and to said manufacturers’ warranties and guaranties may
be assigned by the City to any subsequent purchasers of such equipment and materials or lessees of the
premises into which the equipment and materials have been installed.

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 CHAPTER VI: CHANGES, EXTRA WORK, AND DOCUMENTATION OF CLAIM

ARTICLE 25. CHANGES

25.1 Changes may be made to this Contract only as duly authorized in writing by the
Commissioner in accordance with the Law and this Contract. All such changes, modifications, and
amendments will become a part of the Contract. Work so ordered shall be performed by the
Contractor.

25.2 Contract changes will be made only for Work necessary to complete the Work included in
the original scope of the Contract and/or for non-material changes to the scope of the Contract.
Changes are not permitted for any material alteration in the scope of Work in the Contract.

25.3 The Contractor shall be entitled to a price adjustment for Extra Work performed pursuant to
a written change order. Adjustments to price shall be computed in one or more of the following ways:

25.3.1 By applicable unit prices specified in the Contract; and/or

25.3.2 By agreement of a fixed price; and/or

25.3.3 By time and material records; and/or

25.3.4 In any other manner approved by the CCPO.

25.4 All payments for change orders are subject to pre-audit by the Engineering Audit Officer and
may be post-audited by the Comptroller and/or the Agency.

ARTICLE 26. METHODS OF PAYMENT FOR OVERRUNS AND EXTRA WORK

26.1 Overrun of Unit Price Item: An overrun is any quantity of a unit price item which the
Contractor is directed to provide which is in excess of one hundred twenty-five (125%) percent of the
estimated quantity for that item set forth in the bid schedule.

26.1.1 For any unit price item, the Contractor will be paid at the unit price bid for any
quantity up to one hundred twenty-five (125%) percent of the estimated quantity for that
item set forth in the bid schedule. If during the progress of the Work, the actual quantity of
any unit price item required to complete the Work approaches the estimated quantity for
that item, and for any reason it appears that the actual quantity of any unit price item
necessary to complete the Work will exceed the estimated quantity for that item by twenty-
five (25%) percent, the Contractor shall immediately notify the Engineer of such
anticipated overrun. The Contractor shall not be compensated for any quantity of a unit
price item provided which is in excess of one hundred twenty-five (125%) percent of the
estimated quantity for that item set forth in the bid schedule without written authorization
from the Engineer.

26.1.2 If the actual quantity of any unit price item necessary to complete the Work will
exceed one hundred twenty five (125%) percent of the estimated quantity for that item set
forth in the bid schedule, the City reserves the right and the Contractor agrees to negotiate
a new unit price for such item. In no event shall such negotiated new unit price exceed the
unit bid price. If the City and Contractor cannot agree on a new unit price, then the City
shall order the Contractor and the Contractor agrees to provide additional quantities of

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 the item on the basis of time and material records for the actual and reasonable cost as
determined under Article 26.2, but in no event at a unit price exceeding the unit price bid.

26.2 Extra Work: For Extra Work where payment is by agreement on a fixed price in accordance
with Article 25.3.2, the price to be paid for such Extra Work shall be based on the fair and reasonable
estimated cost of the items set forth below. For Extra Work where payment is based on time and
material records in accordance with Article 25.3.3, the price to be paid for such Extra Work shall be the
actual and reasonable cost of the items set forth below, calculated in accordance with the formula
specified therein, if any.

26.2.1 Necessary materials (including transportation to the Site); plus

26.2.2 Necessary direct labor, including payroll taxes (subject to statutory wage
caps) and supplemental benefits; plus

26.2.3 Sales and personal property taxes, if any, required to be paid on materials not
incorporated into such Extra Work; plus

26.2.4 Reasonable rental value of Contractor-owned (or Subcontractor-owned, as

applicable), necessary plant and equipment other than Small Tools, plus fuel/energy costs.
Except for fuel costs for pick-up trucks which shall be reimbursed based on a consumption
of five (5) gallons per shift, fuel costs shall be reimbursed based on actual costs or, in the
absence of auditable documentation, the following fuel consumption formula per operating
hour: (.035) x (HP rating) x (Fuel cost/gallon). Reasonable rental value is defined as the
lower of either seventy-five percent of the monthly prorated rental rates established in “The
AED Green Book, Rental Rates and Specifications for Construction Equipment” published
by Equipment Watch (the “Green Book”), or seventy-five percent of the monthly prorated
rental rates established in the “Rental Rate Blue Book for Construction Equipment”
published by Equipment Watch (the “Blue Book”) (the applicable Blue Book rate being for
rental only without the addition of any operational costs listed in the Blue Book). The
reasonable rental value is deemed to be inclusive of all operating costs except for
fuel/energy consumption and equipment operator’s wages/costs. For multiple shift
utilization, reimbursement shall be calculated as follows: first shift shall be seventy-five
(75%) percent of such rental rates; second shift shall be sixty (60%) percent of the first shift
rate; and third shift shall be forty (40%) percent of the first shift rate. Equipment on standby
shall be reimbursed at one-third (1/3) the prorated monthly rental rate. Contractor-owned
(or Subcontractor-owned, as applicable) equipment includes equipment from rental
companies affiliated with or controlled by the Contractor (or Subcontractor, as
applicable), as determined by the Commissioner. In establishing cost reimbursement for
non-operating Contractor-owned (or Subcontractor-owned, as applicable) equipment
(scaffolding, sheeting systems, road plates, etc.), the City may restrict reimbursement to a
purchase-salvage/life cycle basis if less than the computed rental costs; plus

26.2.5 Necessary installation and dismantling of such plant and equipment, including
transportation to and from the Site, if any, provided that, in the case of non-
Contractor-owned (or non-Subcontractor-owned, as applicable) equipment rented
from a third party, the cost of installation and dismantling are not allowable if such
costs are included in the rental rate; plus

26.2.6 Necessary fees charged by governmental entities; plus

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 26.2.7 Necessary construction-related service fees charged by non-governmental entities,
such as landfill tipping fees; plus

26.2.8 Reasonable rental costs of non-Contractor-owned (or non-Subcontractor-owned, as

applicable) necessary plant and equipment other than Small Tools, plus fuel/energy costs.
Except for fuel costs for pick-up trucks which shall be reimbursed based on a consumption
of five (5) gallons per shift, fuel costs shall be reimbursed based on actual costs or, in the
absence of auditable documentation, the following fuel consumption formula per hour of
operation: (.035) x (HP rating) x (Fuel cost/gallon). In lieu of renting, the City reserves the
right to direct the purchase of non-operating equipment (scaffolding, sheeting systems, road
plates, etc.), with payment on a purchase-salvage/life cycle basis, if less than the projected
rental costs; plus

26.2.9 Workers’ Compensation Insurance, and any insurance coverage expressly

required by the City for the performance of the Extra Work which is different than the
types of insurance required by Article 22 and Schedule A of the General Conditions. The
cost of Workers’ Compensation Insurance is subject to applicable payroll limitation caps
and shall be based upon the carrier’s Manual Rate for such insurance derived from the
applicable class Loss Cost (“LC”) and carrier’s Lost Cost Multiplier (“LCM”) approved by
the New York State Department of Financial Services, and with the exception of experience
rating, rate modifiers as promulgated by the New York Compensation Insurance Rating
Board (“NYCIRB”); plus

26.2.10 Additional costs incurred as a result of the Extra Work for performance and
payment bonds; plus

26.2.11 Twelve percent (12%) percent of the total of items in Articles 26.2.1 through 26.2.5
as compensation for overhead, except that no percentage for overhead will be allowed on
Payroll Taxes or on the premium portion of overtime pay or on sales and personal property
taxes. Overhead shall include without limitation, all costs and expenses in connection with
administration, management superintendence, small tools, and insurance required by
Schedule A of the General Conditions other than Workers’ Compensation Insurance; plus

26.2.12 Ten (10%) percent of the total of items in Articles 26.2.1 through 26.2.5, plus the
items in Article 26.2.11, as compensation for profit, except that no percentage for profit will
be allowed on Payroll Taxes or on the premium portion of overtime pay or on sales and
personal property taxes; plus

26.2.13 Five (5%) percent of the total of items in Articles 26.2.6 through 26.2.10 as
compensation for overhead and profit.

26.3 Where the Extra Work is performed in whole or in part by other than the Contractor’s own
forces pursuant to Article 26.2, the Contractor shall be paid, subject to pre-audit by the Engineering
Audit Officer, the cost of such Work computed in accordance with Article 26.2 above, plus an
additional allowance of five (5%) percent to cover the Contractor’s overhead and profit.

26.4 Where a change is ordered, involving both Extra Work and omitted or reduced Contract
Work, the Contract price shall be adjusted, subject to pre-audit by the EAO, in an amount based on the
difference between the cost of such Extra Work and of the omitted or reduced Work.

26.5 Where the Contractor and the Commissioner can agree upon a fixed price for Extra Work
in accordance with Article 25.3.2 or another method of payment for Extra Work in accordance with

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Article 25.3.4, or for Extra Work ordered in connection with omitted Work, such method, subject to
pre-audit by the EAO, may, at the option of the Commissioner, be substituted for the cost plus a
percentage method provided in Article 26.2; provided, however, that if the Extra Work is performed by
a Subcontractor, the Contractor shall not be entitled to receive more than an additional allowance of
five (5%) percent for overhead and profit over the cost of such Subcontractor’s Work as computed in
accordance with Article 26.2.

ARTICLE 27. RESOLUTION OF DISPUTES

27.1 All disputes between the City and the Contractor of the kind delineated in this Article 27.1
that arise under, or by virtue of, this Contract shall be finally resolved in accordance with the provisions
of this Article 27 and the PPB Rules. This procedure for resolving all disputes of the kind delineated
herein shall be the exclusive means of resolving any such disputes.

27.1.1 This Article 27 shall not apply to disputes concerning matters dealt with in other
sections of the PPB Rules, or to disputes involving patents, copyrights, trademarks, or trade
secrets (as interpreted by the courts of New York State) relating to proprietary rights in
computer software.

27.1.2 This Article 27 shall apply only to disputes about the scope of Work delineated by
the Contract, the interpretation of Contract documents, the amount to be paid for Extra
Work or disputed work performed in connection with the Contract, the conformity of the
Contractor’s Work to the Contract, and the acceptability and quality of the Contractor’s
Work; such disputes arise when the Engineer, Resident Engineer, Engineering Audit
Officer, or other designee of the Commissioner makes a determination with which the
Contractor disagrees.

27.2 All determinations required by this Article 27 shall be made in writing clearly stated, with a
reasoned explanation for the determination based on the information and evidence presented to the party
making the determination. Failure to make such determination within the time required by this Article 27
shall be deemed a non-determination without prejudice that will allow application to the next level.

27.3 During such time as any dispute is being presented, heard, and considered pursuant to this
Article 27, the Contract terms shall remain in force and the Contractor shall continue to perform Work
as directed by the ACCO or the Engineer. Failure of the Contractor to continue Work as directed shall
constitute a waiver by the Contractor of its claim.

27.4 Presentation of Disputes to Commissioner.

Notice of Dispute and Agency Response. The Contractor shall present its dispute in writing
(“Notice of Dispute”) to the Commissioner within thirty (30) Days of receiving written notice of the
determination or action that is the subject of the dispute. This notice requirement shall not be read to
replace any other notice requirements contained in the Contract. The Notice of Dispute shall include all
the facts, evidence, documents, or other basis upon which the Contractor relies in support of its position,
as well as a detailed computation demonstrating how any amount of money claimed by the Contractor in
the dispute was arrived at. Within thirty (30) Days after receipt of the detailed written submission
comprising the complete Notice of Dispute, the Engineer, Resident Engineer, Engineering Audit
Officer, or other designee of the Commissioner shall submit to the Commissioner all materials he or
she deems pertinent to the dispute. Following initial submissions to the Commissioner, either party may
demand of the other the production of any document or other material the demanding party believes may
be relevant to the dispute. The requested party shall produce all relevant materials that are not otherwise

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protected by a legal privilege recognized by the courts of New York State. Any question of relevancy
shall be determined by the Commissioner whose decision shall be final. Willful failure of the
Contractor to produce any requested material whose relevancy the Contractor has not disputed, or
whose relevancy has been affirmatively determined, shall constitute a waiver by the Contractor of its
claim.

27.4.1 Commissioner Inquiry. The Commissioner shall examine the material and
may, in his or her discretion, convene an informal conference with the Contractor, the
ACCO, and the Engineer, Resident Engineer, Engineering Audit Officer, or other
designee of the Commissioner to resolve the issue by mutual consent prior to reaching a
determination. The Commissioner may seek such technical or other expertise as he or she
shall deem appropriate, including the use of neutral mediators, and require any such
additional material from either or both parties as he or she deems fit. The Commissioner’s
ability to render, and the effect of, a decision hereunder shall not be impaired by any
negotiations in connection with the dispute presented, whether or not the Commissioner
participated therein. The Commissioner may or, at the request of any party to the dispute,
shall compel the participation of any Other Contractor with a contract related to the Work
of this Contract, and that Contractor shall be bound by the decision of the Commissioner.
Any Other Contractor thus brought into the dispute resolution proceeding shall have the
same rights and obligations under this Article 27 as the Contractor initiating the dispute.

27.4.2 Commissioner Determination. Within thirty (30) Days after the receipt of all
materials and information, or such longer time as may be agreed to by the parties, the
Commissioner shall make his or her determination and shall deliver or send a copy of such
determination to the Contractor, the ACCO, and Engineer, Resident Engineer,
Engineering Audit Officer, or other designee of the Commissioner, as applicable,
together with a statement concerning how the decision may be appealed.

27.4.3 Finality of Commissioner’s Decision. The Commissioner’s decision shall be

final and binding on all parties, unless presented to the Contract Dispute Resolution Board
pursuant to this Article 27. The City may not take a petition to the Contract Dispute
Resolution Board. However, should the Contractor take such a petition, the City may seek,
and the Contract Dispute Resolution Board may render, a determination less favorable to
the Contractor and more favorable to the City than the decision of the Commissioner.

27.5 Presentation of Dispute to the Comptroller. Before any dispute may be brought by the
Contractor to the Contract Dispute Resolution Board, the Contractor must first present its claim to the
Comptroller for his or her review, investigation, and possible adjustment.

27.5.1 Time, Form, and Content of Notice. Within thirty (30) Days of its receipt of a
decision by the Commissioner, the Contractor shall submit to the Comptroller and to the
Commissioner a Notice of Claim regarding its dispute with the Agency. The Notice of
Claim shall consist of (i) a brief written statement of the substance of the dispute, the
amount of money, if any, claimed and the reason(s) the Contractor contends the dispute
was wrongly decided by the Commissioner; (ii) a copy of the written decision of the
Commissioner; and (iii) a copy of all materials submitted by the Contractor to the
Agency, including the Notice of Dispute. The Contractor may not present to the
Comptroller any material not presented to the Commissioner, except at the request of the
Comptroller.

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 27.5.2 Response. Within thirty (30) Days of receipt of the Notice of Claim, the Agency
shall make available to the Comptroller a copy of all material submitted by the Agency to
the Commissioner in connection with the dispute. The Agency may not present to the
Comptroller any material not presented to the Commissioner except at the request of the
Comptroller.

27.5.3 Comptroller Investigation. The Comptroller may investigate the claim in dispute
and, in the course of such investigation, may exercise all powers provided in Sections 7-201
and 7-203 of the Administrative Code. In addition, the Comptroller may demand of either
party, and such party shall provide, whatever additional material the Comptroller deems
pertinent to the claim, including original business records of the Contractor. Willful failure
of the Contractor to produce within fifteen (15) Days any material requested by the
Comptroller shall constitute a waiver by the Contractor of its claim. The Comptroller
may also schedule an informal conference to be attended by the Contractor, Agency
representatives, and any other personnel desired by the Comptroller.

27.5.4 Opportunity of Comptroller to Compromise or Adjust Claim. The

Comptroller shall have forty-five (45) Days from his or her receipt of all materials referred
to in Article 27.5.3 to investigate the disputed claim. The period for investigation and
compromise may be further extended by agreement between the Contractor and the
Comptroller, to a maximum of ninety (90) Days from the Comptroller’s receipt of all
materials. The Contractor may not present its petition to the Contract Dispute Resolution
Board until the period for investigation and compromise delineated in this Article 27.5.4 has
expired. In compromising or adjusting any claim hereunder, the Comptroller may not
revise or disregard the terms of the Contract between the parties.

27.6 Contract Dispute Resolution Board. There shall be a Contract Dispute Resolution Board
composed of:

27.6.1 The chief administrative law judge of the Office of Administrative Trials and
Hearings (OATH) or his/her designated OATH administrative law judge, who shall act as
chairperson, and may adopt operational procedures and issue such orders consistent with
this Article 27 as may be necessary in the execution of the Contract Dispute Resolution
Board’s functions, including, but not limited to, granting extensions of time to present or
respond to submissions;

27.6.2 The CCPO or his/her designee; any designee shall have the requisite
background to consider and resolve the merits of the dispute and shall not have participated
personally and substantially in the particular matter that is the subject of the dispute or
report to anyone who so participated; and

27.6.3 A person with appropriate expertise who is not an employee of the City. This
person shall be selected by the presiding administrative law judge from a prequalified panel
of individuals, established and administered by OATH with appropriate background to act
as decision-makers in a dispute. Such individual may not have a contract or dispute with the
City or be an officer or employee of any company or organization that does, or regularly
represents persons, companies, or organizations having disputes with the City.

27.7 Petition to the Contract Dispute Resolution Board. In the event the claim has not been
settled or adjusted by the Comptroller within the period provided in this Article 27, the Contractor,

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within thirty (30) Days thereafter, may petition the Contract Dispute Resolution Board to review the
Commissioner’s determination.

27.7.1 Form and Content of Petition by Contractor. The Contractor shall present its
dispute to the Contract Dispute Resolution Board in the form of a petition, which shall
include (i) a brief written statement of the substance of the dispute, the amount of money, if
any, claimed, and the reason(s) the Contractor contends the dispute was wrongly decided
by the Commissioner; (ii) a copy of the written Decision of the Commissioner, (iii)
copies of all materials submitted by the Contractor to the Agency; (iv) a copy of the
written decision of the Comptroller, if any, and (v) copies of all correspondence with, or
written material submitted by the Contractor, to the Comptroller. The Contractor shall
concurrently submit four (4) complete sets of the Petition: one set to the City Corporation
Counsel (Attn: Commercial and Real Estate Litigation Division) and three (3) sets to the
Contract Dispute Resolution Board at OATH’s offices with proof of service on the City
Corporation Counsel. In addition, the Contractor shall submit a copy of the written
statement of the substance of the dispute, cited in (i) above, to both the Commissioner and
the Comptroller.

27.7.2 Agency Response. Within thirty (30) Days of its receipt of the Petition by the
City Corporation Counsel, the Agency shall respond to the brief written statement of the
Contractor and make available to the Contract Dispute Resolution Board all material it
submitted to the Commissioner and Comptroller. Three (3) complete copies of the
Agency response shall be provided to the Contract Dispute Resolution Board and one to the
Contractor. Extensions of time for submittal of the Agency response shall be given as
necessary upon a showing of good cause or, upon consent of the parties, for an initial period
of up to thirty (30) Days.

27.7.3 Further Proceedings. The Contract Dispute Resolution Board shall permit the
Contractor to present its case by submission of memoranda, briefs, and oral argument. The
Contract Dispute Resolution Board shall also permit the Agency to present its case in
response to the Contractor by submission of memoranda, briefs, and oral argument. If
requested by the City Corporation Counsel, the Comptroller shall provide reasonable
assistance in the preparation of the Agency’s case. Neither the Contractor nor the Agency
may support its case with any documentation or other material that was not considered by
the Comptroller, unless requested by the Contract Dispute Resolution Board. The Contract
Dispute Resolution Board, in its discretion, may seek such technical or other expert advice
as it shall deem appropriate and may seek, on its own or upon application of a party, any
such additional material from any party as it deems fit. The Contract Dispute Resolution
Board, in its discretion, may combine more than one dispute between the parties for
concurrent resolution.

27.7.4 Contract Dispute Resolution Board Determination. Within forty-five (45) Days of
the conclusion of all written submissions and oral arguments, the Contract Dispute
Resolution Board shall render a written decision resolving the dispute. In an unusually
complex case, the Contract Dispute Resolution Board may render its decision in a longer
period, not to exceed ninety (90) Days, and shall so advise the parties at the commencement
of this period. The Contract Dispute Resolution Board’s decision must be consistent with
the terms of the Contract. Decisions of the Contract Dispute Resolution Board shall only
resolve matters before the Contract Dispute Resolution Board and shall not have
precedential effect with respect to matters not before the Contract Dispute Resolution
Board.

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 27.7.5 Notification of Contract Dispute Resolution Board Decision. The Contract Dispute
Resolution Board shall send a copy of its decision to the Contractor, the ACCO, the
Engineer, the Comptroller, the City Corporation Counsel, the CCPO, and the PPB. A
decision in favor of the Contractor shall be subject to the prompt payment provisions of the
PPB Rules. The Required Payment Date shall be thirty (30) Days after the date the parties
are formally notified of the Contract Dispute Resolution Board’s decision.

27.7.6 Finality of Contract Dispute Resolution Board Decision. The Contract Dispute
Resolution Board’s decision shall be final and binding on all parties. Any party may seek
review of the Contract Dispute Resolution Board’s decision solely in the form of a
challenge, filed within four (4) months of the date of the Contract Dispute Resolution
Board’s decision, in a court of competent jurisdiction of the State of New York, County of
New York pursuant to Article 78 of the Civil Practice Law and Rules. Such review by the
court shall be limited to the question of whether or not the Contract Dispute Resolution
Board’s decision was made in violation of lawful procedure, was affected by an error of
Law, or was arbitrary and capricious or an abuse of discretion. No evidence or information
shall be introduced or relied upon in such proceeding that was not presented to the Contract
Dispute Resolution Board in accordance with this Article 27.

27.8 Any termination, cancellation, or alleged breach of the Contract prior to or during the
pendency of any proceedings pursuant to this Article 27 shall not affect or impair the ability of the
Commissioner or Contract Dispute Resolution Board to make a binding and final decision pursuant to
this Article 27.

ARTICLE 28. RECORD KEEPING FOR EXTRA OR DISPUTED WORK OR WORK ON A

TIME & MATERIALS BASIS

28.1 While the Contractor or any of its Subcontractors is performing Work on a time and
material basis or Extra Work on a time and material basis ordered by the Commissioner under Article
25, or where the Contractor believes that it or any of its Subcontractors is performing Extra Work but
a final determination by Agency has not been made, or the Contractor or any of its Subcontractors is
performing disputed Work (whether on or off the Site), or complying with a determination or order
under protest in accordance with Articles 11, 27, and 30, in each such case the Contractor shall furnish
the Resident Engineer daily with three (3) copies of written statements signed by the Contractor’s
representative at the Site showing:

28.1.1 The name, trade, and number of each worker employed on such Work or engaged in
complying with such determination or order, the number of hours employed, and the
character of the Work each is doing; and

28.1.2 The nature and quantity of any materials, plant and equipment furnished or used in
connection with the performance of such Work or compliance with such determination or
order, and from whom purchased or rented.

28.2 A copy of such statement will be countersigned by the Resident Engineer, noting thereon any
items not agreed to or questioned, and will be returned to the Contractor within two (2) Days after
submission.

28.3 The Contractor and its Subcontractors, when required by the Commissioner, or the
Comptroller, shall also produce for inspection, at the office of the Contractor or Subcontractor, any
and all of its books, bid documents, financial statements, vouchers, records, daily job diaries and reports,

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and cancelled checks, and any other documents relating to showing the nature and quantity of the labor,
materials, plant and equipment actually used in the performance of such Work, or in complying with
such determination or order, and the amounts expended therefor, and shall permit the Commissioner and
the Comptroller to make such extracts therefrom, or copies thereof, as they or either of them may desire.

28.4 In connection with the examination provided for herein, the Commissioner, upon demand
therefor, will produce for inspection by the Contractor such records as the Agency may have with
respect to such Extra Work or disputed Work performed under protest pursuant to order of the
Commissioner, except those records and reports which may have been prepared for the purpose of
determining the accuracy and validity of the Contractor’s claim.

28.5 Failure to comply strictly with these requirements shall constitute a waiver of any claim for
extra compensation or damages on account of the performance of such Work or compliance with such
determination or order.

ARTICLE 29. OMITTED WORK

29.1 If any Contract Work in a lump sum Contract, or if any part of a lump sum item in a unit
price, lump sum, or percentage-bid Contract is omitted by the Commissioner pursuant to Article 33, the
Contract price, subject to audit by the EAO, shall be reduced by a pro rata portion of the lump sum bid
amount based upon the percent of Work omitted subject to Article 29.4. For the purpose of determining
the pro rata portion of the lump sum bid amount, the bid breakdown submitted in accordance with Article
41 shall be considered, but shall not be the determining factor.

29.2 If the whole of a lump sum item or units of any other item is so omitted by the Commissioner
in a unit price, lump sum, or percentage-bid Contract, then no payment will be made therefor except as
provided in Article 29.4.

29.3 For units that have been ordered but are only partially completed, the unit price shall be
reduced by a pro rata portion of the unit price bid based upon the percentage of Work omitted subject to
Article 29.4.

29.4 In the event the Contractor, with respect to any omitted Work, has purchased any non-
cancelable material and/or equipment that is not capable of use except in the performance of this
Contract and has been specifically fabricated for the sole purpose of this Contract, but not yet
incorporated into the Work, the Contractor shall be paid for such material and/or equipment in
accordance with Article 64.2.1(b); provided, however, such payment is contingent upon the
Contractor’s delivery of such material and/or equipment in acceptable condition to a location designated
by the City.

29.5 The Contractor agrees to make no claim for damages or for loss of overhead and profit with
regard to any omitted Work.

ARTICLE 30. NOTICE AND DOCUMENTATION OF COSTS AND DAMAGES;

PRODUCTION OF FINANCIAL RECORDS

30.1 If the Contractor shall claim to be sustaining damages by reason of any act or omission of the
City or its agents, it shall submit to the Commissioner within forty-five (45) Days from the time such
damages are first incurred, and every thirty (30) Days thereafter to the extent additional damages are
being incurred for the same condition, verified statements of the details and the amounts of such

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damages, together with documentary evidence of such damages. The Contractor may submit any of the
above statements within such additional time as may be granted by the Commissioner in writing upon
written request therefor. Failure of the Commissioner to respond in writing to a written request for
additional time within thirty (30) Days shall be deemed a denial of the request. On failure of the
Contractor to strictly comply with the foregoing provisions, such claims shall be deemed waived and no
right to recover on such claims shall exist. Damages that the Contractor may claim in any action or
dispute resolution procedure arising under or by reason of this Contract shall not be different from or in
excess of the statements and documentation made pursuant to this Article 30. This Article 30.1 does not
apply to claims submitted to the Commissioner pursuant to Article 11 or to claims disputing a
determination under Article 27.

30.2 In addition to the foregoing statements, the Contractor shall, upon notice from the
Commissioner, produce for examination at the Contractor’s office, by the Engineer, Architect or
Project Manager, all of its books of account, bills, invoices, payrolls, subcontracts, time books, daily
reports, bank deposit books, bank statements, check books, and cancelled checks, showing all of its acts
and transactions in connection with or relating to or arising by reason of this Contract, and submit itself
and persons in its employment, for examination under oath by any person designated by the
Commissioner or Comptroller to investigate claims made or disputes against the City under this
Contract. At such examination, a duly authorized representative of the Contractor may be present.

30.3 In addition to the statements required under Article 28 and this Article 30, the Contractor
and/or its Subcontractor shall, within thirty (30) Days upon notice from the Commissioner or
Comptroller, produce for examination at the Contractor’s and/or Subcontractor’s office, by a
representative of either the Commissioner or Comptroller, all of its books of account, bid documents,
financial statements, accountant workpapers, bills, invoices, payrolls, subcontracts, time books, daily
reports, bank deposit books, bank statements, check books, and cancelled checks, showing all of its acts
and transactions in connection with or relating to or arising by reason of this Contract. Further, the
Contractor and/or its Subcontractor shall submit any person in its employment, for examination under
oath by any person designated by the Commissioner or Comptroller to investigate claims made or
disputes against the City under this Contract. At such examination, a duly authorized representative of
the Contractor may be present.

30.4 Unless the information and examination required under Article 30.3 is provided by the
Contractor and/or its Subcontractor upon thirty (30) Days’ notice from the Commissioner or
Comptroller, or upon the Commissioner’s or Comptroller’s written authorization to extend the time to
comply, the City shall be released from all claims arising under, relating to or by reason of this
Contract, except for sums certified by the Commissioner to be due under the provisions of this
Contract. It is further stipulated and agreed that no person has the power to waive any of the foregoing
provisions and that in any action or dispute resolution procedure against the City to recover any sum in
excess of the sums certified by the Commissioner to be due under or by reason of this Contract, the
Contractor must allege in its complaint and prove, at trial or during such dispute resolution procedure,
compliance with the provisions of this Article 30.

30.5 In addition, after the commencement of any action or dispute resolution procedure by the
Contractor arising under or by reason of this Contract, the City shall have the right to require the
Contractor to produce for examination under oath, up until the trial of the action or hearing before the
Contract Dispute Resolution Board, the books and documents described in Article 30.3 and submit itself
and all persons in its employ for examination under oath. If this Article 30 is not complied with as
required, then the Contractor hereby consents to the dismissal of the action or dispute resolution
procedure.

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 CHAPTER VII: POWERS OF THE RESIDENT ENGINEER,THE ENGINEER OR
ARCHITECT AND THE COMMISSIONER

ARTICLE 31. THE RESIDENT ENGINEER

31.1 The Resident Engineer shall have the power to inspect, supervise, and control the
performance of the Work, subject to review by the Commissioner. The Resident Engineer shall not,
however, have the power to issue an Extra Work order, except as specifically designated in writing by
the Commissioner.

ARTICLE 32. THE ENGINEER OR ARCHITECT OR PROJECT MANAGER

32.1 The Engineer or Architect or Project Manager, in addition to those matters elsewhere herein
delegated to the Engineer and expressly made subject to his/her determination, direction or approval,
shall have the power, subject to review by the Commissioner:

32.1.1 To determine the amount, quality, and location of the Work to be paid for
hereunder; and

32.1.2 To determine all questions in relation to the Work, to interpret the Contract
Drawings, Specifications, and Addenda, and to resolve all patent inconsistencies or
ambiguities therein; and

32.1.3 To determine how the Work of this Contract shall be coordinated with Work of
Other Contractors engaged simultaneously on this Project, including the power to
suspend any part of the Work, but not the whole thereof; and

32.1.4 To make minor changes in the Work as he/she deems necessary, provided such
changes do not result in a net change in the cost to the City or to the Contractor of the
Work to be done under the Contract; and

32.1.5 To amplify the Contract Drawings, add explanatory information and furnish
additional Specifications and drawings, consistent with this Contract.

32.2 The foregoing enumeration shall not imply any limitation upon the power of the Engineer or
Architect or Project Manager, for it is the intent of this Contract that all of the Work shall generally
be subject to his/her determination, direction, and approval, except where the determination, direction or
approval of someone other than the Engineer or Architect or Project Manager is expressly called for
herein.

32.3 The Engineer or Architect or Project Manager shall not, however, have the power to issue
an Extra Work order, except as specifically designated in writing by the Commissioner.

ARTICLE 33. THE COMMISSIONER

33.1 The Commissioner, in addition to those matters elsewhere herein expressly made subject to
his/her determination, direction or approval, shall have the power:

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 33.1.1 To review and make determinations on any and all questions in relation to this
Contract and its performance; and

33.1.2 To modify or change this Contract so as to require the performance of Extra

Work (subject, however, to the limitations specified in Article 25) or the omission of
Contract Work; and

33.1.3 To suspend the whole or any part of the Work whenever in his/her judgment such
suspension is required:

33.1.3(a) In the interest of the City generally; or

33.1.3(b) To coordinate the Work of the various contractors engaged on this

Project pursuant to the provisions of Article 12; or

33.1.3(c) To expedite the completion of the entire Project even though the
completion of this particular Contract may thereby be delayed.

ARTICLE 34. NO ESTOPPEL

34.1 Neither the City nor any Agency, official, agent or employee thereof, shall be bound,
precluded or estopped by any determination, decision, approval, order, letter, payment or certificate made
or given under or in connection with this Contract by the City, the Commissioner, the Engineer, the
Resident Engineer, or any other official, agent or employee of the City, either before or after the final
completion and acceptance of the Work and payment therefor:

34.1.1 From showing the true and correct classification, amount, quality or character of the
Work actually done; or that any such determination, decision, order, letter, payment or
certificate was untrue, incorrect or improperly made in any particular, or that the Work, or
any part thereof, does not in fact conform to the requirements of this Contract; and

34.1.2 From demanding and recovering from the Contractor any overpayment made to it,
or such damages as the City may sustain by reason of the Contractor’s failure to perform
each and every part of its Contract.

CHAPTER VIII: LABOR PROVISIONS

ARTICLE 35. EMPLOYEES

35.1 The Contractor and its Subcontractors shall not employ on the Work:

35.1.1 Anyone who is not competent, faithful and skilled in the Work for which he/she
shall be employed; and whenever the Commissioner shall inform the Contractor, in
writing, that any employee is, in his/her opinion, incompetent, unfaithful or disobedient, that
employee shall be discharged from the Work forthwith, and shall not again be employed
upon it; or

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 35.1.2 Any labor, materials or means whose employment, or utilization during the course of
this Contract, may tend to or in any way cause or result in strikes, work stoppages, delays,
suspension of Work or similar troubles by workers employed by the Contractor or its
Subcontractors, or by any of the trades working in or about the buildings and premises
where Work is being performed under this Contract, or by Other Contractors or their
Subcontractors pursuant to other contracts, or on any other building or premises owned or
operated by the City, its Agencies, departments, boards or authorities. Any violation by the
Contractor of this requirement may, upon certification of the Commissioner, be
considered as proper and sufficient cause for declaring the Contractor to be in default, and
for the City to take action against it as set forth in Chapter X of this Contract, or such other
article of this Contract as the Commissioner may deem proper; or

35.1.3 In accordance with Section 220.3-e of the Labor Law of the State of New York
(hereinafter “Labor Law”), the Contractor and its Subcontractors shall not employ on the
Work any apprentice, unless he/she is a registered individual, under a bona fide program
registered with the New York State Department of Labor. The allowable ratio of apprentices
to journey-level workers in any craft classification shall not be greater than the ratio
permitted to the Contractor as to its work force on any job under the registered program.
Any employee listed on a payroll at an apprentice wage rate, who is not registered as above,
shall be paid the wage rate determined by the Comptroller of the City for the classification
of Work actually performed. The Contractor or Subcontractor will be required to furnish
written evidence of the registration of its program and apprentices as well as all the
appropriate ratios and wage rates, for the area of the construction prior to using any
apprentices on the Contract Work.

35.2 If the total cost of the Work under this Contract is at least two hundred fifty thousand
($250,000) dollars, all laborers, workers, and mechanics employed in the performance of the Contract on
the public work site, either by the Contractor, Subcontractor or other person doing or contracting to do
the whole or a part of the Work contemplated by the Contract, shall be certified prior to performing any
Work as having successfully completed a course in construction safety and health approved by the
United States Department of Labor’s Occupational Safety and Health Administration that is at least ten
(10) hours in duration.

35.3 In accordance with Local Law Nos. 30-2012 and 33-2012, codified at sections 6-132 and
12-113 of the Administrative Code, respectively,

35.3.1 The Contractor shall not take an adverse personnel action with respect to an
officer or employee in retaliation for such officer or employee making a report of
information concerning conduct which such officer or employee knows or reasonably
believes to involve corruption, criminal activity, conflict of interest, gross
mismanagement or abuse of authority by any officer or employee relating to this
Contract to (a) the Commissioner of the Department of Investigation, (b) a member of
the New York City Council, the Public Advocate, or the Comptroller, or (c) the CCPO,
ACCO, Agency head, or Commissioner.

35.3.2 If any of the Contractor’s officers or employees believes that he or she has been
the subject of an adverse personnel action in violation of Article 35.3.1, he or she shall
be entitled to bring a cause of action against the Contractor to recover all relief
necessary to make him or her whole. Such relief may include but is not limited to: (a) an
injunction to restrain continued retaliation, (b) reinstatement to the position such
employee would have had but for the retaliation or to an equivalent position, (c)
reinstatement of full fringe benefits and seniority rights, (d) payment of two times back

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 pay, plus interest, and (e) compensation for any special damages sustained as a result of
the retaliation, including litigation costs and reasonable attorney’s fees.

35.3.3 The Contractor shall post a notice provided by the City in a prominent and
accessible place on any site where work pursuant to the Contract is performed that
contains information about:

35.3.3(a) how its employees can report to the New York City Department of
Investigation allegations of fraud, false claims, criminality or corruption arising out
of or in connection with the Contract; and

35.3.3(b) the rights and remedies afforded to its employees under Administrative
Code sections 7-805 (the New York City False Claims Act) and 12-113 (the
Whistleblower Protection Expansion Act) for lawful acts taken in connection with
the reporting of allegations of fraud, false claims, criminality or corruption in
connection with the Contract.

35.3.4 For the purposes of this Article 35.3, “adverse personnel action” includes
dismissal, demotion, suspension, disciplinary action, negative performance evaluation,
any action resulting in loss of staff, office space, equipment or other benefit, failure to
appoint, failure to promote, or any transfer or assignment or failure to transfer or assign
against the wishes of the affected officer or employee.

35.3.5 This Article 35.3 is applicable to all of the Contractor’s Subcontractors having
subcontracts with a value in excess of $100,000; accordingly, the Contractor shall
include this rider in all subcontracts with a value a value in excess of $100,000.

35.4 Article 35.3 is not applicable to this Contract if it is valued at $100,000 or less. Articles
35.3.1, 35.3.2, 35.3.4, and 35.3.5 are not applicable to this Contract if it was solicited pursuant to a
finding of an emergency.

35.5 Paid Sick Leave Law.

35.5.1 Introduction and General Provisions.

35.5.1(a) The Earned Sick Time Act, also known as the Paid Sick Leave Law
(“PSLL”), requires covered employees who annually perform more than 80 hours of
work in New York City to be provided with paid sick time. 2 Contractors of the City
or of other governmental entities may be required to provide sick time pursuant to
the PSLL.

35.5.1(b) The PSLL became effective on April 1, 2014, and is codified at Title
20, Chapter 8, of the New York City Administrative Code. It is administered by the
City’s Department of Consumer Affairs (“DCA”); DCA’s rules promulgated under
the PSLL are codified at Chapter 7 of Title 6 of the Rules of the City of New York
(“Rules”).

2
Pursuant to the PSLL, if fewer than five employees work for the same employer, as determined pursuant to New
York City Administrative Code § 20-912(g), such employer has the option of providing such employees
uncompensated sick time.

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 35.5.1(c) The Contractor agrees to comply in all respects with the PSLL and the
Rules, and as amended, if applicable, in the performance of this Contract. The
Contractor further acknowledges that such compliance is a material term of this
Contract and that failure to comply with the PSLL in performance of this Contract
may result in its termination.

35.5.1(d) The Contractor must notify the Agency Chief Contracting Officer
of the Agency with whom it is contracting in writing within ten (10) days of receipt
of a complaint (whether oral or written) regarding the PSLL involving the
performance of this Contract. Additionally, the Contractor must cooperate with
DCA’s education efforts and must comply with DCA’s subpoenas and other
document demands as set forth in the PSLL and Rules.

35.5.1(e) The PSLL is summarized below for the convenience of the

Contractor. The Contractor is advised to review the PSLL and Rules in their
entirety. On the website www.nyc.gov/PaidSickLeave there are links to the PSLL
and the associated Rules as well as additional resources for employers, such as
Frequently Asked Questions, timekeeping tools and model forms, and an event
calendar of upcoming presentations and webinars at which the Contractor can get
more information about how to comply with the PSLL. The Contractor
acknowledges that it is responsible for compliance with the PSLL notwithstanding
any inconsistent language contained herein.

35.5.2 Pursuant to the PSLL and the Rules: Applicability, Accrual, and Use.

35.5.2(a) An employee who works within the City of New York for more than
eighty hours in any consecutive 12-month period designated by the employer as its
“calendar year” pursuant to the PSLL (“Year”) must be provided sick time.
Employers must provide a minimum of one hour of sick time for every 30 hours
worked by an employee and compensation for such sick time must be provided at the
greater of the employee’s regular hourly rate or the minimum wage. Employers are
not required to provide more than 40 hours of sick time to an employee in any Year.

35.5.2(b) An employee has the right to determine how much sick time he or she
will use, provided that employers may set a reasonable minimum increment for the
use of sick time not to exceed four hours per Day. In addition, an employee may
carry over up to 40 hours of unused sick time to the following Year, provided that no
employer is required to allow the use of more than forty hours of sick time in a Year
or carry over unused paid sick time if the employee is paid for such unused sick time
and the employer provides the employee with at least the legally required amount of
paid sick time for such employee for the immediately subsequent Year on the first
Day of such Year.

35.5.2(c) An employee entitled to sick time pursuant to the PSLL may use sick
time for any of the following:

i. such employee’s mental illness, physical illness, injury, or health condition

or the care of such illness, injury, or condition or such employee’s need for
medical diagnosis or preventive medical care;
ii. such employee’s care of a family member (an employee’s child, spouse,
domestic partner, parent, sibling, grandchild or grandparent, or the child or
parent of an employee’s spouse or domestic partner) who has a mental

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 illness, physical illness, injury or health condition or who has a need for
medical diagnosis or preventive medical care;
iii. closure of such employee’s place of business by order of a public official
due to a public health emergency; or
iv. such employee’s need to care for a child whose school or childcare provider
has been closed due to a public health emergency.

35.5.2(d) An employer must not require an employee, as a condition of taking

sick time, to search for a replacement. However, an employer may require an
employee to provide: reasonable notice of the need to use sick time; reasonable
documentation that the use of sick time was needed for a reason above if for an
absence of more than three consecutive work days; and/or written confirmation that
an employee used sick time pursuant to the PSLL. However, an employer may not
require documentation specifying the nature of a medical condition or otherwise
require disclosure of the details of a medical condition as a condition of providing
sick time and health information obtained solely due to an employee’s use of sick
time pursuant to the PSLL must be treated by the employer as confidential.

35.5.2(e) If an employer chooses to impose any permissible discretionary

requirement as a condition of using sick time, it must provide to all employees a
written policy containing those requirements, using a delivery method that
reasonably ensures that employees receive the policy. If such employer has not
provided its written policy, it may not deny sick time to an employee because of non-
compliance with such a policy.

35.5.2(f) Sick time to which an employee is entitled must be paid no later than
the payday for the next regular payroll period beginning after the sick time was used.

35.5.3 Exemptions and Exceptions. Notwithstanding the above, the PSLL does not apply to
any of the following:

35.5.3(a) an independent contractor who does not meet the definition of

employee under section 190(2) of the New York State Labor Law;

35.5.3(b) an employee covered by a valid collective bargaining agreement in

effect on April 1, 2014, until the termination of such agreement;

35.5.3(c) an employee in the construction or grocery industry covered by a valid

collective bargaining agreement if the provisions of the PSLL are expressly waived
in such collective bargaining agreement;

35.5.3(d) an employee covered by another valid collective bargaining agreement

if such provisions are expressly waived in such agreement and such agreement
provides a benefit comparable to that provided by the PSLL for such employee;

35.5.3(e) an audiologist, occupational therapist, physical therapist, or speech

language pathologist who is licensed by the New York State Department of
Education and who calls in for work assignments at will, determines his or her own
schedule, has the ability to reject or accept any assignment referred to him or her,
and is paid an average hourly wage that is at least four times the federal minimum
wage;

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 35.5.3(f) an employee in a work study program under Section 2753 of Chapter
42 of the United States Code;

35.5.3(g) an employee whose work is compensated by a qualified scholarship

program as that term is defined in the Internal Revenue Code, Section 117 of Chapter
20 of the United States Code; or

35.5.3(h) a participant in a Work Experience Program (WEP) under section 336-

c of the New York State Social Services Law.

35.5.4 Retaliation Prohibited. An employer may not threaten or engage in retaliation

against an employee for exercising or attempting in good faith to exercise any right
provided by the PSLL. In addition, an employer may not interfere with any investigation,
proceeding, or hearing pursuant to the PSLL.

35.5.5 Notice of Rights.

35.5.5(a) An employer must provide its employees with written notice of their
rights pursuant to the PSLL. Such notice must be in English and the primary
language spoken by an employee, provided that DCA has made available a
translation into such language. Downloadable notices are available on DCA’s
website at http://www.nyc.gov/html/dca/html/law/PaidSickLeave.shtml.

35.5.5(b) Any person or entity that willfully violates these notice requirements is
subject to a civil penalty in an amount not to exceed fifty dollars for each employee
who was not given appropriate notice.

35.5.6 Records. An employer must retain records documenting its compliance with the
PSLL for a period of at least three years, and must allow DCA to access such records in
furtherance of an investigation related to an alleged violation of the PSLL.

35.5.7 Enforcement and Penalties.

35.5.7(a) Upon receiving a complaint alleging a violation of the PSLL, DCA has
the right to investigate such complaint and attempt to resolve it through mediation.
Within 30 Days of written notification of a complaint by DCA, or sooner in certain
circumstances, the employer must provide DCA with a written response and such
other information as DCA may request. If DCA believes that a violation of the PSLL
has occurred, it has the right to issue a notice of violation to the employer.

35.5.7(b) DCA has the power to grant an employee or former employee all
appropriate relief as set forth in New York City Administrative Code § 20-924(d).
Such relief may include, among other remedies, treble damages for the wages that
should have been paid, damages for unlawful retaliation, and damages and
reinstatement for unlawful discharge. In addition, DCA may impose on an employer
found to have violated the PSLL civil penalties not to exceed $500 for a first
violation, $750 for a second violation within two years of the first violation, and
$1,000 for each succeeding violation within two years of the previous violation.

35.5.8 More Generous Polices and Other Legal Requirements. Nothing in the PSLL is
intended to discourage, prohibit, diminish, or impair the adoption or retention of a more
generous sick time policy, or the obligation of an employer to comply with any contract,

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 collective bargaining agreement, employment benefit plan or other agreement providing
more generous sick time. The PSLL provides minimum requirements pertaining to sick
time and does not preempt, limit or otherwise affect the applicability of any other law,
regulation, rule, requirement, policy or standard that provides for greater accrual or use by
employees of sick leave or time, whether paid or unpaid, or that extends other protections
to employees. The PSLL may not be construed as creating or imposing any requirement in
conflict with any federal or state law, rule or regulation.

35.6 HireNYC: Hiring and Reporting Requirements. This Article 35.6 applies to construction
contracts of $1,000,000 or more. The Contractor shall comply with the requirements of Articles 35.6.1-
35.6.5 for all non-trades jobs (e.g., for an administrative position arising out of Work ant located in New
York City). The Contractor shall reasonably cooperate with SBS and the City on specific outreach
events, including “Hire-on-the-Spot” events, for the hiring of trades workers in connection with the
Work. If provided elsewhere in this Contract, this Contract is subject to a project labor agreement.

35.6.1 Enrollment. The Contractor shall enroll with the HireNYC system, found at
www.nyc.gov/sbs, within thirty (30) days after the registration of this Contract pursuant to
Section 328 of the New York City Charter. The Contractor shall provide information
about the business, designate a primary contact and say whether it intends to hire for any
entry to mid-level job opportunities arising from this Contract and located in New York
City, and, if so, the approximate start date of the first hire.

35.6.2 Job Posting Requirements.

35.6.2(a) Once enrolled in HireNYC, the Contractor agrees to update the

HireNYC portal with all entry to mid-level job opportunities arising from this
Contract and located in New York City, if any, which shall be defined as jobs
requiring no more than an associate degree, as provided by the New York State
Department of Labor (see Column F of https://labor.ny.gov/stats/2012-2022- NYS-
Employment-Prospects.xls). The information to be updated includes the types of
entry and mid-level positions made available from the work arising from the
Contract and located in New York City, the number of positions, the anticipated
schedule of initiating the hiring process for these positions, and the contact
information for the Contractor’s representative charged with overseeing hiring.
The Contractor must update the HireNYC portal with any hiring needs arising from
the contract and located in New York City, and the requirements of the jobs to be
filled, no less than three weeks prior to the intended first day of employment for each
new position, except with the permission of SBS, not to be unreasonably withheld,
and must also update the HireNYC portal as set forth below.

35.6.2(b) After enrollment through HireNYC and submission of relevant

information, SBS will work with the Contractor to develop a recruitment plan
which will outline the candidate screening process, and will provide clear
instructions as to when, where, and how interviews will take place. HireNYC will
screen applicants based on employer requirements and refer applicants whom it
believes are qualified to the Contractor for interviews. The Contractor must
interview referred applicants whom it believes are qualified.

35.6.2(c) After completing an interview of a candidate referred by HireNYC, the

Contractor must provide feedback via the portal within twenty (20) business days to
indicate which candidates were interviewed and hired, if any. In addition, the
Contractor shall provide the start date of new hires, and additional information

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 reasonably related to such hires, within twenty (20) business days after the start date.
In the event the Contractor does not have any job openings covered by this Rider in
any given year, the Contractor shall be required to provide an annual update to
HireNYC to that effect. For this purpose, the reporting year shall run from the date
of the registration of the Contract pursuant to Charter section 328 and each
anniversary date.

35.6.2(d) These requirements do not limit the Contractor’s ability to assess the
qualifications of prospective workers, and to make final hiring and retention
decisions. No provision of this Article 35.6 shall be interpreted so as to require the
Contractor to employ any particular worker.

35.6.2(e) In addition, the provisions of this Article 35.6 shall not apply to
positions that the Contractor intends to fill with employees employed pursuant to
the job retention provision of Section 22-505 of the Administrative Code of the City
of New York. The Contractor shall not be required to report such openings with
HireNYC. However, the Contractor shall enroll with the HireNYC system pursuant
to Article 35.6.1, above, and, if such positions subsequently become open, then the
remaining provisions of this Article 35.6 will apply.

35.6.3 Breach and Liquidated Damages. If the Contractor fails to comply with the terms
of the ContrSact and this Article 35.6 ( l) by not enrolling its business with HireNYC; (2)
by not informing HireNYC, as required, of open positions; or (3) by failing to interview a
qualified candidate, the Agency may assess liquidated damages in the amount of two-
thousand five hundred dollars ($2,500) per breach. For all other events of noncompliance
with the terms of this Article 35.6, the Agency may assess liquidated damages in the
amount of five hundred dollars ($500) per breach. Furthermore, in the event the
Contractor breaches the requirements of this Article 35.6 during the term of the Contract,
the City may hold the Contractor in default of this Contract.

35.6.4 Audit Compliance. In addition to the auditing requirements set forth in other parts
of the Contract, the Contractor shall permit SBS and the City to inspect any and all
records concerning or relating to job openings or the hiring of individuals for work arising
from the Contract and located in New York City. The Contractor shall permit an
inspection within seven (7) business days of the request.

35.6.5 Other Reporting Requirements. The Contractor shall report to the City, on a
monthly basis, all information reasonably requested by the City that is necessary for the
City to comply with any reporting requirements imposed by Law, including any
requirement that the City maintain a publicly accessible database. In addition, the
Contractor agrees to comply with all reporting requirements imposed by Law, or as
otherwise requested by the City.

35.6.6 Federal Hiring Requirements. If this Contract is federally funded (as indicated
elsewhere in this Contract), the Contractor shall comply with all federal hiring
requirements as may be set forth in this Contract, including, as applicable: (a) Section 3 of
the HUD Act of 1968, which requires, to the greatest extent feasible, economic
opportunities for 30 percent of new hires be given to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing and Executive
Order 11246, which prohibits discrimination in employment due to race, color, religion,
sex or national origin, and requires the implementation of goals for minority and female
participation for work involving any construction trade.

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 ARTICLE 36. NO DISCRIMINATION

36.1 The Contractor specifically agrees, as required by Labor Law Section 220-e, as amended,
that:

36.1.1 In the hiring of employees for the performance of Work under this Contract or any
subcontract hereunder, neither the Contractor, Subcontractor, nor any person acting on
behalf of such Contractor or Subcontractor, shall by reason of race, creed, color or
national origin discriminate against any citizen of the State of New York who is qualified
and available to perform the Work to which the employment relates;

36.1.2 Neither the Contractor, Subcontractor, nor any person on its behalf shall, in any
manner, discriminate against or intimidate any employee hired for the performance of Work
under this Contract on account of race, creed, color or national origin;

36.1.3 There may be deducted from the amount payable to the Contractor by the City
under this Contract a penalty of fifty ($50.00) dollars for each person for each Day during
which such person was discriminated against or intimidated in violation of the provisions of
this Contract; and

36.1.4 This Contract may be cancelled or terminated by the City and all moneys due or to
become due hereunder may be forfeited, for a second or any subsequent violation of the
terms or conditions of this Article 36.

36.1.5 This Article 36 covers all construction, alteration and repair of any public building
or public work occurring in the State of New York and the manufacture, sale, and
distribution of materials, equipment, and supplies to the extent that such operations are
performed within the State of New York pursuant to this Contract.

36.2 The Contractor specifically agrees, as required by Section 6-108 of the Administrative Code,
as amended, that:

36.2.1 It shall be unlawful for any person engaged in the construction, alteration or repair
of buildings or engaged in the construction or repair of streets or highways pursuant to a
Contract with the City or engaged in the manufacture, sale or distribution of materials,
equipment or supplies pursuant to a Contract with the City to refuse to employ or to refuse
to continue in any employment any person on account of the race, color or creed of such
person.

36.2.2 It shall be unlawful for any person or any servant, agent or employee of any person,
described in Article 36.1.2, to ask, indicate or transmit, orally or in writing, directly or
indirectly, the race, color or creed or religious affiliation of any person employed or seeking
employment from such person, firm or corporation.

36.2.3 Breach of the foregoing provisions shall be deemed a violation of a material

provision of this Contract.

36.2.4 Any person, or the employee, manager or owner of or officer of such firm or
corporation who shall violate any of the provisions of this Article 36.2 shall, upon

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 conviction thereof, be punished by a fine of not more than one hundred ($100.00) dollars or
by imprisonment for not more than thirty (30) Days, or both.

36.3 This Contract is subject to the requirements of Executive Order No. 50 (1980) (“E.O. 50”), as
revised, and the rules and regulations promulgated thereunder. No contract will be awarded unless and
until these requirements have been complied with in their entirety. By signing this Contract, the
Contractor agrees that it:

36.3.1 Will not engage in any unlawful discrimination against any employee or applicant
for employment because of race, creed, color, national origin, sex, age, disability, marital
status or sexual orientation with respect to all employment decisions including, but not
limited to, recruitment, hiring, upgrading, demotion, downgrading, transfer, training, rates
of pay or other forms of compensation, layoff, termination, and all other terms and
conditions of employment; and

36.3.2 Will not engage in any unlawful discrimination in the selection of Subcontractors
on the basis of the owner’s race, color, creed, national origin, sex, age, disability, marital
status or sexual orientation; and

36.3.3 Will state in all solicitations or advertisements for employees placed by or on behalf
of the Contractor that all qualified applicants will receive consideration for employment
without unlawful discrimination based on race, creed, color, national origin, sex, age,
citizens status, disability, marital status, sexual orientation, or that it is an equal employment
opportunity employer; and

36.3.4 Will send to each labor organization or representative of workers with which it has a
collective bargaining agreement or other contract or memorandum of understanding, written
notification of its equal employment opportunity commitments under E.O. 50 and the rules
and regulations promulgated thereunder; and

36.3.5 Will furnish, before the award of the Contract, all information and reports,
including an employment report, that are required by E.O. 50, the rules and regulations
promulgated thereunder, and orders of the City Department of Business Services, Division
of Labor Services (DLS) and will permit access to its books, records, and accounts by the
DLS for the purposes of investigation to ascertain compliance with such rules, regulations,
and orders.

36.4 The Contractor understands that in the event of its noncompliance with the nondiscrimination
clauses of this Contract or with any of such rules, regulations, or orders, such noncompliance shall
constitute a material breach of this Contract and noncompliance with E.O. 50 and the rules and
regulations promulgated thereunder. After a hearing held pursuant to the rules of the DLS, the Director
of the DLS may direct the Commissioner to impose any or all of the following sanctions:

36.4.1 Disapproval of the Contractor; and/or

36.4.2 Suspension or termination of the Contract; and/or

36.4.3 Declaring the Contractor in default; and/or

36.4.4 In lieu of any of the foregoing sanctions, the Director of the DLS may impose an
employment program.

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In addition to any actions taken under this Contract, failure to comply with E.O. 50 and the rules and
regulations promulgated thereunder, in one or more instances, may result in a City Agency declaring the
Contractor to be non-responsible in future procurements. The Contractor further agrees that it will
refrain from entering into any Contract or Contract modification subject to E.O. 50 and the rules and
regulations promulgated thereunder with a Subcontractor who is not in compliance with the
requirements of E.O. 50 and the rules and regulations promulgated thereunder.

36.5 The Contractor specifically agrees, as required by Section 6-123 of the Administrative
Code, that:

36.5.1 The Contractor will not engage in any unlawful discriminatory practice in violation
of Title 8 of the Administrative Code; and

36.5.2 Any failure to comply with this Article 36.5 may subject the Contractor to the
remedies set forth in Section 6-123 of the Administrative Code, including, where
appropriate, sanctions such as withholding of payment, imposition of an employment
program, finding the Contractor to be in default, cancellation of the Contract, or any other
sanction or remedy provided by Law or Contract.

ARTICLE 37. LABOR LAW REQUIREMENTS

37.1 The Contractor shall strictly comply with all applicable provisions of the Labor Law, as
amended. Such compliance is a material term of this Contract.

37.2 The Contractor specifically agrees, as required by Labor Law Sections 220 and 220-d, as
amended, that:

37.2.1 Hours of Work: No laborer, worker, or mechanic in the employ of the Contractor,
Subcontractor or other person doing or contracting to do the whole or a part of the Work
contemplated by this Contract shall be permitted or required to work more than eight (8)
hours in any one (1) Day, or more than five (5) Days in any one (1) week, except as
provided in the Labor Law and in cases of extraordinary emergency including fire, flood, or
danger to life or property, or in the case of national emergency when so proclaimed by the
President of the United States of America.

37.2.2 In situations in which there are not sufficient laborers, workers, and mechanics who
may be employed to carry on expeditiously the Work contemplated by this Contract as a
result of such restrictions upon the number of hours and Days of labor, and the immediate
commencement or prosecution or completion without undue delay of the Work is necessary
for the preservation of the Site and/or for the protection of the life and limb of the persons
using the same, such laborers, workers, and mechanics shall be permitted or required to
work more than eight (8) hours in any one (1) Day; or five (5) Days in any one (1) week;
provided, however, that upon application of any Contractor, the Commissioner shall have
first certified to the Commissioner of Labor of the State of New York (hereinafter
“Commissioner of Labor”) that such public Work is of an important nature and that a delay
in carrying it to completion would result in serious disadvantage to the public; and provided,
further, that such Commissioner of Labor shall have determined that such an emergency
does in fact exist as provided in Labor Law Section 220.2.

37.2.3 Failure of the Commissioner to make such a certification to the Commissioner of

Labor shall not entitle the Contractor to damages for delay or for any cause whatsoever.

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 37.2.4 Prevailing Rate of Wages: The wages to be paid for a legal day’s Work to laborers,
workers, or mechanics employed upon the Work contemplated by this Contract or upon
any materials to be used thereon shall not be less than the “prevailing rate of wage” as
defined in Labor Law Section 220, and as fixed by the Comptroller in the attached
Schedule of Wage Rates and in updated schedules thereof. The prevailing wage rates and
supplemental benefits to be paid are those in effect at the time the Work is being
performed.

37.2.5 Requests for interpretation or correction in the Information for Bidders includes all
requests for clarification of the classification of trades to be employed in the performance of
the Work under this Contract. In the event that a trade not listed in the Contract is in fact
employed during the performance of this Contract, the Contractor shall be required to
obtain from the Agency the prevailing wage rates and supplementary benefits for the trades
used and to complete the performance of this Contract at the price at which the Contract
was awarded.

37.2.6 Minimum Wages: Except for employees whose wage is required to be fixed
pursuant to Labor Law Section 220, all persons employed by the Contractor and any
Subcontractor in the manufacture or furnishing of the supplies, materials, or equipment, or
the furnishing of work, labor, or services, used in the performance of this Contract, shall be
paid, without subsequent deduction or rebate unless expressly authorized by Law, not less
than the sum mandated by Law.

37.3 Working Conditions: No part of the Work, labor or services shall be performed or rendered
by the Contractor in any plants, factories, buildings or surroundings or under working conditions which
are unsanitary or hazardous or dangerous to the health and safety of employees engaged in the
performance of this Contract. Compliance with the safety, sanitary, and factory inspection Laws of the
state in which the Work is to be performed shall be prima facie evidence of compliance with this Article
37.3.

37.4 Prevailing Wage Enforcement: The Contractor agrees to pay for all costs incurred by the
City in enforcing prevailing wage requirements, including the cost of any investigation conducted by or
on behalf of the Agency or the Comptroller, where the City discovers a failure to comply with any of
the requirements of this Article 37 by the Contractor or its Subcontractor(s). The Contractor also
agrees that, should it fail or refuse to pay for any such investigation, the Agency is hereby authorized to
deduct from a Contractor’s account an amount equal to the cost of such investigation.

37.4.1 The Labor Law Section 220 and Section 220-d, as amended, provide that this
Contract shall be forfeited and no sum paid for any Work done hereunder on a second
conviction for willfully paying less than:

37.4.1(a) The stipulated prevailing wage scale as provided in Labor Law section
220, as amended, or

37.4.1(b) The stipulated minimum hourly wage scale as provided in Labor Law
section 220-d, as amended.

37.4.2 For any breach or violation of either working conditions (Article 37.3) or minimum
wages (Article 37.2.6) provisions, the party responsible therefor shall be liable to the City
for liquidated damages, which may be withheld from any amounts due on any contracts
with the City of such party responsible, or may be recovered in actions brought by the City

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 Corporation Counsel in the name of the City, in addition to damages for any other breach
of this Contract, for a sum equal to the amount of any underpayment of wages due to any
employee engaged in the performance of this Contract. In addition, the Commissioner
shall have the right to cancel contracts and enter into other contracts for the completion of
the original contract, with or without public letting, and the original Contractor shall be
liable for any additional cost. All sums withheld or recovered as deductions, rebates,
refunds, or underpayment of wages hereunder, shall be held in a special deposit account
and shall be paid without interest, on order of the Comptroller, directly to the employees
who have been paid less than minimum rates of pay as set forth herein and on whose
account such sums were withheld or recovered, provided that no claims by employees for
such payments shall be entertained unless made within two (2) years from the date of
actual notice to the Contractor of the withholding or recovery of such sums by the City.

37.4.3 A determination by the Comptroller that a Contractor and/or its Subcontractor

willfully violated Labor Law Section 220 will be forwarded to the City’s five District
Attorneys for review.

37.4.4 The Contractor’s or Subcontractor’s noncompliance with this Article 37.4 and
Labor Law Section 220 may result in an unsatisfactory performance evaluation and the
Comptroller may also find and determine that the Contractor or Subcontractor willfully
violated the New York Labor Law.

37.4.4(a) An unsatisfactory performance evaluation for noncompliance with this

Article 37.4 may result in a determination that the Contractor is a non-responsible
bidder on subsequent procurements with the City and thus a rejection of a future
award of a contract with the City, as well as any other sanctions provided for by
Law.

37.4.4(b) Labor Law Section 220-b, as amended, provides that when two (2)
final determinations have been rendered against a Contractor or Subcontractor
within any consecutive six (6) year period determining that such Contractor or
Subcontractor has willfully failed to pay the prevailing rate of wages or to provide
supplements in accordance with the Labor Law and this Article 37.4, whether such
failures were concurrent or consecutive and whether or not such final determinations
concerning separate public works projects are rendered simultaneously, such
Contractor or Subcontractor shall be ineligible to submit a bid on or be awarded
any public works contract with the City for a period of five (5) years from the
second final determination. If the final determination involves the falsification of
payroll records or the kickback of wages or supplements, the Contractor or
Subcontractor shall be ineligible to submit a bid on or be awarded any public works
contract with the City for a period of five (5) years from the first final determination.

37.4.4(c) Labor Law Section 220, as amended, provides that the Contractor or
Subcontractor found to have violated this Article 37.4 may be directed to make
payment of wages or supplements including interest found to be due, and the
Contractor or Subcontractor may be directed to make payment of a further sum as
a civil penalty in an amount not exceeding twenty-five (25%) percent of the total
amount found to be due.

37.5 The Contractor and its Subcontractors shall within ten (10) Days after mailing of a Notice
of Award or written order, post in prominent and conspicuous places in each and every plant, factory,
building, and structure where employees of the Contractor and its Subcontractors engaged in the

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performance of this Contract are employed, notices furnished by the City, in relation to prevailing
wages and supplements, minimum wages, and other stipulations contained in Sections 220 and 220-h of
the Labor Law, and the Contractor and its Subcontractors shall continue to keep such notices posted in
such prominent and conspicuous places until Final Acceptance of the supplies, materials, equipment, or
Work, labor, or services required to be furnished or rendered under this Contract.

37.6 The Contractor shall strictly comply with all of the provisions of Articles 37.6.1 through
37.6.5, and provide for all workers, laborers or mechanics in its employ, the following:

37.6.1 Notices Posted At Site: Post, in a location designated by the City, schedules of
prevailing wages and supplements for this Project, a copy of all re-determinations of such
schedules for the Project, the Workers’ Compensation Law Section 51 notice, all other
notices required by Law to be posted at the Site, the City notice that this Project is a public
works project on which each worker is entitled to receive the prevailing wages and
supplements for the occupation at which he or she is working, and all other notices which
the City directs the Contractor to post. The Contractor shall provide a surface for such
notices which is satisfactory to the City. The Contractor shall maintain and keep current
such notices in a legible manner and shall replace any notice or schedule which is damaged,
defaced, illegible or removed for any reason. The Contractor shall post such notices
before commencing any Work on the Site and shall maintain such notices until all Work
on the Site is complete; and

37.6.2 Daily Site Sign-in Sheets: Maintain daily Site sign-in sheets, and require that
Subcontractors maintain daily Site sign-in sheets for its employees, which include blank
spaces for an employee’s name to be both printed and signed, job title, date started and
Social Security number, the time the employee began work and the time the employee left
work, until Final Acceptance of the supplies, materials, equipment, or Work, labor, or
services to be furnished or rendered under this Contract unless exception is granted by the
Comptroller upon application by the Agency. In the alternative, subject to the approval of
the CCPO, the Contractor and Subcontractor may maintain an electronic or biometric
sign-in system, which provides the information required by this Article 37.6.2; and

37.6.3 Individual Employee Information Notices: Distribute a notice to each worker,

laborer or mechanic employed under this Contract, in a form provided by the Agency, that
this Project is a public works project on which each worker, laborer or mechanic is entitled
to receive the prevailing rate of wages and supplements for the occupation at which he or
she is working. If the total cost of the Work under this Contract is at least two hundred
fifty thousand ($250,000) dollars, such notice shall also include a statement that each
worker, laborer or mechanic must be certified prior to performing any Work as having
successfully completed a course in construction safety and health approved by the United
States Department of Labor’s Occupational Safety and Health Administration that is at least
ten (10) hours in duration. Such notice shall be distributed to each worker before he or she
starts performing any Work of this Contract and with the first paycheck after July first of
each year. “Worker, laborer or mechanic” includes employees of the Contractor and all
Subcontractors and all employees of suppliers entering the Site. At the time of distribution,
the Contractor shall have each worker, laborer or mechanic sign a statement, in a form
provided by the Agency, certifying that the worker has received the notice required by this
Article 37.6.3, which signed statement shall be maintained with the payroll records required
by this Contract; and

37.6.3(a) The Contractor and each Subcontractor shall notify each worker,
laborer or mechanic employed under this Contract in writing of the prevailing rate of

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 wages for their particular job classification. Such notification shall be given to every
worker, laborer, and mechanic on their first pay stub and with every pay stub
thereafter; and

37.6.4 Site Laminated Identification Badges: The Contractor shall provide laminated
identification badges which include a photograph of the worker’s, laborer’s or mechanic’s
face and indicate the worker’s, laborer’s or mechanic’s name, trade, employer’s name, and
employment starting date (month/day/year). Further, the Contractor shall require as a
condition of employment on the Site, that each and every worker, laborer or mechanic wear
the laminated identification badge at all times and that it may be seen by any representative
of the City. The Commissioner may grant a written waiver from the requirement that the
laminated identification badge include a photograph if the Contractor demonstrates that the
identity of an individual wearing a laminated identification badge can be easily verified by
another method; and

37.6.5 Language Other Than English Used On Site: Provide the ACCO notice when three
(3) or more employees (worker and/or laborer and/or mechanic) on the Site, at any time,
speak a language other than English. The ACCO will then provide the Contractor the
notices described in Article 37.6.1 in that language or languages as may be required. The
Contractor is responsible for all distributions under this Article 37; and

37.6.6 Provision of Records: The Contractor and Subcontractor(s) shall produce within
five (5) Days on the Site of the Work and upon a written order of the Engineer, the
Commissioner, the ACCO, the Agency EAO, or the Comptroller, such records as are
required to be kept by this Article 37.6; and

37.6.7 The Contractor and Subcontractor(s) shall pay employees by check or direct
deposit. If this Contract is for an amount greater than one million ($1,000,000) dollars,
checks issued by the Contractor to covered employees shall be generated by a payroll
service or automated payroll system (an in-house system may be used if approved by the
Agency). For any subcontract for an amount greater than seven hundred fifty thousand
($750,000) dollars, checks issued by a Subcontractor to covered employees shall be
generated by a payroll service or automated payroll system (an in-house system may be used
if approved by the Agency); and

37.6.8 The failure of the Contractor or Subcontractor(s) to comply with the provisions of
Articles 37.6.1 through 37.6.7 may result in the Commissioner declaring the Contractor in
default and/or the withholding of payments otherwise due under the Contract.

37.7 The Contractor and its Subcontractors shall keep such employment and payroll records as
are required by Section 220 of the Labor Law. The failure of the Contractor or Subcontractor(s) to
comply with the provisions of this Article 37.7 may result in the Commissioner declaring the
Contractor in default and/or the withholding of payments otherwise due under the Contract.

37.8 At the time the Contractor makes application for each partial payment and for final payment,
the Contractor shall submit to the Commissioner a written payroll certification, in the form provided by
this Contract, of compliance with the prevailing wage, minimum wage, and other provisions and
stipulations required by Labor Law Section 220 and of compliance with the training requirements of
Labor Law Section 220-h set forth in Article 35.2. This certification of compliance shall be a condition
precedent to payment and no payment shall be made to the Contractor unless and until each such
certification shall have been submitted to and received by the Commissioner.

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 37.9 This Contract is executed by the Contractor with the express warranty and representation
that the Contractor is not disqualified under the provisions of Section 220 of the Labor Law from the
award of the Contract.

37.10 Any breach or violation of any of the foregoing shall be deemed a breach or violation of a
material provision of this Contract, and grounds for cancellation thereof by the City.

ARTICLE 38. PAYROLL REPORTS

38.1 The Contractor and its Subcontractor(s) shall maintain on the Site during the performance
of the Work the original payrolls or transcripts thereof which the Contractor and its Subcontractor(s)
are required to maintain and shall submit such original payrolls or transcripts, subscribed and affirmed by
it as true, within thirty (30) Days after issuance of its first payroll, and every thirty (30) Days thereafter,
pursuant to Labor Law Section 220(3-a)(a)(iii). The Contractor and Subcontractor(s) shall submit such
original payrolls or transcripts along with each and every payment requisition. If payment requisitions are
not submitted at least once a month, the Contractor and its Subcontractor(s) shall submit original
payrolls and transcripts both along with its payment requisitions and independently of its payment
requisitions.

38.2 The Contractor shall maintain payrolls or transcripts thereof for six (6) years from the
date of completion of the Work on this Contract. If such payrolls and transcripts are maintained outside
of New York City after the completion of the Work and their production is required pursuant to this
Article 38, the Contractor shall produce such records in New York City upon request by the City.

38.3 The Contractor and Subcontractor(s) shall comply with any written order, direction, or
request made by the Engineer, the Commissioner, the ACCO, the Agency EAO, the Agency Labor
Law Investigator(s), or the Comptroller, to provide to the requesting party any of the following
information and/or records within five (5) Days of such written order, direction, or request:

38.3.1 Such original payrolls or transcripts thereof subscribed and affirmed by it as true
and the statements signed by each worker pursuant to this Chapter VIII; and/or

38.3.2 Attendance sheets for each Day on which any employee of the Contractor
and/or any of the Subcontractor(s) performed Work on the Site, which attendance sheet
shall be in a form acceptable to the Agency and shall provide information acceptable to the
Agency to identify each such employee; and/or

38.3.3 Any other information to satisfy the Engineer, the Commissioner, the ACCO,
the Agency EAO, the Agency Labor Law Investigator(s) or the Comptroller, that this
Chapter VIII and the Labor Law, as to the hours of employment and prevailing rates of
wages and/or supplemental benefits, are being observed.

38.4 The failure of the Contractor or Subcontractor(s) to comply with the provisions of Articles
38.1 and/or 38.2 may result in the Commissioner declaring the Contractor in default and/or the
withholding of payments otherwise due under the Contract.

ARTICLE 39. DUST HAZARDS

39.1 Should a harmful dust hazard be created in performing the Work of this Contract, for the
elimination of which appliances or methods have been approved by the Board of Standards and Appeals

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of the City of New York, such appliances and methods shall be installed, maintained, and effectively
operated during the continuance of such harmful dust hazard. Failure to comply with this provision after
notice shall make this Contract voidable at the sole discretion of the City.

CHAPTER IX: PARTIAL AND FINAL PAYMENTS

ARTICLE 40. CONTRACT PRICE

40.1 The City shall pay, and the Contractor agrees to accept, in full consideration for the
Contractor’s performance of the Work subject to the terms and conditions hereof, the lump sum price
or unit prices for which this Contract was awarded, plus the amount required to be paid for any Extra
Work ordered by the Commissioner under Article 25, less credit for any Work omitted pursuant to
Article 29.

ARTICLE 41. BID BREAKDOWN ON LUMP SUM

41.1 Within fifteen (15) Days after the commencement date specified in the Notice to Proceed
or Order to Work, unless otherwise directed by the Resident Engineer, the Contractor shall submit
to the Resident Engineer a breakdown of its bid price, or of lump sums bid for items of the Contract,
showing the various operations to be performed under the Contract, as directed in the progress schedule
required under Article 9, and the value of each of such operations, the total of such items to equal the
lump sum price bid. Said breakdown must be approved in writing by the Resident Engineer.

41.2 No partial payment will be approved until the Contractor submits a bid breakdown that is
acceptable to the Resident Engineer.

41.3 The Contractor shall also submit such other information relating to the bid breakdown as
directed by the Resident Engineer. Thereafter, the breakdown may be used only for checking the
Contractor’s applications for partial payments hereunder, but shall not be binding upon the City, the
Commissioner, or the Engineer for any purpose whatsoever.

ARTICLE 42. PARTIAL PAYMENTS

42.1 From time to time as the Work progresses satisfactorily, but not more often than once each
calendar month (except where the Commissioner approves in writing the submission of invoices on a
more frequent basis and for invoices relating to Work performed pursuant to a change order), the
Contractor may submit to the Engineer a requisition for a partial payment in the prescribed form, which
shall contain an estimate of the quantity and the fair value of the Work done during the payment period.

42.2 Partial payments may be made for materials, fixtures, and equipment in advance of their actual
incorporation in the Work, as the Commissioner may approve, and upon the terms and conditions set
forth in the General Conditions.

42.3 The Contractor shall also submit to the Commissioner in connection with every application
for partial payment a verified statement in the form prescribed by the Comptroller setting forth the
information required under Labor Law Section 220-a.

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 42.4 Within thirty (30) Days after receipt of a satisfactory payment application, and within sixty
(60) Days after receipt of a satisfactory payment application in relation to Work performed pursuant to a
change order, the Engineer will prepare and certify, and the Commissioner will approve, a voucher for a
partial payment in the amount of such approved estimate, less any and all deductions authorized to be
made by the Commissioner under the terms of this Contract or by Law.

ARTICLE 43. PROMPT PAYMENT

43.1 The Prompt Payment provisions of the PPB Rules in effect at the time of the bid will be
applicable to payments made under this Contract. The provisions require the payment to the Contractor
of interest on payments made after the required payment date, except as set forth in the PPB Rules.

43.2 The Contractor shall submit a proper invoice to receive payment, except where the Contract
provides that the Contractor will be paid at predetermined intervals without having to submit an invoice
for each scheduled payment.

43.3 Determination of interest due will be made in accordance with the PPB Rules.

43.4 If the Contractor is paid interest, the proportionate share(s) of that interest shall be forwarded
by the Contractor to its Subcontractor(s).

43.5 The Contractor shall pay each Subcontractor or Materialman not later than seven (7) Days
after receipt of payment out of amounts paid to the Contractor by the City for Work performed by the
Subcontractor or Materialman under this Contract.

43.5.1 If Contractor fails to make any payment to any Subcontractor or Materialman

within seven (7) Days after receipt of payment by the City pursuant to this Article 43.5,
then the Contractor shall pay interest on amounts due to such Subcontractor or
Materialman at the rate of interest in effect on the date such payment is made by the
Contractor computed in accordance with Section 756-b (1)(b) of the New York General
Business Law. Accrual of interest shall commence on the Day immediately following the
expiration of the seventh Day following receipt of payment by the Contractor from the
City and shall end on the date on which payment is made.

43.6 The Contractor shall include in each of its subcontracts a provision requiring each
Subcontractor to make payment to each of its Subcontractors or Materialmen for Work performed
under this Contract in the same manner and within the same time period set forth above.

ARTICLE 44. SUBSTANTIAL COMPLETION PAYMENT

44.1 The Contractor shall submit with the Substantial Completion requisition:

44.1.1 A final verified statement of any pending Article 27 disputes in accordance with the
PPB Rules and this Contract and any and all alleged claims against the City, in any way
connected with or arising out of this Contract (including those as to which details may have
been furnished pursuant to Articles 11, 27, 28, and 30) setting forth with respect to each
such claim the total amount thereof, the various items of labor and materials included
therein, and the alleged value of each item; and if the alleged claim be one for delay, the
alleged cause of each such delay, the period or periods of time, giving the dates when the

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 Contractor claims the performance of the Work or a particular part thereof was delayed,
and an itemized statement and breakdown of the amount claimed for each such delay.

44.1.1(a) With respect to each such claim, the Commissioner, the

Comptroller and, in the event of litigation, the City Corporation Counsel
shall have the same right to inspect, and to make extracts or copies of, the
Contractor’s books, vouchers, records, etc., as is referred to in Articles 11,
27, 28, and 30. Nothing contained in this Article 44.1.1(a) is intended to or
shall relieve the Contractor from the obligation of complying strictly with
Articles 11, 27, 28, and 30. The Contractor is warned that unless such
claims are completely set forth as herein required, the Contractor upon
acceptance of the Substantial Completion payment pursuant to this Article
44, will have waived any such claims.

44.1.2 A Final Approved Punch List.

44.1.3 Where required, a request for an extension of time to achieve Substantial

Completion or final extension of time.

44.2 The Commissioner shall issue a voucher calling for payment of any part or all of the balance
due for Work performed under the Contract, including monies retained under Article 21, less any and
all deductions authorized to be made by the Commissioner, under this Contract or by Law, and less
twice the amount the Commissioner considers necessary to ensure the completion of the balance of the
Work by the Contractor. Such a payment shall be considered a partial and not a final payment. No
Substantial Completion payment shall be made under this Article 44 where the Contractor failed to
complete the Work within the time fixed for such completion in the Schedule A of the General
Conditions, or within the time to which completion may have been extended, until an extension or
extensions of time for the completion of Work have been acted upon pursuant to Article 13.

44.3 No further partial payments shall be made to the Contractor after Substantial Completion,
except the Substantial Completion payment and payment pursuant to any Contractor’s requisition that
were properly filed with the Commissioner prior to the date of Substantial Completion; however, the
Commissioner may grant a waiver for further partial payments after the date of Substantial Completion
to permit payments for change order Work and/or release of retainage and deposits pursuant to Articles
21 and 24. Such waiver shall be in writing.

44.4 The Contractor acknowledges that nothing contained in this Article 44 is intended to or shall
in any way diminish the force and effect of Article 13.

ARTICLE 45. FINAL PAYMENT

45.1 After completion and Final Acceptance of the Work, the Contractor shall submit all
required certificates and documents, together with a requisition for the balance claimed to be due under
the Contract, less the amount authorized to be retained for maintenance under Article 24. Such
submission shall be within 90 days of the date of the Commissioner’s written determination of Final
Acceptance, or within such additional time as may be granted by the Commissioner in writing. If the
Contractor fails to submit all required certificates and documents within the time allowed, no payment
of the balance claimed shall be made to the Contractor and the Contractor shall be deemed to have
forfeited its right to payment of any balance claimed. A verified statement similar to that required in
connection with applications for partial payments shall also be submitted to the Commissioner.

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 45.2 Amended Verified Statement of Claims: The Contractor shall also submit with the final
requisition any amendments to the final verified statement of any pending dispute resolution procedures
in accordance with the PPB Rules and this Contract and any and all alleged claims against the City, in
any way connected with or arising out of this Contract (including those as to which details may have
been furnished pursuant to Articles 11, 27, 28, and 30) that have occurred subsequent to Substantial
Completion, setting forth with respect to each such claim the total amount thereof, the various items of
labor and materials included therein, and the alleged value of each such item; and if the alleged claim be
one for delay, the alleged cause of each such delay, the period or periods of time, giving the dates when
the Contractor claims the performance of the Work or a particular part thereof was delayed, and an
itemized statement and breakdown of the amount claimed for each such delay. With reference to each
such claim, the Commissioner, the Comptroller and, in the event of litigation, the City Corporation
Counsel shall have the same right to inspect, and to make extracts or copies of, the Contractor’s books,
vouchers, records, etc., as is referred to in Articles 11, 27, 28, and 30. Nothing contained in this Article
45.2, is intended to or shall relieve the Contractor from the obligation of complying strictly with
Articles 11, 27, 28, and 30. The Contractor is warned that unless such claims are completely set forth as
herein required, the Contractor, upon acceptance of the Final Payment pursuant to Article 46, will have
waived any such claims.

45.3 Preparation of Final Voucher: Upon determining the balance due hereunder other than on
account of claims, the Engineer will prepare and certify, for the Commissioner’s approval, a voucher for
final payment in that amount less any and all deductions authorized to be made by the Commissioner
under this Contract or by Law. In the case of a lump sum Contract, the Commissioner shall certify the
voucher for final payment within thirty (30) Days from the date of completion and acceptance of the
Work, provided all requests for extensions of time have been acted upon.

45.3.1 All prior certificates and vouchers upon which partial payments were made, being
merely estimates made to enable the Contractor to prosecute the Work more
advantageously, shall be subject to correction in the final voucher, and the certification of
the Engineer thereon and the approval of the Commissioner thereof, shall be conditions
precedent to the right of the Contractor to receive any money hereunder. Such final
voucher shall be binding and conclusive upon the Contractor.

45.3.2 Payment pursuant to such final voucher, less any deductions authorized to be made
by the Commissioner under this Contract or by Law, shall constitute the final payment,
and shall be made by the Comptroller within thirty (30) Days after the filing of such
voucher in his/her office.

45.4 The Contractor acknowledges that nothing contained in this Article 45 is intended to or shall
in any way diminish the force and effect of Article 13.

ARTICLE 46. ACCEPTANCE OF FINAL PAYMENT

46.1 The acceptance by the Contractor, or by anyone claiming by or through it, of the final
payment, whether such payment be made pursuant to any judgment of any court, or otherwise, shall
constitute and operate as a release of the City from any and all claims of and liability to the Contractor
for anything heretofore done or furnished for the Contractor relating to or arising out of this Contract
and the Work done hereunder, and for any prior act, neglect or default on the part of the City or any of
its officials, agents or employees, excepting only a claim against the City for the amounts deducted or
retained in accordance with the terms and provisions of this Contract or by Law, and excepting any
claims, not otherwise waived, or any pending dispute resolution procedures which are contained in the

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verified statement filed with the Contractor’s substantial and final requisitions pursuant to Articles 44
and 45.

46.2 The Contractor is warned that the execution by it of a release, in connection with the
acceptance of the final payment, containing language purporting to reserve claims other than those herein
specifically excepted from the operation of this Article 46, or those for amounts deducted by the
Commissioner from the final requisition or from the final payment as certified by the Engineer and
approved by the Commissioner, shall not be effective to reserve such claims, anything stated to the
Contractor orally or in writing by any official, agent or employee of the City to the contrary
notwithstanding.

46.3 Should the Contractor refuse to accept the final payment as tendered by the Comptroller, it
shall constitute a waiver of any right to interest thereon.

46.4 The Contractor, however, shall not be barred by this Article 46 from commencing an action
for breach of Contract to the extent permitted by Law and by the terms of the Contract for any claims
that are contained in the verified statement filed with the Contractor’s substantial and final requisitions
pursuant to Articles 44 and 45 or that arose after submission of the final payment requisition, provided
that a detailed and verified statement of claim is served upon the contracting Agency and Comptroller
not later than forty (40) Days after the making of such final payment by electronic funds transfer (EFT)
or the mailing of such final payment. The statement shall specify the items upon which the claim will be
based and any such claim shall be limited to such items.

ARTICLE 47. APPROVAL BY PUBLIC DESIGN COMMISSION

47.1 All works of art, including paintings, mural decorations, stained glass, statues, bas-reliefs, and
other sculptures, monuments, fountains, arches, and other structures of a permanent character intended
for ornament or commemoration, and every design of the same to be used in the performance of this
Contract, and the design of all bridges, approaches, buildings, gates, fences, lamps, or structures to be
erected, pursuant to the terms of this Contract, shall be submitted to the Art Commission, d/b/a the
Public Design Commission of the City of New York, and shall be approved by the Public Design
Commission prior to the erection or placing in position of the same. The final payment shall not become
due or payable under this Contract unless and until the Public Design Commission shall certify that the
design for the Work herein contracted for has been approved by the said Public Design Commission, and
that the same has been executed in substantial accordance with the design so approved, pursuant to the
provisions of Chapter 37, Section 854 of the City Charter, as amended.

CHAPTER X: CONTRACTOR’S DEFAULT

ARTICLE 48. COMMISSIONER’S RIGHT TO DECLARE CONTRACTOR IN DEFAULT

48.1 In addition to those instances specifically referred to in other Articles herein, the
Commissioner shall have the right to declare the Contractor in default of this Contract if:

48.1.1 The Contractor fails to commence Work when notified to do so by the

Commissioner; or if

48.1.2 The Contractor shall abandon the Work; or if

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 48.1.3 The Contractor shall refuse to proceed with the Work when and as directed by the
Commissioner; or if

48.1.4 The Contractor shall, without just cause, reduce its working force to a number
which, if maintained, would be insufficient, in the opinion of the Commissioner, to
complete the Work in accordance with the progress schedule; or if

48.1.5 The Contractor shall fail or refuse to increase sufficiently such working force when
ordered to do so by the Commissioner; or if

48.1.6 The Contractor shall sublet, assign, transfer, convert or otherwise dispose of this
Contract other than as herein specified; or sell or assign a majority interest in the
Contractor; or if

48.1.7 The Contractor fails to secure and maintain all required insurance; or if

48.1.8 A receiver or receivers are appointed to take charge of the Contractor’s property or
affairs; or if

48.1.9 The Commissioner shall be of the opinion that the Contractor is or has been
unnecessarily or unreasonably or willfully delaying the performance and completion of the
Work, or the award of necessary subcontracts, or the placing of necessary material and
equipment orders; or if

48.1.10 The Commissioner shall be of the opinion that the Contractor is or has been
willfully or in bad faith violating any of the provisions of this Contract; or if

48.1.11 The Commissioner shall be of the opinion that the Work cannot be completed
within the time herein provided therefor or within the time to which such completion may
have been extended; provided, however, that the impossibility of timely completion is, in
the Commissioner’s opinion, attributable to conditions within the Contractor’s control; or
if

48.1.12 The Work is not completed within the time herein provided therefor or within the
time to which the Contractor may be entitled to have such completion extended; or if

48.1.13 Any statement or representation of the Contractor in the Contract or in any

document submitted by the Contractor with respect to the Work, the Project, or the
Contract (or for purposes of securing the Contract) was untrue or incorrect when made; or
if

48.1.14 The Contractor or any of its officers, directors, partners, five (5%) percent
shareholders, principals, or other persons substantially involved in its activities, commits
any of the acts or omissions specified as the grounds for debarment in the PPB Rules.

48.2 Before the Commissioner shall exercise his/her right to declare the Contractor in default, the
Commissioner shall give the Contractor an opportunity to be heard, upon not less than two (2) Days’
notice.

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 ARTICLE 49. EXERCISE OF THE RIGHT TO DECLARE DEFAULT

49.1 The right to declare the Contractor in default for any of the grounds specified or referred to in
Article 48 shall be exercised by sending the Contractor a notice, signed by the Commissioner, setting
forth the ground or grounds upon which such default is declared (hereinafter referred to as a “Notice of
Default”).

49.2 The Commissioner’s determination that the Contractor is in default shall be conclusive,
final, and binding on the parties and such a finding shall preclude the Contractor from commencing a
plenary action for any damages relating to the Contract. If the Contractor protests the determination of
the Commissioner, the Contractor may commence an action in a court of competent jurisdiction of the
State of New York under Article 78 of the New York Civil Practice Law and Rules.

ARTICLE 50. QUITTING THE SITE

50.1 Upon receipt of such notice the Contractor shall immediately discontinue all further
operations under this Contract and shall immediately quit the Site, leaving untouched all plant,
materials, equipment, tools, and supplies then on the Site.

ARTICLE 51. COMPLETION OF THE WORK

51.1 The Commissioner, after declaring the Contractor in default, may then have the Work
completed by such means and in such manner, by contract with or without public letting, or otherwise, as
he/she may deem advisable, utilizing for such purpose such of the Contractor’s plant, materials,
equipment, tools, and supplies remaining on the Site, and also such Subcontractors, as he/she may deem
advisable.

51.2 After such completion, the Commissioner shall make a certificate stating the expense incurred
in such completion, which shall include the cost of re-letting and also the total amount of liquidated
damages (at the rate provided for in the Contract) from the date when the Work should have been
completed by the Contractor in accordance with the terms hereof to the date of actual completion of the
Work. Such certificate shall be binding and conclusive upon the Contractor, its sureties, and any person
claiming under the Contractor, as to the amount thereof.

51.3 The expense of such completion, including any and all related and incidental costs, as so
certified by the Commissioner, and any liquidated damages assessed against the Contractor, shall be
charged against and deducted out of monies which are earned by the Contractor prior to the date of
default. Should the expense of such completion, as certified by the Commissioner, exceed the total sum
which would have been payable under the Contract if it had been completed by the Contractor, any
excess shall be paid by the Contractor.

ARTICLE 52. PARTIAL DEFAULT

52.1 In case the Commissioner shall declare the Contractor in default as to a part of the Work
only, the Contractor shall discontinue such part, shall continue performing the remainder of the Work
in strict conformity with the terms of this Contract, and shall in no way hinder or interfere with any
Other Contractor(s) or persons whom the Commissioner may engage to complete the Work as to
which the Contractor was declared in default.

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 52.2 The provisions of this Chapter relating to declaring the Contractor in default as to the entire
Work shall be equally applicable to a declaration of partial default, except that the Commissioner shall
be entitled to utilize for completion of the part of the Work as to which the Contractor was declared in
default only such plant, materials, equipment, tools, and supplies as had been previously used by the
Contractor on such part.

ARTICLE 53. PERFORMANCE OF UNCOMPLETED WORK

53.1 In completing the whole or any part of the Work under the provisions of this Chapter X, the
Commissioner shall have the power to depart from or change or vary the terms and provisions of this
Contract, provided, however, that such departure, change or variation is made for the purpose of
reducing the time or expense of such completion. Such departure, change or variation, even to the extent
of accepting a lesser or different performance, shall not affect the conclusiveness of the Commissioner’s
certificate of the cost of completion referred to in Article 51, nor shall it constitute a defense to an action
to recover the amount by which such certificate exceeds the amount which would have been payable to
the Contractor hereunder but for its default.

ARTICLE 54. OTHER REMEDIES

54.1 In addition to the right to declare the Contractor in default pursuant to this Chapter X, the
Commissioner shall have the absolute right, in his/her sole discretion and without a hearing, to complete
or cause to be completed in the same manner as described in Articles 51 and 53, any or all unsatisfactory
or uncompleted punch list Work that remains after the completion date specified in the Final Approved
Punch List. A written notice of the exercise of this right shall be sent to the Contractor who shall
immediately quit the Site in accordance with the provisions of Article 50.

54.2 The expense of completion permitted under Article 54.1, including any and all related and
incidental costs, as so certified by the Commissioner, shall be charged against and deducted out of
monies which have been earned by the Contractor prior to the date of the exercise of the right set forth
in Article 54.1; the balance of such monies, if any, subject to the other provisions of this Contract, to be
paid to the Contractor without interest after such completion. Should the expense of such completion,
as certified by the Commissioner, exceed the total sum which would have been payable under the
Contract if it had been completed by the Contractor, any excess shall be paid by the Contractor.

54.3 The previous provisions of this Chapter X shall be in addition to any and all other remedies
available under Law or in equity.

54.4 The exercise by the City of any remedy set forth herein shall not be deemed a waiver by the
City of any other legal or equitable remedy contained in this Contract or provided under Law.

CHAPTER XI: MISCELLANEOUS PROVISIONS

ARTICLE 55. CONTRACTOR’S WARRANTIES

55.1 In consideration of, and to induce, the award of this Contract to the Contractor, the
Contractor represents and warrants:

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 55.1.1 That it is financially solvent, sufficiently experienced and competent to perform
the Work; and

55.1.2 That the facts stated in its bid and the information given by it pursuant to the
Information for Bidders is true and correct in all respects; and

55.1.3 That it has read and complied with all requirements set forth in the Contract.

ARTICLE 56. CLAIMS AND ACTIONS THEREON

56.1 Any claim, that is not subject to dispute resolution under the PPB Rules or this Contract,
against the City for damages for breach of Contract shall not be made or asserted in any action, unless
the Contractor shall have strictly complied with all requirements relating to the giving of notice and of
information with respect to such claims, as herein before provided.

56.2 Nor shall any action be instituted or maintained on any such claims unless such action is
commenced within six (6) months after Substantial Completion; except that:

56.2.1 Any claims arising out of events occurring after Substantial Completion and before
Final Acceptance of the Work shall be asserted within six (6) months of Final Acceptance
of the Work;

56.2.2 If the Commissioner exercises his/her right to complete or cause to complete any or
all unsatisfactory or uncompleted punch list Work that remains after the completion date
specified in the Final Approved Punch List pursuant to Article 54, any such action shall
be commenced within six (6) months from the date the Commissioner notifies the
Contractor in writing that he/she has exercised such right. Any claims for monies
deducted, retained or withheld under the provisions of this Contract shall be asserted
within six (6) months after the date when such monies otherwise become due and payable
hereunder; and

56.2.3 If the Commissioner exercises his/her right to terminate the Contract pursuant to
Article 64, any such action shall be commenced within six (6) months of the date the
Commissioner exercises said right.

ARTICLE 57. INFRINGEMENT

57.1 The Contractor shall be solely responsible for and shall defend, indemnify, and hold the City
harmless from any and all claims (even if the allegations of the lawsuit are without merit) and judgments
for damages and from costs and expenses to which the City may be subject to or which it may suffer or
incur allegedly arising out of or in connection with any infringement by the Contractor of any copyright,
trade secrets, trademark or patent rights or any other property or personal right of any third party by the
Contractor and/or its Subcontractors in the performance or completion of the Work. Insofar as the
facts or Law relating to any claim would preclude the City from being completely indemnified by the
Contractor, the City shall be partially indemnified by the Contractor to the fullest extent permitted by
Law.

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 ARTICLE 58. NO CLAIM AGAINST OFFICIALS, AGENTS OR EMPLOYEES

58.1 No claim whatsoever shall be made by the Contractor against any official, agent or employee
of the City for, or on account of, anything done or omitted to be done in connection with this Contract.

ARTICLE 59. SERVICE OF NOTICES

59.1 The Contractor hereby designates the business address, fax number, and email address
specified in its bid, as the place where all notices, directions or other communications to the Contractor
may be delivered, or to which they may be mailed. Any notice, direction, or communication from either
party to the other shall be in writing and shall be deemed to have been given when (i) delivered
personally; (ii) sent by certified mail, return receipt requested; (iii) delivered by overnight or same day
courier service in a properly addressed envelope with confirmation; or (iv) sent by fax or email and,
unless receipt of the fax or e-mail is acknowledged by the recipient by fax or e-mail, deposited in a post
office box regularly maintained by the United States Postal Service in a properly addressed, postage pre-
paid envelope.

59.2 Contractor’s notice address, email address, or fax number may be changed at any time by an
instrument in writing, executed and acknowledged by the Contractor, and delivered to the
Commissioner.

59.3 Nothing herein contained shall, however, be deemed to preclude or render inoperative the
service of any notice, direction or other communication upon the Contractor personally, or, if the
Contractor is a corporation, upon any officer thereof.

ARTICLE 60. UNLAWFUL PROVISIONS DEEMED STRICKEN FROM CONTRACT

60.1 If this Contract contains any unlawful provision not an essential part of the Contract and
which shall not appear to have been a controlling or material inducement to the making thereof, the same
shall be deemed of no effect and shall, upon notice by either party, be deemed stricken from the
Contract without affecting the binding force of the remainder.

ARTICLE 61. ALL LEGAL PROVISIONS DEEMED INCLUDED

61.1 It is the intent and understanding of the parties to this Contract that each and every provision
of Law required to be inserted in this Contract shall be and is inserted herein. Furthermore, it is hereby
stipulated that every such provision is to be deemed to be inserted herein, and if, through mistake or
otherwise, any such provision is not inserted, or is not inserted in correct form, then this Contract shall
forthwith upon the application of either party be amended by such insertion so as to comply strictly with
the Law and without prejudice to the rights of either party hereunder.

ARTICLE 62. TAX EXEMPTION

62.1 The City is exempt from payment of Federal, State, and local taxes, including sales and
compensating use taxes of the State of New York and its cities and counties on all tangible personal
property sold to the City pursuant to the provisions of this Contract. These taxes are not to be included
in bids. However, this exemption does not apply to tools, machinery, equipment or other property leased
by or to the Contractor, Subcontractor or Materialman or to tangible personal property which, even

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though it is consumed, is not incorporated into the completed Work (consumable supplies) and tangible
personal property that the Contractor is required to remove from the Site during or upon completion of
the Work. The Contractor and its Subcontractors and Materialmen shall be responsible for and pay
any and all applicable taxes, including sales and compensating use taxes, on such leased tools,
machinery, equipment or other property and upon all such consumable supplies and tangible personal
property that the Contractor is required to remove from the Site during or upon completion of the
Work.

62.2 The Contractor agrees to sell and the City agrees to purchase all tangible personal property,
other than consumable supplies and other tangible personal property that the Contractor is required to
remove from the Site during or upon completion of the Work, that is required, necessary or proper for or
incidental to the construction of the Project covered by this Contract. The sum paid under this Contract
for such tangible personal property shall be in full payment and consideration for the sale of such
tangible personal property.

62.2.1 The Contractor agrees to construct the Project and to perform all Work, labor and
services rendered, necessary, proper or incidental thereto for the sum shown in the bid for
the performance of such Work, labor, and services, and the sum so paid pursuant to this
Contract for such Work, labor, and services, shall be in full consideration for the
performance by the Contractor of all its duties and obligations under this Contract in
connection with said Work, labor, and services.

62.3 20 NYCRR Section 541.3(d) provides that a Contractor’s purchases of tangible personal
property that is either incorporated into real property owned by a governmental entity or purchased for
and sold to a governmental entity are exempt from sales and use tax. The City shall not pay sales tax for
any such tangible personal property that it purchases from the Contractor pursuant to the Contract.
With respect to such tangible personal property, the Contractor, at the request of the City, shall furnish
to the City such bills of sale and other instruments as may be required by the City, properly executed,
acknowledged and delivered assuring to the City title to such tangible personal property, free of liens
and/or encumbrances, and the Contractor shall mark or otherwise identify all such tangible personal
property as the property of the City.

62.4 Title to all tangible personal property to be sold by the Contractor to the City pursuant to the
provisions of the Contract shall immediately vest in and become the sole property of the City upon
delivery of such tangible personal property to the Site. Notwithstanding such transfer of title, the
Contractor shall have the full and continuing responsibility to install such tangible personal property in
accordance with the provisions of this Contract, protect it, maintain it in a proper condition and
forthwith repair, replace and make good any damage thereto, theft or disappearance thereof, and furnish
additional tangible personal property in place of any that may be lost, stolen or rendered unusable,
without cost to the City, until such time as the Work covered by the Contract is fully accepted by the
City. Such transfer of title shall in no way affect any of the Contractor’s obligations hereunder. In the
event that, after title has passed to the City, any of the tangible personal property is rejected as being
defective or otherwise unsatisfactory, title to all such tangible personal property shall be deemed to have
been transferred back to the Contractor.

62.5 The purchase by Subcontractors or Materialmen of tangible personal property to be sold

hereunder shall be a purchase or procurement for resale to the Contractor (either directly or through
other Subcontractors) and therefore not subject to the aforesaid sales and compensating use taxes,
provided that the subcontracts and purchase agreements provide for the resale of such tangible personal
property and that such subcontracts and purchase agreements are in a form similar to this Contract with
respect to the separation of the sale of consumable supplies and tangible personal property that the

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Contractor is required to remove from the Site during or upon completion of the Work from the Work
and labor, services, and any other matters to be provided, and provided further that the subcontracts and
purchase agreements provide separate prices for tangible personal property and all other services and
matters. Such separation shall actually be followed in practice, including the separation of payments for
tangible personal property from the payments for other Work and labor and other things to be provided.

62.6 The Contractor and its Subcontractors and Materialmen shall furnish a Contractor Exempt
Purchase Certificate to all persons, firms or corporations from which they purchase tangible personal
property for the performance of the Work covered by this Contract.

62.7 In the event any of the provisions of this Article 62 shall be deemed to be in conflict with any
other provisions of this Contract or create any ambiguity, then the provisions of this Article 62 shall
control.

ARTICLE 63. INVESTIGATION(S) CLAUSE

63.1 The parties to this Contract agree to cooperate fully and faithfully with any investigation,
audit or inquiry conducted by a United States, a State of New York (State) or a City governmental
agency or authority that is empowered directly or by designation to compel the attendance of witnesses
and to examine witnesses under oath, or conducted by the Inspector General of a governmental agency
that is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit or
license that is the subject of the investigation, audit or inquiry.

63.2 If any person who has been advised that his/her statement, and any information from such
statement, will not be used against him/her in any subsequent criminal proceeding refuses to testify
before a grand jury or other governmental agency or authority empowered directly or by designation to
compel the attendance of witnesses and to examine witnesses under oath concerning the award of or
performance under any transaction, agreement, lease, permit, contract, or license entered into with the
City, the State, or any political subdivision or public authority thereof, or the Port Authority of New
York and New Jersey, or any local development corporation within the City, or any public benefit
corporation organized under the Laws of the State of New York, or;

63.3 If any person refuses to testify for a reason other than the assertion of his/her privilege against
self incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency
or authority empowered directly or by designation to compel the attendance of witnesses and to take
testimony under oath, or by the Inspector General of the governmental agency that is a party in interest
in, and is seeking testimony concerning the award of, or performance under any transaction, agreement,
lease, permit, contract, or license entered into with the City, the State, or any political subdivision thereof
or any local development corporation within the City, then;

63.4 The Commissioner whose Agency is a party in interest to the transaction, submitted bid,
submitted proposal, contract, lease, permit, or license shall convene a hearing, upon not less than five (5)
Days’ written notice to the parties involved to determine if any penalties should attach for the failure of a
person to testify.

63.5 If any non-governmental party to the hearing requests an adjournment, the Commissioner who
convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit, or
license, pending the final determination pursuant to Article 63.7 without the City incurring any penalty
or damages for delay or otherwise.

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 63.6 The penalties which may attach after a final determination by the Commissioner may include
but shall not exceed:

63.6.1 The disqualification for a period not to exceed five (5) years from the date of an
adverse determination for any person, or any entity of which such person was a member at
the time the testimony was sought, from submitting bids for, or transacting business with, or
entering into or obtaining any contract, lease, permit or license with or from the City; and/or

63.6.2 The cancellation or termination of any and all such existing City contracts, leases,
permits or licenses that the refusal to testify concerns and that have not been assigned as
permitted under this Contract, nor the proceeds of which pledged, to an unaffiliated and
unrelated institutional lender for fair value prior to the issuance of the notice scheduling the
hearing, without the City incurring any penalty or damages on account of such cancellation
or termination; monies lawfully due for goods delivered, work done, rentals, or fees accrued
prior to the cancellation or termination shall be paid by the City.

63.7 The Commissioner shall consider and address in reaching his/her determination and in
assessing an appropriate penalty the factors in Articles 63.7.1 and 63.7.2. The Commissioner may also
consider, if relevant and appropriate, the criteria established in Articles 63.7.3 and 63.7.4, in addition to
any other information which may be relevant and appropriate:

63.7.1 The party’s good faith endeavors or lack thereof to cooperate fully and faithfully
with any governmental investigation or audit, including but not limited to the discipline,
discharge, or disassociation of any person failing to testify, the production of accurate and
complete books and records, and the forthcoming testimony of all other members, agents,
assignees or fiduciaries whose testimony is sought.

63.7.2 The relationship of the person who refused to testify to any entity that is a party to
the hearing, including but not limited to, whether the person whose testimony is sought has
an ownership interest in the entity and/or the degree of authority and responsibility the
person has within the entity.

63.7.3 The nexus of the testimony sought to the subject entity and its contracts, leases,
permits or licenses with the City.

63.7.4 The effect a penalty may have on an unaffiliated and unrelated party or entity that
has a significant interest in an entity subject to penalties under Article 63.6, provided that
the party or entity has given actual notice to the Commissioner upon the acquisition of the
interest, or at the hearing called for in Article 63.4, gives notice and proves that such
interest was previously acquired. Under either circumstance the party or entity shall present
evidence at the hearing demonstrating the potential adverse impact a penalty will have on
such person or entity.

63.8 Definitions:

63.8.1 The term “license” or “permit” as used in this Article 63 shall be defined as a
license, permit, franchise or concession not granted as a matter of right.

63.8.2 The term “person” as used in this Article 63 shall be defined as any natural person
doing business alone or associated with another person or entity as a partner, director,
officer, principal or employee.

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 63.8.3 The term “entity” as used in this Article 63 shall be defined as any firm, partnership,
corporation, association, joint venture, or person that receives monies, benefits, licenses,
leases, or permits from or through the City or otherwise transacts business with the City.

63.8.4 The term “member” as used in this Article 63 shall be defined as any person
associated with another person or entity as a partner, director, officer, principal or
employee.

63.9 In addition to and notwithstanding any other provision of this Contract, the Commissioner
may in his/her sole discretion terminate this Contract upon not less than three (3) Days’ written notice in
the event the Contractor fails to promptly report in writing to the Commissioner of the Department of
Investigations (“DOI”) of the City any solicitation of money, goods, requests for future employment or
other benefit or thing of value, by or on behalf of any employee of the City or other person, firm,
corporation or entity for any purpose which may be related to the procurement or obtaining of this
Contract by the Contractor, or affecting the performance of this Contract.

ARTICLE 64. TERMINATION BY THE CITY

64.1 In addition to termination pursuant to any other article of this Contract, the Commissioner
may, at any time, terminate this Contract by written notice to the Contractor. In the event of
termination, the Contractor shall, upon receipt of such notice, unless otherwise directed by the
Commissioner:

64.1.1 Stop Work on the date specified in the notice;

64.1.2 Take such action as may be necessary for the protection and preservation of the
City’s materials and property;

64.1.3 Cancel all cancelable orders for material and equipment;

64.1.4 Assign to the City and deliver to the Site or another location designated by the
Commissioner, any non-cancelable orders for material and equipment that is not capable of
use except in the performance of this Contract and has been specifically fabricated for the
sole purpose of this Contract and not incorporated in the Work;

64.1.5 Take no action which will increase the amounts payable by the City under this
Contract.

64.2 In the event of termination by the City pursuant to this Article 64, payment to the Contractor
shall be in accordance with Articles 64.2.1, 64.2.2 or 64.2.3, to the extent that each respective article
applies.

64.2.1 Lump Sum Contracts or Items: On all lump sum Contracts, or on lump sum items
in a Contract, the City will pay the Contractor the sum of the amounts described in
Articles 64.2.1(a) and 64.2.1(b), less all payments previously made pursuant to this
Contract. On lump sum Contracts only, the City will also pay the Contractor an
additional sum as provided in Article 64.2.1(c).

64.2.1(a) For Work completed prior to the notice of termination, the Contractor
shall be paid a pro rata portion of the lump sum bid amount, plus approved change
orders, based upon the percent completion of the Work, as determined by the

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 Commissioner. For the purpose of determining the pro rata portion of the lump sum
bid amount to which the Contractor is entitled, the bid breakdown submitted in
accordance with Article 41 shall be considered, but shall not be dispositive. The
Commissioner’s determination hereunder shall be final, binding, and conclusive.

64.2.1(b) For non-cancelable material and equipment that is not capable of use except
in the performance of this Contract and has been specifically fabricated for the sole
purpose of this Contract, but not yet incorporated in the Work, the Contractor shall
be paid the lesser of the following, less salvage value:

64.2.1(b)(i) The Direct Cost, as defined in Article 64.2.4; or

64.2.1(b)(ii) The fair and reasonable value, if less than Direct Cost, of
such material and equipment, plus necessary and reasonable delivery
costs.

64.2.1(b)(iii) In addition, the Contractor shall be paid five (5%) percent

of the amount described in Article 64.2.1(b)(i) or Article 64.2.1(b)(ii),
whichever applies.

64.2.1(c) Except as otherwise provided in Article 64.2.1(d), on all lump sum

Contracts, the Contractor shall be paid the percentage indicated below applied to
the difference between the total lump sum bid amount and the total of all payments
made prior to the notice of termination plus all payments allowed pursuant to Articles
64.2.1(a) and 64.2.1(b):

64.2.1(c)(i) Five (5%) percent of the first five million ($5,000,000)

dollars; and

64.2.1(c)(ii) Three (3%) percent of any amount between five million

($5,000,000) dollars and fifteen million ($15,000,000) dollars; plus

64.2.1(c)(iii) One (1%) percent of any amount over fifteen million

($15,000,000) dollars.

64.2.1(d) In the event the City terminates a lump sum Contract pursuant to this
Article 64 within ninety (90) Days after registration of the Contract with the
Comptroller, the Contractor shall be paid one (1%) percent of the difference
between the lump sum bid amount and the total of all payments made pursuant to this
Article 64.2.

64.2.2 Unit Price Contracts or Items: On all unit price Contracts, or on unit price items in
a Contract, the City will pay the Contractor the sum of the amounts described in Articles
64.2.2(a) and 64.2.2(b), less all payments previously made pursuant to this Contract:

64.2.2(a) For all completed units, the unit price stated in the Contract, and

64.2.2(b) For units that have been ordered but are only partially completed, the
Contractor will be paid:

64.2.2(b)(i) A pro rata portion of the unit price stated in the Contract
based upon the percent completion of the unit and

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 64.2.2(b)(ii) For non-cancelable material and equipment, payment will
be made pursuant to Article 64.2.1(b).

64.2.3 Time and Materials Contracts or Items Based on Time and Material Records: On all
Contracts or items in a Contract where payment for the Work is based on time and
material records, the Contractor shall be paid in accordance with Article 26, less all
payments previously made pursuant to this Contract.

64.2.4 Direct Costs: Direct Costs as used in this Article 64.2 shall mean:

64.2.4(a) The actual purchase price of material and equipment, plus necessary and
reasonable delivery costs,

64.2.4(b) The actual cost of labor involved in construction and installation at the
Site, and

64.2.4(c) The actual cost of necessary bonds and insurance purchased pursuant to
requirements of this Contract less any amounts that have been or should be refunded
by the Contractor’s sureties or insurance carriers.

64.2.4(d) Direct Costs shall not include overhead.

64.3 In no event shall any payments under this Article 64 exceed the Contract price for such items.

64.4 All payments pursuant to Article 64 shall be in the nature of liquidated damages and shall be
accepted by the Contractor in full satisfaction of all claims against the City.

64.5 The City may deduct or set off against any sums due and payable pursuant to this Article 64,
any deductions authorized by this Contract or by Law (including but not limited to liquidated damages)
and any claims it may have against the Contractor. The City’s exercise of the right to terminate the
Contract pursuant to this Article 64 shall not impair or otherwise effect the City’s right to assert any
claims it may have against the Contractor in a plenary action.

64.6 Where the Work covered by the Contract has been substantially completed, as determined in
writing by the Commissioner, termination of the Work shall be handled as an omission of Work
pursuant to Articles 29 and 33, in which case a change order will be issued to reflect an appropriate
reduction in the Contract sum, or if the amount is determined after final payment, such amount shall be
paid by the Contractor.

ARTICLE 65. CHOICE OF LAW, CONSENT TO JURISDICTION AND VENUE

65.1 This Contract shall be deemed to be executed in the City regardless of the domicile of the
Contractor, and shall be governed by and construed in accordance with the Laws of the State of New
York and the Laws of the United States, where applicable.

65.2 The parties agree that any and all claims asserted against the City arising under this Contract
or related thereto shall be heard and determined in the courts of the State of New York (“New York State
Courts”) located in the City and County of New York. To effect this Contract and intent, the
Contractor agrees:

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 65.2.1 If the City initiates any action against the Contractor in Federal court or in a New
York State Court, service of process may be made on the Contractor either in person,
wherever such Contractor may be found, or by registered mail addressed to the
Contractor at its address as set forth in this Contract, or to such other address as the
Contractor may provide to the City in writing; and

65.2.2 With respect to any action between the City and the Contractor in a New York
State Court, the Contractor hereby expressly waives and relinquishes any rights it might
otherwise have:

65.2.2(a) To move to dismiss on grounds of forum non conveniens;

65.2.2(b) To remove to Federal Court; and

65.2.2(c) To move for a change of venue to a New York State Court outside New
York County.

65.2.3 With respect to any action brought by the City against the Contractor in a Federal
Court located in the City, the Contractor expressly waives and relinquishes any right it
might otherwise have to move to transfer the action to a Federal Court outside the City.

65.2.4 If the Contractor commences any action against the City in a court located other
than in the City and County of New York, upon request of the City, the Contractor shall
either consent to a transfer of the action to a New York State Court of competent
jurisdiction located in the City and County of New York or, if the Court where the action is
initially brought will not or cannot transfer the action, the Contractor shall consent to
dismiss such action without prejudice and may thereafter reinstate the action in a New York
State Court of competent jurisdiction in New York County.

65.3 If any provision(s) of this Article 65 is held unenforceable for any reason, each and all other
provision(s) shall nevertheless remain in full force and effect.

ARTICLE 66. PARTICIPATION IN AN INTERNATIONAL BOYCOTT

66.1 The Contractor agrees that neither the Contractor nor any substantially owned affiliated
company is participating or shall participate in an international boycott in violation of the provisions of
the Federal Export Administration Act of 1979, as amended, or the regulations of the United States
Department of Commerce (Commerce Department) promulgated thereunder.

66.2 Upon the final determination by the Commerce Department or any other agency of the United
States as to, or conviction of the Contractor or a substantially-owned affiliated company thereof for
participation in an international boycott in violation of the provisions of the Export Administration Act of
1979, as amended, or the regulations promulgated thereunder, the Comptroller may, at his/her option,
render forfeit and void this Contract.

66.3 The Contractor shall comply in all respects, with the provisions of Section 6-114 of the
Administrative Code and the rules and regulations issued by the Comptroller thereunder.

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 ARTICLE 67. LOCALLY BASED ENTERPRISE PROGRAM

67.1 This Contract is subject to the requirements of Section 6-108.1 of the Administrative Code
and regulations promulgated thereunder. No construction contract shall be awarded unless and until
these requirements have been complied with in their entirety; however, compliance with this Article 67 is
not required if the Agency sets Subcontractor Participation Goals for Minority- and Women-Owned
Business Enterprises (M/WBEs).

67.2 Unless specifically waived by the Commissioner with the approval of the Division of
Economic and Financial Opportunity of the City Department of Business Services, if any portion of the
Contract is subcontracted, not less than ten (10%) percent of the total dollar amount of the Contract
shall be awarded to locally based enterprises (LBEs); except that where less than ten (10%) percent of
the total dollar amount of the Contract is subcontracted, such lesser percentage shall be so awarded.

67.3 The Contractor shall not require performance and payment bonds from LBE Subcontractors.

67.4 If the Contractor has indicated prior to award that no Work will be subcontracted, no Work
shall be subcontracted without the prior approval of the Commissioner, which shall be granted only if
the Contractor makes a good faith effort beginning at least six (6) weeks before the Work is to be
performed to obtain LBE Subcontractors to perform the Work.

67.5 If the Contractor has not identified sufficient LBE Subcontractors prior to award, it shall
sign a letter of compliance stating that it complies with Section 6-108.1 of the Administrative Code,
recognizes that achieving the LBE requirement is a condition of its Contract, and shall submit
documentation demonstrating its good faith efforts to obtain LBEs. After award, the Contractor shall
begin to solicit LBE’s to perform subcontracted Work at least six (6) weeks before the date such Work
is to be performed and shall demonstrate that a good faith effort has been made to obtain LBEs on each
subcontract until it meets the required percentage.

67.6 Failure of the Contractor to comply with the requirements of Section 6-108.1 of the
Administrative Code and the regulations promulgated thereunder shall constitute a material breach of this
Contract. Remedy for such breach may include the imposition of any or all of the following sanctions:

67.6.1 Reducing the Contractor’s compensation by an amount equal to the dollar value of
the percentage of the LBE subcontracting requirement not complied with;

67.6.2 Declaring the Contractor in default;

67.6.3 If the Contractor is an LBE, de-certifying and declaring the Contractor ineligible
to participate in the LBE program for a period of up to three (3) years.

ARTICLE 68. ANTITRUST

68.1 The Contractor hereby assigns, sells, and transfers to the City all right, title, and interest in
and to any claims and causes of action arising under the antitrust Laws of New York State or of the
United States relating to the particular goods or services purchased or procured by the City under this
Contract.

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 ARTICLE 69. MacBRIDE PRINCIPLES PROVISIONS

69.1 Notice To All Prospective Contractors:

69.1.1 Local Law No. 34 of 1991 became effective on September 10, 1991 and added
Section 6-115.1 of the Administrative Code. The local Law provides for certain restrictions
on City Contracts to express the opposition of the people of the City to employment
discrimination practices in Northern Ireland to promote freedom of work-place opportunity.

69.1.2 Pursuant to Section 6-115.1, prospective Contractors for Contracts to provide

goods or services involving an expenditure of an amount greater than ten thousand
($10,000.) dollars, or for construction involving an amount greater than fifteen thousand
($15,000.) dollars, are asked to sign a rider in which they covenant and represent, as a
material condition of their Contract, that any business operations in Northern Ireland
conducted by the Contractor and any individual or legal entity in which the Contractor
holds a ten (10%) percent or greater ownership interest in the Contractor will be conducted
in accordance with the MacBride Principles of nondiscrimination in employment.

69.1.3 Prospective Contractors are not required to agree to these conditions. However, in
the case of Contracts let by competitive sealed bidding, whenever the lowest responsible
bidder has not agreed to stipulate to the conditions set forth in this notice and another bidder
who has agreed to stipulate to such conditions has submitted a bid within five (5%) percent
of the lowest responsible bid for a Contract to supply goods, services or contraction of
comparable quality, the Agency shall refer such bids to the Mayor, the Speaker or other
officials, as appropriate, who may determine, in accordance with applicable Law, that it is
in the best interest of the City that the Contract be awarded to other than the lowest
responsible pursuant to Section 313(b)(2) of the City Charter.

69.1.4 In the case of Contracts let by other than competitive sealed bidding, if a
prospective Contractor does not agree to these conditions, no Agency, elected official or
the City Council shall award the Contract to that bidder unless the Agency seeking to use
the goods, services or construction certifies in writing that the Contract is necessary for the
Agency to perform its functions and there is no other responsible Contractor who will
supply goods, services or construction of comparable quality at a comparable price.

69.2 In accordance with Section 6-115.1 of the Administrative Code, the Contractor stipulates that
such Contractor and any individual or legal entity in which the Contractor holds a ten (10%) percent or
greater ownership interest in the Contractor either:

69.2.1 Have no business operations in Northern Ireland, or

69.2.2 Shall take lawful steps in good faith to conduct any business operations they have in
Northern Ireland in accordance with the MacBride Principles, and shall permit independent
monitoring of their compliance with such principles.

69.3 For purposes of this Article, the following terms shall have the following meanings:

69.3.1 “MacBride Principles” shall mean those principles relating to nondiscrimination in

employment and freedom of work-place opportunity which require employers doing
business in Northern Ireland to:

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 69.3.1(a) increase the representation of individuals from under-represented religious
groups in the workforce, including managerial, supervisory, administrative, clerical
and technical jobs;

69.3.1(b) take steps to promote adequate security for the protection of employees
from under-represented religious groups both at the work-place and while traveling to
and from Work;

69.3.1(c) ban provocative religious or political emblems from the workplace;

69.3.1(d) publicly advertise all job openings and make special recruitment efforts to
attract applicants from under-represented religious groups;

69.3.1(e) establish layoff, recall, and termination procedures which do not in practice
favor a particular religious group;

69.3.1(f) abolish all job reservations, apprenticeship restrictions and different

employment criteria which discriminate on the basis of religion;

69.3.1(g) develop training programs that will prepare substantial numbers of current
employees from under-represented religious groups for skilled jobs, including the
expansion of existing programs and the creation of new programs to train, upgrade,
and improve the skills of workers from under-represented religious groups;

69.3.1(h) establish procedures to asses, identify, and actively recruit employees from
under-represented religious groups with potential for further advancement; and

69.3.1(i) appoint a senior management staff member to oversee affirmative action

efforts and develop a timetable to ensure their full implementation.

69.4 The Contractor agrees that the covenants and representations in Article 69.2 are material
conditions to this Contract. In the event the Agency receives information that the Contractor who made
the stipulation required by this Article 69 is in violation thereof, the Agency shall review such
information and give the Contractor an opportunity to respond. If the Agency finds that a violation has
occurred, the Agency shall have the right to declare the Contractor in default in default and/or terminate
this Contract for cause and procure supplies, services or Work from another source in the manner the
Agency deems proper. In the event of such termination, the Contractor shall pay to the Agency, or the
Agency in its sole discretion may withhold from any amounts otherwise payable to the Contractor, the
difference between the Contract price for the uncompleted portion of this Contract and the cost to the
Agency of completing performance of this Contract either itself or by engaging another Contractor or
Contractors. In the case of a requirement Contract, the Contractor shall be liable for such difference
in price for the entire amount of supplies required by the Agency for the uncompleted term of
Contractor’s Contract. In the case of a construction Contract, the Agency shall also have the right to
hold the Contractor in partial or total default in accordance with the default provisions of this Contract,
and/or may seek debarment or suspension of the Contractor. The rights and remedies of the Agency
hereunder shall be in addition to, and not in lieu of, any rights and remedies the Agency has pursuant to
this Contract or by operation of Law.

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 ARTICLE 70. ELECTRONIC FILING/NYC DEVELOPMENT HUB

70.1 The Contractor shall electronically file all alteration type-2 and alteration type-3
applications via the New York City Development Hub Web site, except applications for the following
types of minor alterations: enlargements, curb cuts, legalizations, fire alarms, builders pavement plans,
and jobs filed on Landmark Preservation Commission calendared properties. All such filings must be
professionally certified. Information about electronic filing via the New York City Development Hub is
available on the City Department of Buildings Web site at www.nyc.gov/buildings.

ARTICLE 71. PROHIBITION OF TROPICAL HARDWOODS

71.1 Tropical hardwoods, as defined in Section 165 of the New York State Finance Law (Finance
Law), shall not be utilized in the performance of this Contract except as expressly permitted by Section
165 of the Finance Law.

ARTICLE 72. CONFLICTS OF INTEREST

72.1 Section 2604 of the City Charter and other related provisions of the City Charter, the
Administrative Code, and the Penal Law are applicable under the terms of this Contract in relation to
conflicts of interest and shall be extended to Subcontractors authorized to perform Work, labor and
services pursuant to this Contract and further, it shall be the duty and responsibility of the Contractor
to so inform its respective Subcontractors. Notice is hereby given that, under certain circumstances,
penalties may be invoked against the donor as well as the recipient of any form of valuable gift.

ARTICLE 73. MERGER CLAUSE

73.1 The written Contract herein, contains all the terms and conditions agreed upon by the parties
hereto, and no other agreement, oral or otherwise, regarding the subject matter of this Contract shall be
deemed to exist or to bind any of the parties hereto, or to vary any of the terms contained herein.

ARTICLE 74. STATEMENT OF WORK

74.1 The Contractor shall furnish all labor and materials and perform all Work in strict
accordance with the Specifications and Addenda thereto, numbered as shown in Schedule A.

ARTICLE 75. COMPENSATION TO BE PAID TO CONTRACTOR

75.1 The City will pay and the Contractor will accept in full consideration for the performance of
the Contract, subject to additions and deductions as provided herein, the total sum shown in Schedule A,
this said sum being the amount at which the Contract was awarded to the Contractor at a public letting
thereof, based upon the Contractor’s bid for the Contract.

ARTICLE 76. ELECTRONIC FUNDS TRANSFER

76.1 In accordance with Section 6-107.1 of the Administrative Code, the Contractor agrees to
accept payments under this Contract from the City by electronic funds transfer (EFT). An EFT is any

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transfer of funds, other than a transaction originated by check, draft or similar paper instrument, which is
initiated through an electronic terminal, telephonic instrument or computer or magnetic tape so as to
order, instruct or authorize a financial institution to debit or credit an account. Prior to the first payment
made under this Contract, the Contractor shall designate one financial institution or other authorized
payment agent and shall complete the attached “EFT Vendor Payment Enrollment Form” in order to
provide the Commissioner of the City Department of Finance with information necessary for the
Contractor to receive electronic funds transfer payments through a designated financial institution or
authorized payment agent. The crediting of the amount of a payment to the appropriate account on the
books of a financial institution or other authorized payment agent designated by the Contractor shall
constitute full satisfaction by the City for the amount of the payment under this Contract. The account
information supplied by the Contractor to facilitate the electronic funds transfer shall remain
confidential to the fullest extent provided by Law.

76.2 The Commissioner may waive the application of the requirements of this Article 76 to
payments on contracts entered into pursuant to Section 315 of the City Charter. In addition, the
Commissioner of the Department of Finance and the Comptroller may jointly issue standards pursuant to
which the Agency may waive the requirements of this Article 76 for payments in the following
circumstances: (i) for individuals or classes of individuals for whom compliance imposes a hardship; (ii)
for classifications or types of checks; or (iii) in other circumstances as may be necessary in the interest of
the City.

ARTICLE 77. RECORDS RETENTION

77.1 The Contractor agrees to retain all books, records, and other documents relevant to this
Contract for six years after the final payment or termination of this Contract, whichever is later. City,
state, and federal auditors and any other persons duly authorized by the City shall have full access to and
the right to examine any such books, records, and other documents during the retention period.

ARTICLE 78. EXAMINATION AND VIEWING OF SITE, CONSIDERATION OF OTHER

SOURCES OF INFORMATION AND CHANGED SITE CONDITIONS

78.1 Pre-Bidding (Investigation) Viewing of Site – Bidders must carefully view and examine the Site
of the proposed Work, as well as its adjacent area, and seek other usual sources of information, for they
will be conclusively presumed to have full knowledge of any and all conditions and hazards on, about
or above the Site relating to or affecting in any way the performance of the Work to be done under the
Contract that were or should have been known by a reasonably prudent bidder. To arrange a date for
visiting the Site, bidders are to contact the Agency contact person specified in the bid documents.

78.2 Should the Contractor encounter during the progress of the Work site conditions or
environmental hazards at the Site materially differing from any shown on the Contract Drawings or
indicated in the Specifications or such conditions or environmental hazards as could not reasonably
have been anticipated by the Contractor, which conditions or hazards will materially affect the cost
of the Work to be done under the Contract, the attention of the Commissioner must be called
immediately to such conditions or hazards before they are disturbed. The Commissioner shall thereupon
promptly investigate the conditions or hazards. If the Commissioner finds that they do so materially
differ, and that they could not have been reasonably anticipated by the Contractor, the Contract
may be modified with the Commissioner’s written approval.

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 ARTICLE 79. PARTICIPATION BY MINORITY-OWNED AND WOMEN-OWNED
BUSINESS ENTERPRISES IN CITY PROCUREMENT

NOTICE TO ALL PROSPECTIVE CONTRACTORS

ARTICLE I. M/WBE PROGRAM

Local Law No. 129 of 2005 added and Local Law 1 of 2013 amended Section 6-129 of the
Administrative Code of the City of New York (hereinafter “Section 6-129”). Section 6-129 establishes the
program for participation in City procurement (“M/WBE Program”) by minority- owned business
enterprises (“MBEs”) and women-owned business enterprises (“WBEs”), certified in accordance with
Section 1304 of the New York City Charter. As stated in Section 6-129, the intent of the program is to
address the impact of discrimination on the City’s procurement process, and to promote the public interest
in avoiding fraud and favoritism in the procurement process, increasing competition for City business, and
lowering contract costs. The contract provisions contained herein are pursuant to Section 6-129, and the
rules of the Department of Small Business Services (“DSBS”) promulgated thereunder.

If this Contract is subject to the M/WBE Program established by Section 6-129, the specific
requirements of MBE and/or WBE participation for this Contract are set forth in Schedule B of the
Contract (entitled the “M/WBE Utilization Plan”), and are detailed below. The Contractor must
comply with all applicable MBE and WBE requirements for this Contract.

All provisions of Section 6-129 are hereby incorporated in the Contract by reference and all terms
used herein that are not defined herein shall have the meanings given such terms in Section 6-129. Article
I, Part A, below, sets forth provisions related to the participation goals for construction, standard and
professional services contracts. Article I, Part B, below, sets forth miscellaneous provisions related to the
M/WBE Program.

PART A

PARTICIPATION GOALS FOR CONSTRUCTION, STANDARD

AND PROFESSIONAL SERVICES CONTRACTS OR TASK ORDERS

1. The MBE and/or WBE Participation Goals established for this Contract or Task Orders issued
pursuant to this Contract, (“Participation Goals”), as applicable, are set forth on Schedule B, Part I to this
Contract (see Page 1, line 1 Total Participation Goals) or will be set forth on Schedule B, Part I to Task
Orders issued pursuant to this Contract, as applicable.

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The Participation Goals represent a percentage of the total dollar value of the Contract or Task Order, as
applicable, that may be achieved by awarding subcontracts to firms certified with New York City
Department of Small Business Services as MBEs and/or WBEs, and/or by crediting the participation of
prime contractors and/or qualified joint ventures as provided in Section 3 below, unless the goals have
been waived or modified by Agency in accordance with Section 6-129 and Part A, Sections 10 and 11
below, respectively.

2. If Participation Goals have been established for this Contract or Task Orders issued pursuant to
this Contract, Contractor agrees or shall agree as a material term of the Contract that Contractor shall be
subject to the Participation Goals, unless the goals are waived or modified by Agency in accordance with
Section 6-129 and Part A, Sections 10 and 11 below, respectively.

3. If Participation Goals have been established for this Contract or Task Order issued pursuant to
this Contract, a Contractor that is an MBE and/or WBE shall be permitted to count its own participation
toward fulfillment of the relevant Participation Goal, provided that in accordance with Section 6-129 the
value of Contractor’s participation shall be determined by subtracting from the total value of the Contract
or Task Order, as applicable, any amounts that the Contractor pays to direct subcontractors (as defined in
Section 6-129(c)(13)), and provided further that a Contractor that is certified as both an MBE and a WBE
may count its own participation either toward the goal for MBEs or the goal for WBEs, but not both.

A Contractor that is a qualified joint venture (as defined in Section 6-129(c)(30)) shall be permitted to
count a percentage of its own participation toward fulfillment of the relevant Participation Goal. In
accordance with Section 6-129, the value of Contractor’s participation shall be determined by subtracting
from the total value of the Contract or Task Order, as applicable, any amounts that Contractor pays to direct
subcontractors, and then multiplying the remainder by the percentage to be applied to total profit to
determine the amount to which an MBE or WBE is entitled pursuant to the joint venture agreement,
provided that where a participant in a joint venture is certified as both an MBE and a WBE, such amount
shall be counted either toward the goal for MBEs or the goal for WBEs, but not both.

4. A. If Participation Goals have been established for this Contract, a prospective contractor shall be
required to submit with its bid or proposal, as applicable, a completed Schedule B, M/WBE Utilization
Plan, Part II (see Pages 2-4) indicating: (a) whether the contractor is an MBE or WBE, or qualified joint
venture; (b) the percentage of work it intends to award to direct subcontractors; and (c) in cases where the
contractor intends to award direct subcontracts, a description of the type and dollar value of work
designated for participation by MBEs and/or WBEs, and the time frames in which such work is scheduled
to begin and end. In the event that this M/WBE Utilization Plan indicates that the bidder or proposer, as
applicable, does not intend to meet the Participation Goals, the bid or proposal, as applicable, shall be
deemed non-responsive, unless Agency has granted the bidder or proposer, as applicable, a pre- award
waiver of the Participation Goals in accordance with Section 6-129 and Part A, Section 10 below.

B. (i) If this Contract is for a master services agreement or other requirements type contract that
will result in the issuance of Task Orders that will be individually registered (“Master Services
Agreement”) and is subject to M/WBE Participation Goals, a prospective contractor shall be required to
submit with its bid or proposal, as applicable, a completed Schedule B, M/WBE Participation Requirements
for Master Services Agreements That Will Require Individually Registered Task Orders, Part II (page 2)
indicating the prospective contractor’s certification and required affirmations to make all reasonable good
faith efforts to meet participation goals established on each individual Task Order issued pursuant to this
Contract, or if a partial waiver is obtained or such goals are modified by the Agency, to meet the modified
Participation Goals by soliciting and obtaining the participation of certified MBE and/or WBE firms. In
the event that the Schedule B indicates that the bidder or proposer, as applicable, does not intend to meet
the Participation Goals that may be established on Task Orders issued pursuant to this Contract, the bid or
proposal, as applicable, shall be deemed nonresponsive.

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 (ii) Participation Goals on a Master Services Agreement will be established for individual Task
Orders issued after the Master Services Agreement is awarded. If Participation Goals have been
established on a Task Order, a contractor shall be required to submit a Schedule B – M/WBE Utilization
Plan For Independently Registered Task Orders That Are Issued Pursuant to Master Services Agreements,
Part II (see Pages 2-4) indicating: (a) whether the contractor is an MBE or WBE, or qualified joint venture;
(b) the percentage of work it intends to award to direct subcontractors; and (c) in cases where the contractor
intends to award direct subcontracts, a description of the type and dollar value of work designated for
participation by MBEs and/or WBEs, and the time frames in which such work is scheduled to begin and
end. The contractor must engage in good faith efforts to meet the Participation Goals as established for
the Task Order unless Agency has granted the contractor a pre-award waiver of the Participation Goals in
accordance with Section 6-129 and Part A, Section 10 below.

C. THE BIDDER/PROPOSER MUST COMPLETE THE SCHEDULE B INCLUDED

HEREIN (SCHEDULE B, PART II). A SCHEDULE B SUBMITTED BY THE
BIDDER/PROPOSER WHICH DOES NOT INCLUDE THE VENDOR CERTIFICATION AND
REQUIRED AFFIRMATIONS (SEE SECTION V OF PART II) WILL BE DEEMED TO BE NON-
RESPONSIVE, UNLESS A FULL WAIVER OF THE PARTICIPATION GOALS IS GRANTED
(SCHEDULE B, PART III). IN THE EVENT THAT THE CITY DETERMINES THAT THE
BIDDER/PROPOSER HAS SUBMITTED A SCHEDULE B WHERE THE VENDOR
CERTIFICATION AND REQUIRED AFFIRMATIONS ARE COMPLETED BUT OTHER
ASPECTS OF THE SCHEDULE B ARE NOT COMPLETE, OR CONTAIN A COPY OR
COMPUTATION ERROR THAT IS AT ODDS WITH THE VENDOR CERTIFICATION AND
AFFIRMATIONS, THE BIDDER/PROPOSER WILL BE NOTIFIED BY THE AGENCY AND
WILL BE GIVEN FOUR (4) CALENDAR DAYS FROM RECEIPT OF NOTIFICATION TO
CURE THE SPECIFIED DEFICIENCIES AND RETURN A COMPLETED SCHEDULE B TO
THE AGENCY. FAILURE TO DO SO WILL RESULT IN A DETERMINATION THAT THE
BID/PROPOSAL IS NON-RESPONSIVE. RECEIPT OF NOTIFICATION IS DEFINED AS THE
DATE NOTICE IS E-MAILED OR FAXED (IF THE BIDDER/PROPOSER HAS PROVIDED AN
E-MAIL ADDRESS OR FAX NUMBER), OR NO LATER THAN FIVE (5) CALENDAR DAYS
FROM THE DATE OF MAILING OR UPON DELIVERY, IF DELIVERED.

5. Where an M/WBE Utilization Plan has been submitted, the Contractor shall, within 30 days of
issuance by Agency of a notice to proceed, submit a list of proposed persons or entities to which it intends
to award subcontracts within the subsequent 12 months. In the case of multiyear contracts, such list shall
also be submitted every year thereafter. The Agency may also require the Contractor to report periodically
about the contracts awarded by its direct subcontractors to indirect subcontractors (as defined in Section 6-
129(c)(22)). PLEASE NOTE: If this Contract is a public works project subject to GML §101(5) (i.e.,
a contract valued at or below $3M for projects in New York City) or if the Contract is subject to a
project labor agreement in accordance with Labor Law §222, and the bidder is required to identify
at the time of bid submission its intended subcontractors for the Wicks trades (plumbing and gas
fitting; steam heating, hot water heating, ventilating and air conditioning (HVAC); and electric
wiring), the Contractor must identify all those to which it intends to award construction subcontracts
for any portion of the Wicks trade work at the time of bid submission, regardless of what point in the
life of the contract such subcontracts will occur. In identifying intended subcontractors in the bid
submission, bidders may satisfy any Participation Goals established for this Contract by proposing
one or more subcontractors that are MBEs and/or WBEs for any portion of the Wicks trade work.
In the event that the Contractor’s selection of a subcontractor is disapproved, the Contractor shall have a
reasonable time to propose alternate subcontractors.

6. MBE and WBE firms must be certified by DSBS in order for the Contractor to credit such firms’
participation toward the attainment of the Participation Goals. Such certification must occur prior to the

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firms’ commencement of work. A list of MBE and WBE firms may be obtained from the DSBS website at
www.nyc.gov/buycertified, by emailing DSBS at [email protected], by calling (212) 513-6356, or by
visiting or writing DSBS at 110 William St., New York, New York, 10038, 7th floor. Eligible firms that
have not yet been certified may contact DSBS in order to seek certification by visiting
www.nyc.gov/getcertified, emailing [email protected], or calling the DSBS certification helpline at
(212) 513-6311. A firm that is certified as both an MBE and a WBE may be counted either toward the goal
for MBEs or the goal for WBEs, but not both. No credit shall be given for participation by a graduate MBE
or graduate WBE, as defined in Section 6-129(c)(20).

7. Where an M/WBE Utilization Plan has been submitted, the Contractor shall, with each voucher for
payment, and/or periodically as Agency may require, submit statements, certified under penalty of perjury,
which shall include, but not be limited to,: the total amount the Contractor paid to its direct subcontractors,
and, where applicable pursuant to Section 6-129(j), the total amount direct subcontractors paid to indirect
subcontractors; the names, addresses and contact numbers of each MBE or WBE hired as a subcontractor
by the Contractor, and, where applicable, hired by any of the Contractor’s direct subcontractors; and the
dates and amounts paid to each MBE or WBE. The Contractor shall also submit, along with its voucher for
final payment: the total amount it paid to subcontractors, and, where applicable pursuant to Section
6-129(j), the total amount its direct subcontractors paid directly to their indirect subcontractors; and a final
list, certified under penalty of perjury, which shall include the name, address and contact information of
each subcontractor that is an MBE or WBE, the work performed by, and the dates and amounts paid to
each.

8. If payments made to, or work performed by, MBEs or WBEs are less than the amount specified in
the Contractor’s M/WBE Utilization Plan, Agency shall take appropriate action, in accordance with
Section 6-129 and Article II below, unless the Contractor has obtained a modification of its M/WBE
Utilization Plan in accordance with Section 6-129 and Part A, Section 11 below.

9. Where an M/WBE Utilization Plan has been submitted, and the Contractor requests a change order
the value of which exceeds the greater of 10 percent of the Contract or Task Order, as applicable, or
$500,000, Agency shall review the scope of work for the Contract or Task Order, as applicable, and the
scale and types of work involved in the change order, and determine whether the Participation Goals
should be modified.

10. Pre-award waiver of the Participation Goals. (a) A bidder or proposer, or contractor with respect
to a Task Order, may seek a pre-award full or partial waiver of the Participation Goals in accordance with
Section 6-129, which requests that Agency change one or more Participation Goals on the grounds that
the Participation Goals are unreasonable in light of the availability of certified firms to perform the
services required, or by demonstrating that it has legitimate business reasons for proposing a lower level of
subcontracting in its M/WBE Utilization Plan.

(b) To apply for a full or partial waiver of the Participation Goals, a bidder, proposer, or
contractor, as applicable, must complete Part III (Page 5) of Schedule B and submit such request no later
than seven (7) calendar days prior to the date and time the bids, proposals, or Task Orders are due, in
writing to the Agency by email at [email protected] or via facsimile at (718) 391-1886. Bidders,
proposers, or contractors, as applicable, who have submitted requests will receive an Agency response by
no later than two (2) calendar days prior to the due date for bids, proposals, or Task Orders; provided,
however, that if that date would fall on a weekend or holiday, an Agency response will be provided by
close-of-business on the business day before such weekend or holiday date.

(c) If the Agency determines that the Participation Goals are unreasonable in light of the
availability of certified firms to perform the services required, it shall revise the solicitation and extend the
deadline for bids and proposals, or revise the Task Order, as applicable.

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 (d) Agency may grant a full or partial waiver of the Participation Goals to a bidder, proposer or
contractor, as applicable, who demonstrates—before submission of the bid, proposal or Task Order, as
applicable—that it has legitimate business reasons for proposing the level of subcontracting in its M/WBE
Utilization Plan. In making its determination, Agency shall consider factors that shall include, but not be
limited to, whether the bidder, proposer or contractor, as applicable, has the capacity and the bona fide
intention to perform the Contract without any subcontracting, or to perform the Contract without awarding
the amount of subcontracts represented by the Participation Goals. In making such determination,
Agency may consider whether the M/WBE Utilization Plan is consistent with past subcontracting practices
of the bidder, proposer or contractor, as applicable, whether the bidder, proposer or contractor, as
applicable, has made efforts to form a joint venture with a certified firm, and whether the bidder, proposer,
or contractor, as applicable, has made good faith efforts to identify other portions of the Contract that it
intends to subcontract.

11. Modification of M/WBE Utilization Plan. (a) A Contractor may request a modification of its
M/WBE Utilization Plan after award of this Contract. PLEASE NOTE: If this Contract is a public
works project subject to GML §101(5) (i.e., a contract valued at or below $3M for projects in New
York City) or if the Contract is subject to a project labor agreement in accordance with Labor Law
§222, and the bidder is required to identify at the time of bid submission its intended subcontractors
for the Wicks trades (plumbing and gas fitting; steam heating, hot water heating, ventilating and air
conditioning (HVAC); and electric wiring), the Contractor may request a Modification of its M/WBE
Utilization Plan as part of its bid submission. The Agency may grant a request for Modification of a
Contractor’s M/WBE Utilization Plan if it determines that the Contractor has established, with appropriate
documentary and other evidence, that it made reasonable, good faith efforts to meet the Participation
Goals. In making such determination, Agency shall consider evidence of the following efforts, as
applicable, along with any other relevant factors:

(i) The Contractor advertised opportunities to participate in the Contract, where appropriate, in general
circulation media, trade and professional association publications and small business media, and
publications of minority and women’s business organizations;
(ii) The Contractor provided notice of specific opportunities to participate in the Contract, in a timely
manner, to minority and women’s business organizations;
(iii) The Contractor sent written notices, by certified mail or facsimile, in a timely manner, to advise
MBEs or WBEs that their interest in the Contract was solicited;
(iv) The Contractor made efforts to identify portions of the work that could be substituted for portions
originally designated for participation by MBEs and/or WBEs in the M/WBE Utilization Plan, and
for which the Contractor claims an inability to retain MBEs or WBEs;
(v) The Contractor held meetings with MBEs and/or WBEs prior to the date their bids or proposals were
due, for the purpose of explaining in detail the scope and requirements of the work for which their
bids or proposals were solicited;
(vi) The Contractor made efforts to negotiate with MBEs and/or WBEs as relevant to perform specific
subcontracts, or act as suppliers or service providers;
(vii) Timely written requests for assistance made by the Contractor to Agency’s M/WBE liaison officer
and to DSBS;
(viii) Description of how recommendations made by DSBS and Agency were acted upon and an
explanation of why action upon such recommendations did not lead to the desired level of
participation of MBEs and/or WBEs.

Agency’s M/WBE officer shall provide written notice to the Contractor of the determination.

(b) The Agency may modify the Participation Goals when the scope of the work has been
changed by the Agency in a manner that affects the scale and types of work that the Contractor indicated in
its M/WBE Utilization Plan would be awarded to subcontractors.

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12. If this Contract is for an indefinite quantity of construction, standard or professional services or is a
requirements type contract and the Contractor has submitted an M/WBE Utilization Plan and has
committed to subcontract work to MBEs and/or WBEs in order to meet the Participation Goals, the
Contractor will not be deemed in violation of the M/WBE Program requirements for this Contract with
regard to any work which was intended to be subcontracted to an MBE and/or WBE to the extent that the
Agency has determined that such work is not needed.

13. If Participation Goals have been established for this Contract or a Task Order issued pursuant to
this Contract, at least once annually during the term of the Contract or Task Order, as applicable, Agency
shall review the Contractor’s progress toward attainment of its M/WBE Utilization Plan, including but not
limited to, by reviewing the percentage of work the Contractor has actually awarded to MBE and/or WBE
subcontractors and the payments the Contractor made to such subcontractors.

14. If Participation Goals have been established for this Contract or a Task Order issued pursuant to
this Contract, Agency shall evaluate and assess the Contractor’s performance in meeting those goals, and
such evaluation and assessment shall become part of the Contractor’s overall contract performance
evaluation.

PART B: MISCELLANEOUS

1. The Contractor shall take notice that, if this solicitation requires the establishment of an M/WBE
Utilization Plan, the resulting contract may be audited by DSBS to determine compliance with Section 6-
129. See §6-129(e)(10). Furthermore, such resulting contract may also be examined by the City’s
Comptroller to assess compliance with the M/WBE Utilization Plan.

2. Pursuant to DSBS rules, construction contracts that include a requirement for an M/WBE
Utilization Plan shall not be subject to the law governing Locally Based Enterprises set forth in Section 6-
108.1 of the Administrative Code of the City of New York.

3. DSBS is available to assist contractors and potential contractors in determining the availability of
MBEs and/or WBEs to participate as subcontractors, and in identifying opportunities that are appropriate
for participation by MBEs and/or WBEs in contracts.

4. Prospective contractors are encouraged to enter into qualified joint venture agreements with MBEs
and/or WBEs as defined by Section 6-129(c)(30).

5. By submitting a bid or proposal the Contractor hereby acknowledges its understanding of the
M/WBE Program requirements set forth herein and the pertinent provisions of Section 6-129, and any rules
promulgated thereunder, and if awarded this Contract, the Contractor hereby agrees to comply with the
M/WBE Program requirements of this Contract and pertinent provisions of Section 6-129, and any rules
promulgated thereunder, all of which shall be deemed to be material terms of this Contract. The Contractor
hereby agrees to make all reasonable, good faith efforts to solicit and obtain the participation of MBEs
and/or WBEs to meet the required Participation Goals.

ARTICLE II. ENFORCEMENT

1. If Agency determines that a bidder or proposer, as applicable, has, in relation to this procurement,
violated Section 6-129 or the DSBS rules promulgated pursuant to Section 6-129, Agency may disqualify
such bidder or proposer, as applicable, from competing for this Contract and the Agency may revoke such
bidder’s or proposer’s prequalification status, if applicable.

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2. Whenever Agency believes that the Contractor or a subcontractor is not in compliance with Section
6-129 or the DSBS rules promulgated pursuant to Section 6-129, or any provision of this Contract that
implements Section 6-129, including, but not limited to any M/WBE Utilization Plan, Agency shall send a
written notice to the Contractor describing the alleged noncompliance and offering the Contractor an
opportunity to be heard. Agency shall then conduct an investigation to determine whether such Contractor
or subcontractor is in compliance.

3. In the event that the Contractor has been found to have violated Section 6-129, the DSBS rules
promulgated pursuant to Section 6-129, or any provision of this Contract that implements Section 6-129,
including, but not limited to, any M/WBE Utilization Plan, Agency may determine that one of the
following actions should be taken:

(a) entering into an agreement with the Contractor allowing the Contractor to cure the violation;
(b) revoking the Contractor's pre-qualification to bid or make proposals for future contracts;
(c) making a finding that the Contractor is in default of the Contract;
(d) terminating the Contract;
(e) declaring the Contractor to be in breach of Contract;
(f) withholding payment or reimbursement;
(g) determining not to renew the Contract;
(h) assessing actual and consequential damages;
(i) assessing liquidated damages or reducing fees, provided that liquidated damages may be based on
amounts representing costs of delays in carrying out the purposes of the M/WBE Program, or in
meeting the purposes of the Contract, the costs of meeting utilization goals through additional
procurements, the administrative costs of investigation and enforcement, or other factors set forth in
the Contract;
(j) exercising rights under the Contract to procure goods, services or construction from another
contractor and charge the cost of such contract to the Contractor that has been found to be in
noncompliance; or
(k) taking any other appropriate remedy.

4. If an M/WBE Utilization Plan has been submitted, and pursuant to this Article II, Section 3, the
Contractor has been found to have failed to fulfill its Participation Goals contained in its M/WBE
Utilization Plan or the Participation Goals as modified by Agency pursuant to Article I, Part A, Section
11, Agency may assess liquidated damages in the amount of ten percent (10%) of the difference between
the dollar amount of work required to be awarded to MBE and/or WBE firms to meet the Participation
Goals and the dollar amount the Contractor actually awarded and paid, and/or credited, to MBE and/or
WBE firms. In view of the difficulty of accurately ascertaining the loss which the City will suffer by reason
of Contractor’s failure to meet the Participation Goals, the foregoing amount is hereby fixed and agreed as
the liquidated damages that the City will suffer by reason of such failure, and not as a penalty. Agency
may deduct and retain out of any monies which may become due under this Contract the amount of any
such liquidated damages; and in case the amount which may become due under this Contract shall be less
than the amount of liquidated damages suffered by the City, the Contractor shall be liable to pay the
difference.

5. Whenever Agency has reason to believe that an MBE and/or WBE is not qualified for certification,
or is participating in a contract in a manner that does not serve a commercially useful function (as defined
in Section 6-129(c)(8)), or has violated any provision of Section 6- 129, Agency shall notify the
Commissioner of DSBS who shall determine whether the certification of such business enterprise should be
revoked.

CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT

DDC 93 March 2017
6. Statements made in any instrument submitted to Agency pursuant to Section 6-129 shall be
submitted under penalty of perjury and any false or misleading statement or omission shall be grounds for
the application of any applicable criminal and/or civil penalties for perjury. The making of a false or
fraudulent statement by an MBE and/or WBE in any instrument submitted pursuant to Section 6-129 shall,
in addition, be grounds for revocation of its certification.

7. The Contractor's record in implementing its M/WBE Utilization Plan shall be a factor in the
evaluation of its performance. Whenever Agency determines that a Contractor's compliance with an
M/WBE Utilization Plan has been unsatisfactory, Agency shall, after consultation with the City Chief
Procurement Officer, file an advice of caution form for inclusion in VENDEX as caution data.

CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT

DDC 94 March 2017
 IN WITNESS WHEREOF, the Commissioner, on behalf of the City of New York, and the
Contractor, have executed this agreement in quadruplicate, two parts of which are to remain with the
Commissioner, another to be filed with the Comptroller of the City, and the fourth to be delivered to the
Contractor.

THE CITY OF NEW YORK

By:
Commissioner

CONTRACTOR:

By:
(Member of Firm or Officer of Corporation)

Title:

(Where Contractor is a Corporation, add):

Attest:

Secretary

(Seal)

CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT

DDC 95 March 2017
 ACKNOWLEDGEMENT OF PRINCIPAL, IF A CORPORATION

State of County of ss:

On this day of , , before me personally came

to me known who, being by me duly sworn did depose and say that he resides at
that he is the
of the corporation described in and which executed the foregoing instrument; that he knows the seal of said
corporation; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of
the directors of said corporation, and that he signed his name thereto by like order.

Notary Public or Commissioner of Deeds

ACKNOWLEDGEMENT OF PRINCIPAL, IF A PARTNERSHIP

State of County of ss:

On this day of , , before me personally appeared

to me known, and known to me to be one of the members of the firm of
described in and who executed the foregoing instrument; and he
acknowledged to me that he executed the same as and for the act and deed of said firm.

Notary Public or Commissioner of Deeds

ACKNOWLEDGEMENT OF PRINCIPAL, IF AN INDIVIDUAL

State of County of ss:

On this day of , , before me personally appeared

to me known, and known to me to be the person described in and who executed the foregoing instrument;
and acknowledged that he executed the same.

Notary Public or Commissioner of Deeds

CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT

DDC 96 March 2017
 ACKNOWLEDGEMENT BY COMMISSIONER

State of County of ss:

On this day of , , before me personally came

to me known, and known to be the Deputy Commissioner of the Department of Design and Construction of
The City of New York, the person described as such in and who as such executed the foregoing instrument
and acknowledged to me that he executed the same as Deputy Commissioner for the purposes therein
mentioned.

Notary Public or Commissioner of Deeds

CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT

DDC 97 March 2017
 AUTHORITY

MAYOR’S CERTIFICATE NO. CBX DATED

BUDGET DIRECTOR’S CERTIFICATE NO. DATED

APPROPRIATION
COMMISSIONER’S CERTIFICATE

In conformity with the provisions of Section 6-101 of the Administrative Code of the City of New
York, it is hereby certified that the estimated cost of the work, materials and supplies required by the within
Contract, amounting to

Dollars ($ )

is chargeable to the fund of the Department of Design and Construction entitled Code

Department of Design and Construction

I hereby certify that the specifications contained herein comply with the terms and conditions of the
BUDGET.

Commissioner

COMPTROLLER’S CERTIFICATE

The City of New York

Pursuant to the provisions of Section 6-101 of the Administrative Code of the City of New York, I
hereby certify that there remains unapplied and unexpended a balance of the above mentioned fund
applicable to this Contract sufficient to pay the estimated expense of executing the same viz:

Comptroller

CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT

DDC 98 March 2017
 MAYOR’S CERTIFICATE OR
CERTIFICATE OF THE DIRECTOR
OF THE BUDGET

CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT

DDC 99 March 2017
Performance Bond #1 (Pages 100 to 103): Use if the total contract price is $5 Million Or Less.
Performance Bond #1 has been approved by the U.S. Small Business Administration (“SBA”)
for participation in its Bond Guarantee Program.

PERFORMANCE BOND #1 (Page 1)

PERFORMANCE BOND #1

KNOW ALL PERSONS BY THESE PRESENTS:,

That we,

hereinafter referred to as the “Principal,”

and,

hereinafter referred to as the “Surety” (“Sureties”) are held and firmly bound to THE CITY OF NEW
YORK, hereinafter referred to as the “City” or to its successors and assigns in the penal sum
of

($ ) Dollars, lawful money of the United States for the payment of which
said sum of money well and truly to be made, we, and each of us, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal is about to enter, or has entered, into a Contract in writing with the City for

a copy of which Contract is annexed to and hereby made a part of this bond as though herein set forth in
full;
NOW, THEREFORE, the conditions of this obligation are such that if the Principal, his or its
representatives or assigns, shall well and faithfully perform the said Contract and all modifications,
amendments, additions and alterations thereto that may hereafter be made, according to its terms and its
true intent and meaning, including repair and or replacement of defective work and guarantees of
maintenance for the periods stated in the Contract, and shall fully indemnify and save harmless the City
from all cost and damage which it may suffer by reason of the Principal’s default of the Contract, and shall
fully reimburse and repay the City for all outlay and expense which the City may incur in making

CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT

DDC 100 March 2017
Performance Bond #1 (Pages 100 to 103): Use if the total contract price is $5 Million Or Less.
Performance Bond #1 has been approved by the U.S. Small Business Administration (“SBA”)
for participation in its Bond Guarantee Program.
PERFORMANCE BOND #1 (Page 2)

good any such default and shall protect the said City of New York against, and pay any and all amounts,
damages, cost and judgments which may or shall be recovered against said City or its officers or agents or
which the said City of New York may be called upon to pay any person or corporation by reason of any
damages arising or growing out of the Principal’s default of the Contract, then this obligation shall be null
and void, otherwise to remain in full force and effect.

The Surety (Sureties), for value received, hereby stipulates and agrees, upon written notice from the City
that the City has determined that the Principal is in default of the Contract, to (1) pay the City the cost to
complete the contract as determined by the City in excess of the balance of the Contract held by the City,
plus any damages or costs to which the City is entitled, up to the full amount of the above penal sum, (2)
fully perform and complete the Work to be performed under the Contract, pursuant to the terms,
conditions, and covenants thereof, or (3) tender a completion Contractor that is acceptable to the City.
The Surety (Sureties) further agrees, at its option, either to notify the City that it elects to pay the city the
cost of completion plus any applicable damages and costs under option (1) above, or to commence and
diligently perform the Work specified in the Contract, including physical site work, within twenty-five
(25) business days after written notice thereof from the City and, if the Surety elects to fully perform and
complete the Work, then to complete all Work within the time set forth in the Contract or such other time
as agreed to between the City and Surety in accordance with the Contract. If the Surety elects to tender
payment pursuant to (1) above, then the Surety shall tender such amount within fifteen (15) business days
notification from the City of the cost of completion. The Surety and the City reserve all rights and
defenses each may have against the other; provided, however, that the Surety expressly agrees that its
reservation of rights shall not provide a basis for non-performance of its obligation to pay the City the cost
of completion, to commence and complete all Work as provided herein, or to tender a completion
contractor.

The Surety (Sureties), for value received, for itself and its successors and assigns, hereby stipulates and
agrees that the obligation of said Surety (Sureties) and its bond shall be in no way impaired or affected by
any extension of time, modification, omission, addition, or change in or to the said Contract or the Work
to be performed thereunder, or by any payment thereunder before the time required therein, or by any
waiver of any provisions thereof, or any moneys due or to become due thereunder; and said Surety
(Sureties) does hereby waive notice of any and all of such extensions, modifications, omissions, additions,
changes, payments, and waivers, and hereby expressly stipulates and agrees that any and all things done
and omitted to be done by and in relation to subcontractors shall have the same effect as to said Surety
(Sureties) as though done or omitted to be done by or in relation to said Principal. Notwithstanding the
above, if the City makes payments to the Principal before the time required by the contract that in the
aggregate exceed $100,000 or 10% of the Contract price, whichever is less, and that have not become
earned prior to the Principal being found to be in default, then all payments made to the Principal before
the time required by the Contract shall be added to the remaining contract value available to be paid for
the completion of the Contract as if such sums had not been paid to the Principal, but shall not provide a
basis for non-performance of its obligation to pay the City the cost of completion, to commence and to
complete all Work as provided herein, or to tender a completion contractor.

CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT

DDC 101 March 2017
Performance Bond #1 (Pages 100 to 103): Use if the total contract price is $5 Million Or Less.
Performance Bond #1 has been approved by the U.S. Small Business Administration (“SBA”)
for participation in its Bond Guarantee Program.
PERFORMANCE BOND #1 (Page 3)

IN WITNESS WHEREOF, The Principal and the Surety (Sureties) have hereunto set their hands and
seals, and such of them as are corporations have caused their corporate seals to be hereunto affixed and
these presents to be signed by their proper officers, this

day of , 20 .
(Seal)

(L.S.)
Principal

By: .
(Seal)
Surety

By: .
.
(Seal) Surety

By: .
.
(Seal) Surety

By: .
.
(Seal) Surety

By: .
.
(Seal) Surety

By: .

Bond Premium Rate .

Bond Premium Cost .

If the Contractor (Principal) is a partnership, the bond should be signed by each of the individuals who are
partners.

If the Contractor (Principal) is a corporation, the bond should be signed in its correct corporate name by a
duly authorized officer, agent, or attorney-in-fact.

There should be executed an appropriate number of counterparts of the bond corresponding to the number
of counterparts of the Contract.

CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT

DDC 102 March 2017
Performance Bond #1 (Pages 100 to 103): Use if the total contract price is $5 Million Or Less.
Performance Bond #1 has been approved by the U.S. Small Business Administration (“SBA”)
for participation in its Bond Guarantee Program.m.
PERFORMANCE BOND #1 (Page 4)
ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION

State of County of ss:

On this day of , 20 before me personally

came ,
to me known, who, being by me duly sworn did depose and say that he/she resides
at
; that he/she is the
of the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name to
the foregoing instrument by order of the directors of said corporation as the duly authorized and binding act thereof.

Notary Public or Commissioner of Deeds.

ACKNOWLEDGMENT OF PRINCIPAL IF A PARTNERSHIP

State of County of ss:

On this day of , 20 before me personally

came ,
to me known, who, being by me duly sworn did dispose and say that he/she resides
at
; that he/she is partner of
, a limited/general partnership existing under the laws of the State of
, the partnership described in and which executed the foregoing instrument;
and that he/she signed his/her name to the foregoing instrument as the duly authorized and binding act of
said partnership.

Notary Public or Commissioner of Deeds.

ACKNOWLEDGMENT OF PRINCIPAL IF AN INDIVIDUAL

State of County of ss:

On this day of , 20 before me personally

came ,
to me known, who,.being by me duly sworn did depose and say that he/she resides
at
, and that he/she is the individual whose name is
subscribed to the within instrument and acknowledged to me that by his/her signature on the
instrument, said individual executed the instrument.

Notary Public or Commissioner of Deeds

Each executed bond should be accompanied by: (a) appropriate acknowledgments of the respective parties; (b) appropriate
duly certified copy of Power of Attorney or other certificate of authority where bond is executed by agent, officer or other
representative of Principal or Surety; (c) a duly certified extract from By-Laws or resolutions of Surety under which Power
of Attorney or other certificate of authority of its agent, officer or representative was issued, and (d) certified copy of latest
published financial statement of assets and liabilities of Surety.
********
Affix Acknowledgments and Justification of Sureties.
CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT
DDC 103 March 2017
Performance Bond #2 (Pages 104 to 107): Use if the total contract price is more than $5 Million.

PERFORMANCE BOND #2 (Page 1)

PERFORMANCE BOND #2

KNOW ALL PERSONS BY THESE PRESENTS:,

That we,

hereinafter referred to as the “Principal,”

and,

hereinafter referred to as the “Surety” (“Sureties”) are held and firmly bound to THE CITY OF NEW
YORK, hereinafter referred to as the “City” or to its successors and assigns in the penal sum
of

($ ) Dollars, lawful money of the United States for the payment of

which said sum of money well and truly to be made, we, and each of us, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal is about to enter, or has entered, into a Contract in writing with the City for

a copy of which Contract is annexed to and hereby made a part of this bond as though herein set forth in
full;

NOW, THEREFORE, the conditions of this obligation are such that if the Principal, his or its
representatives or assigns, shall well and faithfully perform the said Contract and all modifications,
amendments, additions and alterations thereto that may hereafter be made, according to its terms and its
true intent and meaning, including repair and or replacement of defective work and guarantees of
maintenance for the periods stated in the Contract, and shall fully indemnify and save harmless the City
from all cost and damage which it may suffer by reason of the Principal’s default of the Contract, and
shall fully reimburse and repay the City for all outlay and expense which the City may incur in making

CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT

DDC 104 March 2017
Performance Bond #2 (Pages 104 to 107): Use if the total contract price is more than $5 Million.

PERFORMANCE BOND #2 (Page 2)

good any such default and shall protect the said City of New York against, and pay any and all amounts,
damages, cost and judgments which may or shall be recovered against said City or its officers or agents or
which the said City of New York may be called upon to pay any person or corporation by reason of any
damages arising or growing out of the Principal’s default of the Contract, then this obligation shall be null
and void, otherwise to remain in full force and effect.

The Surety (Sureties), for value received, hereby stipulates and agrees, upon written notice from the City
that the City has determined that the Principal is in default of the Contract, to either (1) pay the full
amount of the above penal sum in complete discharge and exoneration of this bond and of all the liabilities
of the Surety relating to this bond, or (2) fully perform and complete the Work to be performed under the
Contract, pursuant to the terms, conditions, and covenants thereof. The Surety (Sureties) further agrees, at
its option, either to tender the penal sum or to commence and diligently perform the Work specified in the
Contract, including physical site work, within twenty-five (25) business days after written notice thereof
from the City and to complete all Work within the time set forth in the Contract or such other time as
agreed to between the City and Surety in accordance with the Contract. The Surety and the City reserve
all rights and defenses each may have against the other; provided, however, that the Surety expressly
agrees that its reservation of rights shall not provide a basis for non-performance of its obligation to
commence and to complete all Work as provided herein.

The Surety (Sureties), for value received, for itself and its successors and assigns, hereby stipulates and
agrees that the obligation of said Surety (Sureties) and its bond shall be in no way impaired or affected by
any extension of time, modification, omission, addition, or change in or to the said Contract or the Work
to be performed thereunder, or by any payment thereunder before the time required therein, or by any
waiver of any provisions thereof, or by any assignment, subletting or other transfer thereof or of any Work
to be performed or any moneys due or to become due thereunder; and said Surety (Sureties) does hereby
waive notice of any and all of such extensions, modifications, omissions, additions, changes, payments,
waivers, assignments, subcontracts and transfers, and hereby expressly stipulates and agrees that any and
all things done and omitted to be done by and in relation to assignees, subcontractors, and other
transferees shall have the same effect as to said Surety (Sureties) as though done or omitted to be done by
or in relation to said Principal.

CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT

DDC 105 March 2017
Performance Bond #2 (Pages 104 to 107): Use if the total contract price is more than $5 Million.

PERFORMANCE BOND #2 (Page 3)

IN WITNESS WHEREOF, The Principal and the Surety (Sureties) have hereunto set their hands and seals,
and such of them as are corporations have caused their corporate seals to be hereunto affixed and these presents
to be signed by their proper officers, this

day of 20 .
(Seal)
(L.S.)
Principal

By: .
(Seal)
Surety

By: .
.
(Seal) Surety

By: .
.
(Seal) Surety

By: .
.
(Seal) Surety

By: .
.
(Seal) Surety

By: .

Bond Premium Rate .

Bond Premium Cost .

If the Contractor (Principal) is a partnership, the bond should be signed by each of the individuals who are
partners.

If the Contractor (Principal) is a corporation, the bond should be signed in its correct corporate name by a
duly authorized officer, agent, or attorney-in-fact.

There should be executed an appropriate number of counterparts of the bond corresponding to the number
of counterparts of the Contract.

CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT

DDC 106 March 2017
Performance Bond #2 (Pages 104 to 107): Use if the total contract price is more than $5 Million.
PERFORMANCE BOND #2 (Page 4)
ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION
State of County of ss:

On this day of , 20 before me personally

came ,
to me known, who, being by me duly sworn did depose and say that he resides
at
; that he/she is the
of the corporation described in and which executed the foregoing instrument; that he/she signed his/her name to the
foregoing instrument by order of the directors of said corporation as the duly authorized and binding act thereof.

Notary Public or Commissioner of Deeds.

ACKNOWLEDGMENT OF PRINCIPAL IF A PARTNERSHIP

State of County of ss:

On this day of , 20 before me personally

came ,
to me known, who, being by me duly sworn did depose and say that he/she resides
at

; that he/she is partner of

, a limited/general partnership existing under the laws of the State of
, the partnership described in and which executed the foregoing instrument;
and that he/she signed his/her name to the foregoing instrument as the duly authorized and binding act of
said partnership.

Notary Public or Commissioner of Deeds

ACKNOWLEDGMENT OF PRINCIPAL IF AN INDIVIDUAL

State of County of ss:

On this day of , 20 before me personally

came ,
to me known, who, being by me duly sworn did depose and say that he/she resides
at
, and that he/she is the individual whose name is
subscribed to the within instrument and acknowledged to me that by his/her signature on the
instrument, said individual executed the instrument.

Notary Public or Commissioner of Deeds

Each executed bond should be accompanied by: (a) appropriate acknowledgments of the respective parties; (b) appropriate
duly certified copy of Power of Attorney or other certificate of authority where bond is executed by agent, officer or other
representative of Principal or Surety; (c) a duly certified extract from By-Laws or resolutions of Surety under which Power
of Attorney or other certificate of authority of its agent, officer or representative was issued, and (d) certified copy of latest
published financial statement of assets and liabilities of Surety.
********
Affix Acknowledgments and Justification of Sureties.
CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT
DDC 107 March 2017
Payment Bond (Pages 108 to 111): Use for any contract for which a Payment Bond is required.

PAYMENT BOND (Page 1)

PAYMENT BOND

KNOW ALL PERSONS BY THESE PRESENTS, That we,

hereinafter referred to as the “Principal”, and

hereinafter referred to as the “Surety” (“Sureties”) are held and firmly bound to THE CITY OF NEW YORK,
hereinafter referred to as the “City” or to its successors and assigns, in the penal sum of

($ ) Dollars, lawful money of the United States, for the payment of which said sum of money well
and truly to be made, we, and each of us, bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal is about to enter, or has entered, into a Contract in writing with the City for

a copy of which Contract is annexed to and hereby made a part of this bond as though herein set forth in full;

NOW, THEREFORE, the conditions of this obligation are such that if the Principal, his or its
representatives or assigns and other Subcontractors to whom Work under this Contract is sublet and his or their
successors and assigns shall promptly pay or cause to be paid all lawful claims for

(a) Wages and compensation for labor performed and services rendered by all persons engaged in
the prosecution of the Work under said Contract, and any amendment or extension thereof or addition thereto,
whether such persons be agents servants or employees of the Principal or any such Subcontractor, including all
persons so engaged who perform the work of laborers or mechanics at or in the vicinity of the site

CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT

DDC 108 March 2017
Payment Bond (Pages 108 to 111): Use for any contract for which a Payment Bond is required.

PAYMENT BOND (Page 2)

of the Project regardless of any contractual relationship between the Principal or such Subcontractors, or his or
their successors or assigns, on the one hand and such laborers or mechanics on the other, but not including office
employees not regularly stationed at the site of the project; and

(b) Materials and supplies (whether incorporated in the permanent structure or not), as well as
teams, fuels, oils, implements or machinery furnished, used or consumed by said Principal or any subcontractor
at or in the vicinity of the site of the Project in the prosecution of the Work under said Contract and any
amendment or extension thereof or addition thereto; then this obligation shall be void, otherwise to remain in
full force and effect.

This bond is subject to the following additional conditions, limitations and agreements:

(a) The Principal and Surety (Sureties) agree that this bond shall be for the benefit of any
materialmen or laborer having a just claim, as well as the City itself.

(b) All persons who have performed labor, rendered services or furnished materials and supplies,
as aforesaid, shall have a direct right of action against the Principal and his, its or their successors and assigns,
and the Surety (Sureties) herein, or against either or both or any of them and their successors and assigns. Such
persons may sue in their own name, and may prosecute the suit to judgment and execution without the necessity
of joining with any other persons as party plaintiff.

(c) The Principal and Surety (Sureties) agree that neither of them will hold the City liable for any
judgment for costs of otherwise, obtained by either or both of them against a laborer or materialman in a suit
brought by either a laborer or materialman under this bond for moneys allegedly due for performing work or
furnishing material.

(d) The Surety (Sureties) or its successors and assigns shall not be liable for any compensation
recoverable by an employee or laborer under the Workmen’s Compensation Law.

(e) In no event shall the Surety (Sureties), or its successors or assigns, be liable for a greater sum
than the penalty of this bond or be subject to any suit, action or proceeding hereon that is instituted by any
person, firm, or corporation hereunder later than two years after the complete performance of said Contract and
final settlement thereof.

The Principal, for himself and his successors and assigns, and the Surety (Sureties), for itself
and its successors and assigns, do hereby expressly waive any objection that might be interposed as to the right
of the City to require a bond containing the foregoing provisions, and they do hereby further expressly waive
any defense which they or either of them might interpose to an action brought hereon by any person, firm or
corporation, including subcontractors, materialmen and third persons, for work, labor, services, supplies or
material performed rendered, or furnished as aforesaid upon the ground that there is no law authorizing the City
to require the foregoing provisions to be place in this bond.

And the Surety (Sureties), for value received, for itself and its successors and assigns, hereby
stipulates and agrees that the obligation of said Surety (Sureties), and its bonds shall be in no way impaired or
affected by any extension of time, modification, omission, addition, or change in or of the said Contract or the
work to be performed thereunder, or by any payment thereunder before the time required therein, or by any
waiver of any provisions thereof, or by any assignment, subletting or other transfer thereof or of any part thereof,
or of any Work to be performed, or any moneys due to become due thereunder and said Surety (Sureties) does
hereby waive notice of any and all of such extensions, modifications, omissions, additions, changes, payments,
waivers, assignments, subcontracts and transfers, and hereby expressly stipulates and agrees that any and all
things done and omitted to be done by and in relation to assignees, Subcontractors, and other transferees shall
have the same effect as to said Surety (Sureties) as though done or omitted to be done or in relation to said
Principal.
CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT
DDC 109 March 2017
Payment Bond (Pages 108 to 111): Use for any contract for which a Payment Bond is required.

PAYMENT BOND (Page 3)

IN WITNESS WHEREOF, the Principal and the Surety (Sureties) have hereunto set their hands
and seals, and such of them as are corporations have caused their corporate seals to be hereunto affixed and
these presents to be signed by their proper officers, this day of , .

(Seal) (L.S.)
Principal

By:

(Seal)
Surety

By:

(Seal)
Surety

By:

(Seal)
Surety

By:

(Seal)
Surety

By:

If the Contractor (Principal) is a partnership, the bond should be signed by each of the individuals who are
partners.

If the Contractor (Principal) is a corporation, the bond should be signed in its correct corporate name by a
duly authorized officer, agent, or attorney-in-fact.

There should be executed an appropriate number of counterparts of the bond corresponding to the number
of counterparts of the Contract.

CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT

DDC 110 March 2017
Payment Bond (Pages 108 to 111): Use for any contract for which a Payment Bond is required.

PAYMENT BOND (Page 4)

ACKNOWLEDGMENT OF PRINCIPAL, IF A CORPORATION

State of County of ss:

On this day of , , before me personally came

to me known, who, being by me duly sworn did depose and say that he resides at
that he is the of
the corporation described in and which executed the foregoing instrument; that he knows the seal of said
corporation; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of
the directors of said corporation, and that he signed his name thereto by like order.

Notary Public or Commissioner of Deeds

ACKNOWLEDGMENT OF PRINCIPAL, IF A PARTNERSHIP

State of County of ss:

On this day of , , before me personally appeared

to me known, and known to me to be one of the members of the firm of
described in and who executed the foregoing instrument; and he
acknowledged to me that he executed the same as and for the act and deed of said firm.

Notary Public or Commissioner of Deeds

ACKNOWLEDGMENT OF PRINCIPAL, IF AN INDIVIDUAL

State of County of ss:

On this day of , , before me personally appeared

to me known, and known to me to be the person described in and who executed the foregoing instrument;
and acknowledged that he executed the same.

Notary Public or Commissioner of Deeds

Each executed bond should be accompanied by: (a) appropriate acknowledgments of the respective
parties; (b) appropriate duly certified copy of Power of Attorney or other certificate of authority where bond
is executed by agent, officer or other representative of Principal or Surety; (c) a duly certified extract from
By-Laws or resolutions of Surety under which Power of Attorney or other certificate of authority of its
agent, officer or representative was issued, and (d) certified copy of latest published financial statement of
assets and liabilities of Surety.
********
Affix Acknowledgments and Justification of Sureties.

CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT

DDC 111 March 2017
(NO TEXT ON THIS PAGE)
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

OFFICE OF THE COMPTROLLER

CITY OF NEW YORK

CONSTRUCTION APPRENTICE
PREVAILING WAGE SCHEDULE

Pursuant to Labor Law § 220 (3-e), only apprentices who are individually
registered in a bona fide program to which the employer contractor is a participant
and registered with the New York State Department of Labor, may be paid at the
apprentice rates in this schedule. Apprentices who are not so registered must be
paid as journey persons in accordance with the trade classification of the work
they actually performed.

Apprentice ratios are established to ensure the proper safety, training and
supervision of apprentices. A ratio establishes the number of journey workers
required for each apprentice in a program and on a job site. Ratios are interpreted
as follows: in the case of a 1:1, 1:4 ratio, there must be one journey worker for the
first apprentice, and four additional journey workers for each subsequent
apprentice.

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 1 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

TABLE OF CONTENTS
CLASSIFICATION PAGE
BOILERMAKER .................................................................................................................................................. 3
BRICKLAYER ..................................................................................................................................................... 4
CARPENTER ...................................................................................................................................................... 5
CARPENTER - HIGH RISE CONCRETE FORMS.............................................................................................. 5
CEMENT MASON ............................................................................................................................................... 6
CEMENT AND CONCRETE WORKER .............................................................................................................. 7
DERRICKPERSON & RIGGER (STONE) .......................................................................................................... 7
DOCKBUILDER/PILE DRIVER .......................................................................................................................... 8
ELECTRICIAN .................................................................................................................................................... 9
ELEVATOR CONSTRUCTOR .......................................................................................................................... 10
ELEVATOR REPAIR & MAINTENANCE ......................................................................................................... 11
ENGINEER ........................................................................................................................................................ 12
ENGINEER - OPERATING ............................................................................................................................... 13
FLOOR COVERER ........................................................................................................................................... 14
GLAZIER ........................................................................................................................................................... 14
HAZARDOUS MATERIAL HANDLER ............................................................................................................. 15
HEAT & FROST INSULATOR .......................................................................................................................... 16
HOUSE WRECKER .......................................................................................................................................... 16
IRON WORKER - ORNAMENTAL ................................................................................................................... 17
IRON WORKER - STRUCTURAL .................................................................................................................... 18
LABORER (FOUNDATION, CONCRETE, EXCAVATING, STREET PIPE LAYER & COMMON) .................. 18
MARBLE MECHANICS .................................................................................................................................... 19
MASON TENDER ............................................................................................................................................. 21
METALLIC LATHER ......................................................................................................................................... 22
MILLWRIGHT .................................................................................................................................................... 22
PAINTER ........................................................................................................................................................... 23
PAINTER - METAL POLISHER ........................................................................................................................ 24
PAINTER - STRUCTURAL STEEL .................................................................................................................. 24
PAVER AND ROADBUILDER .......................................................................................................................... 25
PLASTERER ..................................................................................................................................................... 25
PLASTERER - TENDER ................................................................................................................................... 26
PLUMBER ......................................................................................................................................................... 27
POINTER, WATERPROOFER, CAULKER, SANDBLASTER, STEAMBLASTER ......................................... 28
ROOFER ........................................................................................................................................................... 29
SHEET METAL WORKER ................................................................................................................................ 30
SIGN ERECTOR ............................................................................................................................................... 31
STEAMFITTER ................................................................................................................................................. 32
STEAMFITTER - REFRIGERATION & AIR CONDITIONER............................................................................ 33
STONE MASON - SETTER .............................................................................................................................. 34
TAPER .............................................................................................................................................................. 34
TILE LAYER - SETTER .................................................................................................................................... 35
TIMBERPERSON .............................................................................................................................................. 36

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 2 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

BOILERMAKER
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Boilermaker (First Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 65% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $32.44

Boilermaker (Second Year: 1st Six Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 70% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $34.32

Boilermaker (Second Year: 2nd Six Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 75% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $36.21

Boilermaker (Third Year: 1st Six Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 80% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $38.07

Boilermaker (Third Year: 2nd Six Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 85% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $39.97

Boilermaker (Fourth Year: 1st Six Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 90% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $41.86

Boilermaker (Fourth Year: 2nd Six Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 95% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $43.73

(Local #5)

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 3 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

BRICKLAYER
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 4)

Bricklayer (First 750 Hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 50% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $20.61

Bricklayer (Second 750 Hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 60% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $20.61

Bricklayer (Third 750 Hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 70% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $20.61

Bricklayer (Fourth 750 Hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 80% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $20.61

Bricklayer (Fifth 750 Hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 90% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $20.61

Bricklayer (Sixth 750 Hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 95% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $20.61

(Bricklayer District Council)

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 4 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

CARPENTER
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 4)

Carpenter (First Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour For Building Apprentice: $19.20
Supplemental Benefit Rate Per Hour For Building Apprentice: $15.95

Wage Rate Per Hour For Heavy Apprentice: 40% of Journeyperson's rate
Supplemental Benefit Rate Per Hour For Heavy Apprentice: $34.49

Carpenter (Second Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour For Building Apprentice: $22.20
Supplemental Benefit Rate Per Hour For Building Apprentice: $17.45

Wage Rate Per Hour For Heavy Apprentice: 50% of Journeyperson's rate
Supplemental Benefit Rate Per Hour For Heavy Apprentice: $34.49

Carpenter (Third Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour For Building Apprentice: $26.45
Supplemental Benefit Rate Per Hour For Building Apprentice: $21.05

Wage Rate Per Hour For Heavy Apprentice: 65% of Journeyperson's rate
Supplemental Benefit Rate Per Hour For Heavy Apprentice: $34.49

Carpenter (Fourth Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour For Building Apprentice: $34.33
Supplemental Benefit Rate Per Hour For Building Apprentice: $23.05

Wage Rate Per Hour For Heavy Apprentice: 80% of Journeyperson's rate
Supplemental Benefit Rate Per Hour For Heavy Apprentice: $34.49

(Carpenters District Council)

CARPENTER - HIGH RISE CONCRETE FORMS

(Ratio of Apprentice to Journeyperson: 1 to 1, 2 to 5)

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 5 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Carpenter - High Rise (First Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $17.52
Supplemental Benefit Rate per Hour: $16.30

Carpenter - High Rise (Second Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $23.95
Supplemental Benefit Rate per Hour: $16.43

Carpenter - High Rise (Third Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $30.53
Supplemental Benefit Rate per Hour: $16.56

Carpenter - High Rise (Fourth Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $38.15
Supplemental Benefit Rate per Hour: $16.71

(Carpenters District Council)

CEMENT MASON
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 4)

Cement Mason (First Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 50% of Journeyperson's Rate

Cement Mason (Second Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 60% of Journeyperson's Rate

Cement Mason (Third Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 70% of Journeyperson's Rate

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 6 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

(Local #780)

CEMENT AND CONCRETE WORKER

(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Cement & Concrete Worker (First 1333 hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 53% of Journeyperson's rate
Supplemental Benefit Rate per Hour: $14.29

Cement & Concrete Worker (Second 1333 hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 69% of Journeyperson's rate
Supplemental Benefit Rate per Hour: $19.22

Cement & Concrete Worker (Last 1334 hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 85% of Journeyperson's rate
Supplemental Benefit Rate per Hour: $20.30

(Cement Concrete Workers District Council)

DERRICKPERSON & RIGGER (STONE)

(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 4)

Derrickperson & Rigger (stone) - First Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 50% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: 50% of Journeyperson's rate

Derrickperson & Rigger (stone) - Second Year: 1st Six Months

Effective Period: 7/1/2020 - 6/30/2021

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 7 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Wage Rate Per Hour: 70% of Journeyperson's rate

Supplemental Benefit Rate Per Hour: 75% of Journeyperson's rate

Derrickperson & Rigger (stone) - Second Year: 2nd Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 80% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: 75% of Journeyperson's rate

Derrickperson & Rigger (stone) - Third Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 90% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: 75% of Journeyperson's rate

(Local #197)

DOCKBUILDER/PILE DRIVER
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 6)

Dockbuilder/Pile Driver (First Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 40% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $34.49

Dockbuilder/Pile Driver (Second Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 50% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $34.49

Dockbuilder/Pile Driver (Third Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 65% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $34.49

Dockbuilder/Pile Driver (Fourth Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 80% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $34.49

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 8 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

(Carpenters District Council)

ELECTRICIAN
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Electrician (First Term: 0-6 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $16.50
Supplemental Benefit Rate per Hour: $14.54
Overtime Supplemental Rate Per Hour: $15.63

Electrician (First Term: 7-12 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $17.00
Supplemental Benefit Rate per Hour: $14.80
Overtime Supplemental Rate Per Hour: $15.93

Electrician (Second Term: 0-6 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $18.00
Supplemental Benefit Rate per Hour: $15.31
Overtime Supplemental Rate Per Hour: $16.51

Electrician (Second Term: 7-12 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $19.00
Supplemental Benefit Rate per Hour: $15.83
Overtime Supplemental Rate Per Hour: $17.09

Electrician (Third Term: 0-6 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $20.00
Supplemental Benefit Rate per Hour: $16.35
Overtime Supplemental Rate Per Hour: $17.68

Electrician (Third Term: 7-12 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $21.00

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 9 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Supplemental Benefit Rate per Hour: $16.87

Overtime Supplemental Rate Per Hour: $18.26

Electrician (Fourth Term: 0-6 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $22.00
Supplemental Benefit Rate per Hour: $17.38
Overtime Supplemental Rate Per Hour: $18.84

Electrician (Fourth Term: 7-12 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $24.00
Supplemental Benefit Rate per Hour: $18.42
Overtime Supplemental Rate Per Hour: $20.01

Electrician (Fifth Term: 0-12 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $26.00
Supplemental Benefit Rate per Hour: $22.06
Overtime Supplemental Rate Per Hour: $23.70

Electrician (Fifth Term: 13-18 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $30.50
Supplemental Benefit Rate per Hour: $24.45
Overtime Supplemental Rate Per Hour: $26.38

Overtime Description
Overtime Wage paid at time and one half the regular rate

(Local #3)

ELEVATOR CONSTRUCTOR
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 2)

Elevator (Constructor) - First Year

Effective Period: 7/1/2020 - 3/16/2021
Wage Rate Per Hour: 50% of Journeyperson's rate
Supplemental Rate Per Hour: $32.14

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 10 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Effective Period: 3/17/2021 - 6/30/2021

Wage Rate Per Hour: 50% of Journeyperson's rate
Supplemental Rate Per Hour: $32.76

Elevator (Constructor) - Second Year

Effective Period: 7/1/2020 - 3/16/2021
Wage Rate Per Hour: 55% of Journeyperson's rate
Supplemental Rate Per Hour: $32.67

Effective Period: 3/17/2021 - 6/30/2021

Wage Rate Per Hour: 55% of Journeyperson's rate
Supplemental Rate Per Hour: $33.31

Elevator (Constructor) - Third Year

Effective Period: 7/1/2020 - 3/16/2021
Wage Rate Per Hour: 65% of Journeyperson's rate
Supplemental Rate Per Hour: $33.74

Effective Period: 3/17/2021 - 6/30/2021

Wage Rate Per Hour: 65% of Journeyperson's rate
Supplemental Rate Per Hour: $34.42

Elevator (Constructor) - Fourth Year

Effective Period: 7/1/2020 - 3/16/2021
Wage Rate Per Hour: 75% of Journeyperson's rate
Supplemental Rate Per Hour: $34.80

Effective Period: 3/17/2021 - 6/30/2021

Wage Rate Per Hour: 75% of Journeyperson's rate
Supplemental Rate Per Hour: $35.52

(Local #1)

ELEVATOR REPAIR & MAINTENANCE

(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 2)

Elevator Service/Modernization Mechanic (First Year)

Effective Period: 7/1/2020 - 3/16/2021
Wage Rate Per Hour: 50% of Journeyperson's rate
Supplemental Benefit Per Hour: $32.09

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 11 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Effective Period: 3/17/2021 - 6/30/2021

Wage Rate Per Hour: 50% of Journeyperson's rate
Supplemental Benefit Per Hour: $32.71

Elevator Service/Modernization Mechanic (Second Year)

Effective Period: 7/1/2020 - 3/16/2021
Wage Rate Per Hour: 55% of Journeyperson's rate
Supplemental Benefit Per Hour: $32.62

Effective Period: 3/17/2021 - 6/30/2021

Wage Rate Per Hour: 55% of Journeyperson's rate
Supplemental Benefit Per Hour: $33.26

Elevator Service/Modernization Mechanic (Third Year)

Effective Period: 7/1/2020 - 3/16/2021
Wage Rate Per Hour: 65% of Journeyperson's rate
Supplemental Benefit Per Hour: $33.67

Effective Period: 3/17/2021 - 6/30/2021

Wage Rate Per Hour: 65% of Journeyperson's rate
Supplemental Benefit Per Hour: $34.35

Elevator Service/Modernization Mechanic (Fourth Year)

Effective Period: 7/1/2020 - 3/16/2021
Wage Rate Per Hour: 75% of Journeyperson's rate
Supplemental Benefit Per Hour: $34.73

Effective Period: 3/17/2021 - 6/30/2021

Wage Rate Per Hour: 75% of Journeyperson's rate
Supplemental Benefit Per Hour: $35.45

(Local #1)

ENGINEER
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 5)

Engineer - First Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $25.38
Supplemental Benefit Rate per Hour: $26.69

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 12 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Engineer - Second Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $31.72
Supplemental Benefit Rate per Hour: $26.69

Engineer - Third Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $34.89
Supplemental Benefit Rate per Hour: $26.69

Engineer - Fourth Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $38.06
Supplemental Benefit Rate per Hour: $26.69

(Local #15)

ENGINEER - OPERATING
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 5)

Operating Engineer - First Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour 40% of Journeyperson's Rate
Supplemental Benefit Per Hour: $22.45

Operating Engineer - Second Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 50% of Journeyperson's Rate
Supplemental Benefit Per Hour: $22.45

Operating Engineer - Third Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 60% of Journeyperson's Rate
Supplemental Benefit Per Hour: $22.45

(Local #14)

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 13 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

FLOOR COVERER
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 4)

Floor Coverer (First Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $24.20
Supplemental Benefit Rate per Hour: $15.95

Floor Coverer (Second Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $27.20
Supplemental Benefit Rate per Hour: $17.45

Floor Coverer (Third Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $31.45
Supplemental Benefit Rate per Hour: $21.05

Floor Coverer (Fourth Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $39.33
Supplemental Benefit Rate per Hour: $23.05

(Carpenters District Council)

GLAZIER
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Glazier (First Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 40% of Journeyperson's rate

Glazier (Second Year)

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 14 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Effective Period: 7/1/2020 - 6/30/2021

Wage and Supplemental Rate Per Hour: 50% of Journeyperson's rate

Glazier (Third Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 60% of Journeyperson's rate

Glazier (Fourth Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 80% of Journeyperson's rate

(Local #1281)

HAZARDOUS MATERIAL HANDLER

(Ratio of Apprentice Journeyperson: 1 to 1, 1 to 3)

Handler (First 1000 Hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 78% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $14.25

Handler (Second 1000 Hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 80% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $14.25

Handler (Third 1000 Hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 83% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $14.25

Handler (Fourth 1000 Hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 89% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $14.25

(Local #78)

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 15 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

HEAT & FROST INSULATOR

(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Heat & Frost Insulator (First Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 35% of Journeyperson's rate

Heat & Frost Insulator (Second Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 45% of Journeyperson's rate

Heat & Frost Insulator (Third Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 55% of Journeyperson's rate

Heat & Frost Insulator (Fourth Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 65% of Journeyperson's rate

(Local #12)

HOUSE WRECKER
(TOTAL DEMOLITION)
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

House Wrecker - First Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $20.20
Supplemental Benefit Rate per Hour: $9.67

House Wrecker - Second Year

Effective Period: 7/1/2020 - 6/30/2021

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Wage Rate per Hour: $22.15

Supplemental Benefit Rate per Hour: $9.67

House Wrecker - Third Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $23.65
Supplemental Benefit Rate per Hour: $9.67

House Wrecker - Fourth Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $26.15
Supplemental Benefit Rate per Hour: $9.67

(Mason Tenders District Council)

IRON WORKER - ORNAMENTAL

(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 4)

Iron Worker (Ornamental) - 1st Ten Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 50% of Journeyperson's rate
Supplemental Rate Per Hour: $40.20

Iron Worker (Ornamental) - 11 -16 Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 55% of Journeyperson's rate
Supplemental Rate Per Hour: $41.44

Iron Worker (Ornamental) - 17 - 22 Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 60% of Journeyperson's rate
Supplemental Rate Per Hour: $42.68

Iron Worker (Ornamental) - 23 - 28 Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 70% of Journeyperson's rate
Supplemental Rate Per Hour: $45.17

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 17 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Iron Worker (Ornamental) - 29 - 36 Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 80% of Journeyperson's rate
Supplemental Rate Per Hour: $47.65

(Local #580)

IRON WORKER - STRUCTURAL

(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 6)

Iron Worker (Structural) - 1st Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $27.45
Supplemental Benefit Rate per Hour: $55.62

Iron Worker (Structural) - 7- 18 Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $28.05
Supplemental Benefit Rate per Hour: $55.62

Iron Worker (Structural) - 19 - 36 months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $28.66
Supplemental Benefit Rate per Hour: $55.62

(Local #40 and #361)

LABORER (FOUNDATION, CONCRETE, EXCAVATING, STREET PIPE

LAYER & COMMON)
(Ratio Apprentice to Journeyperson: 1 to 1, 1 to 3)

Laborer (Foundation, Concrete, Excavating, Street Pipe Layer & Common) - First
1000 hours

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate Per Hour: 50% of Journeyperson's rate
Supplemental Rate Per Hour: $46.63

Laborer (Foundation, Concrete, Excavating, Street Pipe Layer & Common) -

Second 1000 hours
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 60% of Journeyperson's rate
Supplemental Rate Per Hour: $46.63

Laborer (Foundation, Concrete, Excavating, Street Pipe Layer & Common) -

Third 1000 hours
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 75% of Journeyperson's rate
Supplemental Rate Per Hour: $46.63

Laborer (Foundation, Concrete, Excavating, Street Pipe Layer & Common) -

Fourth 1000 hours
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 90% of Journeyperson's rate
Supplemental Rate Per Hour: $46.63

(Local #731)

MARBLE MECHANICS
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 4)

Cutters & Setters - First 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 40% of Journeyperson's rate

NO BENEFITS PAID DURING THE FIRST TWO MONTHS (PROBATIONARY PERIOD)

Cutters & Setters - Second 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 45% of Journeyperson's rate

Cutters & Setters - Third 750 Hours

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Effective Period: 7/1/2020 - 6/30/2021

Wage and Supplemental Rate Per Hour: 50% of Journeyperson's rate

Cutters & Setters - Fourth 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 55% of Journeyperson's rate

Cutters & Setters - Fifth 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 60% of Journeyperson's rate

Cutters & Setters - Sixth 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 65% of Journeyperson's rate

Cutters & Setters - Seventh 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 70% of Journeyperson's rate

Cutters & Setters - Eighth 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 75% of Journeyperson's rate

Cutters & Setters - Ninth 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 85% of Journeyperson's rate

Cutters & Setters - Tenth 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 95% of Journeyperson's rate

Polishers & Finishers - First 900 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 70% of Journeyperson's rate

NO BENEFITS PAID DURING THE FIRST TWO MONTHS (PROBATIONARY PERIOD)

Polishers & Finishers - Second 900 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 80% of Journeyperson's rate

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Polishers & Finishers - Third 900 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 90% of Journeyperson's rate

(Local #7)

MASON TENDER
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Mason Tender - First Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $20.20
Supplemental Benefit Rate per Hour: $9.67

Mason Tender - Second Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $22.15
Supplemental Benefit Rate per Hour: $9.67

Mason Tender - Third Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $23.65
Supplemental Benefit Rate per Hour: $9.67

Mason Tender - Fourth Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $26.15
Supplemental Benefit Rate per Hour: $9.67

(Local #79)

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

METALLIC LATHER
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Metallic Lather (First Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $22.55
Supplemental Benefit Rate per Hour: $17.87

Metallic Lather (Second Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $28.38
Supplemental Benefit Rate per Hour: $20.66

Metallic Lather (Third Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $34.68
Supplemental Benefit Rate per Hour: $21.32

Metallic Lather (Fourth Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $37.18
Supplemental Benefit Rate per Hour: $21.82

(Local #46)

MILLWRIGHT
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 4)

Millwright (First Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $29.99
Supplemental Benefit Rate per Hour: $34.94

Millwright (Second Year)

Effective Period: 7/1/2020 - 6/30/2021

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Wage Rate per Hour: $35.44

Supplemental Benefit Rate per Hour: $38.64

Millwright (Third Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $40.89
Supplemental Benefit Rate per Hour: $42.99

Millwright (Fourth Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $51.79
Supplemental Benefit Rate per Hour: $49.75

(Local #740)

PAINTER
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Painter - Brush & Roller - First Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $17.20
Supplemental Benefit Rate per Hour: $15.93

Painter - Brush & Roller - Second Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $21.50
Supplemental Benefit Rate per Hour: $20.49

Painter - Brush & Roller - Third Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $25.80
Supplemental Benefit Rate per Hour: $24.11

Painter - Brush & Roller - Fourth Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $34.40

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Supplemental Benefit Rate per Hour: $30.93

(District Council of Painters)

PAINTER - METAL POLISHER

(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Metal Polisher (First Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $16.00
Supplemental Benefit Rate per Hour: $6.66

Metal Polisher (Second Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $17.00
Supplemental Benefit Rate per Hour: $6.66

Metal Polisher (Third Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $18.00
Supplemental Benefit Rate per Hour: $6.66

(Local 8A-28)

PAINTER - STRUCTURAL STEEL

(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Painters - Structural Steel (First Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 40% of Journeyperson's rate

Painters - Structural Steel (Second Year)

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 24 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Effective Period: 7/1/2020 - 6/30/2021

Wage and Supplemental Rate Per Hour: 60% of Journeyperson's rate

Painters - Structural Steel (Third Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 80% of Journeyperson's rate

(Local #806)

PAVER AND ROADBUILDER

(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Paver and Roadbuilder - First Year (Minimum 1000 hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $29.36
Supplemental Benefit Rate per Hour: $22.50

Paver and Roadbuilder - Second Year (Minimum 1000 hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $31.00
Supplemental Benefit Rate per Hour: $22.50

(Local #1010)

PLASTERER
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Plasterer - First Year: 1st Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 40% of Journeyperson's rate
Supplemental Rate Per Hour: $13.88

Plasterer - First Year: 2nd Six Months

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate Per Hour: 45% of Journeyperson's rate
Supplemental Rate Per Hour: $14.36

Plasterer - Second Year: 1st Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 55% of Journeyperson's rate
Supplemental Rate Per Hour: $16.44

Plasterer - Second Year: 2nd Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 60% of Journeyperson's rate
Supplemental Rate Per Hour: $17.53

Plasterer - Third Year: 1st Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 70% of Journeyperson's rate
Supplemental Rate Per Hour: $19.72

Plasterer - Third Year: 2nd Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 75% of Journeyperson's rate
Supplemental Rate Per Hour: $20.81

(Local #530)

PLASTERER - TENDER
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Plasterer Tender - First Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $20.20
Supplemental Benefit Rate per Hour: $9.67

Plasterer Tender - Second Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $22.15
Supplemental Benefit Rate per Hour: $9.67

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Plasterer Tender - Third Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $23.65
Supplemental Benefit Rate per Hour: $9.67

Plasterer Tender - Fourth Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $26.15
Supplemental Benefit Rate per Hour: $9.67

(Local #79)

PLUMBER
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Plumber - First Year: 1st Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $16.28
Supplemental Benefit Rate per Hour: $5.43

Plumber - First Year: 2nd Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $19.28
Supplemental Benefit Rate per Hour: $6.43

Plumber - Second Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $27.91
Supplemental Benefit Rate per Hour: $20.13

Plumber - Third Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $30.01
Supplemental Benefit Rate per Hour: $20.13

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Plumber - Fourth Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $32.86
Supplemental Benefit Rate per Hour: $20.13

Plumber - Fifth Year: 1st Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $34.26
Supplemental Benefit Rate per Hour: $20.13

Plumber - Fifth Year: 2nd Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $46.33
Supplemental Benefit Rate per Hour: $20.13

(Plumbers Local #1)

POINTER, WATERPROOFER, CAULKER, SANDBLASTER,

STEAMBLASTER
(Exterior Building Renovation)
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 4)

Pointer, Waterproofer, Caulker, Sandblaster, Steamblaster - First Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $27.14
Supplemental Benefit Rate per Hour: $14.34

Pointer, Waterproofer, Caulker, Sandblaster, Steamblaster - Second Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $30.50
Supplemental Benefit Rate per Hour: $19.24

Pointer, Waterproofer, Caulker, Sandblaster, Steamblaster - Third Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $36.10
Supplemental Benefit Rate per Hour: $21.99

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 28 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Pointer, Waterproofer, Caulker, Sandblaster, Steamblaster - Fourth Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $43.46
Supplemental Benefit Rate per Hour: $22.99

(Bricklayer District Council)

ROOFER
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 2)

Roofer - First Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 35% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $3.51

Roofer - Second Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 50% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $17.54

Roofer - Third Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 60% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $20.99

Roofer - Fourth Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 75% of Journeyperson's rate
Supplemental Benefit Rate Per Hour: $26.18

(Local #8)

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 29 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

SHEET METAL WORKER

(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Sheet Metal Worker (0-6 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 25% of Journeyperson's rate
Supplemental Rate Per Hour: $6.51

Sheet Metal Worker (7-18 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 35% of Journeyperson's rate
Supplemental Rate Per Hour: $19.11

Sheet Metal Worker (19-30 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 45% of Journeyperson's rate
Supplemental Rate Per Hour: $26.09

Sheet Metal Worker (31-36 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 55% of Journeyperson's rate
Supplemental Rate Per Hour: $30.81

Sheet Metal Worker (37-42 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 55% of Journeyperson's rate
Supplemental Rate Per Hour: $30.81

Sheet Metal Worker (43-48 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 70% of Journeyperson's rate
Supplemental Rate Per Hour: $37.91

Sheet Metal Worker (49-54 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 70% of Journeyperson's rate
Supplemental Rate Per Hour: $37.91

Sheet Metal Worker (55-60 Months)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 80% of Journeyperson's rate

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Supplemental Rate Per Hour: $42.65

(Local #28)

SIGN ERECTOR
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 4)

Sign Erector - First Year: 1st Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 35% of Journeyperson's rate
Supplemental Rate Per Hour: $16.13

Sign Erector - First Year: 2nd Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 40% of Journeyperson's rate
Supplemental Rate Per Hour: $18.29

Sign Erector - Second Year: 1st Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 45% of Journeyperson's rate
Supplemental Rate Per Hour: $20.47

Sign Erector - Second Year: 2nd Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 50% of Journeyperson's rate
Supplemental Rate Per Hour: $22.67

Sign Erector - Third Year: 1st Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 55% of Journeyperson's rate
Supplemental Rate Per Hour: $30.68

Sign Erector - Third Year: 2nd Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 60% of Journeyperson's rate
Supplemental Rate Per Hour: $33.38

Sign Erector - Fourth Year: 1st Six Months

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 31 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate Per Hour: 65% of Journeyperson's rate
Supplemental Rate Per Hour: $36.84

Sign Erector - Fourth Year: 2nd Six Months

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 70% of Journeyperson's rate
Supplemental Rate Per Hour: $39.62

Sign Erector - Fifth Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 75% of Journeyperson's rate
Supplemental Rate Per Hour: $42.38

Sign Erector - Sixth Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 80% of Journeyperson's rate
Supplemental Rate Per Hour: $45.13

(Local #137)

STEAMFITTER
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Steamfitter - First Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate and Supplemental Per Hour: 40% of Journeyperson's rate

Steamfitter - Second Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate and Supplemental Rate Per Hour: 50% of Journeyperson's rate.

Steamfitter - Third Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate and Supplemental Rate per Hour: 65% of Journeyperson's rate.

Steamfitter - Fourth Year

Effective Period: 7/1/2020 - 6/30/2021

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 32 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Wage Rate and Supplemental Rate Per Hour: 80% of Journeyperson's rate.

Steamfitter - Fifth Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate and Supplemental Rate Per Hour: 85% of Journeyperson's rate.

(Local #638)

STEAMFITTER - REFRIGERATION & AIR CONDITIONER

(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 3)

Refrigeration & Air Conditioner (First Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $20.63
Supplemental Benefit Rate per Hour: $12.13

Refrigeration & Air Conditioner (Second Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $24.89
Supplemental Benefit Rate per Hour: $13.25

Refrigeration & Air Conditioner (Third Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $29.00
Supplemental Benefit Rate per Hour: $14.43

Refrigeration & Air Conditioner (Fourth Year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $35.01
Supplemental Benefit Rate per Hour: $16.02

(Local #638-B)

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 33 of 36
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

STONE MASON - SETTER

(Ratio Apprentice of Journeyperson: 1 to 1, 1 to 2)

Stone Mason - Setters - First 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 50% of Journeyperson's rate

Stone Mason - Setters - Second 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 60% of Journeyperson's rate
Supplemental Rate Per Hour: 50% of Journeyperson's rate

Stone Mason - Setters - Third 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 70% of Journeyperson's rate
Supplemental Rate Per Hour: 50% of Journeyperson's rate

Stone Mason - Setters - Fourth 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 80% of Journeyperson's rate
Supplemental Rate Per Hour: 50% of Journeyperson's rate

Stone Mason - Setters - Fifth 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 90% of Journeyperson's rate
Supplemental Rate Per Hour: 50% of Journeyperson's rate

Stone Mason - Setters - Sixth 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 100% of Journeyperson's rate
Supplemental Rate Per Hour: 50% of Journeyperson's rate

(Bricklayers District Council)

TAPER
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 4)

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CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Drywall Taper - First Year

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 40% of Journeyperson's rate

Drywall Taper - Second Year

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 60% of Journeyperson's rate

Drywall Taper - Third Year

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 80% of Journeyperson's rate

(Local #1974)

TILE LAYER - SETTER

(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 4)

Tile Layer - Setter - First 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 50% of Journeyperson's rate

Tile Layer - Setter - Second 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 55% of Journeyperson's rate

Tile Layer - Setter - Third 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 65% of Journeyperson's rate

Tile Layer - Setter - Fourth 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 75% of Journeyperson's rate

Tile Layer - Setter - Fifth 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 85% of Journeyperson's rate

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION APPRENTICE PREVAILING WAGE SCHEDULE

Tile Layer - Setter - Sixth 750 Hours

Effective Period: 7/1/2020 - 6/30/2021
Wage and Supplemental Rate Per Hour: 95% of Journeyperson's rate

(Local #7)

TIMBERPERSON
(Ratio of Apprentice to Journeyperson: 1 to 1, 1 to 6)

Timberperson - First Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 40% of Journeyperson's rate
Supplemental Rate Per Hour: $34.22

Timberperson - Second Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 50% of Journeyperson's rate
Supplemental Rate Per Hour: $34.22

Timberperson - Third Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 65% of Journeyperson's rate
Supplemental Rate Per Hour: $34.22

Timberperson - Fourth Year

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate Per Hour: 80% of Journeyperson's rate
Supplemental Rate Per Hour: $34.22

(Local #1536)

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

LABOR LAW ARTICLE 8 - NYC PUBLIC WORKS

Workers, Laborers and Mechanics employed on a public work project must receive not less than
the prevailing rate of wage and benefits for the classification of work performed by each upon such
public work. Pursuant to New York Labor Law Article 8 the Comptroller of the City of New York has
promulgated this schedule solely for Workers, Laborers and Mechanics engaged by private contractors
on New York City public work projects. Prevailing rates are required to be annexed to and form part of
the public work contract pursuant to Labor Law section 220 (3).

This schedule is a compilation of separate determinations of the prevailing rate of wage and
supplements made by the Comptroller for each trade classification listed herein pursuant to Labor Law
section 220 (5). The source of the wage and supplement rates, whether a collective bargaining
agreement, survey data or other, is listed at the end of each classification.

Agency Chief Contracting Officers should contact the Bureau of Labor Law’s Classification Unit
with any questions concerning trade classifications, prevailing rates or prevailing practices with respect
to procurement on New York City public work contracts. Contractors are advised to review the
Comptroller’s Prevailing Wage Schedule before bidding on public work contracts. Contractors with
questions concerning trade classifications, prevailing rates or prevailing practices with respect to public
work contracts in the procurement stage must contact the contracting agency responsible for the
procurement.

Any error as to compensation under the prevailing wage law or other information as to trade
classification, made by the contracting agency in the contract documents or in any other
communication, will not preclude a finding against the contractor of prevailing wage violation.

Any questions concerning trade classifications, prevailing rates or prevailing practices on New
York City public work contracts that have already been awarded may be directed to the Bureau of Labor
Law’s Classification Unit by calling (212) 669-4443. All callers must have the agency name and contract
registration number available when calling with questions on public work contracts. Please direct all
other compliance issues to: Bureau of Labor Law, Attn: Wasyl Kinach, P.E., Office of the Comptroller, 1
Centre Street, Room 651, New York, N.Y. 10007; Fax (212) 669-4002.

Pursuant to Labor Law § 220 (3-a) (a), the appropriate schedule of prevailing wages and benefits
must be posted in a prominent and accessible place at all public work sites along with the Construction
Poster provided on our web site at comptroller.nyc.gov/wages. In addition, covered employees must be
given the appropriate schedule of prevailing wages and benefits along with the Worker Notice provided
on our web site at the time the public work project begins, and with the first paycheck to each such
employee after July first of each year.

This schedule is applicable to work performed during the effective period, unless otherwise
noted. Changes to this schedule are published on our web site comptroller.nyc.gov/wages. Contractors
must pay the wages and supplements in effect when the worker, laborer, mechanic performs the work.
Preliminary schedules for future one-year periods appear in the City Record on or about June 1 each
succeeding year. Final schedules appear on or about July 1 in the City Record and on our web site
comptroller.nyc.gov/wages.

Prevailing rates and ratios for apprentices are published in the Construction Apprentice
Prevailing Wage Schedule. Pursuant to Labor Law § 220 (3-e), only apprentices who are individually
registered in a bona fide program to which the employer contractor is a participant, registered with the

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

New York State Department of Labor, may be paid at the apprentice rates. Apprentices who are not so
registered must be paid as journey persons.

New York City public work projects awarded pursuant to a Project Labor Agreement (“PLA”) in
accordance with Labor Law section 222 may have different labor standards for shift, premium and
overtime work. Please refer to the PLA’s pre-negotiated labor agreements for wage and benefit rates
applicable to work performed outside of the regular workday. More information is available at the
Mayor’s Office of Contract Services (MOCS) web page at:

https://www1.nyc.gov/site/mocs/legal-forms/project-labor-agreements.page

All the provisions of Labor Law Article 8 remain applicable to PLA work including, but not limited
to, the enforcement of prevailing wage requirements by the Comptroller in accordance with the trade
classifications in this schedule; however, we will enforce shift, premium, overtime and other non-
standard rates as they appear in a project’s pre-negotiated labor agreement.

In order to meet their obligation to provide prevailing supplemental benefits to each covered
employee, employers must either:

1) Provide bona fide fringe benefits which cost the employer no less than the prevailing
supplemental benefits rate; or
2) Supplement the employee’s hourly wage by an amount no less than the prevailing
supplemental benefits rate; or
3) Provide a combination of bona fide fringe benefits and wage supplements which cost the
employer no less than the prevailing supplemental benefits rate in total.

Although prevailing wage laws do not require employers to provide bona fide fringe benefits (as
opposed to wage supplements) to their employees, other laws may. For example, the Employee
Retirement Income Security Act, 29 U.S.C. § 1001 et seq., the Patient Protection and Affordable Care Act,
42 U.S.C. § 18001 et seq., and the New York City Paid Sick Leave Law, N.Y.C. Admin. Code § 20-911 et
seq., require certain employers to provide certain benefits to their employees. Labor agreements to
which employers are a party may also require certain benefits. The Comptroller’s Office does not
enforce these laws or agreements.

Employers must provide prevailing supplemental benefits at the straight

time rate for each hour worked unless otherwise noted in the classification.

Paid Holidays, Vacation and Sick Leave when listed must be paid or provided
in addition to the prevailing hourly supplemental benefit rate.
For more information, please refer to the Comptroller’s Prevailing Wage Law Regulations in Title
44 of the Rules of the City of New York, Chapter 2, available at comptroller.nyc.gov/wages.

Wasyl Kinach, P.E.

Director of Classifications
Bureau of Labor Law

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

TABLE OF CONTENTS
CLASSIFICATION PAGE
ASBESTOS HANDLER ............................................................................................................................................ 5
BLASTER .................................................................................................................................................................. 5
BOILERMAKER ........................................................................................................................................................ 6
BRICKLAYER............................................................................................................................................................ 7
CARPENTER - BUILDING COMMERCIAL ............................................................................................................. 8
CARPENTER - HEAVY CONSTRUCTION WORK................................................................................................. 9
CARPENTER - HIGH RISE CONCRETE FORMS ................................................................................................ 10
CARPENTER - SIDEWALK SHED, SCAFFOLD AND HOIST ............................................................................ 11
CARPENTER - WOOD WATER STORAGE TANK .............................................................................................. 12
CEMENT & CONCRETE WORKER ...................................................................................................................... 13
CEMENT MASON ................................................................................................................................................... 14
CORE DRILLER ...................................................................................................................................................... 14
DERRICKPERSON AND RIGGER ........................................................................................................................ 16
DIVER ....................................................................................................................................................................... 17
DOCKBUILDER - PILE DRIVER ............................................................................................................................ 18
DRIVER: TRUCK (TEAMSTER) ............................................................................................................................ 18
ELECTRICIAN ......................................................................................................................................................... 21
ELECTRICIAN - ALARM TECHNICIAN ................................................................................................................ 23
ELECTRICIAN-STREET LIGHTING WORKER .................................................................................................... 24
ELEVATOR CONSTRUCTOR ................................................................................................................................ 25
ELEVATOR REPAIR & MAINTENANCE .............................................................................................................. 26
ENGINEER............................................................................................................................................................... 27
ENGINEER - CITY SURVEYOR AND CONSULTANT ......................................................................................... 32
ENGINEER - FIELD (BUILDING CONSTRUCTION) ............................................................................................ 33
ENGINEER - FIELD (HEAVY CONSTRUCTION) ................................................................................................. 34
ENGINEER - FIELD (STEEL ERECTION) ............................................................................................................ 35
ENGINEER - OPERATING ..................................................................................................................................... 36
FLOOR COVERER ................................................................................................................................................. 44
GLAZIER .................................................................................................................................................................. 45
GLAZIER - REPAIR & MAINTENANCE ................................................................................................................ 46
HAZARDOUS MATERIAL HANDLER .................................................................................................................. 46
HEAT AND FROST INSULATOR .......................................................................................................................... 47
HOUSE WRECKER ................................................................................................................................................ 48
IRON WORKER - ORNAMENTAL ......................................................................................................................... 49
IRON WORKER - STRUCTURAL .......................................................................................................................... 50
LABORER ................................................................................................................................................................ 51
LANDSCAPING ....................................................................................................................................................... 52

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MARBLE MECHANIC ............................................................................................................................................. 53

MASON TENDER .................................................................................................................................................... 54
MASON TENDER (INTERIOR DEMOLITION WORKER) .................................................................................... 55
METALLIC LATHER ............................................................................................................................................... 56
MILLWRIGHT .......................................................................................................................................................... 57
MOSAIC MECHANIC .............................................................................................................................................. 58
PAINTER .................................................................................................................................................................. 59
PAINTER - LINE STRIPING (ROADWAY) ............................................................................................................ 60
PAINTER - METAL POLISHER ............................................................................................................................. 61
PAINTER - SIGN ..................................................................................................................................................... 62
PAINTER - STRUCTURAL STEEL ........................................................................................................................ 63
PAPERHANGER ..................................................................................................................................................... 64
PAVER AND ROADBUILDER ............................................................................................................................... 64
PLASTERER ........................................................................................................................................................... 66
PLASTERER - TENDER ......................................................................................................................................... 67
PLUMBER ................................................................................................................................................................ 68
PLUMBER (MECHNICAL EQUIPMENT AND SERVICE) .................................................................................... 69
PLUMBER (RESIDENTIAL RATES FOR 1, 2 AND 3 FAMILY HOME CONSTRUCTION)............................... 70
PLUMBER: PUMP & TANK ................................................................................................................................... 70
POINTER, WATERPROOFER, CAULKER, SANDBLASTER, STEAMBLASTER ............................................ 71
ROOFER .................................................................................................................................................................. 72
SHEET METAL WORKER ...................................................................................................................................... 73
SHEET METAL WORKER - SPECIALTY ............................................................................................................. 74
SHIPYARD WORKER ............................................................................................................................................. 75
SIGN ERECTOR ...................................................................................................................................................... 76
STEAMFITTER ........................................................................................................................................................ 77
STEAMFITTER - REFRIGERATION AND AIR CONDITIONER .......................................................................... 78
STONE MASON - SETTER .................................................................................................................................... 79
TAPER ..................................................................................................................................................................... 80
TELECOMMUNICATION WORKER ...................................................................................................................... 80
TILE FINISHER ....................................................................................................................................................... 82
TILE LAYER - SETTER .......................................................................................................................................... 82
TIMBERPERSON .................................................................................................................................................... 83
TUNNEL WORKER ................................................................................................................................................. 84
UTILITY LOCATOR ................................................................................................................................................ 86
WELDER .................................................................................................................................................................. 88

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

ASBESTOS HANDLER
SEE HAZARDOUS MATERIAL HANDLER

BLASTER
Blaster
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $56.21
Supplemental Benefit Rate per Hour: $46.63

Blaster- Hydraulic Trac Drill

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $50.35
Supplemental Benefit Rate per Hour: $46.63

Blaster - Wagon: Air Trac: Quarry Bar: Drillrunners

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $49.52
Supplemental Benefit Rate per Hour: $46.63

Blaster - Journeyperson
(Laborer, Chipper/Jackhammer including Walk Behind Self Propelled Hydraulic Asphalt and Concrete Breakers
and Hydro (Water) Demolition, Powder Carrier, Hydraulic Chuck Tender, Chuck Tender and Nipper)

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $43.00
Supplemental Benefit Rate per Hour: $46.63

Blaster - Magazine Keepers: (Watch Person)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $21.50
Supplemental Benefit Rate per Hour: $46.63

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Thanksgiving Day
Christmas Day

Paid Holidays
Labor Day
Thanksgiving Day

Shift Rates
When two shifts are employed, single time rate shall be paid for each shift. When three shifts are found
necessary, each shift shall work seven and one half hours (7 ½), but shall be paid for eight (8) hours of labor, and
be permitted one half hour for lunch.

(Local #731)

BOILERMAKER
Boilermaker
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $61.24
Supplemental Benefit Rate per Hour: $45.62
Supplemental Note: For time and one half overtime - $67.98 For double overtime - $90.34

Overtime Description
For Repair and Maintenance work:
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
For New Construction work:
Double time the regular rate after an 8 hour day.
Double time the regular time rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Columbus Day
Election Day
Veteran's Day
Thanksgiving Day
Christmas Day

Quadruple time the regular rate for work on the following holiday(s).
Labor Day

Paid Holidays
Good Friday
Day after Thanksgiving
Day before Christmas
Day before New Year's Day

Shift Rates
On jobs requiring two (2) or three (3) shifts, the first shift shall work eight (8) hours at the regular straight-time
hourly rate. The second shift shall work eight (8) hours and receive eight hours at the regular straight time
hourly rate plus two dollars ($2.00) per hour. The third shift shall work eight (8) hours and receive eight hours at
the regular straight time hourly rate plus two dollars and twenty-five cents ($2.25) per hour.

(Local #5)

BRICKLAYER
Bricklayer
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $56.32
Supplemental Benefit Rate per Hour: $33.11

Overtime Description
Time and one half the regular rate after a 7 hour day. If working on a job that is predominately Pointer, Cleaner,
Caulker work, then Time and one half the regular rate after an 8 hour day.

Overtime
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Saturday may be used as a make-up day at straight time when a day is lost during that week to inclement
weather.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Labor Day
Thanksgiving Day
Christmas Day

Paid Holidays
None

Shift Rates
The second shift wage rate shall be a 15% wage premium with no premium for supplemental benefits. There
must be a first shift in order to work a second shift. When it is not possible to conduct alteration or repair work
during regular working hours in a building occupied by tenants, eight hours will be paid at straight time rate for
seven hours of work.

(Bricklayer District Council)

CARPENTER - BUILDING COMMERCIAL

Building Commercial
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $54.00
Supplemental Benefit Rate per Hour: $46.88

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Saturday may be used as a make-up day at straight time when a day is lost during that week to inclement
weather.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Presidential Election Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Paid Holidays
None

Shift Rates

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

The second shift will receive one hour at the double time rate of pay for the last hour of the shift; eight hours pay
for seven hours of work, nine hours pay for eight hours of work. There must be a first shift in order to work a
second shift. When it is not possible to conduct alteration or repair work during regular working hours in a
building occupied by tenants, the rule for the second shift will apply.

(Carpenters District Council)

CARPENTER - HEAVY CONSTRUCTION WORK

(Construction of Engineered Structures and Building Foundations including all
form work)

Heavy Construction Work

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $55.93
Supplemental Benefit Rate per Hour: $52.49

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Saturday may be used as a make-up day at straight time when a day is lost during that week to inclement
weather.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Presidential Election Day
Thanksgiving Day
Christmas Day

Paid Holidays
None

Shift Rates
Off shift work commencing between 5:00 P.M. and 11:00 P.M. shall work eight and one half hours allowing for
one half hour for lunch. The wage rate shall be 113% of the straight time hourly wage rate. When two (2) or more
shifts of Carpenters are employed, single time will be paid for each shift.

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

(Carpenters District Council)

CARPENTER - HIGH RISE CONCRETE FORMS

(Excludes Engineered Structures and Building Foundations)

Carpenter High Rise A

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $50.78
Supplemental Benefit Rate per Hour: $43.44

Carpenter High Rise B

Carpenter High Rise B worker is excluded from high risk operations such as erection decking, perimeter debris
netting, leading edge work, self-climbing form systems, and the installation of cocoon systems unless directly
supervised by a Carpenter High Rise A worker.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $40.19
Supplemental Benefit Rate per Hour: $16.75

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Saturday may be used as a make-up day at straight time when a day is lost during that week to inclement
weather.

Overtime Holidays
Time and one half the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Presidential Election Day
Thanksgiving Day
Christmas Day

Paid Holidays
None

Shift Rates

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

The second shift wage rate shall be 113% of the straight time hourly wage rate. However, any shift beginning
after 5:00 P.M. shall be paid at time and one half the regular hourly rate. There must be a first shift in order to
work a second shift. When it is not possible to conduct alteration or repair work during regular working hours in
a building occupied by tenants, the rule for the second shift will apply.

(Carpenters District Council)

CARPENTER - SIDEWALK SHED, SCAFFOLD AND HOIST

Carpenter - Hod Hoist
(Assisted by Mason Tender)

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $51.50
Supplemental Benefit Rate per Hour: $46.15

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Saturday may be used as a make-up day at straight time when a day is lost during that week to inclement
weather.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Presidential Election Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Paid Holidays
None

Shift Rates
The second shift will receive one hour at the double time rate of pay for the last hour of the shift; eight hours pay
for seven hours of work, nine hours pay for eight hours of work. There must be a first shift in order to work a
second shift. When it is not possible to conduct alteration or repair work during regular working hours in a
building occupied by tenants, the rule for the second shift will apply.

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

(Carpenters District Council)

CARPENTER - WOOD WATER STORAGE TANK

Tank Mechanic
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $35.21
Supplemental Benefit Rate per Hour: $21.03

Tank Helper
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $27.97
Supplemental Benefit Rate per Hour: $21.03

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Time and one half the regular rate for work on a holiday plus the day's pay.

Paid Holidays
New Year's Day
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Thanksgiving Day
Day after Thanksgiving
1/2 day on Christmas Eve if work is performed in the A.M.
Christmas Day
1/2 day on New Year's Eve if work is performed in the A.M.

Vacation
Employed for one (1) year....................................one (1) week vacation (40 hours)
Employed for three (3) years.................................two (2) weeks vacation (80 hours)
Employed for more than twenty (20) years............three (3) weeks vacation (120 hours)

SICK LEAVE:
Two (2) sick days after being employed for twenty (20) years.

(Carpenters District Council)

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

CEMENT & CONCRETE WORKER

Cement & Concrete Worker
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $45.28
Supplemental Benefit Rate per Hour: $29.20
Supplemental Note: $32.70 on Saturdays; $36.20 on Sundays & Holidays

Cement & Concrete Worker - (Hired after 2/6/2016)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $34.80
Supplemental Benefit Rate per Hour: $21.20
Supplemental Note: $22.70 on Saturdays; $24.20 on Sundays & Holidays

Overtime Description
Time and one half the regular rate after 7 hour day (time and one half the regular rate after an 8 hour day when
working with Dockbuilders on pile cap forms and for work below street level to the top of the foundation wall, not
to exceed 2 feet or 3 feet above the sidewalk-brick shelf, when working on the foundation and structure.)

Overtime
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Presidential Election Day
Thanksgiving Day
Christmas Day

Paid Holidays
1/2 day before Christmas Day
1/2 day before New Year's Day

Shift Rates
On shift work extending over a twenty-four hour period, all shifts are paid at straight time.

(Cement Concrete Workers District Council)

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

CEMENT MASON
Cement Mason
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $44.97
Supplemental Benefit Rate per Hour: $40.56
Supplemental Note: Supplemental benefit time and one half rate: $71.19; Double time rate: double the base
supplemental benefit rate.

Overtime Description
Time and one-half the regular rate after an 8 hour day, double time the regular rate after 10 hours. Time and one-
half the regular rate on Saturday, double time the regular rate after 10 hours. Double time the regular rate on
Sunday. Four Days a week at Ten (10) hours straight time is allowed.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Presidential Election Day
Thanksgiving Day
Christmas Day

Paid Holidays
Any worker who reports to work on Christmas Eve or New Year's Eve pursuant to his employer's instruction
shall be entitled to three (3) hours afternoon pay without working.

Shift Rates
For off shift work, (at times other than the regular 7:00 A.M. to 3:30 P.M. work day) a cement mason shall be paid
at the regular hourly rate plus a 25% per hour differential.

(Local #780) (BCA)

CORE DRILLER
Core Driller
Effective Period: 7/1/2020 - 6/30/2021

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Wage Rate per Hour: $41.19

Supplemental Benefit Rate per Hour: $27.95

Core Driller Helper

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $32.62
Supplemental Benefit Rate per Hour: $27.95

Core Driller Helper(Third year in the industry)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $29.36
Supplemental Benefit Rate per Hour: $27.95

Core Driller Helper (Second year in the industry)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $26.10
Supplemental Benefit Rate per Hour: $27.95

Core Driller Helper (First year in the industry)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $22.83
Supplemental Benefit Rate per Hour: $27.95

Overtime Description
Time and one half the regular rate for work on a holiday plus Holiday pay when worked.

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Time and one half the regular rate for work on the following holiday(s).

Paid Holidays
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day

Shift Rates
When two (2) or more shifts are employed, single time shall be paid for each shift, but those employees
employed on a shift other than from 8:00 A.M. to 5:00 P.M. shall, in addition, receive seventy-five cents ($0.75)
per hour differential for each hour worked. When three (3) shifts are needed, each shift shall work seven and
one-half (7 ½) hours paid for eight (8) hours of labor and be permitted one-half (½) hour for mealtime.

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

(Carpenters District Council)

DERRICKPERSON AND RIGGER

Derrick Person & Rigger
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $53.13
Supplemental Benefit Rate per Hour: $54.60
Supplemental Note: The above supplemental rate applies for work performed in Manhattan, Bronx, Brooklyn and
Queens. $56.02 - For work performed in Staten Island.

Derrick Person & Rigger - Site Work

Assists the Stone Mason-Setter in the setting of stone and paving stone.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $44.02
Supplemental Benefit Rate per Hour: $43.12

Overtime Description
The first two hours of overtime on weekdays and the first seven hours of work on Saturdays are paid at time and
one half for wages and supplemental benefits. All additional overtimes is paid at double time for wages and
supplemental benefits. Deduct $1.42 from the Staten Island hourly benefits rate before computing overtime.

Overtime
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
Washington's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day

Paid Holidays
1/2 day on Christmas Eve if work is performed in the A.M.

(Local #197)

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

DIVER
Diver (Marine)
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $70.80
Supplemental Benefit Rate per Hour: $52.49

Diver Tender (Marine)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $50.34
Supplemental Benefit Rate per Hour: $52.49

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Saturday may be used as a make-up day at straight time when a day is lost during that week to inclement
weather.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Presidential Election Day
Thanksgiving Day
Christmas Day

Paid Holidays
None

Shift Rates
When three shifts are utilized each shift shall work seven and one half-hours (7 1/2 hours) and paid for 8 hours,
allowing for one half hour for lunch.

(Carpenters District Council)

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

DOCKBUILDER - PILE DRIVER

Dockbuilder - Pile Driver
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $55.93
Supplemental Benefit Rate per Hour: $52.49

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Saturday may be used as a make-up day at straight time when a day is lost during that week to inclement
weather.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Presidential Election Day
Thanksgiving Day
Christmas Day

Paid Holidays
None

Shift Rates
Off shift work commencing between 5:00 P.M. and 11:00 P.M. shall work eight and one half hours allowing for
one half hour for lunch. The wage rate shall be 113% of the straight time hourly wage rate.

(Carpenters District Council)

DRIVER: TRUCK (TEAMSTER)

Driver - Dump Truck
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $41.18
Supplemental Benefit Rate per Hour: $49.65
Supplemental Note: Over 40 hours worked: at time and one half rate - $22.08; at double time rate - $29.44

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Driver - Tractor Trailer

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $45.06
Supplemental Benefit Rate per Hour: $50.56
Supplemental Note: Over 40 hours worked: at time and one half rate - $21.61; at double time rate - $28.82

Driver - Euclid & Turnapull Operator

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $45.62
Supplemental Benefit Rate per Hour: $50.56
Supplemental Note: Over 40 hours worked: at time and one half rate - $21.61; at double time rate - $28.82

Overtime Description
For Paid Holidays: Holiday pay for all holidays shall be prorated based two hours per day for each day worked in
the holiday week, not to exceed 8 hours of holiday pay. For Thanksgiving week, the prorated share shall be 5 1/3
hours of holiday pay for each day worked in Thanksgiving week.

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Paid Holidays
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Shift Rates
Off shift work commencing between 6:00 P.M. and 4:30 A.M. shall work eight and one half (8 1/2) hours allowing
for one half hour for lunch and receive 9 hours pay for 8 hours of work.

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Driver Redi-Mix (Sand & Gravel)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $39.00
Supplemental Benefit Rate per Hour: $45.52
Supplemental Note: Over 40 hours worked: time and one half rate $16.78; double time rate $22.37

Overtime Description
For Paid Holidays: Employees working two (2) days in the calendar week in which the holiday falls are to paid for
these holidays, provided they shape each remaining workday during that calendar week.

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
President's Day
Columbus Day
Veteran's Day

Triple time the regular rate for work on the following holiday(s).
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day

Paid Holiday
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Election Day
Thanksgiving Day
Christmas Day

(Local #282)

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

ELECTRICIAN
(Including installation of low voltage cabling carrying data, video and/or voice on
building construction/alteration/renovation projects.)

Electrician "A" (Single Shift / First Shift)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $58.00
Supplemental Benefit Rate per Hour: $58.46

Electrician "A" (Single Shift Overtime after 7 hrs / First Shift Overtime after 8 hrs)
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $87.00
Supplemental Benefit Rate per Hour: $62.12

Electrician "A" (Second Shift)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $68.05
Supplemental Benefit Rate per Hour: $66.61

Electrician "A" (Second Shift Overtime after 7.5 hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $102.08
Supplemental Benefit Rate per Hour: $70.91

Electrician "A" (Third Shift)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $76.23
Supplemental Benefit Rate per Hour: $73.47

Electrician "A" (Third Shift Overtime after 7 hours)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $114.35
Supplemental Benefit Rate per Hour: $78.28

Overtime
Time and one half the regular rate after a 7 hour day.
Time and one half the regular rate for Saturday.
Time and one half the regular rate for Sunday.

Overtime Holidays

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Time and one half the regular rate for work on a holiday.
New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Paid Holidays
None

Shift Rates
When two (2) or three (3) shifts are worked for at least five days, the above shift rates apply.

For multiple shifts of temporary light and/or power, the temporary light and/or power employee shall be paid for 8
hours at the straight time rate. For three or less workers performing 8 hours temporary light and/or power the
supplemental benefit rate is $25.46.

Electrician "M" (First 8 hours)

"M" rated work shall be defined as jobbing: electrical work of limited duration and scope, also consisting of
repairs and/or replacement of electrical and tele-data equipment. Includes all work necessary to retrofit, service,
maintain and repair all kinds of lighting fixtures and local lighting controls and washing and cleaning of
foregoing fixtures.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $30.50
Supplemental Benefit Rate per Hour: $24.45
First and Second Year "M" Wage Rate Per Hour: $26.00
First and Second Year "M" Supplemental Rate: $22.06

Electrician "M" (Overtime After First 8 hours)

"M" rated work shall be defined as jobbing: electrical work of limited duration and scope, also consisting of
repairs and/or replacement of electrical and tele-data equipment. Includes all work necessary to retrofit, service,
maintain and repair all kinds of lighting fixtures and local lighting controls and washing and cleaning of
foregoing fixtures.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $45.75
Supplemental Benefit Rate per Hour: $26.38
First and Second Year "M" Wage Rate Per Hour: $39.00
First and Second Year "M" Supplemental Rate: $23.70

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Time and one half the regular rate for Sunday.

Overtime Holidays
Time and one half the regular rate for work on the following holiday(s).
New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Paid Holidays
None

(Local #3)

ELECTRICIAN - ALARM TECHNICIAN

(Scope of Work - Inspect, test, repair, and replace defective, malfunctioning, or
broken devices, components and controls of Fire, Burglar and Security
Systems)

Alarm Technician
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $33.90
Supplemental Benefit Rate per Hour: $18.43
Supplemental Note: $16.80 only after 8 hours worked in a day

Overtime Description
Time and one half the regular rate for work on the following holidays: Columbus Day, Veterans Day, Day after
Thanksgiving.
Double time the regular rate for work on the following holidays: New Year's day, Martin Luther King Jr. Day,
President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day.

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Time and one half the regular rate for Sunday.

Paid Holidays
New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Shift Rates
Night Differential is based upon a ten percent (10%) differential between the hours of 4:00 P.M. and 12:30 A.M.
and a fifteen percent (15%) differential for the hours 12:00 A.M. to 8:30 A.M.

Vacation
At least 1 year of employment.......................................ten (10) days
5 years or more of employment.....................................fifteen (15) days
10 years of employment.................................................twenty (20) days
Plus one Personal Day per year

Sick Days:
One day per Year. Up to 4 vacation days may be used as sick days.

(Local #3)

ELECTRICIAN-STREET LIGHTING WORKER

Electrician - Electro Pole Electrician
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $58.00
Supplemental Benefit Rate per Hour: $60.43

Electrician - Electro Pole Foundation Installer

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $43.16
Supplemental Benefit Rate per Hour: $44.83

Electrician - Electro Pole Maintainer

Effective Period: 7/1/2020 - 6/30/2021

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Wage Rate per Hour: $37.11

Supplemental Benefit Rate per Hour: $40.34

Overtime Description
Electrician - Electro Pole Electrician: Time and one half the regular rate after a 7 hour day and after 5 consecutive
days worked per week.
Electrician - Electro Pole Foundation Installer: Time and one half the regular rate after 8 hours within a 24 hour
period and Saturday and Sunday.
Electrician - Electro Pole Maintainer: Time and one half the regular rate after a 7 hour day and after 5 consecutive
days worked per week. Saturdays and Sundays may be used as a make-up day at straight time when a day is
lost during the week to inclement weather.

Overtime Holidays
Time and one half the regular rate for work on the following holiday(s).
New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Paid Holidays
None

(Local #3)

ELEVATOR CONSTRUCTOR
Elevator Constructor
Effective Period: 7/1/2020 - 3/16/2021
Wage Rate per Hour: $69.56
Supplemental Benefit Rate per Hour: $37.47

Effective Period: 3/17/2021 - 6/30/2021

Wage Rate per Hour: $72.29
Supplemental Benefit Rate per Hour: $38.29

Overtime Description
For New Construction: work performed after 7 or 8 hour day, Saturday, Sunday or between 4:30pm and 7:00am
shall be paid at double time rate.

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Existing buildings: work performed after an 8 hour day, Saturday, Sunday or between 5:30pm and 7:00 am shall
be paid time and one half.

Overtime
Double time the regular rate for work on the following holiday(s).

Paid Holidays
New Year's Day
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Vacation
Employer contributes 8% of regular basic hourly rate as vacation pay for employees with more than 15 years of
service, and 6% for employees with 5 to 15 years of service, and 4% for employees with less than 5 years of
service.

(Local #1)

ELEVATOR REPAIR & MAINTENANCE

Elevator Service/Modernization Mechanic
Effective Period: 7/1/2020 - 3/16/2021
Wage Rate per Hour: $54.56
Supplemental Benefit Rate per Hour: $37.37

Effective Period: 3/17/2021 - 6/30/2021

Wage Rate per Hour: $56.77
Supplemental Benefit Rate per Hour: $38.19

Overtime Description
For Scheduled Service Work: Double time - work scheduled in advance by two or more workers performed on
Sundays, Holidays, and between midnight and 7:00am.

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Time and one half the regular rate for Sunday.

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Time and one half the regular rate for work on a holiday plus the day's pay.

Paid Holidays
New Year's Day
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Shift Rates
Afternoon shift - regularly hourly rate plus a (15%) fifteen percent differential. Graveyard shift - time and one half
the regular rate.

Vacation
Employer contributes 8% of regular basic hourly rate as vacation pay for employees with more than 15 years of
service, and 6% for employees with 5 to 15 years of service, and 4% for employees with less than 5 years of
service.

(Local #1)

ENGINEER
Engineer - Heavy Construction Operating Engineer I
Cherrypickers 20 tons and over and Loaders (rubber tired and/or tractor type with a manufacturer's minimum
rated capacity of six cubic yards and over).

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $72.93
Supplemental Benefit Rate per Hour: $40.60
Supplemental Note: $73.80 on overtime
Off-Shift Wage Rate: $116.69

Engineer - Heavy Construction Operating Engineer II

Backhoes, Basin Machines, Groover, Mechanical Sweepers, Bobcat, Boom Truck, Barrier Transport (Barrier
Mover) & machines of similar nature. Operation of Churn Drills and machines of a similar nature, Stetco Silent
Hoist and machines of similar nature, Vac-Alls, Meyers Machines, John Beam and machines of a similar nature,
Ross Carriers and Travel Lifts and machines of a similar nature, Bulldozers, Scrapers and Turn-a-Pulls: Tugger
Hoists (Used exclusively for handling excavated material); Tractors with attachments, Hyster and Roustabout
Cranes, Cherrypickers. Austin Western, Grove and machines of a similar nature, Scoopmobiles, Monorails,
Conveyors, Trenchers: Loaders-Rubber Tired and Tractor: Barber Greene and Eimco Loaders and Eimco

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Backhoes; Mighty Midget and similar breakers and Tampers, Curb and Gutter Pavers and Motor Patrol, Motor
Graders and all machines of a similar nature. Locomotives 10 Tons or under. Mini-Max, Break-Tech and
machines of a similar nature; Milling machines, robotic and demolition machines and machines of a similar
nature, shot blaster, skid steer machines and machines of a similar nature including bobcat, pile rig rubber-tired
excavator (37,000 lbs. and under), 2 man auger.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $70.74
Supplemental Benefit Rate per Hour: $40.60
Supplemental Note: $73.80 on overtime
Off-Shift Wage Rate: $113.18

Engineer - Heavy Construction Operating Engineer III

Minor Equipment such as Tractors, Post Hole Diggers, Ditch Witch (Walk Behind), Road Finishing Machines,
Rollers five tons and under, Tugger Hoists, Dual Purpose Trucks, Fork Lifts, and Dempsey Dumpers, Fireperson.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $67.06
Supplemental Benefit Rate per Hour: $40.60
Supplemental Note: $73.80 on overtime
Off-Shift Wage Rate: $107.30

Engineer - Heavy Construction Maintenance Engineer I

Installing, Repairing, Maintaining, Dismantling and Manning of all equipment including Steel Cutting, Bending
and Heat Sealing Machines, Mechanical Heaters, Grout Pumps, Bentonite Pumps & Plants, Screening Machines,
Fusion Coupling Machines, Tunnel Boring Machines Moles and Machines of a similar nature, Power Packs,
Mechanical Hydraulic Jacks; all drill rigs including but not limited to Churn, Rotary Caisson, Raised Bore & Drills
of a similar nature; Personnel, Inspection & Safety Boats or any boats used to perform functions of same, Mine
Hoists, Whirlies, all Climbing Cranes, all Tower Cranes, including but not limited to Truck Mounted and Crawler
Type and machines of similar nature; Maintaining Hydraulic Drills and machines of a similar nature; Well Point
System-Installation and dismantling; Burning, Welding, all Pumps regardless of size and/or motor power, except
River Cofferdam Pumps and Wells Point Pumps; Motorized Buggies (three or more); equipment used in the
cleaning and televising of sewers, but not limited to jet-rodder/vacuum truck, vacall/vactor, closed circuit
television inspection equipment; high powered water pumps, jet pumps; screed machines and concrete finishing
machines of a similar nature; vermeers.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $70.40
Supplemental Benefit Rate per Hour: $40.60
Supplemental Note: $73.80 on overtime
Off-Shift Wage Rate: $112.64

Engineer - Heavy Construction Maintenance Engineer II

On Base Mounted Tower Cranes

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $92.76
Supplemental Benefit Rate per Hour: $40.60
Supplemental Note: $73.80 on overtime

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Off-Shift Wage Rate: $148.42

Engineer - Heavy Construction Maintenance Engineer III

On Generators, Light Towers

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $46.12
Supplemental Benefit Rate per Hour: $40.60
Supplemental Note: $73.80 on overtime
Off-Shift Wage Rate: $73.79

Engineer - Heavy Construction Maintenance Engineer IV

On Pumps and Mixers including mud sucking

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $47.34
Supplemental Benefit Rate per Hour: $40.60
Supplemental Note: $73.80 on overtime
Off-Shift Wage Rate: $75.74

Engineer - Heavy Construction Service Engineer

Gradalls: Concrete Pumps: Power Houses: Driving Truck Cranes: Driving and Operating Fuel and Grease Trucks.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $63.37
Supplemental Benefit Rate per Hour: $40.60
Supplemental Note: $73.80 on overtime
Off-Shift Wage Rate: $101.39

Engineer - Heavy Construction Service Mechanic

Shovels: Cranes: Draglines: Backhoes: Keystones: Pavers: Trenching Machines: Gunite Machines: Compressors
(three (3) or more in Battery): Crawler Cranes- having a straight lattice boom with no attachment or luffing boom,
no jib and no auxiliary attachment.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $43.54
Supplemental Benefit Rate per Hour: $40.60
Supplemental Note: $73.80 on overtime
Off-Shift Wage Rate: $69.66

Engineer - Steel Erection Maintenance Engineers

Derrick, Travelers, Tower, Crawler Tower and Climbing Cranes

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $65.31

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Supplemental Benefit Rate per Hour: $39.74

Supplemental Note: $72.08 on overtime
Off-Shift Wage Rate: $104.50

Engineer - Steel Erection Oiler I

On a Truck Crane

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $61.05
Supplemental Benefit Rate per Hour: $39.74
Supplemental Note: $72.08 on overtime
Off-Shift Wage Rate: $97.68

Engineer - Steel Erection Oiler II

On a Crawler Crane

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $46.18
Supplemental Benefit Rate per Hour: $39.74
Supplemental Note: $72.08 on overtime
Off-Shift Wage Rate: $73.89

Overtime Description
On jobs of more than one shift, if the next shift employee fails to report for work through any cause over which
the employer has no control, the employee on duty who works the next shift continues to work at the single time
rate.

Overtime
Double time the regular rate after an 8 hour day.
Double time the regular time rate for Saturday.
Double time the regular rate for Sunday.
Double time the regular rate for work on the following holiday(s).

Paid Holidays
New Year's Day
Lincoln's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Employees must work at least one day in the payroll week in which the holiday occurs to receive the paid holiday

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Engineer - Building Work Maintenance Engineers I

Installing, repairing, maintaining, dismantling (of all equipment including: Steel Cutting and Bending Machines,
Mechanical Heaters, Mine Hoists, Climbing Cranes, Tower Cranes, Linden Peine, Lorain, Liebherr, Mannes, or
machines of a similar nature, Well Point Systems, Deep Well Pumps, Concrete Mixers with loading Device,
Concrete Plants, Motor Generators when used for temporary power and lights), skid steer machines of a similar
nature including bobcat.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $62.45
Supplemental Benefit Rate per Hour: $39.74
Supplemental Note: $72.08 on overtime

Engineer - Building Work Maintenance Engineers II

On Pumps, Generators, Mixers and Heaters

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $48.26
Supplemental Benefit Rate per Hour: $39.74
Supplemental Note: $72.08 on overtime

Engineer - Building Work Oilers I

All gasoline, electric, diesel or air operated Gradealls: Concrete Pumps, Overhead Cranes in Power Houses:
Their duties shall be to assist the Engineer in oiling, greasing and repairing of all machines; Driving Truck
Cranes: Driving and Operating Fuel and Grease Trucks, Cherrypickers (hydraulic cranes) over 70,000 GVW, and
machines of a similar nature.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $59.33
Supplemental Benefit Rate per Hour: $39.74
Supplemental Note: $72.08 on overtime

Engineer - Building Work Oilers II

Oilers on Crawler Cranes, Backhoes, Trenching Machines, Gunite Machines, Compressors (three or more in
Battery).

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $43.78
Supplemental Benefit Rate per Hour: $39.74
Supplemental Note: $72.08 on overtime

Overtime Description
On jobs of more than one shift, if an Employee fails to report for work through any cause over which the
Employer has no control, the Employee on duty will continue to work at the rate of single time.

Overtime
Double time the regular rate after an 8 hour day.

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Double time the regular time rate for Saturday.

Double time the regular rate for Sunday.
Double time the regular rate for work on the following holiday(s).

Paid Holidays
New Year's Day
Lincoln's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
Employees must work at least one day in the payroll week in which the holiday occurs to receive the paid holiday

Shift Rates
When two (2) or more shifts are employed, single time will be paid for each shift.

(Local #15)

ENGINEER - CITY SURVEYOR AND CONSULTANT

Party Chief
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $40.41
Supplemental Benefit Rate per Hour: $22.75
Supplemental Note: Overtime Benefit Rate - $27.25 per hour (time & one half) $31.75 per hour (double time).

Instrument Person
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $33.13
Supplemental Benefit Rate per Hour: $22.75
Supplemental Note: Overtime Benefit Rate - $27.25 per hour (time & one half) $31.75 per hour (double time).

Rodperson
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $28.54
Supplemental Benefit Rate per Hour: $22.75
Supplemental Note: Overtime Benefit Rate - $27.25 per hour (time & one half) $31.75 per hour (double time).

Overtime Description

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Time and one half the regular rate after an 8 hour day, Time and one half the regular rate for Saturday for the first
eight hours worked, Double time the regular time rate for Saturday for work performed in excess of eight hours,
Double time the regular rate for Sunday and Double time the regular rate for work on a holiday.

Paid Holidays
New Year's Day
Lincoln's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Employees must work at least one day in the payroll week in which the holiday occurs to receive the paid holiday

(Operating Engineer Local #15-D)

ENGINEER - FIELD (BUILDING CONSTRUCTION)

(Construction of Building Projects, Concrete Superstructures, etc.)

Field Engineer - BC Party Chief

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $65.44
Supplemental Benefit Rate per Hour: $35.12
Supplemental Note: Overtime Benefit Rate - $49.33 per hour (time & one half) $63.54 per hour (double time).

Field Engineer - BC Instrument Person

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $50.83
Supplemental Benefit Rate per Hour: $35.12
Supplemental Note: Overtime Benefit Rate - $49.33 per hour (time & one half) $63.54 per hour (double time).

Field Engineer - BC Rodperson

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $32.84
Supplemental Benefit Rate per Hour: $35.12
Supplemental Note: Overtime Benefit Rate - $49.33 per hour (time & one half) $63.54 per hour (double time).

Overtime Description

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Time and one half the regular rate after a 7 hour work and time and one half the regular rate for Saturday for the
first seven hours worked, Double time the regular time rate for Saturday for work performed in excess of seven
hours, Double time the regular rate for Sunday and Double time the regular rate for work on a holiday.

Paid Holidays
New Year's Day
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
Employees must work at least one day in the payroll week in which the holiday occurs to receive the paid holiday

(Operating Engineer Local #15-D)

ENGINEER - FIELD (HEAVY CONSTRUCTION)

(Construction of Roads, Tunnels, Bridges, Sewers, Building Foundations,
Engineering Structures etc.)

Field Engineer - HC Party Chief

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $76.22
Supplemental Benefit Rate per Hour: $37.55
Supplemental Note: Overtime benefit rate - $52.85 per hour (time & one half), $68.15 per hour (double time).

Field Engineer - HC Instrument Person

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $55.96
Supplemental Benefit Rate per Hour: $37.55
Supplemental Note: Overtime benefit rate - $52.58 per hour (time & one half), $68.15 per hour (double time).

Field Engineer - HC Rodperson

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $46.94
Supplemental Benefit Rate per Hour: $37.55
Supplemental Note: Overtime benefit rate - $52.85 per hour (time & one half), $68.15 per hour (double time).

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Overtime Description
Time and one half the regular rate after an 8 hour day, Time and one half the regular rate for Saturday for the first
eight hours worked, Double time the regular time rate for Saturday for work performed in excess of eight hours,
Double time the regular rate for Sunday and Double time the regular rate for work on a holiday.

Paid Holidays
New Year's Day
Lincoln's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
Employees must work at least one day in the payroll week in which the holiday occurs to receive the paid holiday

(Operating Engineer Local #15-D)

ENGINEER - FIELD (STEEL ERECTION)

Field Engineer - Steel Erection Party Chief
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $69.15
Supplemental Benefit Rate per Hour: $36.01
Supplemental Note: Overtime benefit rate - $50.54 per hour (time & one half), $65.07 per hour (double time).

Field Engineer - Steel Erection Instrument Person

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $53.88
Supplemental Benefit Rate per Hour: $36.01
Supplemental Note: Overtime benefit rate - $50.54 per hour (time & one half), $65.07 per hour (double time).

Field Engineer - Steel Erection Rodperson

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $36.04
Supplemental Benefit Rate per Hour: $36.01
Supplemental Note: Overtime benefit rate - $50.54 per hour (time & one half), $65.07 per hour (double time).

Overtime Description
Time and one half the regular rate for Saturday for the first eight hours worked.
Double time the regular rate for Saturday for work performed in excess of eight hours.

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Overtime
Time and one half the regular rate after an 8 hour day.
Double time the regular rate for Sunday.
Double time the regular rate for work on the following holiday(s).

Paid Holidays
New Year's Day
Lincoln's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
Employees must work at least one day in the payroll week in which the holiday occurs to receive the paid holiday

(Operating Engineer Local #15-D)

ENGINEER - OPERATING
Operating Engineer - Road & Heavy Construction I
Back Filling Machines, Cranes, Mucking Machines and Dual Drum Paver.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $84.47
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $135.15

Operating Engineer - Road & Heavy Construction II

Backhoes, Power Shovels, Hydraulic Clam Shells, Steel Erection, Moles and machines of a similar nature.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $87.39
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $139.82

Operating Engineer - Road & Heavy Construction III

Mine Hoists (Cranes, etc. when used as Mine Hoists)

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $90.15
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $144.24

Operating Engineer - Road & Heavy Construction IV

Gradealls, Keystones, Cranes on land or water (with digging buckets), Bridge Cranes, Vermeer Cutter and
machines of a similar nature, Trenching Machines.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $88.02
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $140.83

Operating Engineer - Road & Heavy Construction V

Pile Drivers & Rigs (working alongside Dock Builder foreperson): Derrick Boats, Tunnel Shovels.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $86.31
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $138.10

Operating Engineer - Road & Heavy Construction VI

Mixers (Concrete with loading attachment), Concrete Pavers, Cableways, Land Derricks, Power Houses (Low Air
Pressure Units).

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $82.08
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $131.33

Operating Engineer - Road & Heavy Construction VII

Barrier Movers, Barrier Transport and Machines of a Similar Nature.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $66.62
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $106.59

Operating Engineer - Road & Heavy Construction VIII

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Utility Compressors

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $52.08
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $65.21

Operating Engineer - Road & Heavy Construction IX

Horizontal Boring Rig

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $78.15
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: 125.04

Operating Engineer - Road & Heavy Construction X

Elevators (manually operated as personnel hoist).

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $71.97
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $115.15

Operating Engineer - Road & Heavy Construction XI

Compressors (Portable 3 or more in battery), Driving of Truck Mounted Compressors, Well-point Pumps, Tugger
Machines Well Point Pumps, Churn Drill.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $56.26
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $90.02

Operating Engineer - Road & Heavy Construction XII

All Drills and Machines of a similar nature.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $82.94
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $132.70

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Operating Engineer - Road & Heavy Construction XIII

Concrete Pumps, Concrete Plant, Stone Crushers, Double Drum Hoist, Power Houses (other than above).

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $80.38
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $128.61

Operating Engineer - Road & Heavy Construction XIV

Concrete Mixer

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $76.91
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $123.06

Operating Engineer - Road & Heavy Construction XV

Compressors (Portable Single or two in Battery, not over 100 feet apart), Pumps (River Cofferdam) and Welding
Machines, Push Button Machines, All Engines Irrespective of Power (Power-Pac) used to drive auxiliary
equipment, Air, Hydraulic, etc.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $52.41
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $83.86

Operating Engineer - Road & Heavy Construction XVI

Concrete Breaking Machines, Hoists (Single Drum), Load Masters, Locomotives (over ten tons) and Dinkies over
ten tons, Hydraulic Crane-Second Engineer.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $73.53
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $117.65

Operating Engineer - Road & Heavy Construction XVII

On-Site concrete plant engineer, On-site Asphalt Plant Engineer, and Vibratory console.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $74.07
Supplemental Benefit Rate per Hour: $32.95

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Supplemental Note: $59.95 overtime hours

Off-Shift Wage Rate: $118.51

Operating Engineer - Road & Heavy Construction XVIII

Tower Crane

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $105.59
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $168.94

Operating Engineer - Paving I

Asphalt Spreaders, Autogrades (C.M.I.), Roto/Mil

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $82.08
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $131.33

Operating Engineer - Paving II

Asphalt Roller

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $80.01
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $128.02

Operating Engineer - Paving III

Asphalt Plants

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $67.92
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $108.67

Operating Engineer - Concrete I

Cranes

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $87.64

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Supplemental Benefit Rate per Hour: $32.95

Supplemental Note: $59.95 overtime hours

Operating Engineer - Concrete II

Compressors

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $52.80
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours

Operating Engineer - Concrete III

Micro-traps (Negative Air Machines), Vac-All Remediation System.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $70.36
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours

Operating Engineer - Steel Erection I

Three Drum Derricks

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $90.61
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $144.98

Operating Engineer - Steel Erection II

Cranes, 2 Drum Derricks, Hydraulic Cranes, Fork Lifts and Boom Trucks.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $87.12
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $139.39

Operating Engineer - Steel Erection III

Compressors, Welding Machines.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $52.37
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95overtime hours
Off-Shift Wage Rate: $83.79

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Operating Engineer - Steel Erection IV

Compressors - Not Combined with Welding Machine.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $49.93
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
Off-Shift Wage Rate: $79.89

Operating Engineer - Building Work I

Forklifts, Plaster (Platform machine), Plaster Bucket, Concrete Pump and all other equipment used for hoisting
material.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $69.51
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours

Operating Engineer - Building Work II

Compressors, Welding Machines (Cutting Concrete-Tank Work), Paint Spraying, Sandblasting, Pumps (with the
exclusion of Concrete Pumps), All Engines irrespective of Power (Power-Pac) used to drive Auxiliary Equipment,
Air, Hydraulic, Jacking System, etc.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $52.21
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours

Operating Engineer - Building Work III

Double Drum

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $79.02
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours

Operating Engineer - Building Work IV

Stone Derrick, Cranes, Hydraulic Cranes Boom Trucks.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $83.68
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Operating Engineer - Building Work V

Dismantling and Erection of Cranes, Relief Engineer.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $77.15
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours

Operating Engineer - Building Work VI

4 Pole Hoist, Single Drum Hoists.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $76.35
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours

Operating Engineer - Building Work VII

Rack & Pinion and House Cars

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $60.84
Supplemental Benefit Rate per Hour: $32.95
Supplemental Note: $59.95 overtime hours
For New House Car projects Wage Rate per Hour $48.70

Overtime Description
On jobs of more than one shift, if an Employee fails to report for work through any cause over which the
Employer has no control, the Employee on duty will continue to work at the rate of single time.

For House Cars and Rack & Pinion only: Overtime paid at time and one-half for all hours in excess of eight hours
in a day, Saturday, Sunday and Holidays worked.

Overtime
Double time the regular rate after an 8 hour day.
Double time the regular time rate for Saturday.
Double time the regular rate for Sunday.
Double time the regular rate for work on the following holiday(s).

Paid Holidays
New Year's Day
Lincoln's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Day after Thanksgiving

Christmas Day
Employees must work at least one day in the payroll week in which the holiday occurs to receive the paid holiday

Shift Rates
When two (2) or more shifts are employed, single time will be paid for each shift.
For Steel Erection Only: Shifts may be worked at the single time rate at other than the regular working hours
(8:00 A.M. to 4:30 P.M.) on the following work ONLY: Heavy construction jobs on work below the street level,
over railroad tracks and on building jobs.

(Operating Engineer Local #14)

FLOOR COVERER
(Interior vinyl composition tile, sheath vinyl linoleum and wood parquet tile
including site preparation and synthetic turf not including site preparation)

Floor Coverer
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $54.00
Supplemental Benefit Rate per Hour: $46.88

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Saturday may be used as a make-up day at straight time when a day is lost during that week to inclement
weather.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Presidential Election Day
Thanksgiving Day
Day after Thanksgiving
Day before Christmas
Christmas Day
Day before New Year's Day

Shift Rates

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Two shifts may be utilized with the first shift working 8 a.m. to the end of the shift at straight time rate of pay. The
wage rate for the second shift consisting of 7 hours shall be paid at 114.29% of straight time wage rate. The wage
rate for the second shift consisting of 8 hours shall be paid 112.5% of the straight time wage rate. When it is not
possible to conduct alteration or repair work during regular working hours in a building occupied by tenants, the
rule for the second shift will apply.

(Carpenters District Council)

GLAZIER
(New Construction, Remodeling, and Alteration)

Glazier
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $46.55
Supplemental Benefit Rate per Hour: $45.34
Supplemental Note: Supplemental Benefit Overtime Rate: $68.03

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Time and one half the regular rate for Sunday.

Overtime Holidays
Time and one half the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Paid Holidays
None

Shift Rates
Shifts shall be any 8 consecutive hours after the normal working day for which the Glazier shall receive 9 hours
pay for 8 hours worked.

(Local #1281)

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

GLAZIER - REPAIR & MAINTENANCE

(For the Installation of Glass - All repair and maintenance work on a particular
building.)

Craft Jurisdiction for repair, maintenance and fabrication

Plate glass replacement, Residential glass replacement, Residential mirrors and shower doors, Storm windows
and storm doors, Residential replacement windows, Herculite door repairs, Door closer repairs, Retrofit
apartment house (non-commercial buildings), Glass tinting.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $26.02
Supplemental Benefit Rate per Hour: $23.19

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Sunday.
Time and one half the regular rate for work on the following holiday(s).
Time and one half the regular hourly rate after 40 straight time hours in any work week.

Paid Holidays
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Employees must work at least one day in the payroll week in which the holiday occurs to receive the paid holiday

(Local #1281)

HAZARDOUS MATERIAL HANDLER

(Removal, abatement, encapsulation or decontamination of asbestos, lead,
mold, or other toxic or hazardous waste/materials)

Handler
Effective Period: 7/1/2020 - 9/6/2020
Wage Rate per Hour: $37.50
Supplemental Benefit Rate per Hour: $16.95

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Effective Period: 9/7/2020 - 6/30/2021

Wage Rate per Hour: $38.05
Supplemental Benefit Rate per Hour: $17.75

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Sunday.
Time and one half the regular hourly rate after 40 straight time hours in any work week.

Overtime Holidays
Time and one half the regular rate for work on the following holiday(s).
New Year's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
Easter

Paid Holidays
None

(Local #78 and Local #12A)

HEAT AND FROST INSULATOR

Heat & Frost Insulator
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $62.01
Supplemental Benefit Rate per Hour: $41.16

Overtime Description
Double time shall be paid for supplemental benefits during overtime work.
8th hour paid at time and one half.

Overtime
Double time the regular rate after an 8 hour day.
Double time the regular time rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Martin Luther King Jr. Day

President's Day
Memorial Day
Independence Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Triple time the regular rate for work on the following holiday(s).
Labor Day

Paid Holidays
None

Shift Rates
The first shift shall work seven hours at the regular straight time rate. The second and third shift shall work
seven hours the regular straight time hourly rate plus a fourteen percent wage and benefit premium.There must
be a first shift to work the second shift, and a second shift to work the third shift. Off-hour jobs in occupied
buildings may be worked on weekdays with an increment of one-dollar ($1.00) per hour and eight (8) hours pay
for seven (7) hours worked.

(Local #12) (BCA)

HOUSE WRECKER
(TOTAL DEMOLITION)

House Wrecker - Tier A

On all work sites the first, second, eleventh and every third House Wrecker thereafter will be Tier A House
Wreckers (i.e. 1st, 2nd, 11th, 14th etc). Other House Wreckers may be Tier B House Wreckers.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $37.18
Supplemental Benefit Rate per Hour: $30.07

House Wrecker - Tier B

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $26.41
Supplemental Benefit Rate per Hour: $22.48

Overtime
Time and one half the regular rate after an 8 hour day.

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Time and one half the regular rate for Saturday.

Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day

Paid Holidays
None

(Mason Tenders District Council)

IRON WORKER - ORNAMENTAL

Iron Worker - Ornamental
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $45.65
Supplemental Benefit Rate per Hour: $57.62
Supplemental Note: Supplemental benefits are to be paid at the applicable overtime rate when overtime is in
effect.

Overtime Description
Time and one half the regular rate after a 7 hour day for a maximum of two hours on any regular work day (the
8th and 9th hour) and double time shall be paid for all work on a regular work day thereafter, time and one half
the regular rate for Saturday for the first seven hours of work and double time shall be paid for all work on a
Saturday thereafter.

Overtime
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Paid Holidays
None

Shift Rates
When two or three shifts are employed on a job, Monday through Friday, the second and third shift are paid eight
and one half (8 ½) hours at the straight time rate for seven (7) hours of work, and ten (10) hours at the straight
time rate for eight (8) hours of work. When it is not possible to conduct alteration or repair work during regular
working hours in a building occupied by tenants, eight hours will be paid at straight time rate for seven hours of
work.

(Local #580)

IRON WORKER - STRUCTURAL

Iron Worker - Structural
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $52.70
Supplemental Benefit Rate per Hour: $80.82
Supplemental Note: Supplemental benefits are to be paid at the applicable overtime rate when overtime is in
effect.

Overtime Description
Monday through Friday- the first eight hours are paid at straight time, the 9th and 10th hours are paid at time and
one-half the regular rate, all additional weekday overtime is paid at double the regular rate. Saturdays- the first
eight hours are paid at time and one-half the regular rate, double time thereafter. Sunday-all shifts are paid at
double time. Four Days a week at Ten (10) hours straight time is allowed.

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day

Paid Holidays
1/2 day on Christmas Eve if work is performed in the A.M.
1/2 day on New Year's Eve if work is performed in the A.M.

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Shift Rates
Monday through Friday - First Shift: First eight hours are paid at straight time, the 9th & 10th hours are paid at
time and a half, double time paid thereafter. Second and third Shifts: First eight hours are paid at time and one-
half, double time thereafter. Saturdays: All shifts, first eight hours paid at time and one-half, double time
thereafter: Sunday all shifts are paid at double time.

(Local #40 & #361)

LABORER
(Foundation, Concrete, Excavating, Street Pipe Layer and Common)

Laborer
Excavation and foundation work for buildings, heavy construction, engineering work, and hazardous waste
removal in connection with the above work. Landscaping tasks in connection with heavy construction work,
engineering work and building projects. Projects include, but are not limited to pollution plants, sewers, parks,
subways, bridges, highways, etc.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $43.00
Supplemental Benefit Rate per Hour: $46.63

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Thanksgiving Day
Christmas Day

Paid Holidays
Labor Day
Thanksgiving Day

Shift Rates
When two shifts are employed, single time rate shall be paid for each shift. When three shifts are found
necessary, each shift shall work seven and one half hours (7 ½), but shall be paid for eight (8) hours of labor, and
be permitted one half hour for lunch.

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

(Local #731)

LANDSCAPING
(Landscaping tasks, as well as tree pruning, tree removing, spraying and
maintenance in connection with Green Infrastructure projects, the planting of
street trees and trees in city parks but not when such activities are performed as
part of, or in connection with, other construction or reconstruction projects.)

Landscaper (Year 6 and above)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $32.80
Supplemental Benefit Rate per Hour: $16.55

Landscaper (Year 3 - 5)
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $31.74
Supplemental Benefit Rate per Hour: $16.55

Landscaper (up to 3 years)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $29.08
Supplemental Benefit Rate per Hour: $16.55

Groundperson
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $29.08
Supplemental Benefit Rate per Hour: $16.55

Tree Remover / Pruner

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $38.14
Supplemental Benefit Rate per Hour: $16.55

Landscaper Sprayer (Pesticide Applicator)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $27.48

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Supplemental Benefit Rate per Hour: $16.55

Watering - Plant Maintainer

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $22.12
Supplemental Benefit Rate per Hour: $16.55

Overtime Description
For all overtime work performed, supplemental benefits shall include an additional seventy-five ($0.75) cents per
hour.

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Time and one half the regular rate for work on a holiday plus the day's pay.

Paid Holidays
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day

Shift Rates
Work performed on a 4pm to 12am shift has a 15% differential. Work performed on a 12am to 8am shift has a
20% differential.

(Local #175)

MARBLE MECHANIC
Marble Setter
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $55.35
Supplemental Benefit Rate per Hour: $41.26

Marble Finisher
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $43.37
Supplemental Benefit Rate per Hour: $38.71

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Marble Polisher
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $41.41
Supplemental Benefit Rate per Hour: $30.93

Marble Maintenance Finisher

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $25.53
Supplemental Benefit Rate per Hour: $13.46

Overtime Description
Supplemental Benefit contributions are to be made at the applicable overtime rates. Time and one half the
regular rate after a 7 hour day or time and one half the regular rate after an 8 hour day - chosen by Employer at
the start of the project and then would last for the full duration of the project.

Overtime
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Paid Holidays
None

(Local #7)

MASON TENDER
Mason Tender
Effective Period: 7/1/2020 - 6/30/2021

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Wage Rate per Hour: $38.40

Supplemental Benefit Rate per Hour: $31.04

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Saturday may be used as a make-up day at straight time when a day is lost during that week to inclement
weather.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day

Paid Holidays
None

Shift Rates
The employer may work two (2) shifts with the first shift at the straight time wage rate and the second shift
receiving eight (8) hours paid for seven (7) hours work at the straight time wage rate. When it is not possible to
conduct alteration work during regular working hours in a building occupied by tenants, the rule for the second
shift will apply.

(Local #79)

MASON TENDER (INTERIOR DEMOLITION WORKER)

Mason Tender Tier A
Tier A Interior Demolition Worker performs all burning, chopping, and other technically skilled tasks related to
interior demolition work.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $36.84
Supplemental Benefit Rate per Hour: $24.90

Mason Tender Tier B

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Tier B Interior Demolition Worker performs manual work and work incidental to demolition work, such as loading
and carting of debris from the work site to an area where it can be loaded in to bins/trucks for removal. Also
performs clean-up of the site when demolition is completed.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $26.03
Supplemental Benefit Rate per Hour: $19.22

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day

Paid Holidays
None

(Local #79)

METALLIC LATHER
Metallic Lather
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $46.25
Supplemental Benefit Rate per Hour: $48.15
Supplemental Note: For time and one half overtime - $59.40 For double overtime - $74.65

Overtime Description
Overtime would be time and one half the regular rate after a seven (7) or eight (8) hours workday, which would be
set at the start of the job.

Overtime
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

New Year's Day

Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Thanksgiving Day
Christmas Day

Paid Holidays
1/2 day on Christmas Eve if work is performed in the A.M.
1/2 day on New Year's Eve if work is performed in the A.M.

Shift Rates
Off-shift work outside of normal working hours shall receive straight time rate plus $12 per hour for the first
seven (7) or eight (8) hours.

(Local #46)

MILLWRIGHT
Millwright
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $55.70
Supplemental Benefit Rate per Hour: $54.31

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Saturday may be used as a make-up day at straight time when a day is lost during that week to inclement
weather.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Presidential Election Day
Veteran's Day
Thanksgiving Day
Christmas Day

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Paid Holidays
1/2 day on Christmas Eve if work is performed in the A.M.
1/2 day on New Year's Eve if work is performed in the A.M.

Shift Rates
Second shift receives the straight time rate of pay plus fifteen (15%) percent allowing for one half hour for a meal.
There must be a first shift to work a second shift. All additional hours worked shall be paid at the time and one-
half rate of pay plus fifteen (15%) percent for weekday hours.

(Local #740)

MOSAIC MECHANIC
Mosaic Mechanic - Mosaic & Terrazzo Mechanic
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $50.82
Supplemental Benefit Rate per Hour: $42.73

Mosaic Mechanic - Mosaic & Terrazzo Finisher

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $49.22
Supplemental Benefit Rate per Hour: $42.73

Mosaic Mechanic - Machine Operator Grinder

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $49.22
Supplemental Benefit Rate per Hour: $42.73

Overtime
Time and one half the regular rate after a 7 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
Washington's Birthday
Good Friday
Independence Day
Labor Day
Columbus Day

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Paid Holidays
None

(Local #7)

PAINTER
Painter - Brush & Roller
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $43.00
Supplemental Benefit Rate per Hour: $34.70
Supplemental Note: $40.99 on overtime

Spray & Scaffold / Decorative / Sandblast

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $46.00
Supplemental Benefit Rate per Hour: $34.70
Supplemental Note: $ 40.99 on overtime

Overtime
Time and one half the regular rate after a 7 hour day.
Time and one half the regular rate for Saturday.
Time and one half the regular rate for Sunday.

Overtime Holidays
Time and one half the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Thanksgiving Day
Christmas Day

Paid Holidays
None

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

(District Council of Painters #9)

PAINTER - LINE STRIPING (ROADWAY)

Striping - Machine Operator
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $36.00
Supplemental Benefit Rate per Hour: $13.37
Supplemental Note: Overtime Supplemental Benefit rate - $15.00

Lineperson (Thermoplastic)
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $40.00
Supplemental Benefit Rate per Hour: $13.37
Supplemental Note: Overtime Supplemental Benefit rate - $15.00

Overtime Description
Time and one half the regular rate for all work in excess of ten (10) straight time hours per day and in excess of
forty (40) straight time hours per week.

For Paid Holidays: Employees will only receive Holiday Pay for holidays not worked if said employee worked
both the regularly scheduled workday before and after the holiday.

Overtime
Time and one half the regular rate for Saturday.
Time and one half the regular rate for Sunday.
Time and one half the regular rate for work on the following holiday(s).

Paid Holidays
New Year's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Presidential Election Day
Thanksgiving Day
Christmas Day

Vacation
Employees with one to two years service shall accrue vacation based on hours worked: 250 hours worked - 1
day vacation; 500 hours worked - 2 days vacation; 750 hours worked - 3 days vacation; 900 hours worked - 4
days vacation; 1,000 hours worked - 5 days vacation. Employees with two to five years service receive two weeks
vacation. Employees with five to twenty years service receive three weeks vacation. Employees with twenty to
twenty-five years service receive four weeks vacation. Employees with 25 or more years service receive five
weeks vacation.

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

(Local #1010)

PAINTER - METAL POLISHER

METAL POLISHER
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $31.08
Supplemental Benefit Rate per Hour: $9.59

METAL POLISHER - NEW CONSTRUCTION

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $32.03
Supplemental Benefit Rate per Hour: $9.59

METAL POLISHER - SCAFFOLD OVER 34 FEET

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $34.58
Supplemental Benefit Rate per Hour: $9.59

Overtime Description
All work performed on Saturdays shall be paid at time-in-a half. The exception being; for suspended scaffold
work and work deemed as a construction project; an eight (8) hour shift lost during the week due to
circumstances beyond the control of the employer, up to a maximum of eight (8) hours per week, may be worked
on Saturday at the straight time rate. Four Days a week at Ten (10) hours straight time is allowed.

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Saturday may be used as a make-up day at straight time when a day is lost during that week to inclement
weather.
Triple time the regular rate for work on the following holiday(s).

Paid Holidays
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Election Day
Thanksgiving Day
Day after Thanksgiving

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Christmas Day

Local 8A-28A

PAINTER - SIGN
Sign Painter
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $43.13
Supplemental Benefit Rate per Hour: $21.13

Assistant Sign Painter

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $36.65
Supplemental Benefit Rate per Hour: $19.40

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Time and one half the regular rate for Sunday.
Double time the regular rate for work on the following holiday(s).

Paid Holidays
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Election Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Vacation
At least 1 year of employment.......................................1 week
2 years or more of employment.....................................2 weeks
8 years or more of employment.....................................3 weeks

(Local #8A-28A)

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

PAINTER - STRUCTURAL STEEL

Painters on Structural Steel
Effective Period: 7/1/2020 - 9/30/2020
Wage Rate per Hour: $50.25
Supplemental Benefit Rate per Hour: $46.53

Effective Period: 10/1/2020 - 6/30/2021

Wage Rate per Hour: $51.50
Supplemental Benefit Rate per Hour: $48.28

Painter - Power Tool

Effective Period: 7/1/2020 - 9/30/2020
Wage Rate per Hour: $56.25
Supplemental Benefit Rate per Hour: $46.53
Overtime Wage Rate: $6.00 above the "Painters on Structural Steel" overtime rate.

Effective Period: 10/1/2020 - 6/30/2021

Wage Rate per Hour: $57.50
Supplemental Benefit Rate per Hour: $48.28
Overtime Wage Rate: $6.00 above the "Painters on Structural Steel" overtime rate.

Overtime Description
Supplemental Benefits shall be paid for each hour worked, up to forty (40) hours per week for the period of May
1st to November 15th or up to fifty (50) hours per week for the period of November 16th to April 30th.

Overtime
Time and one half the regular rate after a 7 hour day.
Time and one half the regular rate for Saturday.
Time and one half the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day

Paid Holidays
None

Shift Rates
Second shift is paid at regular hourly wage rates plus a ten percent (10%) differential. There must be a first shift
in order to work a second shift.

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

(Local #806)

PAPERHANGER
Paperhanger
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $46.00
Supplemental Benefit Rate per Hour: $36.36
Supplemental Note: Supplemental benefits are to be paid at the appropriate straight time and overtime rate.

Overtime
Time and one half the regular rate after a 7 hour day.
Time and one half the regular rate for Saturday.
Time and one half the regular rate for Sunday.

Overtime Holidays
Time and one half the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Paid Holidays
None

Shift Rates
Evening shift - 4:30 P.M. to 12:00 Midnight (regular rate of pay); any work performed before 7:00 A.M. shall be at
time and one half the regular base rate of pay.

(District Council of Painters #9)

PAVER AND ROADBUILDER

Paver & Roadbuilder - Formsetter
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $47.35

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Supplemental Benefit Rate per Hour: $46.71

Supplemental Note: For time and one half overtime - $50.71 For double overtime - $54.71

Paver & Roadbuilder - Laborer

Paving and road construction work, regardless of material used, including but not limited to preparation of job
sites, removal of old surfaces, asphalt and/or concrete, by whatever method, including but not limited to milling;
laying of concrete; laying of asphalt for temporary, patchwork, and utility paving (but not production paving); site
preparation and incidental work for installation of rubberized materials and similar surfaces; installation and
repair of temporary construction fencing; slurry/seal coating, paving stones, maintenance of safety surfaces;
play equipment installation, and other related work.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $43.48
Supplemental Benefit Rate per Hour: $46.71
Supplemental Note: For time and one half overtime - $50.71 For double overtime - $54.71

Production Paver & Roadbuilder - Screed Person

(Production paving is asphalt paving when using a paving machine or on a project where a paving machine is
traditionally used)

Adjustment of paving machinery on production paving jobs.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $47.95
Supplemental Benefit Rate per Hour: $46.71
Supplemental Note: For time and one half overtime - $50.71 For double overtime - $54.71

Production Paver & Roadbuilder - Raker

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $47.35
Supplemental Benefit Rate per Hour: $46.71
Supplemental Note: For time and one half overtime - $50.71 For double overtime - $54.71

Production Paver & Roadbuilder - Shoveler

General laborer (except removal of surfaces - see Paver and Roadbuilder-Laborer) including but not limited to
tamper, AC paint and liquid tar work.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $43.48
Supplemental Benefit Rate per Hour: $46.71
Supplemental Note: For time and one half overtime - $50.71 For double overtime - $54.71

Overtime Description
If an employee works New Year's Day or Christmas Day, they receive the single time rate plus 25%.

For Paid Holidays: Holiday pay for all holidays shall be prorated based two hours per day for each day worked in
the holiday week, not to exceed 8 hours of holiday pay.

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
Memorial Day
Independence Day
Labor Day
Columbus Day
Thanksgiving Day

Paid Holidays
Memorial Day
Independence Day
Labor Day
Thanksgiving Day

Shift Rates
When two shifts are employed, the work period for each shift shall be a continuous eight (8) hours. When three
shifts are employed, each shift will work seven and one half (7 ½) hours but will be paid for eight (8) hours since
only one half (1/2) hour is allowed for meal time.
When two or more shifts are employed, single time will be paid for each shift.

Night Work - On night work, the first eight (8) hours of work will be paid for at the single time rate, except that
production paving work shall be paid at 10% over the single time rate for the screed person, rakers and
shovelers directly involved only. This differential is to be paid when there is only one shift and the shift works at
night. All other workers will be exempt. Hours worked over eight (8) hours during said shift shall be paid for at
the time and one-half rate.

(Local #1010)

PLASTERER
Plasterer
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $45.73
Supplemental Benefit Rate per Hour: $27.37

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Saturday may be used as a make-up day at straight time when a day is lost during that week to inclement
weather.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day

Paid Holidays
None

Shift Rates
When it is not possible to conduct work during regular working hours (between 6:30am and 4:30pm), a shift
differential shall be paid at the regular hourly rate plus a twelve percent (12%) per hour differential. Workers on
shift work shall be allowed a paid one-half hour meal break.

(Local #262)

PLASTERER - TENDER
Plasterer - Tender
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $38.40
Supplemental Benefit Rate per Hour: $31.04

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Saturday may be used as a make-up day at straight time when a day is lost during that week to inclement
weather.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Presidential Election Day
Thanksgiving Day

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Christmas Day

Paid Holidays
None

Shift Rates
When work commences outside regular work hours, workers receive an hour additional (differential) wage and
supplement payment. Eight hours pay for seven hours work or nine hours pay for eight hours work.

(Mason Tenders District Council)

PLUMBER
Plumber
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $70.35
Supplemental Benefit Rate per Hour: $37.85
Supplemental Note: Supplemental benefit contributions are to be made at the applicable overtime rates.

Plumber - Temporary Services

Temporary Services - When there are no Plumbers on the job site, there may be three shifts designed to cover
the entire twenty-four hour period, including weekends if necessary, at the following rate straight time.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $56.36
Supplemental Benefit Rate per Hour: $30.20

Overtime Description
Double time the regular rate after a 7 hour or 8 hours per day at the employers option.

Overtime
Double time the regular time rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Day after Thanksgiving

Christmas Day

Shift Rates
30% shift premium shall be paid for wages and fringe benefits for 4:00 pm and midnight shifts Monday to Friday.
50% shift premium shall be paid for wages and fringe benefits for 4:00 pm and midnight shift work performed on
weekends. For shift work on holidays, double time wages and fringe benefits shall be paid.

(Plumbers Local #1)

PLUMBER (MECHNICAL EQUIPMENT AND SERVICE)

(Mechanical Equipment and Service work shall include any repair and/or
replacement of the present plumbing system.)

Plumber
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $44.37
Supplemental Benefit Rate per Hour: $18.31

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Time and one half the regular rate for Sunday.

Overtime Holidays
Time and one half the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Paid Holidays
None

(Plumbers Local # 1)

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

PLUMBER (RESIDENTIAL RATES FOR 1, 2 AND 3 FAMILY HOME

CONSTRUCTION)
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $48.84
Supplemental Benefit Rate per Hour: $27.20

Overtime
Double time the regular rate after an 8 hour day.
Double time the regular time rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Paid Holidays
None

Shift Rates
30% shift premium shall be paid for wages and fringe benefits for 4:00 pm and midnight shifts Monday to Friday.
50% shift premium shall be paid for wages and fringe benefits for 4:00 pm and midnight shift work performed on
weekends. For shift work on holidays, double time wages and fringe benefits shall be paid.

(Plumbers Local #1)

PLUMBER: PUMP & TANK

Oil Trades (Installation and Maintenance)

Plumber - Pump & Tank

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $68.38
Supplemental Benefit Rate per Hour: $26.33

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Time and one half the regular rate for Sunday.

Overtime Holidays
Time and one half the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Paid Holidays
None

Shift Rates
All work outside the regular workday (8:00 A.M. to 3:30 P.M.) is to be paid at time and one half the regular hourly
rate

(Plumbers Local #1)

POINTER, WATERPROOFER, CAULKER, SANDBLASTER,

STEAMBLASTER
(Exterior Building Renovation)

Journeyperson
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $54.39
Supplemental Benefit Rate per Hour: $27.79

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Time and one half the regular rate for Sunday.
Saturday may be used as a make-up day at straight time when a day is lost during that week to inclement
weather.

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Overtime Holidays
Time and one half the regular rate for work on the following holiday(s).
New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day

Paid Holidays
None

Shift Rates
All work outside the regular work day (an eight hour workday between the hours of 6:00 A.M. and 4:00 P.M.) is to
be paid at time and one half the regular rate. However, the employer may establish one (1) or two (2) shifts
starting at or after 4:00 P.M. to be paid at the regular hourly rate plus a 10% differential.

(Bricklayer District Council)

ROOFER
Roofer
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $44.25
Supplemental Benefit Rate per Hour: $34.81

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Time and one half the regular rate for Sunday.

Overtime Holidays
Time and one half the regular rate for work on the following holiday(s).
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day

Paid Holidays
None

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Shift Rates
Second shift - Regular hourly rate plus a 10% differential. Third shift - Regular hourly rate plus a 15% differential.
There must be a first shift to work the second shift, and a second shift to work the third shift. All other work
outside the regular work day (an eight hour workday between the hours of 5:00 A.M. and 4:00 P.M.) is to be paid
at time and one half the regular rate.

(Local #8)

SHEET METAL WORKER

Sheet Metal Worker
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $50.61
Supplemental Benefit Rate per Hour: $52.09
Supplemental Note: Supplemental benefit contributions are to be made at the applicable overtime rates.

Sheet Metal Worker - Fan Maintenance

(The temporary operation of fans or blowers in new or existing buildings for heating and/or ventilation, and/or air
conditioning prior to the completion of the project.)

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $40.49
Supplemental Benefit Rate per Hour: $52.09

Sheet Metal Worker - Duct Cleaner

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $18.26
Supplemental Benefit Rate per Hour: $11.63

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Paid Holidays
None

Shift Rates
Work that can only be performed outside regular working hours (eight hours of work between 7:30 A.M. and 3:30
P.M.) - First shift (work between 3:30 P.M. and 11:30 P.M.) - 10% differential above the established hourly rate.
Second shift (work between 11:30 P.M. and 7:30 A.M.) - 15% differential above the established hourly rate.

For Fan Maintenance: On all full shifts of fan maintenance work the straight time hourly rate of pay will be paid
for each shift, including nights, Saturdays, Sundays, and holidays.

(Local #28

SHEET METAL WORKER - SPECIALTY

(Decking & Siding)

Sheet Metal Specialty Worker

The first worker to perform this work must be paid at the rate of the Sheet Metal Worker. The second and third
workers shall be paid the Specialty Worker Rate. The ratio of One Sheet Metal Worker, then Two Specialty
Workers shall be utilized thereafter.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $47.66
Supplemental Benefit Rate per Hour: $25.99
Supplemental Note: Supplemental benefit contributions are to be made at the applicable overtime rates.

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Veteran's Day
Thanksgiving Day
Christmas Day

Paid Holidays
None

(Local #28)

SHIPYARD WORKER
Shipyard Mechanic - First Class
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $28.50
Supplemental Benefit Rate per Hour: $3.95

Shipyard Mechanic - Second Class

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $19.07
Supplemental Benefit Rate per Hour: $3.59

Shipyard Laborer - First Class

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $23.40
Supplemental Benefit Rate per Hour: $3.75

Shipyard Laborer - Second Class

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $17.38
Supplemental Benefit Rate per Hour: $3.52

Shipyard Dockhand - First Class

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $21.57
Supplemental Benefit Rate per Hour: $3.68

Shipyard Dockhand - Second Class

Effective Period: 7/1/2020 - 6/30/2021

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Wage Rate per Hour: $17.28

Supplemental Benefit Rate per Hour: $3.52

Overtime Description
Work performed on holiday is paid double time the regular hourly wage rate plus holiday pay.

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Time and one half the regular hourly rate after 40 straight time hours in any work week.

Paid Holidays
New Year's Day
Martin Luther King Jr. Day
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Based on Survey Data

SIGN ERECTOR
(Sheet Metal, Plastic, Electric, and Neon)

Sign Erector
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $50.79
Supplemental Benefit Rate per Hour: $56.05

Overtime
Time and one half the regular rate after a 7 hour day.
Time and one half the regular rate for Saturday.
Time and one half the regular rate for Sunday.
Time and one half the regular rate for work on the following holiday(s).

Paid Holidays
New Year's Day
President's Day
Memorial Day

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Independence Day
Labor Day
Columbus Day
Election Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Shift Rates
Time and one half the regular hourly rate is to be paid for all hours worked outside the regular workday either
(7:00 A.M. through 2:30 P.M.) or (8:00 A.M. through 3:30 P.M.)

(Local #137)

STEAMFITTER
Steamfitter
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $57.95
Supplemental Benefit Rate per Hour: $57.84
Supplemental Note: Overtime supplemental benefit rate: $114.94

Steamfitter -Temporary Services

When steamfitters are present during the regular working day, no temporary services steamfitter will be required.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $44.04
Supplemental Benefit Rate per Hour: $47.01

Overtime Description
Double Time the regular rate after 7 or 8 hours in a day.

Overtime
Double time the regular time rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day

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Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Paid Holidays
None

Shift Rates
May be performed outside of the regular workday except Saturday, Sunday and Holidays. When shift work is
performed the wage rate for regular time worked is a 15% percent premium on wage and 15% percent premium
on supplemental benefits.

On Transit Authority projects, where work is performed in the vicinity of tracks all shift work on weekends and
holidays may be performed at the regular shift rates.

Local 638

STEAMFITTER - REFRIGERATION AND AIR CONDITIONER

(Maintenance and Installation Service Person)

Refrigeration and Air Conditioner Mechanic

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $42.60
Supplemental Benefit Rate per Hour: $17.96

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Day

Double time and one half the regular rate for work on the following holiday(s).
Martin Luther King Jr. Day
President's Day
Memorial Day
Columbus Day

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Paid Holidays
New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day

(Local #638-B)

STONE MASON - SETTER

Stone Mason - Setter
(Assisted by Derrickperson and Rigger)

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $54.99
Supplemental Benefit Rate per Hour: $45.58

Overtime
Time and one half the regular rate after a 7 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
Washington's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day

Paid Holidays
1/2 day on Christmas Eve if work is performed in the A.M.

Shift Rates
For all work outside the regular workday (8:00 A.M. to 3:30 P.M. Monday through Friday), the pay shall be straight
time plus a ten percent (10%) differential.

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(Bricklayers District Council)

TAPER
Drywall Taper
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $47.82
Supplemental Benefit Rate per Hour: $27.56

Overtime
Time and one half the regular rate after a 7 hour day.
Time and one half the regular rate for Saturday.
Time and one half the regular rate for Sunday.

Overtime Holidays
Time and one half the regular rate for work on the following holiday(s).
New Year's Day
Martin Luther King Jr. Day
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Thanksgiving Day
Christmas Day

Paid Holidays
Any worker who reports to work on Christmas Eve or New Year's Eve pursuant to his employer's instruction
shall be entitled to three (3) hours afternoon pay without working.

(Local #1974)

TELECOMMUNICATION WORKER
(Install/maintain/repair telecommunications cables carrying data, video, and/or
voice except for installation on building construction/alteration/renovation
projects.)

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CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Telecommunication Worker
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $45.88
Supplemental Benefit Rate per Hour: $23.15
Supplemental Note: The above rate applies for Manhattan, Bronx, Brooklyn, Queens. $22.84 for Staten Island
only.

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Time and one half the regular rate for Sunday.

Overtime Holidays
Time and one half the regular rate for work on the following holiday(s).
New Year's Day
Lincoln's Birthday
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Election Day
Veteran's Day
Thanksgiving Day
Christmas Day

Paid Holidays
New Year's Day
Lincoln's Birthday
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Election Day
Veteran's Day
Thanksgiving Day
Christmas Day
Employees have the option of observing either Martin Luther King's Birthday or the day after Thanksgiving
instead of Lincoln's Birthday

Shift Rates
For any workday that starts before 8A.M. or ends after 6P.M. there is a 10% differential for the applicable worker's
hourly rate.

Vacation
After 6 months...........................................................................one week.
After 12 months but less than 7 years....................................two weeks.
After 7 or more but less than 15 years...................................three weeks.
After 15 years or more but less than 25 years.........................four weeks.

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 81 of 88
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

(C.W.A.)

TILE FINISHER
Tile Finisher
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $43.31
Supplemental Benefit Rate per Hour: $34.43

Overtime
Time and one half the regular rate after a 7 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Paid Holidays
None

Shift Rates
Off shift work (performed outside the regular 8:00 A.M. to 3:30 P.M. workday): shift differential of one and one
quarter (1¼) times the regular straight time rate of pay for the seven hours of actual off-shift work.

(Local #7)

TILE LAYER - SETTER

Tile Layer - Setter

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 82 of 88
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $55.86
Supplemental Benefit Rate per Hour: $39.08

Overtime
Time and one half the regular rate after a 7 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).
New Year's Day
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Shift Rates
Off shift work (performed outside the regular 8:00 A.M. to 3:30 P.M. workday): shift differential of one and one
quarter (1¼) times the regular straight time rate of pay for the seven hours of actual off-shift work.

(Local #7)

TIMBERPERSON
Timberperson
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $51.05
Supplemental Benefit Rate per Hour: $51.94

Overtime
Time and one half the regular rate after an 8 hour day.
Time and one half the regular rate for Saturday.
Double time the regular rate for Sunday.
Saturday may be used as a make-up day at straight time when a day is lost during that week to inclement
weather.

Overtime Holidays
Double time the regular rate for work on the following holiday(s).

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

New Year's Day

President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Presidential Election Day
Thanksgiving Day
Christmas Day

Paid Holidays
None

Shift Rates
Off shift work commencing between 5:00 P.M. and 11:00 P.M. shall work eight and one half hours allowing for
one half hour for lunch. The wage rate shall be 113% of the straight time hourly wage rate.

(Local #1536)

TUNNEL WORKER
Blasters, Mucking Machine Operators (Compressed Air Rates)
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $67.00
Supplemental Benefit Rate per Hour: $58.33

Tunnel Workers (Compressed Air Rates)

Includes shield driven liner plate portions or solidification portions work (8 hour shift) during excavation phase.

Effective Period: 7/1/2020 - 6/30/2021

Wage Rate per Hour: $64.63
Supplemental Benefit Rate per Hour: $56.47

Top Nipper (Compressed Air Rates)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $63.53
Supplemental Benefit Rate per Hour: $55.38

Outside Lock Tender, Outside Gauge Tender,Muck Lock Tender (Compressed

Air Rates)
Effective Period: 7/1/2020 - 6/30/2021

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 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Wage Rate per Hour: $62.29

Supplemental Benefit Rate per Hour: $54.44

Bottom Bell & Top Bell Signal Person: Shaft Person (Compressed Air Rates)
Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $62.29
Supplemental Benefit Rate per Hour: $54.44

Changehouse Attendant: Powder Watchperson (Compressed Air Rates)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $54.72
Supplemental Benefit Rate per Hour: $51.24

Blasters (Free Air Rates)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $63.91
Supplemental Benefit Rate per Hour: $56.01

Tunnel Workers (Free Air Rates)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $61.15
Supplemental Benefit Rate per Hour: $53.66

All Others (Free Air Rates)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $56.51
Supplemental Benefit Rate per Hour: $49.67

Microtunneling (Free Air Rates)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $48.92
Supplemental Benefit Rate per Hour: $42.93

Overtime Description
For work performed during excavation and primary concrete tunnel lining phases - Double time the regular rate
after an 8 hour day and Saturday, Sunday and on the following holiday(s) listed below.
For Repair-Maintenance Work on Existing Equipment and Facilities - Time and one half the regular rate after a 7
hour day, Saturday, Sunday and double time the regular rate for work on the following holiday(s) listed below.
For Small-Bore Micro Tunneling Machines - Time and one-half the regular rate shall be paid for all overtime.
For work not listed above - Time and one half the regular rate after an 8 hour day and Saturday and double time
the regular rate on Sunday and on the following holiday(s) listed below.

Paid Holidays
PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 85 of 88
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

New Year's Day

Lincoln's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Election Day
Veteran's Day
Thanksgiving Day
Christmas Day

(Local #147)

UTILITY LOCATOR
(Locate & mark underground utilities for street excavation.)

Utility Locator (Year 7 and above)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $31.56
Supplemental Benefit Rate per Hour: $1.43

Utility Locator (Year 5 - 6)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $22.85
Supplemental Benefit Rate per Hour: $1.43

Utility Locator (Year 4)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $21.54
Supplemental Benefit Rate per Hour: $1.43

Utility Locator (Year 3)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $20.30
Supplemental Benefit Rate per Hour: $1.43

Utility Locator (Year 2)

Effective Period: 7/1/2020 - 6/30/2021

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 86 of 88
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

Wage Rate per Hour: $19.13

Supplemental Benefit Rate per Hour: $1.43

Utility Locator (Year 1)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $18.04
Supplemental Benefit Rate per Hour: $1.43

Utility Locator (Up to 1 year)

Effective Period: 7/1/2020 - 6/30/2021
Wage Rate per Hour: $17.00
Supplemental Benefit Rate per Hour: $1.43
Supplemental Note: No benefits for the first 90 days of employment.

Overtime
Time and one half the regular rate for work on the following holiday(s).
Time and one half the regular hourly rate after 40 straight time hours in any work week.

Paid Holidays
New Year's Day
Memorial Day
Independence Day
Thanksgiving Day
Christmas Day

Shift Rates
10% shift differential to employees working any shift starting between noon and 5 AM.

Vacation
For up to 1 year 0 hours
For year 1 - 2 48 hours per year
For year 3 - 9 96 hours per year
For year 10 or more 144 hours per year

Sick Days:
For up to 1 year employee receives 40 hours paid sick leave.
For year 1 employee earns 2 hours of paid sick leave for every 100 overtime hours worked.
For year 2 - 9 years employee earns 4 hours of paid sick leave for every 100 overtime hours worked.
For year 10 or more employee earns 6 hours of paid sick leave for every 100 overtime hours worked.

(C.W.A.)

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 87 of 88
 OFFICE OF THE COMPTROLLER, CITY OF NEW YORK
CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE

WELDER
TO BE PAID AT THE RATE OF THE JOURNEYPERSON IN THE TRADE
PERFORMING THE WORK.

PUBLISH DATE: 7/1/2020 EFFECTIVE PERIOD: JULY 1, 2020 THROUGH JUNE 30, 2021 Page 88 of 88
 Changes between the 7/1/2019 and 3/15/2020
Single Contract General Conditions
NOTE: The list below is intended as a guide.
The text of the General Conditions and the Addendum to the General Conditions govern.

Section Change
All - Replace the words “shall”, fix typos, clarify language.

01 10 00 - Update references to new PROJECT SCHEDULES Sections in Subsection 1.4 D.

- Revise requirements for mobilization payment in Subsection 1.10 D.

01 31 00 - Update RFI Log submittal frequency

01 32 00 - Remove Construction and Composite Schedule requirements

- Remove Schedule F, revise to new Schedule Submittal requirements in Subsection 2.1

01 32 16.1 - Add new Section – PROJECT SCHEDULES (METHOD A)

01 32 16.2 - Add new Section – PROJECT SCHEDULES (METHOD B)

01 32 16.3 - Add new Section – PROJECT SCHEDULES (METHOD C)

01 33 00 - Revise Shop Drawing and Sample submittal requirements

01 32 33 - Remove film photograph requirements. Update digital photograph requirements.

01 35 06 - Remove Motor Control Equipment spare parts from Subsection 3.8

01 42 00 - Update references and acronyms in Subsection 1.3

01 42 00 - Clarify ICC A117.1 version in Subsection 1.4 A

01 50 00 - Changes to DDC Field Office Requirements in Subsections 3.8 B and 3.8 D

01 73 00 - Add new Subsection 3.24 to provide default allowance payment requirements

01 78 39 - Fix typo in Subsection 2.6 B.

- Add new Subsections for Construction Record Photographs, Final Site Survey, LEED
Materials and Matrix

Addendum - Add 01 32 16.10, 01 32 16.20, 01 32 16.20 to table in Section VII

- Add Checkbox for Dedicated full-time Project Safety Manager to Schedule A
- Delete Schedule F

Discontinue the use of this rider after August 15, 2020

 (NO TEXT ON THIS PAGE)

Discontinue the use of this rider after August 15, 2020

 Issue Date: March 15, 2020

DDC STANDARD GENERAL CONDITIONS

FOR SINGLE CONTRACT PROJECTS

 Issue Date: March 15, 2020

(No Text on This Page)

 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

DIVISION 01 – DDC STANDARD GENERAL CONDITIONS

SINGLE CONTRACT PROJECTS
TABLE OF CONTENTS

SECTION NO. SECTION TITLE

01 10 00 SUMMARY
01 31 00 PROJECT MANAGEMENT AND COORDINATION
01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION
01 32 16.10 PROJECT SCHEDULES (METHOD A)
01 32 16.20 PROJECT SCHEDULES (METHOD B)
01 32 16.30 PROJECT SCHEDULES (METHOD C)
01 32 33 PHOTOGRAPHIC DOCUMENTATION
01 33 00 SUBMITTAL PROCEDURES
01 35 03 GENERAL MECHANICAL REQUIREMENTS
01 35 06 GENERAL ELECTRICAL REQUIREMENTS
01 35 26 SAFETY REQUIREMENTS PROCEDURES
01 35 91 HISTORIC TREATMENT PROCEDURES
01 40 00 QUALITY REQUIREMENTS
01 42 00 REFERENCES
01 50 00 TEMPORARY FACILITIES, SERVICES AND CONTROLS
01 54 11 TEMPORARY ELEVATORS AND HOISTS
01 54 23 TEMPORARY SCAFFOLDING AND PLATFORMS
01 73 00 EXECUTION
01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
01 77 00 CLOSEOUT PROCEDURES
01 78 39 CONTRACT RECORD DOCUMENTS
01 79 00 DEMONSTRATION AND OWNERS PRE-ACCEPTANCE ORIENTATION
01 81 13.03 SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v3 BUILDINGS
01 81 13.04 SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v4 BUILDINGS
VOLATILE ORGANIC COMPOUND (VOC) LIMITS FOR ADHESIVES, SEALANTS, PAINTS
01 81 13.13
AND COATINGS FOR LEED V3 BUILDINGS
01 81 19 INDOOR AIR QUALITY REQUIREMENTS FOR LEED BUILDINGS
01 91 13 GENERAL COMMISSIONING REQUIREMENTS FOR MEP SYSTEMS
01 91 15 GENERAL COMMISSIONING REQUIREMENTS FOR BUILDING ENCLOSURE
 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

(No Text on This Page)

 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

SECTION 01 10 00
SUMMARY

PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].
B. Addendum to the General Conditions: These General Conditions include and are supplemented by the
Addendum to the General Conditions (the “Addendum”). The Addendum includes the following: (1)
schedules referred to in these General Conditions, (2) information regarding the applicability of various
articles, and (3) amended articles, if any.

1.2 SUMMARY:
A. This section includes the following:
1. Scope and Intent
2. Provisions Referenced in the Contract
3. Performance of Work During Non-Regular Work Hours (Pursuant to a Change Order)
4. Interruption of Services at Existing Facilities

1.3 DEFINITIONS:

A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

B. Design Consultant: “Design Consultant” means the entity responsible for providing design services for
the Project, including without limitation, preparing the construction documents (drawings and
specifications) and providing services in connection with such documents during construction. The entity
serving as the “Design Consultant” may be a corporation, firm, partnership, joint venture, individual or
combination thereof. Such entity may be either an employee(s) of the City or an entity engaged by the
City to provide such services.

1.4 SCOPE AND INTENT:

A. Description of Project: Refer to the Addendum for a description of the Project.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 1.4 B

B. LEED: The City of New York will seek U.S. Green Building Council (USGBC) LEED (Leadership in
Energy and Environmental Design) certification for this Project as specified in Section 01 81 13.03
"SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v3 BUILDINGS"; or Section 01 81 13.04
“SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v4 BUILDINGS”, and the Addendum to the
General Conditions.

SUMMARY
01 10 00 - 1
 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 1.4 C

C. COMMISSIONING: The Project will be commissioned by an independent third party under separate
contract with the City of New York. Commissioning must be in accordance with ASHRAE and USGBC
LEED-NC procedures, as described in Section 01 91 13 GENERAL COMMISSIONING
REQUIREMENTS FOR MEP SYSTEMS, and/ or Section 01 91 15 GENERAL COMMISSIONING
REQUIREMENTS FOR BUILDING ENCLOSURE and the Addendum to the General Conditions. The
Contractor must cooperate with the commissioning agent and provide whatever assistance is required.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 1.4 D
D. PROGRESS SCHEDULE: Refer to Section 01 32 16.1 PROGRESS SCHEDULES (METHOD A) or 01
32 16.2 PROGRESS SCHEDULES (METHOD B) or 01 32 16.3 PROGRESS SCHEDULES (METHOD
C) and the Addendum to the General Conditions for requirements of the Project.
E. COMPLETION OF WORK: Work to be done under the Contract is comprised of the furnishing of all
labor, materials, equipment and other appurtenances, and obtaining all regulatory agency approvals
necessary and required to complete the construction work in accordance with the Contract.
F. OMISSION OF DETAILS: All work called for in the Specifications applicable to the Contract but not
shown on the Contract Drawings in their present form, or vice versa, is required, and must be
performed by the Contractor as though it were originally delineated or described. The cost of such work
will be deemed included in the total Contract Price.
G. WORK NOT IN SPECIFICATIONS OR CONTRACT DRAWINGS: Work not particularly specified in the
Specifications nor detailed on the Contract Drawings but involved in carrying out their intent or in the
complete and proper execution of the Work, is required, and must be performed by the Contractor. The
cost of such work will be deemed included in the total Contract Price.
H. SILENCE OF THE SPECIFICATIONS: The apparent silence of the Specifications as to any detail, or
the apparent omission from them of a detailed description concerning any work to be done and
materials to be furnished, will be regarded as meaning that only the best practice is to prevail and that
only the best material and workmanship is to be used and interpretation of the Specifications will be
made upon that basis.
I. CONFLICT BETWEEN CONTRACT DRAWINGS AND SPECIFICATIONS: Should any conflict occur in
or between the Drawings and Specifications, the Contractor will be deemed to have estimated the most
expensive way of doing the Work unless the Contractor asked for and obtained a decision in writing
from the Commissioner before the submission of the bid as to what must govern.

1.5 CONTRACT DRAWINGS AND SPECIFICATIONS:

A. SCHEDULE C - The Contract Drawings are listed in Schedule C, which is set forth in the Addendum.
Such drawings referred to in the Contract, and in the applicable Specifications for the Contract, bear the
general title:
City of New York
Department of Design and Construction
Division of Public Buildings
B. DOCUMENTS FURNISHED TO THE CONTRACTOR - After the award of the Contract, the Contractor
will be furnished with five (5) complete sets of paper prints of all Contract Drawings mentioned in
Paragraph A above, as well as a copy of the Specifications.
C. ADDITIONAL COPIES of Drawings and Specifications, when requested, will be furnished to the
Contractor if available.

SUMMARY
01 10 00 - 2
 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

D. SUPPLEMENTARY DRAWINGS - When, in the opinion of the Commissioner, it becomes necessary to

more fully explain the work to be done, or to illustrate the work further, or to show any changes which
may be required, drawings known as Supplementary Drawings will be prepared by the Commissioner.
E. COMPENSATION - Where Supplementary Drawings entail extra work, compensation therefore to the
Contractor will be subject to the terms of the Contract. The Supplementary Drawings will be binding upon
the Contractor with the same force as the Contract Drawings.
F. SUPPLEMENTARY DRAWING PRINTS - Three (3) copies of prints of these Supplementary Drawings
will be furnished to the Contractor.
G. COPIES TO SUBCONTRACTORS - The Contractor must furnish each of its subcontractors and material
suppliers such copies of Contract Drawings, Supplementary Drawings, or copies of the Specifications as
may be required for its work.

1.6 COORDINATION:
A. COORDINATION AND COOPERATION - The Contractor must consult and study the requirements of the
Contract Drawings and Specifications for all required work, including all work to be performed by trade
subcontractors, so that the Contractor may become acquainted with the work of the Project as a whole
in order to achieve the proper coordination and cooperation necessary for the efficient and timely
performance of the work.
B. CONTRACTOR TO CHECK DRAWINGS: - The Contractor must verify all dimensions, quantities and
details shown on the Contract Drawings, Schedules, or other data received from the Commissioner, and
must notify the Commissioner of all errors, omissions, conflicts and discrepancies found therein. Notice
of such errors will be given before the Contractor proceeds with any work. Figures must be used in
preference to scale dimensions and large-scale drawings in preference to small-scale drawings.

1.7 SHOP DRAWINGS AND RECORD DRAWINGS:

A. Refer to Section 01 33 00 SUBMITTAL PROCEDURES and Section 01 78 39 PROJECT RECORD
DRAWINGS for requirements applicable to shop drawings and record drawings.

1.8 TEMPORARY FACILITIES, SERVICES AND CONTROLS:

A. Refer to Section 01 50 00 TEMPORARY FACILITIES SERVICES AND CONTROLS for the
responsibilities of the Contractor.

1.9 DUST CONTROL:

A. The Contractor must prepare, execute and manage a “Dust Control Plan” for the prevention of the
emission of dust from construction related activities in compliance with 15 RCNY 13-01 et. seq.

1.10 PROVISIONS REFERENCED IN THE CONTRACT:

A. SCHEDULE A - Various Articles of the Contract refer to requirements set forth in Schedule A of the
General Conditions. Schedule A, which is included in the Addendum, sets forth (1) the referenced
Articles of the Contract, and (2) the specific requirements applicable to the Contract.
B. EXTENSION OF TIME - Applications for Extensions of Time, as indicated in Article 13 of the Contract,
must be made in accordance with the Rules of the Procurement Policy Board.

SUMMARY
01 10 00 - 3
 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

C. PARTIAL PAYMENTS FOR MATERIALS IN ADVANCE OF THEIR INCORPORATION IN THE WORK

PURSUANT TO ARTICLE 42 OF THE CONTRACT – In order to better ensure the availability of
materials, fixtures and equipment when needed for the work, the Commissioner may authorize partial
payment for certain materials, fixtures and equipment, prior to their incorporation in the work, but only in
strict accordance with, and subject to, all the terms and conditions set forth in the Specifications, unless
an alternate method of payment is elsewhere provided in the Specifications for specified materials,
fixtures or equipment.
1. The Contractor must submit to the Commissioner a written request, in quadruplicate, for payment
for materials purchased or to be purchased for which the Contractor needs to be paid prior to
their actual incorporation in the work. The request must be accompanied by a schedule of the
types and quantities of materials, and must state whether such materials are to be stored on or
off the site.
2. Where the materials are to be stored off the site, they must be stored at a place other than the
Contractor’s premises (except with the written consent of the Commissioner) and under the
conditions prescribed or approved by the Commissioner. The Contractor must set apart and
separately store at the place or places of storage all materials and must clearly mark same
“PROPERTY OF THE CITY OF NEW YORK”, and further, must not at any time move any of said
materials to another off-site place of storage without the prior written consent of the
Commissioner. Materials may be removed from their place of storage off the site for
incorporation in the work upon approval of the Resident Engineer.
3. Where the materials are to be stored at the site, they must be stored at such locations as will be
designated by the Resident Engineer and only in such quantities as, in the opinion of the
Resident Engineer, will not interfere with the proper performance of the Work by the Contractor or
by other Contractors then engaged in performing work on the site. Such materials must not be
removed from their place of storage on the site except for incorporation in the Work, without the
approval of the Resident Engineer.
4. INSURANCE
a. STORAGE OFF-SITE – Where the materials are stored off the site and until such time as
they are incorporated in the Work, the Contractor must fully insure such materials against
any and all risks of destruction, damage or loss including but not limited to fire, theft, and
any other casualty or happening. The policy of insurance must be payable to the City of
New York. It must be in such terms and amounts as must be approved by the
Commissioner and must be placed with a company duly licensed to do business in the
State of New York. The Contractor must deliver the original and one (1) copy of such
policy or policies marked “Fully Paid” to the Commissioner.
b. STORAGE ON THE SITE – Where the materials are stored at the site, the Contractor must
furnish satisfactory evidence to the Commissioner that they are properly insured against
loss, by endorsements or otherwise, under the policy or policies of insurance obtained by
the Contractor to cover losses to materials owned or installed by the Contractor. The policy
of insurance must cover fire and extended coverage against windstorm, hail, explosion and
riot attending a strike, civil commotion, aircraft, vehicles and smoke.
5. All costs, charges and expenses arising out of the storage of such materials, must be paid by the
Contractor and the City hereby reserves the right to retain out of any partial or final payment
made under the Contract an amount sufficient to cover such costs, charges and expenses with
the understanding that the City will have and may exercise any and all other remedies at law for
the recovery of such cost, charges and expenses. There will be no increase in the Contract price
for such costs, charges and expenses and the Contractor must not make any claim or demand for
compensation therefore.

SUMMARY
01 10 00 - 4
 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

6. The Contractor must pay any and all costs of handling and delivery of materials, to the place of
storage and from the place of storage to the site of the Work; and the City will have the right to
retain from any partial or final payment an amount sufficient to cover the cost of such handling
and delivery.
7. In the event that the whole or any part of these materials are lost, damaged, or destroyed in
advance of their satisfactory incorporation in the work, the Contractor, at the Contractor’s own
cost, must replace such lost, damaged or destroyed materials of the same character and quality.
The City will reimburse the Contractor for the cost of the replaced materials to the extent, and
only to the extent, of the funds actually received by the City under the policies of insurance
hereinbefore referred to. Until such time as the materials are replaced, the City will deduct from
the value of the stored materials or from any other money due under the Contract, the amount
paid to the Contractor for such lost, damaged or destroyed materials.
8. Should any of the materials paid for the City hereunder be subsequently rejected or incorporated
in the work in a manner or by a method not in accordance with the Contract Documents, the
Contractor must remove and replace, at Contractor’s own cost, such defective or improperly
incorporated material with materials complying with the Contract Documents. Until such
materials are replaced, the City will deduct from the value of the stored materials or from any
other money due the Contractor, the amount paid by the City for such rejected or improperly
incorporated materials.
9. Payments for the cost of materials made hereunder will not be deemed to be an acceptance of
such materials as being in accordance with the Contract Documents, and the Contractor always
retains and must comply with the Contractor’s duty to deliver to the site and properly incorporate
in the work only materials which comply with the Contract Documents.
10. The Contractor must retain any and all risks in connection with the damage, destruction, or loss of
the materials paid for hereunder to the time of delivery of the same to the site of the Work and
their proper incorporation in the work in accordance with the Contract Documents.
11. The Contractor must comply with all laws and the regulations of any governmental body or
agency pertaining to the priority purchase, allocation, and use of the materials.
12. When requesting payment for such materials, the Contractor must submit with the partial estimate
duly authenticated documents of title, such as bills of sale, invoices or warehouse receipts, all in
quadruplicate. The executed bills of sale must transfer title to the materials from the Contractor to
the City. (In the event that the invoices state that the material has been purchased by a
subcontractor, bills of sale in quadruplicate will also be required transferring title to the materials
from subcontractor to the Contractor).
13. Where the Contractor, with the approval of the Commissioner, has purchased unusually large
quantities of materials in order to assure their availability for the work, the Commissioner, at the
Commissioner’s option, may waive the requirements of Paragraph 12 provided the Contractor
furnishes evidence in the form of an affidavit from the Contractor in quadruplicate, and such other
proof as the Commissioner may require, that the Contractor is the sole owner of such materials
and has purchased them free and clear of all liens and other encumbrances. In such event, the
Contractor will pay for such materials and submit proof thereof, in the same manner as provided
in Paragraph 12 hereof, within seven (7) days after receipt of payment therefore from the
Comptroller. Failure on the part of the Contractor to submit satisfactory evidence that all such
materials have been paid for in full, will preclude the Contractor from payments under the
Contract.
14. The Contractor must include in each succeeding partial estimate requisition a summary of
materials stored which must set forth the quantity and value of materials in storage, on or off the
site, at the end of each preceding estimate period; the amount removed for incorporation in the

SUMMARY
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Work; the quantity and value of materials delivered during the current period and the total value of
materials on hand for which payment thereof will be included in the current payment estimate.
15. Upon proof to the satisfaction of the Commissioner of the actual cost of such materials and upon
submission of proper proof of title as required under Paragraph 12 or Paragraph 13 hereof,
payment will be made therefore to the extent of 85%, provided however, that the cost so verified,
established and approved must not exceed the estimated cost of such materials included in the
approved detailed breakdown estimate submitted in accordance with Article 41 of the Contract; if
it does, the City will pay only 85% approved estimated cost.
16. Upon the incorporation in the Work of any such materials, which have been paid for in advance of
such incorporation in accordance with the foregoing provisions, payment will be made for such
materials incorporated in the Work pursuant to Article 42 of the Contract, less any sums paid
pursuant to Paragraph 15 herein.

D. MOBILIZATION PAYMENT – A line item for mobilization must be allowed on the Contractor’s Detailed
Bid Breakdown submitted in accordance with Article 41 of the Contract. The Mobilization Payment is
intended to include the cost of required bonds, insurance coverage, and/or any other expenses required
for the initiation of the Contract Work. All costs for mobilization will be deemed included in the total
Contract Price. The Detailed Bid Breakdown must reflect, and the Mobilization Payment will be made, in
accordance with the following schedule:
Contract Amount Mobilization Amount

Less than $50,000 $0 (No Mobilization Payment)

$50,001 to $100,000 Fixed Amount = $6,000
$100,001 to $500,000 6% of Contract Amount
$500,001 to $ 2,500,000 5% of Contract Amount
Over $2,500,000 Lesser of 4% of Contract Amount or $300,000
The Contractor may requisition for the Mobilization Payment upon satisfactory completion of the
following:
1. Installation of any required field office(s);
2. Submission of all required insurance certificates and bond;
3. Approval of the Site Safety Plan per the Safety Requirements Section of the Information for
Bidders;
4. Approval of the Progress Schedule;
5. Approval of the Schedule Submittal; and,
6. Submission of the Pre-Construction Photographs.
E. ULTRA LOW SULFUR DIESEL FUEL AND BEST AVAILABLE TECHNOLOGY REPORTING: The
Contractor must submit reports to the Commissioner regarding the use of Ultra Low Sulfur Diesel Fuel
in Non-Road Vehicles, and the implementation of Best Available Technology (BAT), as set forth in
Article 5.4 of the Contract. Such reports must be submitted in accordance with the schedule, format,
directions, and procedures established by the Commissioner.

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
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1.11 PERFORMANCE OF WORK DURING NON-REGULAR WORK HOURS:

A. NON-REGULAR WORK HOURS: The Commissioner may issue a change order in accordance with
Article 25 of the Contract which, (1) directs the Contractor to perform the Work, or specific components
thereof, during other than regular work hours (i.e., evenings, weekends and holidays), and (2) provides
compensation to the Contractor for costs in connection with the performance of Work during other than
regular work hours. The Commissioner may issue a change order if a delay has occurred and such delay
is not the fault of the Contractor, or if the Work is of such an important nature that delay in completing
such work would result in serious disadvantage to the public.

B. PROCEDURE: The Contractor must: (1) obtain whatever permits may be required for performance of the
Work during other than regular business hours, and (2) pay all necessary fees in connection with such
permits. In addition, if directed by the Commissioner, the Contractor must make immediate application to
the Commissioner of the Department of Labor, State of New York, for dispensation in accordance with
Subdivision 2 of Section 220 of the Labor Law.

1.12 INTERRUPTION OF SERVICES AT EXISTING FACILITIES:

A. EVENING AND WEEKEND WORK - Where performance of the Work requires the temporary shutdown(s)
of services, such shutdown(s) must be made at night or on weekends or at such times that will cause no
interference with the established routines and operations of the facility in question.
1 Where weekend or evening work is required due to unavoidable service shutdowns, such work will
be performed at no extra cost to the City. Components of the Work that must be performed during
other than regular work hours are indicated in the Drawings and/or the Specifications.

B. INTERRUPTION OF EXISTING FACILITIES:

1 The Contractor must not interrupt any of the services of the facility nor interfere with such services in
any way without the permission of the Commissioner. Such interruption or interferences must be
made as brief as possible, and only at such time stated.
2 Under no circumstances will the Contractor, its subcontractors, or its workers, be permitted to use
any part of the project as a shop, without the permission of the Commissioner.
3 Unnecessary noise must be avoided at all times and necessary noise must be reduced to a minimum.
4 Toilet facilities, water, and electricity must be operational at all times (i.e. 24/7). No services of the
facility can be interrupted in any way without the permission of the Commissioner. Careful
coordination of all Work with the Resident Engineer must be done to maintain the operational level
of the Project personnel at the facility.
5 The Contractor must schedule the Work to avoid noise interference that will affect the normal
functions of the facility. In particular, construction operations producing noises that are objectionable
to the functions of the facility must be scheduled at times of day or night, day of the week, or weekend,
which will not interfere with personnel at the facility. Any additional cost resulting from this scheduling
will be borne by the Contractor.
6 The Contractor must arrange to work continuously, including evening and weekend hours, if required,
to assure that services will be shut down only during the time actually required to make the necessary
connections to the existing facility.
7 The Contractor must give ample written notice in advance to the Commissioner and personnel at the
facility of any required shutdown.

SUMMARY
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 Division 01 – DDC STANDARD GENERAL CONDITIONS
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PART II – PRODUCTS (Not Used)

PART III – EXECUTION (Not Used)

END OF SECTION 01 10 00

SUMMARY
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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

SECTION 01 31 00
PROJECT MANAGEMENT AND COORDINATION

PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].
B. LEED: Refer to the Addendum to identify whether this Project is designed to comply with a Certification
Level according to the U.S. Green Building Council's Leadership in Energy & Environmental Design
(LEED) Rating System, as specified in Section 01 81 13.03 SUSTAINABLE DESIGN REQUIREMENTS
FOR LEED v3 BUILDINGS or Section 01 81 13.04 SUSTAINABLE DESIGN REQUIREMENTS FOR
LEED v4 BUILDINGS.
C. COMMISSIONING: Refer to the Addendum to identify whether this Project will be commissioned by an
independent third party under separate contract with the City of New York (City). Commissioning will be in
accordance with ASHRAE and USGBC LEED-NC procedures, as described in Section 01 91 13,
GENERAL COMMISSIONING REQUIREMENTS FOR MEP SYSTEMS, and/ or Section 01 91 15
GENERAL COMMISSIONING REQUIREMENTS FOR BUILDING ENCLOSURE COMMISSIONING. The
Contractor must cooperate with the commissioning agent and provide whatever assistance is required.

1.2 SUMMARY:
A. This Section includes administrative provisions for coordinating construction operations on the Project,
including:
1. Coordination Drawings
2. Administrative and supervisory personnel
3. Project meetings
4. Requests for Interpretation (RFIs)
B. This Section includes the following:
1. Definitions
2. Coordination
3. Submittals
4. Administrative and Supervisory Personnel
5. Project Meetings
6. Requests for Interpretation (RFI’s)
7. Correspondence
8. Contractor’s Daily Reports
9. Alternate and Substitute Equipment

C. RELATED SECTIONS:
1. Section 01 10 00 SUMMARY
2. Section 01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION
3. Section 01 33 00 SUBMITTALS
4. Section 01 35 26 SAFETY REQUIREMENTS
5. Section 01 73 00 EXECUTION REQUIREMENTS
6. Section 01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

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Issue Date: March 15, 2020

7. Section 01 77 00 CLOSEOUT PROCEDURES

1.3 DEFINITIONS:
A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.
B. Design Consultant: “Design Consultant” must mean the entity responsible for providing design services
for the Project, including without limitation, preparing the construction documents (drawings and
specifications) and providing services in connection with such documents during construction. The
entity serving as the “Design Consultant” may be a corporation, firm, partnership, joint venture,
individual or combination thereof. Such entity may be either an employee(s) of the City or an entity
engaged by the City to provide such services.

1.4 COORDINATION:
A. Coordination: The Contractor must coordinate its construction operations, including those of its
subcontractors, with other entities to ensure the efficient and orderly installation of each part of the
Work. The Contractor must coordinate the various operations required by different Sections of the
Specifications that depend on each other for proper installation, connection, and operation.
1. Schedule construction operations in sequence in order to obtain the best results where
installation of one part of the Work depends on installation of other components, before or after its
own installation.
2. Coordinate installation of different components to ensure maximum access for required
maintenance, service, and repair.
3. Make adequate provisions to accommodate items scheduled for later installation.
4. Where availability of space is limited, coordinate installation of different components to ensure
maximum performance and access for required maintenance, service, and repair of all
components, including mechanical and electrical.
B. The Contractor must prepare memoranda for distribution to its subcontractors and other involved
entities, outlining special procedures required for coordination. Such memoranda must include required
notices, reports, and meeting minutes as applicable.
C. Administrative Procedures: The Contractor must coordinate scheduling and timing of required
administrative procedures with other construction activities and activities of its subcontractors to avoid
conflicts and to ensure orderly progress of the Work. Such administrative activities include without
limitation the following:

1. Preparation of Contractor's Construction Schedule.

2. Installation and removal of temporary facilities and controls.
3. Delivery and processing of submittals.
4. Progress meetings.
5. Pre-installation conferences.
6. Startup and adjustment of systems.
7. Project closeout activities.
D. Conservation: The Contractor must coordinate construction activities to ensure that operations are
carried out with consideration given to conservation of energy, water, and materials.
E. Salvaged Items, Material and/or Equipment: The Specifications may identify certain items, materials or
equipment which must be salvaged by the Contractor and handled or disposed of as directed. The

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Issue Date: March 15, 2020

Contractor must comply with all directions in the Specifications regarding the salvaging and handling of
identified items, material or equipment.

1.5 SUBMITTALS:
A. Submit shop drawings, product data, samples etc., in compliance with Section 01 33 00 SUBMITTAL
PROCEDURES.
B. Coordination Drawings: The Contractor must prepare applicable Coordination Drawings in compliance
with the requirements for Coordination Drawings in Section 01 33 00 SUBMITTAL PROCEDURES.
C. Safety Plan in compliance with Section 01 35 26 SAFETY REQUIREMENTS PROCEDURES.
D. Waste Management Plan in compliance with Section 01 74 19 CONSTRUCTION WASTE
MANAGEMENT AND DISPOSAL
E. Key Personnel Names: Within fifteen (15) Days after the Notice to Proceed (NTP), the Contractor must
submit a list of key personnel assignments of the Contractor and its subcontractors, including
superintendent and other personnel in attendance at Project site. Identify individuals and their duties
and responsibilities; list addresses and telephone numbers, including home and office telephone
numbers. Provide names, addresses, and telephone numbers of individuals assigned as standbys in
case of the absence of individuals assigned to Project.
1. Post copies of the list in Project meeting room, in temporary field office, and by each temporary
telephone. Keep the list current at all times.
2. In addition to Project superintendent, provide other administrative and supervisory personnel as
required for proper performance of the Work. Include special personnel required for coordinating
all operations by its subcontractors.

1.6 PROJECT MEETINGS:

A. General: The Resident Engineer will hold regularly scheduled construction progress meetings at the
site, at which time the Contractor and appropriate subcontractors must have their representatives
present to discuss all details relative to the execution of the work. The Resident Engineer will preside
over these meetings.
1. Agenda: Prior to each meeting, the Resident Engineer will consult with the Contractor and will
prepare an agenda of items to be discussed. In general, after informal discussion of any item on
the agenda, the Resident Engineer will summarize the discussion in a brief written statement, and
the Contractor will then dictate a brief statement for the record.
2. Coordination: In addition to construction progress meetings called by the Resident Engineer, the
Contractor must hold regularly scheduled meetings for the purpose of coordinating, expediting
and scheduling the work in accordance with the master coordinated Job Progress Chart. The
Contractor and its subcontractors, material suppliers or vendors whose presence is necessary,
are required to attend. These meetings may, at the discretion of the Contractor, be held at the
same place and immediately following the Project meetings held by the Resident Engineer.
Minutes of these meetings must be recorded, typed and printed by the Contractor and distributed
to all parties concerned.

B. PRECONSTRUCTION KICK-OFF MEETING:

1. The Resident Engineer will schedule a preconstruction kick-off meeting either at DDC’s main
office or at the Project site to review responsibilities and personnel assignments and clarify the
role of each participant. Unless otherwise directed, the Design Consultant will record and
distribute meeting minutes.

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2. Attendees: Authorized representative of the Sponsor Agency; Design Consultant; the Contractor
and its superintendents, subcontractor(s) and their superintendent(s); LEED sub-consultant and
Commissioning Authority /Agent (CxA) as applicable and other concerned parties. All participants
at the meeting must be familiar with the Project and authorized to conclude matters relating to the
Contract Work.
3. Agenda: Includes without limitation the following as applicable:
a. Establishing construction schedule;
b. Schedule for regular construction meetings;
c. Phasing;
d. Critical Work sequencing and long-lead items;
e. Designation of key personnel and their duties;
f. Reviewing application for payment and change order procedures;
g. Procedures for RFIs;
h. Review permits and approval requirements;
i. Review all recent administrative code reporting requirements relating to the Project, (i.e. LL
77, LL86 etc.);
j. Procedures for testing and inspecting;
k. Reviewing special conditions at the Project site;
l. Distribution of the Contract Documents;
m. Submittal procedures;
n. Safety procedures;
o. LEED requirements;
p. Commissioning requirements;
q. Preparation of record documents;
r. Historic Treatment requirements;
s. Use of the premises;
t. Work restrictions;
u. Sponsor Agency occupancy requirements;
v. Responsibility for temporary facilities, services, and controls;
w. Construction Waste Management and Disposal;
x. Indoor Air Quality Management Plan;
y. Dust Mitigation Plan;
z. Office, work, and storage areas;
aa. Equipment deliveries and priorities;
bb. Security;
cc. Progress cleaning; and,
dd. Working hours;

C. CONSTRUCTION PROGRESS MEETINGS:

1. The Resident Engineer will schedule and conduct construction progress meetings at bi-weekly
intervals or as otherwise determined. All participants at the meeting must be familiar with the
Project and authorized to conclude matters relating to the Work. Unless otherwise directed, the
Design Consultant will record and distribute meeting minutes.

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
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Issue Date: March 15, 2020

2. Attendees:
a. Design Consultant and applicable sub-consultants;
b. Sponsor Agency Representative;
c. Representatives from the Contractor, sub-contractor(s), suppliers or other entities involved in
the current progress, planning, coordination or future activities of the Work; and,
d. Other appropriate DDC personnel, DDC consultants and concerned parties.
3. Agenda: Includes without limitation the following:
a. Review the Construction Schedule and progress of the Work. Determine if the Work is on
time, ahead of schedule or behind schedule. Determine actions to be taken to maintain or
accelerate the schedule;
b. Review and approve prior meeting minutes and follow up open issues;
c. Coordinate work between each subcontractor;
d. Sequence of Operations;
e. Status of submittals, deliveries, and off-site fabrication;
f. Status of inspections and approvals by governing agencies;
g. Temporary facilities and controls;
h. Review Site Safety;
i. Quality and work standards;
j. Field observations;
k. Status of correction of deficient items;
l. RFI’s;
m. Pending changes;
n. Status of outstanding payments and change orders;
o. LEED requirements including Construction Waste Management, Indoor Air Quality Plan, Dust
Mitigation and Commissioning; and,
p. Status of Administrative Code reporting requirements related to the Project.

1.7 REQUESTS FOR INFORMATION (RFI):

A. Procedure: Immediately on discovery of the need for information or interpretation of the Contract
Documents, and if not possible to request interpretation at Project meeting, the Contractor must
prepare and submit an RFI in the form specified by the Resident Engineer.
1. RFI must originate with the Contractor. RFIs submitted by entities other than Contractor will be
returned with no response.
2. Coordinate and submit RFI in a prompt manner to the Resident Engineer so as to avoid delays in
Contractor's Work or Work of its subcontractors.
3. RFI Log: The Contractor must prepare, maintain, and submit a tabular log of RFIs organized by
the RFI number monthly to the Resident Engineer, or more frequently if directed by the Resident
Engineer.
4. On receipt of responses and action to the RFI, the Contractor must update the RFI log and
immediately distribute the RFI response to affected parties. Review response(s) and notify the
Resident Engineer immediately if the Contractor disagrees with response(s).

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
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1.8 CORRESPONDENCE:
A. Copies of all correspondence to DDC must be sent directly to the Resident Engineer at the job site.

1.9 CONTRACTOR’S DAILY REPORTS:

A. The Contractor must prepare and submit Daily Construction Progress Reports as outlined in Section
01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION.

PART II – PRODUCTS (Not Used)

PART III – EXECUTION (Not Used)

END OF SECTION 01 31 00

PROJECT MANAGEMENT AND COORDINATION

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

SECTION 01 32 00
CONSTRUCTION PROGRESS DOCUMENTATION

PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required Work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY

A. This Section includes administrative and procedural requirements for establishing an effective base line
schedule for the Project and documenting the progress of construction during performance of the Work
by developing and revising as necessary, various documents including but not limited to the following:
1. Submittals schedule
2. Daily construction reports
3. Material location reports
4. Field condition reports
5. Special reports

B. RELATED SECTIONS: :
1. Section 01 10 00 SUMMARY
2. Section 01 32 22 PHOTOGRAPHIC DOCUMENTATION
3. Section 01 32 16.10 PROJECT SCHEDULES (METHOD A)
4. Section 01 32 16.20 PROJECT SCHEDULES (METHOD B)
5. Section 01 32 16.30 PROJECT SCHEDULES (METHOD C)
6. Section 01 33 00 SUBMITTAL PROCEDURES
7. Section 01 40 00 QUALITY REQUIREMENTS

1.3 DEFINITIONS:

A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

B. Design Consultant: “Design Consultant” must mean the entity responsible for providing design services
for the Project, including without limitation, preparing the construction documents (drawings and
specifications) and providing services in connection with such documents during construction. The
entity serving as the “Design Consultant” may be a corporation, firm, partnership, joint venture,
individual or combination thereof. Such entity may be either an employee(s) of the City or an entity
engaged by the City to provide such services.

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

PART II – PRODUCTS

2.1 SUBMITTALS SCHEDULE:

A. Preparation: The Contractor must submit a schedule of submittals, arranged in chronological order by
dates required by the construction schedule. Include time required for review, re-submittal, ordering,
manufacturing, fabrication, and delivery when establishing dates. The Submittals Schedule must show all
of the following types of submittals:
1. Shop and Coordination Drawings
2. Material Samples
3. Catalog Cuts
4. Test and Evaluation Reports
5. Field Test Reports
6. Sample Warranties
7. Certificates
8. Qualification Data
9. Closeout Submittals
B. Submittals: At the kick-off meeting, the Contractor must have a preliminary Submittals Schedule, and
must review this Schedule with the Resident Engineer and the Design Consultant. Within ten (10) Days
after the kick-off meeting, the Contractor must complete the Submittals Schedule, including all submission
dates, required delivery dates, and fabrication times. The Contractor must include an updated Submittals
Schedule with all Progress Payment applications.
C. Review: The Resident Engineer will review the Submittals Schedule submitted by Contractor. Upon
acceptance, the Resident Engineer will date and sign the schedule as approved and transmit it to the
Design Consultant, Contractor, and others within DDC as the Resident Engineer deems appropriate. If so
directed by the Commissioner, the Contractor must revise the Submittals Schedule to indicate a
submission date for specified shop drawings and/or material samples within sixty (60) Days after the
kick-off meeting. The Contractor must resubmit the Submittals Schedule as necessary to include all
review comments.

2.2 REPORTS:
A. Daily Construction Reports: The Contractor must submit to the Resident Engineer written Daily
Construction Reports at the end of each day that work was performed, recording basic information such
as the date, day, weather conditions, and contract days passed, remaining contract duration/days and the
following information concerning the Project.
Information: The reports must be prepared by the Contractor’s Superintendent and must bear the
Contractor’s Superintendents signature. Each report must contain the following information:

1. List name of Contractor, subcontractors, their work force in each category, and details of activities
performed;
2. The type of materials and/or major equipment being installed by the Contractor and/or by each
subcontractor;
3. The major construction equipment being used by the Contractor and/or subcontractors;
4. Material and Equipment deliveries;
5. High and low temperatures and general weather conditions;
6. Accidents;
7. Meetings and significant decisions;
8. Unusual events;
9. Stoppages, delays, shortages, and losses;
10. Meter readings and similar recordings;

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Issue Date: March 15, 2020

11. Emergency procedures;

12. Orders and/or requests of authorities having jurisdiction;
13. Approved Change Orders received and implemented;
14. Field Orders and Directives received and implemented;
15. Services connected and disconnected;
16. Equipment or system tests and startups;
17. Partial Completion(s) and occupancies; and,
18. Substantial Completion(s) authorized;

NOTE: If there is NO ACTIVITY at site, a daily report indicating so and the reason for no activity at
the site must be submitted.
B. Material Location Reports: The Contractor must submit a Material Location Report at weekly OR monthly
intervals as determined and established by the Resident Engineer. Such report must include a
comprehensive list of materials delivered to and stored at Project site. List must be cumulative, showing
materials previously reported plus items recently delivered. Include with list a statement of progress on
and delivery dates for materials or items of equipment fabricated or stored away from Project site.
C. Field Condition Reports: Immediately on discovery of a difference between field conditions and the
Contract Documents, prepare and submit a detailed report. Submit a Request For Information (RFI) form
with a detailed description of the differing conditions, together with recommendations for changing the
Contract Documents.

2.3 SPECIAL REPORTS:

A. Accident report, incident report, special condition report for the conditions out of control of any party
involved with the Project effecting Project progress, explaining impact on the Project schedule and cost if
any.

PART III – EXECUTION (Not Used)

END OF SECTION 01 32 00

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Issue Date: March 15, 2020

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
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SECTION 01 32 16.10
PROJECT SCHEDULES (METHOD A)

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SECTION 01 32 16.10

PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:
A. This section includes the following:
1. Methods
2. Definitions
3. Preliminary, Baseline, and Project Schedule Preparation Timeline
4. Preliminary Project Schedule Development
5. Project Schedule
6. Activity and Calendar Coding Structure
7. Work Breakdown Structure (WBS)
8. Major Milestones
9. Short (Three-Week) Interval/Two-Week Look-Ahead
10. Submittals
11. Project Schedule Updating
12. Time Impact Analysis

1.3 METHODS:

A. The Contractor must comply with Project schedule development and updating requirements as
specified herein.
1. The Contractor must employ or retain the services of a Construction Scheduler with verifiable
construction scheduling experience, subject to review and acceptance by the City. Upon request, the
Contractor must provide the City with details of qualifications and experience of the proposed
scheduling staff member(s).
2. The Contractor must prepare, update, and maintain a detailed Project Schedule using a version of
scheduling software that is compatible with the City’s Oracle Primavera P6 Enterprise Project
Portfolio Management (EPPM). All schedule submittals must be developed using Oracle’s Primavera
P6 EPPM software. Schedules must be developed using accepted CPM techniques using the
precedence diagramming method (PDM). The Project Schedule must be developed following
Defense Contract Management Agency (DCMA) and American Association of Cost Engineering
International (AACE International) guidance. The Contractor will be required to use the Contractor’s

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Issue Date: March 15, 2020

own P6 license (whether single-user or Enterprise license), unless otherwise directed by the
Commissioner. If directed by the Commissioner prior to the Notice to Proceed (NTP), the Contractor
must use the Department’s P6 Enterprise license and develop the Progress Schedule within the
Department’s Enterprise environment.
3. Once the Baseline Schedule is accepted by the City, progress updates to the Project Schedule must
be submitted monthly, unless otherwise directed by the City, until Substantial Completion. The Data
Date for the schedule updates must use the last Friday of the month, or as directed by the City.
4. The Contractor will be responsible for providing the monthly schedule updates once the Baseline
Schedule is approved. Each monthly schedule update must be accompanied with a schedule
narrative that explains the following:
a. The progress of work during that particular period of performance,
b. Any changes in schedule Logic,
c. The physical conditions that were used to update every Activities Percent Complete,
d. Any change in actual Start and Finish Dates,
e. Any Duration changes,
f. Any added and deleted Activities, and
g. Any added Extra Work (e.g. change orders).

1.4 DEFINITIONS:

A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

Term Definition

A representation of a discrete portion of the overall scope of Work or an event

Activity
through Duration and description in a CPM schedule.

The planned and detailed CPM schedule of Activities, including all Logic,
Baseline Schedule Durations, Resource and Cost Loading, and showing the entire scope of Work.
The Baseline Schedule must be accepted by the City.

The longest sequence of Activities in a network which establishes the minimum

Critical Path
length of time for accomplishment of the end event of the Project.

A management technique used to plan and control a Project which combines all
relevant information into a single plan defining the sequence and Duration of
Critical Path Method (CPM)
operations and depicting the interrelationship of the Work elements required to
complete the Project.

The most recently updated schedule that captures progress to date and forecasts
Current Schedule
the dates for each Activity.

The date used as a starting point for scheduling calculations. The Data Date is
Data Date changed to the current end of period date when a schedule is updated for
progress.

Duration The amount of time, in workdays, an Activity will take to perform.

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Term Definition

The earliest estimated date an Activity is calculated to be complete, based on the

Finish Date estimated performance of all prior Activities to which the Activity is logically
connected in a progressive relationship.

The calculated amount of time that the estimated start or finish of an Activity can
Free Float be delayed without impacting the start or finish of other downstream Activities
logically connected in a progressive relationship. (See Finish Date and Late
Finish).

Fragnet Fragmentary network: a portion of a schedule detailing impacts of an event on

specific Activities in the broader schedule.
Any weather condition, the duration of which varies in excess of the 3-year
Inclement Weather average published by the National Oceanic and Atmospheric Administration
(NOAA) information for the local area.

The Commissioner’s overall schedule covering design, procurement and

Integrated Project Schedule construction. The Commissioner will use the Contractor’s Project Schedule to
update the Integrated Project Schedule.

An estimate of the latest plausible date an Activity’s completion can be postponed

without rendering as unachievable the required completion of any downstream
Late Finish
Milestones to which the Activity is Logically connected to in a progressive
relationship.

An estimate of the latest plausible date an Activity’s start can be postponed without
Late Start rendering as unachievable the required completion of any downstream Milestones
to which the Activity is Logically connected to in a progressive relationship.

A direct progressive relationship between Activities where one Activity’s

Logic
performance restricts the performance of another Activity.

Milestone A key or critical point in time for reference or measurement.

A graphic diagram of a network schedule, showing Activities and Activity

Network Diagram
relationships.

The estimated amount of time, in Work Days, an Activity is expected to take to

complete at the beginning of a Project as anticipated by the Contractor based on
Original Duration
its planned means and methods at time of bid and documented in the Baseline
Schedule.

The percentage of the scope of Work represented by an Activity completed as of

Percent Complete
the Data Date calculated as physical percent complete for payment purposes.

The Contractor’s schedule used to manage the orderly and expeditious

Project Schedule completion of the Work. The Project Schedule is initially the accepted Baseline
Schedule, and is updated throughout the Project.

The amount of time, in Work Days, the remaining scope of Work represented by
Remaining Duration
an Activity is expected to take to complete, measured from the current Data Date.

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Term Definition

Values assigned for estimated dollars, manpower, equipment and/or materials

Resource and Cost Loading
necessary to complete the scope of Work represented by a specific Activity.

A Recovery Schedule outlining and incorporating extraordinary efforts required to

recover lost time with the aim of achieving completion of the Project within the
stipulated contract Duration, plus authorized time extensions. In such case,
special attention must be given to minimize delays as much as possible and must
Recovery Schedule
establish the nature of efforts; for instance, resources and equipment required,
extended hours of work, weekend work, accelerated fabrication, required action(s)
or effort(s) by the Contractor, its subcontractors, consultants, clients, end users
and/or other concerned parties to recover the schedule.

A Baseline Schedule, Progress Project Schedule, or Recovery Schedule for the

Project that shows the actual Duration of all the completed Activities, including
Duration of and the reasons for delays, if any has occurred, AND revisions to all
Revised and/or Updated remaining Activities of the Contractor and its subcontractors, including changes, if
Schedule any, to logical ties, interrelations and the sequence of each of the outlined
Activities. Any such revisions should be shown on the row just below the approved
schedule of the respective Activity so that revisions can be compared. The
Revised and/or updated Schedule must be reviewed and approved by the City.

The earliest estimated date an Activity is calculated to begin, based on the

Start Date estimated performance of all prior Activities to which the Activity is logically
connected in a progressive relationship.

A forward looking (prospective) schedule analysis used to forecast the impact to

the Critical Path and to Milestone Finish Dates caused by a single event or series
Time Impact Analysis
of events. Time Impact Analysis is not a retrospective (forensic) schedule analysis
or a what-if schedule analysis of a potential event.

The amount of time the start or finish of an Activity can be delayed without affecting
Total Float
the Project completion date.

WBS is a deliverable-oriented decomposition of a Project into smaller

Work Breakdown Structure components. A WBS provides the necessary framework for detailed cost
(WBS) estimating and control along with providing guidance for schedule development
and control.

Work Days are every consecutive day in the calendar, excluding weekends
Work Days (WD)
(Saturday and Sunday) and holidays.

1.5 PRELIMINARY, BASELINE, AND PROJECT SCHEDULE PREPARATION TIMELINE:

A. Upon receipt of the NTP, the Contractor must promptly prepare a preliminary Project Schedule and
subsequently a Baseline Schedule and must submit for the City’s acceptance as follows:
1. The preliminary Project Schedule must be submitted no later than fifteen (15) Days after NTP.
2. The initial submittal of the Baseline Schedule must be provided to the City for review no later
than thirty (30) Days after NTP.

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SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

3. The Contractor must incorporate all corrections and revisions required by the City and provide
an updated version of the Baseline Schedule for review and acceptance no later than sixty
(60) Days after NTP to ensure that the Baseline Schedule is accepted. The sixty (60) Days
must include fourteen (14) Days review times for each submittal of the Baseline Schedule.
4. Once accepted, the Baseline Schedule will be the basis of Project Schedule updates.

1.6 PRELIMINARY PROJECT SCHEDULE DEVELOPMENT:

A. The preliminary Project Schedule must be a detailed plan (division level per Construction Specifications
Institute (CSI) MasterFormat) of all operations, including submittals, permitting, testing, and
construction Activities, for either the first ninety (90) Days after NTP or to the point where the Contractor
plans to mobilize on site (whichever is greater). This submittal will also depict a summary level (section
level per CSI MasterFormat) schedule of the major Activities for the remainder of the Work.
1. All Activities for Contractor mobilization, procurement, and construction Activities within the
first sixty (60) Days, including permits and submittals. All remaining work forecasted after the
first sixty (60) Days must be summarized through the Contract’s completion date.
2. All submittal and procurement Activities for long lead items.
3. The Project’s Critical Path.
4. An electronic copy of the schedule in either MS Project (.MPP) or Primavera P6 Professional
Format (.XER).
B. The preliminary Project Schedule will be reviewed by the City and returned with comments, as
necessary, within fourteen (14) Days of submittal receipt. Information from the preliminary Project
Schedule will be the general foundation for development of the Baseline Schedule.

1.7 PROJECT SCHEDULE:

A. The Baseline Schedule must show the sequence in which the Contractor proposes to perform the Work,
and account for all major and intermediate Milestone Activities, phasing, restrictions of access,
availability of work areas and the availability and use of labor, materials, and equipment.
B. After the Baseline Schedule is approved, the Project Schedule must be the Contractor's working
schedule and must be used to plan, organize, execute, and track the Project. The Project Schedule is
the primary vehicle used to report actual performance, progress, and convey the Contractor’s execution
plan to complete the Work.
C. The Project Schedule must show the sequence in which the Contractor proposes to perform the Work,
and account for all major and intermediate Milestone Activities, phasing, restrictions of access,
availability of work areas and the availability and use of labor, materials, and equipment.
D. The Project Schedule must be the Contractor's working schedule used to plan, organize, execute, and
track the Project. The Project Schedule is the primary vehicle used to report actual performance,
progress, and convey the Contractor's execution plan to complete all remaining Work.
E. All delay claims must be based on the current approved updates of the Project Schedule.
F. The Contractor must confirm in writing that all subcontractors performing any portion of the Work are
in agreement with the accepted Baseline Schedule and the monthly updates.
G. The amount of detail represented in the Baseline and Project Schedule and supporting documents
submitted must, at a minimum, include the following items:

PROJECT SCHEDULES (METHOD A)

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

1. Contract Milestones must be identified and included in the Baseline and Project Schedule.
2. All submittal, owner review & approval, purchase, manufacture, and delivery Activities for all
major materials and equipment.
3. Deliveries of owner-furnished equipment and/or materials.
4. Preparation, submittal, and approval of drawings, material samples, and safety plans.
5. Preparation, submittal, review, and approval of permits required by all regulatory agencies
and other third parties.
6. Performance of tests, submission of test reports, and approval of test results.
7. Commissioning Activities for all commissioned systems and equipment is to be clearly
delineated and scheduled such that they will be completed prior to Substantial Completion.
Such Activities must include, at a minimum, Pre-Functional testing and check sheets; Testing,
Adjusting, and Balancing (TAB) verification; Functional Testing, including testing of all
controls; and Owner’s demonstration and orientation.
8. Completion dates of all items required for phased completion (if applicable).
9. Completion dates of all items required for Substantial Completion.
10. Completion dates of all items required to obtain a Temporary Certificate of Occupancy (TCO)
and Certificate of Occupancy (CO).
11. Completion dates for close-out of regulatory and punch list items prior to Final Acceptance
and transfer of the Project.
12. Any additional detail requested by the Commissioner.
H. Activities identified in the Baseline and Project Schedule must have the Duration in units of whole Work
Days. Construction Activity Durations must not exceed twenty (20) Work Days unless specifically
approved by the City. This is to ensure that Activities are not generalized and that each Activity and
sub-Activity are defined as narrowly as reasonable to facilitate schedule tracking. Durations for non-
construction Activities such as procurement of materials, delivery of equipment, concrete curing, etc.,
may exceed twenty (20) Work Days without prior approval; however, these are still subject to review by
the City. Durations must be based on the available resources required for performing each Activity and
must be the result of definitive labor hours using established production rates, and with consideration
of on-site working conditions. If requested by the City, the Contractor must justify the reasonableness
of a planned Duration.
I. Activity descriptions must use plain language that clearly and uniquely defines each Activity. Each
description must include a verb or work function (e.g. submit, form, pour, etc.), an object (e.g. slab,
foundation, etc.) and, for any construction Activities, a specific location. The Work related to each
Activity must be limited to one responsibility and one trade.
J. Activity relationships must be assigned to clearly establish predecessor and successor relationships to
each Activity. Open-ended Activities are not permitted with the exception of the first and last Activity in
the network, the first Activity being NTP and the last being Final Acceptance. The use of relationship
lag times is discouraged and only permitted with prior approval by the City. The use of negative lag is
never permitted.
K. Activity constraint dates are only to be used to reflect contractual constraints unless specifically
authorized by the City.
L. Float or slack, in any schedule, must not be for the exclusive use or benefit of either the City or the
Contractor, but must be available for use by both the City and the Contractor.
M. Each resubmittal after the Project Schedule is delivered for acceptance must comply with all
requirements of this section. Review and response by the City will be given within fourteen (14) Days
after resubmission. The Contractor’s receipt of the comments within the time specified must not, in any
way, affect the Contractor’s responsibility to complete the Project within the time fixed in Schedule A.
N. Failure by the City to return comments or indicate acceptance status will in no way relieve the
Contractor’s obligation to submit monthly schedule updates.

PROJECT SCHEDULES (METHOD A)

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

O. At the request of the City, the Contractor must be required to make a presentation to explain or clarify
the intended logical sequence of construction Activities depicted in the detailed Project Schedule. The
Contractor and designated scheduler must discuss anticipated challenges and outline construction
methodology and flow of work to show how and when major Milestones will be achieved. In addition,
the Contractor may, at no cost to the City, be required to participate in additional Project meetings
necessary to obtain acceptance of the above-noted submittals.

1.8 ACTIVITY AND CALENDAR CODING STRUCTURE:

A. The Baseline and Project Schedules must contain a sufficient number of Activities to represent
adequate planning and execution of the Work so that it shows an accurate flow of work and
demonstrates an understanding of the Project by the Contractor.
B. Activity ID and Calendar Coding
1. The Contractor’s proposed Activity and calendar coding and must be submitted with the
preliminary Project Schedule. A meeting may be requested by the City to discuss the scheme
and other schedule information prior to the submittal of the Project Schedule. The accepted
coding scheme and WBS Structure must be incorporated into the Project Schedule.
C. Activity ID Coding
1. All Activities/ Resources/ Calendars (Baseline and Project Schedules) must be coded inside
the P6 Project Environment / Project Level (NOT the Global Environment/ Enterprise Level)
to facilitate selection, sorting and preparation of reports.
2. Activity coding must consist of the Project ID followed by a dash, followed by Activity coding
(PROJECT ID-ACTIVITY CODE). Activity codes must be created at the Project level and
must utilize the coding scheme outlined in the table below:
Activity Code Meaning
Responsibility: Identify the party (e.g. Contractor, subcontractor, City, etc.)
RESP
responsible for the Activity.
Phase: Breakdown of Activities in Milestones, pre-construction, procurement,
PHAS
construction and close-out Activities.
LOCN Location: Breakdown by floor or elevation.
Area: Breakdown by room, area, block or wing. May be used as a subdivision of
PHAS to include Milestones, permits, subcontractor approvals, submittals,
AREA
fabrication and delivery, and subdivision of the Site and buildings into Logical
modules, such as by blocks, wings, etc.
TRAD Trade: Breakdown by CSI Code or section number in the Specifications.

a. Description of schedule Activities must include terminology that represents the scope
of work associated with that particular Activity. Terminology used to describe similar
actions must be consistent across all segments of work.
b. Naming convention for schedule Activities must be descriptive and indicate the
associated work covered by the Activity. Activities must use a verb, noun, and location
of the work in the Activity name.

PROJECT SCHEDULES (METHOD A)

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

3. Project Calendar Coding

a. All calendars created and assigned to Activities must be Project-level calendars. The
Calendar Name must consist of the Project ID number followed by a dash, followed by
a descriptive Calendar Name (PROJECT ID-CALENDAR NAME).

1.9 WORK BREAKDOWN STRUCTURE:

A. Structure must be submitted with the preliminary Project Schedule. The levels (nodes) must include,
but not be limited to:
1. LEVEL 01 – The Project Level.
2. LEVEL 02 – Contains a minimum of four (4) nodes: Pre-Construction, Procurement,
Construction or Phase of Construction, and Closeout.
3. LEVEL 03 – Decomposition of each of the four (4) nodes in Level 02 into its constituent parts.
This level must target specific, tangible, deliverable scopes of Project Work.
B. The Contractor’s proposed WBS must be submitted with the preliminary Project Schedule. The
accepted WBS Structure must be incorporated into the Baseline and Project Schedule.

1.10 MAJOR MILESTONES:

A. The schedule must include both contractual and non-contractual Milestones that are provided by the
City. These Milestones must be properly associated with the related Work and maintained to represent
the progress of the Project.

1.11 SHORT (THREE-WEEK) INTERVAL / TWO-WEEK LOOK-AHEAD:

A. On a bi-weekly basis, the Contractor must provide a three (3) week short interval schedule in a format
satisfactory to the City. The purpose of this schedule is to report the actual progress of the past week
against the previous short interval look-ahead Activities and add any additional Activities planned for
the next two (2) weeks. Electronic files and hard copies must be provided to the City on the first day of
each work week with the prior week’s actual progress included.
B. Each task listed on the short interval schedule must be representative of the most current Project
Schedule Update and include a reference to an Activity shown on the current update.

1.12 SUBMITTALS:
A. General
1. Development of the Baseline Schedule and updating of the Project Schedule must follow the
DCMA and AACE International guidelines.
2. Each electronic submission of the Project Schedule must be assigned a unique file name
consisting of the Project ID (as noted on the NTP followed by a dash followed by a unique file
name clearly marked (i.e. ProjID- B000 = B/L rev0, ProjID-B001 = B/L rev01 etc.) to indicate
the specific submission. Similarly, update submittals must be named ProjID-Uxxx where xxx
is a sequential number, starting with 001, indicating the revision or issue number.
3. The Contractor must provide all submittals in electronic format and two hard copies.
B. Preliminary Project Schedule

PROJECT SCHEDULES (METHOD A)

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

1. For acceptance of the preliminary Project Schedule, the Contractor must submit the following:
a. Two (2) 11” x 17” hard copies of the proposed preliminary Project Schedule, as well as
the native electronic schedule data file, in .XER file format, per the direction of the City.
b. A Schedule Narrative Report detailing the Contractor’s initial plan for executing the
Contract work within the allotted Contract Duration, and include the following
explanation of their provided preliminary schedule:
i. The proposed WBS;
ii. All proposed Project Calendars;
iii. All proposed Activity Codes, clearly defined;
iv. The proposed Activity ID format; and
v. Schedule basis narrative, which must memorialize assumptions made in the
development of the schedule.
C. Baseline Schedule
1. The City will normally return comments within ten (10) Work Days after receipt of the initial
Project Schedule Submission. If any of the required submissions are returned to the
Contractor for corrections or revisions, they must be resubmitted within five (5) Work Days
from receipt of comments. Each resubmittal must comply with the requirements enumerated
above. Review and response by the City will be given within ten (10) Work Days after
resubmission.
2. At the request of the City, the Contractor will be required to participate in Project meetings
necessary to obtain an acceptance of the above noted submittals.
3. Baseline Schedule submittal must contain a Narrative Report. It must include the following,
or as directed by the City:
a. A description of the Project scope and how the Work is represented in the schedule
Activities;
b. A description of the overall sequence of major components of Work;
c. Planned work week for each definable feature of work;
d. Description of the Critical Path and near Critical Paths;
e. How weather will be accommodated in the schedule, including a description of the
weather calendar and the Activities it is applied to, and the NOAA Inclement Weather
data that defined the number of non-work days;
f. How regulatory, operational or third-party constraints are accommodated in the
schedule;
g. Description of key Project coordination points or events;
h. Discussion of long lead items and basis of time frames for submittals; and
i. Potential opportunities and risks, including quantification of the schedule reduction or
expansion.
D. Project Schedule Updates
1. Every schedule submittal must be provided with a corresponding narrative. These schedule
submittals and narratives are to be submitted in hard copy, as well as in the native electronic
format, as attachments to emails or other media accepted by the City. When opened, the
electronic format must provide flawless restoration of the native files (P6 (.XER) for Primavera
and MS Word and/or Adobe Acrobat for Narrative and supporting document submittals).

PROJECT SCHEDULES (METHOD A)

01 32 16.10 - 9
 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

2. For each submittal of the updated Project Schedule, the following layouts, reports, and
graphics are required in the specified formats, unless otherwise directed by the City:
a. The Contractor must furnish two (2) 11” x 17” color hard copies of the complete
progress schedule with each initial schedule update and final update incorporating
comments furnished by the City. Additionally, the Contractor must provide the native
electronic schedule data file, in .XER file format with the initial and final schedule
update submission.
b. An Activity bar chart Layout grouped by Activity Code and then sorted by Start Date,
Finish Date, and then Total Float.
c. Each Activity line must display the Activity ID (Act ID), Description (Name), Original
Duration (OD), Remaining Duration (RD), Start Date (ES), Finish Date (EF), and Total
Float (TF), Baseline Original Duration (BL OD) Baseline Start (BL Start), Baseline
Finish (BL Fin), Baseline Total Float (BL TF).
d. An Activities progress bar must show both current progress update ES and EF, and
baseline ES and EF. The top line of the bar chart area must contain the updated ES
and EF; the second line below must depict the accepted baseline ES and EF dates.
3. The City may request additional standard P6 reports from time to time at no additional cost.
4. The Monthly Update submittal must contain a Narrative Report. It must include the following,
or as directed by the City:
a. Any changes to the schedule basis narrative;
b. Overall health of the Project;
c. Actual Activity Start Dates;
d. Actual Activity Finish Dates;
e. The physical conditions that were used to update Activities percent complete;
f. Percent of Work reported in place;
g. A description of the overall sequence of major components of Work;
h. Description of the Critical Path and near Critical Paths;
i. Description of key Project coordination points or events;
j. Discussion of long lead items and basis of time frames for submittals;
k. Potential opportunities and risks, including quantification of the schedule reduction or
expansion;
l. Assumptions/exclusions made in the schedule;
m. Contract and Milestone completion date status:
i. Number of Days ahead or behind schedule and; and
ii. Days lost/gained compared with the previous update.
n. Lookahead report listing each Activity in the CPM schedule that is scheduled to be
performed during the next reporting period;
o. Changes in Activity description, Logic, or Duration must be submitted as a separate
Proposed Schedule and approved by the City prior to being submitted as an official
update. Once allowed, said changes must be grouped and organized in the report in
a manner that communicates in detail the rationale associated with each change and

PROJECT SCHEDULES (METHOD A)

01 32 16.10 - 10
 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

the impact upon construction sequence, relationships and the Critical Path. A standard
Digger Report is not sufficient to meet this requirement;
p. Added/deleted Activities and the rationale associated with each action;
q. Pending issues and status of other items;
r. Permits;
s. Contract modifications; and
t. Extra Work, including change orders.

1.13 PROJECT SCHEDULE UPDATING:

A. The initial updating must take place immediately after the City accepts the Contractor's Baseline
Schedule. The Data Date for the first update must not exceed seven (7) Days from the date of receipt
of the accepted Baseline Schedule, or as directed by the City.
B. Subsequent updates of the Project Schedule must be submitted monthly until Substantial Completion.
The schedule Data Date must be the last Work Day of the period unless otherwise directed by the City.
Updates must be provided to the City no later than seven (7) Days after the ‘schedule Data Date’.
C. Updates must reflect actual or reasonably anticipated progress as of the last Work Day of the period.
D. The City may request meetings with the Contractor to review the Project Schedule and narrative and
jointly verify Project health and information.
E. In addition, the City may request meetings with the Contractor’s scheduling representative to:
1. Resolve out-of-sequence Logic.
2. Should out-of-sequence progress occur where Activities have reported progress without
predecessor Activities being completed, the Contractor must obtain the City’s approval in a
Proposed Schedule before revising the Logic ties to reflect the way the Work is actually being
performed. Use of progress override by default mechanisms that may be included in CPM
scheduling software systems will not be allowed except on a case-by-case basis with the
approval of the City. A written explanation for each instance must be included in the monthly
submittal narrative.
3. Assess the impact, if any, of any pending change orders.
4. Incorporate accepted time extensions.
5. Review revised Logic (as-built and projected) and changes in Activity Duration, cost, and
labor hours assigned.
F. Contractor’s failure to provide required scheduling information within the required timeframe or to
adhere to the currently accepted schedule may result in rejection of all or a portion of the progress
payment until such time as the required schedule information is submitted and accepted by the City.
G. Delays to the Critical Path – Whenever it becomes apparent from the monthly CPM schedule update
that delays to the Critical Path have occurred due to action or inaction of the Contractor, and as a result
the date for Substantial Completion will not be met, the Contractor must promptly take some or all of
the following actions at no additional cost to the City, unless otherwise directed by the City:
1. Increase construction manpower in such quantities and crafts as will substantially eliminate
the backlog of Work.

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

2. Increase the number of working hours per shift, shifts per day, or Work Days per week; the
amount of construction equipment; the forms for concrete work; etc., or any combination of
the foregoing to substantially eliminate the backlog of Work.
3. Reschedule Activities to achieve maximum practical concurrence of accomplishment of
Activities and comply with the revised schedule.
4. Submit to the City for review a written statement of the steps the Contractor intends to take
to remove or arrest the delay to the schedule.
5. Add to its equipment and materials or construction forces, as well as increase the working
hours, if operations for critical, less critical or non-critical Activities fall behind the Contractor's
Baseline Schedule at any time during the construction period.
H. The City may, at any time during the Project and at no additional cost to the City, require the Contractor
to develop a more detailed schedule/ Fragnet than depicted in the Baseline Schedule to provide a
clearer understanding of the effort needed to complete an Activity or group of Activities.
I. If the City determines that either the Critical Path is in the negative by four (4) weeks, or that the
Project’s date for completion may be affected, the Contractor may be required, at no additional cost to
the City, to prepare a Recovery Schedule. Such Recovery Schedule is subject to review and
acceptance by the City. The Recovery Schedule must propose alternative methods, overtime, and other
means available to the Contractor to recover the delays incurred to date.
J. The Contractor must submit an "As-Built Schedule", as the last schedule update showing all Activities,
with the exception of punch list and closeout tasks, at Substantial Completion. This schedule must
reflect the exact manner in which the Project was actually constructed.

1.14 TIME IMPACT ANALYSIS:

A. In addition to the requirements of the Standard Construction Contract Article 11, the Contractor must submit
a Time Impact Analysis to the Engineer with all requests for time extension.

B. The Time Impact Analysis must include a written narrative and supporting impact schedule Fragnet detailing
the Project delays resulting from the alleged delay. The impact schedule Fragnet, separate and distinct
from the Progress Schedule update, must demonstrate that the changes or anticipated delays affect
Activities of the current accepted Progress Schedule. The impact schedule will be incorporated into the
Progress Schedule only after it is accepted by the Commissioner and a time extension is approved. The
Fragnet submitted as part of the Time Impact Analysis must illustrate the impact of these changes or delays
on the date for Substantial Completion.

PART II – PRODUCTS (Not Used)

PART III – EXECUTION (Not Used)

END OF SECTION 01 32 16.10

PROJECT SCHEDULES (METHOD A)

01 32 16.10 - 12
 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

SECTION 01 32 16.20
PROJECT SCHEDULES (METHOD B)

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SECTION 01 32 16.20

PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:
A. This section includes the following:
1. Methods
2. Definitions
3. Preliminary, Baseline, and Project Schedule Preparation Timeline
4. Preliminary Project Schedule Development
5. Project Schedule
6. Activity and Calendar Coding Structure
7. Work Breakdown Structure (WBS)
8. Major Milestones
9. Short (Three-Week) Interval/Two-Week Look-Ahead
10. Submittals
11. Project Schedule Updating
12. Time Impact Analysis

1.3 METHODS:

A. The Contractor must comply with Project schedule development and updating requirements as
specified herein.
1. The Contractor must employ or retain the services of a Construction Scheduler with verifiable
construction scheduling experience, subject to review and acceptance by the City. Upon request,
the Contractor must provide the City with qualifications and experience of the proposed
scheduling staff member(s).
2. The Contractor must prepare, update, and maintain a detailed Project Schedule using a version
of scheduling software that is compatible with the City’s Oracle Primavera P6 Enterprise Project
Portfolio Management (EPPM). All schedule submittals must be developed using Oracle’s
Primavera P6 EPPM software. Schedules must be developed using accepted CPM techniques
using the Precedence Diagramming Method (PDM). The Project Schedule must be developed
following Defense Contract Management Agency (DCMA) and American Association of Cost
Engineering International (AACE International) guidance. The Contractor will be required to use

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the Contractor’s own P6 license (whether single-user or Enterprise license), unless otherwise
directed by the Commissioner. If directed by the Commissioner prior to the Notice to Proceed
(NTP), the Contractor must use the Department’s P6 Enterprise license and develop the Progress
Schedule within the Department’s Enterprise environment.
3. Once the Baseline Schedule is accepted by the City, progress updates to the Project Schedule
must be submitted monthly, unless otherwise directed by the City, until Substantial Completion.
The Data Date for the schedule updates must use the last Friday of the month, or as directed by
the City.
4. The Contractor will be responsible for providing the monthly schedule updates once the Baseline
Schedule is approved. Each monthly schedule update must be accompanied with a schedule
narrative that explains the following:
a) The progress of work during that particular period of performance;
b) Any changes in schedule Logic;
c) The physical conditions that were used to update every Activities Percent Complete;
d) Any change in actual Start and Finish Dates;
e) Any Duration changes;
f) Any added and deleted Activities; and,
g) Any added Extra Work (e.g., change orders).

1.4 DEFINITIONS:

A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

Term Definition

A representation of a discrete portion of the overall scope of Work or an event

Activity
through Duration and description in a CPM schedule.

The planned and detailed CPM schedule of Activities, including all Logic,
Baseline Schedule Durations, Resource and Cost Loading, and showing the entire scope of Work.
The Baseline Schedule must be accepted by the City.

The longest sequence of Activities in a network which establishes the minimum

Critical Path
length of time for accomplishment of the end event of the Project.

A management technique used to plan and control a Project which combines all
relevant information into a single plan defining the sequence and Duration of
Critical Path Method (CPM)
operations and depicting the interrelationship of the Work elements required to
complete the Project.

The most recently updated schedule that captures progress to date and forecasts
Current Schedule
the dates for each Activity.

The date used as a starting point for scheduling calculations. The Data Date is
Data Date changed to the current end of period date when a schedule is updated for
progress.

Duration The amount of time, in workdays, an Activity will take to perform.

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Term Definition

The earliest estimated date an Activity is calculated to be complete, based on the

Finish Date estimated performance of all prior Activities to which the Activity is logically
connected in a progressive relationship.

The calculated amount of time that the estimated start or finish of an Activity can
Free Float be delayed without impacting the start or finish of other downstream Activities
logically connected in a progressive relationship. (See Finish Date and Late
Finish).

Fragnet Fragmentary network: a portion of a schedule detailing impacts of an event on

specific Activities in the broader schedule.
Any weather condition, the duration of which varies in excess of the 3-year
Inclement Weather average published by the National Oceanic and Atmospheric Administration
(NOAA) information for the local area.

The Commissioner’s overall schedule covering design, procurement, and

Integrated Project Schedule construction. The Commissioner will use the Contractor’s Project Schedule to
update the Integrated Project Schedule.

An estimate of the latest plausible date an Activity’s completion can be postponed

without rendering as unachievable the required completion of any downstream
Late Finish
Milestones to which the Activity is Logically connected to in a progressive
relationship.

An estimate of the latest plausible date an Activity’s start can be postponed without
Late Start rendering as unachievable the required completion of any downstream Milestones
to which the Activity is Logically connected to in a progressive relationship.

A direct progressive relationship between Activities where one Activity’s

Logic
performance restricts the performance of another Activity.

Milestone A key or critical point in time for reference or measurement.

A graphic diagram of a network schedule, showing Activities and Activity

Network Diagram
relationships.

The estimated amount of time, in Work Days, an Activity is expected to take to

complete at the beginning of a Project as anticipated by the Contractor based on
Original Duration
its planned means and methods at time of bid and documented in the Baseline
Schedule.

The percentage of the scope of Work represented by an Activity completed as of

Percent Complete
the Data Date calculated as physical percent complete for payment purposes.

The Contractor’s schedule used to manage the orderly and expeditious completion
Project Schedule of the Work. The Project Schedule is initially the accepted Baseline Schedule, and
is updated throughout the Project.

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Term Definition

The amount of time, in Work Days, the remaining scope of Work represented by
Remaining Duration
an Activity is expected to take to complete, measured from the current Data Date.

Values assigned for estimated dollars, manpower, equipment and/or materials

Resource and Cost Loading
necessary to complete the scope of Work represented by a specific Activity.

A Recovery Schedule outlining and incorporating extraordinary efforts required to

recover lost time with the aim of achieving completion of the Project within the
stipulated contract Duration, plus authorized time extensions. In such case, special
attention must be given to minimize delays as much as possible and must
Recovery Schedule
establish the nature of efforts; for instance, resources and equipment required,
extended hours of work, weekend work, accelerated fabrication, required action(s)
or effort(s) by the Contractor, its subcontractors, consultants, clients, end users
and/or other concerned parties to recover the schedule.

A Baseline Schedule, Project Schedule, or Recovery Schedule for the Project that
shows the actual Duration of all the completed Activities, including Duration of and
the reasons for delays, if any have occurred, AND revisions to all remaining
Revised and/or Updated Activities of the Contractor and its subcontractors, including changes, if any, to
Schedule logical ties, interrelations and the sequence of each of the outlined Activities. Any
such revisions should be shown on the row just below the approved schedule of
the respective Activity so that revisions can be compared. The Revised and/or
updated Schedule must be reviewed and approved by the City.

The earliest estimated date an Activity is calculated to begin, based on the

Start Date estimated performance of all prior Activities to which the Activity is logically
connected in a progressive relationship.

A forward looking (prospective) schedule analysis used to forecast the impact to

the Critical Path and to Milestone Finish Dates caused by a single event or series
Time Impact Analysis
of events. Time Impact Analysis is not a retrospective (forensic) schedule analysis
or a what-if schedule analysis of a potential event.

The amount of time the start or finish of an Activity can be delayed without
Total Float
affecting the Project completion date.

WBS is a deliverable-oriented decomposition of a Project into smaller components.

Work Breakdown Structure
A WBS provides the necessary framework for detailed cost estimating and control
(WBS)
along with providing guidance for schedule development and control.

Work Days are every consecutive day on the calendar, excluding weekends
Work Days (WD)
(Saturday and Sunday) and holidays.

1.5 PRELIMINARY, BASELINE, AND PROJECT SCHEDULE PREPARATION TIMELINE:

A. Upon receipt of the NTP, the Contractor must promptly prepare a preliminary Project Schedule and
subsequently a Baseline Schedule and must submit for the City’s acceptance as follows:

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1. Submit the Contractor’s CPM Scheduler’s qualifications to the City for approval within seven
(7) Days after NTP. The City will respond to the submittal within seven (7) Days of the
submittal receipt.
2. The preliminary Project Schedule must be submitted no later than twenty-one (21) Days after
NTP.
3. The initial submittal of the Baseline Schedule must be provided to the City for review no later
than forty-five (45) Days after NTP.
4. The Contractor must incorporate all corrections and revisions required by the City and provide
an updated version of the Baseline Schedule for review and acceptance no later than
seventy-five (75) Days after NTP to ensure that the Baseline Schedule is accepted no later
than ninety (90) Days after the NTP. The ninety (90) Days must include fourteen (14) Days
review time by the City for each submittal of the Baseline Schedule.
5. Once accepted, the Baseline Schedule will be the basis of Project Schedule updates.

B. Remedies
1. Preliminary Project Schedule: The City will take a credit of three thousand dollars ($3,000) if
the preliminary Project Schedule is not submitted within twenty-one (21) Days of the NTP.
2. Acceptable Baseline Schedule: The City will take a credit of five thousand dollars ($5,000) if
an acceptable Baseline Schedule is not submitted within ninety (90) Days of the NTP.
3. Monthly Progress Schedule updates: The City will take a credit of two thousand dollars
($2,000) for each schedule update not submitted within the period it was due.
4. Scheduling Firm Services: If an acceptable Baseline Schedule is not provided by the
Contractor within ninety (90) Days of the NTP or three (3) updates are not provided by the
Contractor during the period they are due, the City may engage the services of a scheduling
firm to develop a Project schedule or update an existing schedule. The total cost of such
services will be deducted from the monies due to the Contractor.
a. Any schedules and updates developed by such scheduling firm are for the City’s sole
use and do not, in any way, represent an acceptance of responsibility by the City to
schedule the Work or relieve the Contractor of the obligation to complete the Work
within the Durations specified by the Contract.
5. The City will only accept the submitted information after all corrections have been made and
all issues have been resolved. The City may find the Contractor in default if items required by
this Section are incomplete.

1.6 PRELIMINARY PROJECT SCHEDULE DEVELOPMENT:

A. The preliminary Project Schedule must be a detailed plan (division level per Construction Specifications
Institute (CSI) MasterFormat) of all operations, including submittals, permitting, testing, and
construction Activities, for either the first ninety (90) Days after NTP or to the point where the Contractor
plans to mobilize on site (whichever is greater). This submittal will also depict a summary level (section
level per CSI MasterFormat) schedule of the major Activities for the remainder of the Work.
B. The preliminary Project Schedule will be reviewed by the City and returned with comments, as
necessary, within fourteen (14) Days of submittal receipt. Information from the preliminary Project
Schedule will be the general foundation for development of the Baseline Schedule.

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1.7 PROJECT SCHEDULE:

A. The Baseline Schedule must show the sequence in which the Contractor proposes to perform the Work,
and account for all major and intermediate Milestone Activities, phasing, restrictions of access,
availability of work areas and the availability and use of labor, materials, and equipment.
B. After the Baseline Schedule is approved, the Project Schedule must be the Contractor's working
schedule and must be used to plan, organize, execute, and track the Project. The Project Schedule is
the primary vehicle used to report actual performance, progress, and convey the Contractor’s execution
plan to complete all of the Work.
C. The Project Schedule must show the sequence in which the Contractor proposes to perform the Work,
and account for all major and intermediate Milestone Activities, phasing, restrictions of access,
availability of work areas and the availability and use of labor, materials, and equipment.
D. The Project Schedule must be the Contractor's working schedule used to plan, organize, execute, and
track the Project. The Project Schedule is the primary vehicle used to report actual performance,
progress, and convey the Contractor's execution plan to complete all remaining Work.
E. All delay claims must be based on the current approved updates of the Project Schedule.
F. The Contractor must confirm in writing that all subcontractors performing any portion of the Work are
in agreement with the accepted Baseline Schedule and the monthly updates.
G. The amount of detail represented in the Baseline and Project Schedule and supporting documents
submitted must, at a minimum, include the following items :
1. Contract Milestones must be identified and included in the Baseline and Project Schedule.
2. All submittal, owner review & approval, purchase, manufacture, and delivery Activities for all
major materials and equipment.
3. Deliveries of owner-furnished equipment and/or materials.
4. Preparation, submittal, and approval of drawings, material samples, and safety plans.
5. Preparation, submittal, review, and approval of permits required by all regulatory agencies
and other third parties.
6. Performance of tests, submission of test reports, and approval of test results.
7. Commissioning Activities for all commissioned systems and equipment is to be clearly
delineated and scheduled such that they will be completed prior to Substantial Completion.
Such Activities must include, at a minimum, Pre-Functional testing and check sheets; Testing,
Adjusting, and Balancing (TAB) verification; Functional Testing, including testing of all
controls; and Owner’s demonstration and orientation.
8. Completion dates of all items required for phased completion (if applicable).
9. Completion dates of all items required for Substantial Completion.
10. Completion dates of all items required to obtain a Temporary Certificate of Occupancy (TCO)
and Certificate of Occupancy (CO).
11. Completion dates for close-out of regulatory and punch list items prior to Final Acceptance
and transfer of the Project.
12. Any additional detail requested by the Commissioner.

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H. Activities identified in the Baseline and Project Schedule must have the Duration in units of whole Work
Days. Construction Activity Durations must not exceed twenty (20) work days unless specifically
approved by the City. This is to ensure that Activities are not generalized and that each Activity and
sub-Activity are defined as narrowly as reasonable to facilitate schedule tracking. Durations for non-
construction Activities such as procurement of materials, delivery of equipment, concrete curing, etc.,
may exceed twenty (20) work days without prior approval; however, these are still subject to review by
the City. Durations must be based on the available resources required for performing each Activity and
must be the result of definitive labor hours using established production rates, and with consideration
of on-site working conditions. If requested by the City, the Contractor must justify the reasonableness
of a planned Duration.
I. Activity descriptions must use plain language that clearly and uniquely define each Activity. Each
description must include a verb or work function (e.g. submit, form, pour etc.) an object (e.g. slab,
foundation, etc.) and, for any construction Activities, a specific location. The Work related to each
Activity must be limited to one responsibility and one trade.
J. Activity relationships must be assigned to clearly establish predecessor and successor relationships to
each Activity. Open-ended Activities are not permitted with the exception of the first and last Activities
in the network, the first Activity being NTP and the last being Final Acceptance. The use of relationship
lag times is discouraged and only permitted with prior approval by the City. The use of negative lag is
never permitted.
K. Activity constraint dates are only to be used to reflect contractual constraints unless specifically
authorized by the City.
L. Float or slack in any schedule must not be for the exclusive use or benefit of either the City or the
Contractor, but must be available for use by both the City and the Contractor.
M. Each resubmittal after the Project Schedule is delivered for acceptance must comply with all
requirements of this section. Review and response by the City will be given within fourteen (14) Days
after resubmission. The Contractor’s receipt of the comments within the time specified must not in any
way affect the Contractor’s responsibility to complete the Project within the time fixed in Schedule A.
N. Failure by the City to return comments or indicate acceptance status will in no way relieve the
Contractor’s obligation to submit monthly schedule updates.
O. At the request of the City, the Contractor must be required to make a presentation to explain or clarify
the intended logical sequence of construction Activities depicted in the detailed Project Schedule. The
Contractor and designated scheduler must discuss anticipated challenges and outline construction
methodology and flow of work to show how and when major Milestones will be achieved. In addition,
the Contractor may, at no cost to the City, be required to participate in additional Project meetings
necessary to obtain acceptance of the above noted submittals.

1.8 ACTIVITY AND CALENDAR CODING STRUCTURE:

A. The Baseline and Project Schedules must contain a sufficient number of Activities to represent
adequate planning and execution of the Work so that it shows an accurate flow of work and
demonstrates an understanding of the Project by the Contractor.
B. Activity ID and Calendar Coding
1. The Contractor’s proposed Activity and calendar coding and must be submitted with the
preliminary Project Schedule. A meeting may be requested by the City to discuss the scheme
and other schedule information prior to the submittal of the Project Schedule. The accepted
coding scheme and WBS Structure must be incorporated into the Project Schedule.

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C. Activity ID Coding
1. All Activities/Resources/Calendars (Baseline and Project Schedules) must be coded inside
the P6 Project Environment / Project Level (NOT the Global Environment/Enterprise Level)
to facilitate selection, sorting and preparation of reports.
2. Activity coding must consist of the Project ID followed by a dash, followed by Activity coding
(PROJECT ID-ACTIVITY CODE). Activity codes must be created at the Project level and
must utilize the coding scheme outlined in the table below:
Activity Code Meaning
Responsibility: Identify the party (e.g. Contractor, subcontractor, City, etc.) responsible for the
RESP
Activity.
Phase: Breakdown of Activities in Milestones, pre-construction, procurement, construction and
PHAS
close-out Activities.
LOCN Location: Breakdown by floor or elevation.
Area: Breakdown by room, area, block or wing. May be used as a subdivision of PHAS to include
AREA Milestones, permits, subcontractor approvals, submittals, fabrication and delivery, and subdivision
of the Site and buildings into Logical modules, such as by blocks, wings, etc.
TRAD Trade: Breakdown by CSI Code or section number in the Specifications.

a. Description of schedule Activities must include terminology that represents the scope
of work associated with that particular Activity. Terminology used to describe similar
actions must be consistent across all segments of work.
b. Naming convention for schedule Activities must be descriptive and indicate the
associated work covered by the Activity. Activities must use a verb, noun, and location
of the work in the Activity name.
3. Project Calendar Coding
a. All calendars created and assigned to Activities must be Project-level calendars. The
Calendar Name must consist of the Project ID number followed by a dash, followed by
a descriptive Calendar Name (PROJECT ID-CALENDAR NAME).

1.9 WORK BREAKDOWN STRUCTURE:

A. A multi-level hierarchal WBS must be incorporated in all P6 schedules. An initial, proposed WBS must
be submitted with the preliminary Project Schedule. The levels (nodes) must include, but not be limited
to:
1. LEVEL 01 – The Project Level.
2. LEVEL 02 – Contains a minimum of four (4) nodes; Pre-Construction, Procurement,
Construction or Phase of Construction, and Closeout.
3. LEVEL 03 – Decomposition of each of the four (4) nodes in Level 02 into its constituent parts.
This level must target specific, tangible, deliverable scopes of the Project Work.
B. The Contractor’s proposed WBS must be submitted with the preliminary Project Schedule. The
accepted WBS must be incorporated into the Baseline and Project Schedule.

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1.10 MAJOR MILESTONES:

A. The schedule must include both contractual and non-contractual Milestones that are provided by the
City. These Milestones must be properly associated with the related Work packages and maintained to
represent the progress of the Project.

1.11 SHORT (THREE-WEEK) INTERVAL / TWO-WEEK LOOK-AHEAD:

A. On a bi-weekly basis, the Contractor must provide a three (3) week short interval schedule in a format
satisfactory to the City. The purpose of this schedule is to report the actual progress of the past week
against the previous short interval look-ahead Activities and add any additional Activities planned for
the next two (2) weeks. Electronic files and hard copies must be provided to the City on the first day of
each work week with the prior week’s actual progress included.

B. Each Task listed on the short interval schedule must be representative of the most current Project
Schedule Update and include a reference to an Activity shown on the current update.

1.12 SUBMITTALS:
A. General
1. Development of the Baseline Schedule and updating of the Project Schedule must follow the
DCMA and AACE International guidelines.
2. Each electronic submission of the Project Schedule must be assigned a unique file name
consisting of the Project ID (as noted on the NTP followed by a dash followed by a unique file
name clearly marked (i.e. ProjID- B000 = B/L rev0, ProjID-B001 = B/L rev01 etc.) to indicate
the specific submission. Similarly, update submittals must be named ProjID-Uxxx where xxx
is a sequential number, starting with 001, indicating the revision or issue number.
3. The Contractor must provide all submittals in electronic format and two hard copies.
B. Preliminary Project Schedule
1. For acceptance of the preliminary Project Schedule the Contractor must submit the following:
a. Two (2) 11” x 17” hard copies of the proposed preliminary Project schedule, as well as
the native electronic schedule data file, in .XER file format, per the direction of the City.
b. A Schedule Narrative Report detailing the Contractor’s initial plan for executing the
Contract work within the allotted Contract Duration, and include the following
explanation of their provided preliminary schedule:
i. The proposed WBS;
ii. All proposed Project Calendars;
iii. All proposed Activity Codes, clearly defined;
iv. The proposed Activity ID format; and
v. Schedule basis narrative, which must memorialize assumptions made in the
development of the schedule.
C. Baseline Schedule
1. The City will return comments within ten (10) Work Days after receipt of the initial Project
Schedule Submission. If any of the required submissions are returned to the Contractor for
corrections or revisions, they must be resubmitted within five (5) Work Days from receipt of

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comments. Each resubmittal must comply with the requirements enumerated above. Review
and response by the City will be given within ten (10) Work Days after resubmission.
2. At the request of the City, the Contractor will be required to participate in Project meetings
necessary to obtain an acceptance of the above noted submittals.
3. Baseline Schedule submittal must contain a Narrative Report. It must include the following,
or as directed by the City:
a. A description of the Project scope and how the Work is represented in the schedule
Activities;
b. A description of the overall sequence of major components of Work;
c. Planned work week for each definable feature of work;
d. Description of the Critical Path and near Critical Paths;
e. Basis of Durations, described in terms of quantity and production rate;
f. How weather will be accommodated in the schedule, including a description of the
weather calendar and the Activities it is applied to, and the NOAA Inclement Weather
data that defined the number of non-Work Days;
g. How regulatory, operational or third-party constraints are accommodated in the
schedule;
h. Description of key Project coordination points or events;
i. Discussion of long lead items and basis of time frames for submittals;
j. Description of anticipated means and methods for large quantity production Activities;
and,
k. Potential opportunities and risks, including quantification of the schedule reduction or
expansion.
D. Project Schedule Updates
1. Every schedule submittal must be provided with a corresponding narrative. These schedule
submittals and narratives are to be submitted in hard copy, as well as in the native electronic
format, as attachments to emails or other media accepted by the City. When opened, the
electronic format must provide flawless restoration of the native files (P6 (.XER) for Primavera
schedule files and MS Word and/or Adobe Acrobat for Narrative and supporting document
submittals).
2. For each submittal of the updated Project Schedule, the following layouts, reports, and
graphics are required in the specified formats, unless otherwise directed by the City:
a. The Contractor must furnish two (2) 11” x 17” hard copies of the complete progress
schedule with each initial schedule update and final update incorporating comments
furnished by the City. Additionally, the Contractor must provide the native electronic
schedule data file, in .XER file format, with the initial and final schedule update
submission.
b. An Activity bar chart layout grouped by Activity Code and then sorted by Start Date,
Finish Date, and then Total Float.
c. Each Activity line must display the Activity ID (Act ID), Description (Name), Original
Duration (OD), Remaining Duration (RD), Start Date (ES), Finish Date (EF), and Total
Float (TF), Baseline Original Duration (BL OD) Baseline Start (BL Start), Baseline
Finish (BL Fin), Baseline Total Float (BL TF).

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d. An Activities progress bar must show both current progress update ES and EF, and
baseline ES and EF. The top line of the bar chart area must contain the updated ES
and EF; the second line below must depict the accepted baseline ES and EF dates.
3. The City may request additional standard P6 reports from time to time at no additional cost.
4. The Monthly Update submittal must contain a Narrative Report. It must include the following,
or as directed by the City:
a. Any changes to the schedule basis narrative
b. A discussion of progress through the update period and status of the Project with
respect to completion of the schedule. The progress reporting must detail work
Activities that relate to the Project’s Critical Path and if these Activities are progressing
as planned.
c. A discussion of changes, delays or other circumstances affecting Progress including
identified risks and opportunities and the Contractor’s strategy.
d. A listing and brief explanation of modifications to the previously submitted network
including Logic changes and Activity additions, deletions or modifications.
e. An update on the status of long lead items and whether the item is on the Critical Path.
f. The Contractor must report on all out of sequence Activities, the cause of this deviation
to plan, and the proposed resolution of this issue.
g. The Contractor must include an explanation of assumptions and exclusions made in
developing the schedule update and narrative.
5. The Contractor must provide a copy of the computer file(s) in electronic format or other media
accepted by the City. When opened, the electronic format must provide flawless restoration
of the native files and an electronic copy of the Narrative Report.

1.13 PROJECT SCHEDULE UPDATING:

A. The initial updating must take place immediately after the City accepts the Contractor's Baseline
Schedule. The Data Date for the first update must not exceed seven (7) Days from the date of receipt
of the accepted Baseline Schedule, or as directed by the City.
B. Subsequent updates of the Project Schedule must be submitted monthly until Substantial Completion.
The schedule data date must be the last Work Day of the period unless otherwise directed by the City.
Updates must be provided to the City no later than seven (7) Days after the ‘schedule Data Date’.
C. Updates must reflect actual or reasonably anticipated progress as of the last Work Day of the period.
D. The City may request meetings with the Contractor to review the Project Schedule and Narrative and
jointly verify Project health and information.
E. In addition, the City may request meetings with the Contractor’s scheduling representative to:
1. Resolve out-of-sequence Logic;
2. Should out-of-sequence progress occur where Activities have reported progress without
predecessor Activities being completed, the Contractor must obtain the City’s approval in a
Proposed Schedule before revising the Logic ties to reflect the way the Work is actually being
performed. Use of progress override by default mechanisms that may be included in CPM
scheduling software systems will not be allowed except on a case-by-case basis with the
approval of the City. A written explanation for each instance must be included in the monthly
submittal narrative.
3. Assess the impact, if any, of any pending change orders.
4. Incorporate accepted time extensions.

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5. Review revised Logic (as-built and projected) and changes in Activity Duration, cost, and
labor hours assigned.
F. Contractor’s failure to provide required scheduling information within the required timeframe or to
adhere to the currently accepted schedule may result in rejection of all or a portion of the progress
payment until such time as the required schedule information is submitted and accepted by the City.
G. Delays to the Critical Path – Whenever it becomes apparent from the monthly CPM schedule update
that delays to the Critical Path have occurred due to action or inaction of the Contractor and, as a result,
the date for Substantial Completion will not be met, the Contractor must promptly take some or all of
the following actions at no additional cost to the City, unless otherwise directed by the City:
1. Increase construction manpower in such quantities and crafts as will substantially eliminate
the backlog of Work.
2. Increase the number of working hours per shift, shifts per day, or Work Days per week; the
amount of construction equipment; the forms for concrete work; etc., or any combination of
the foregoing to substantially eliminate the backlog of Work.
3. Reschedule Activities to achieve maximum practical concurrence of accomplishment of
Activities and comply with the revised schedule.
4. Submit to the City for review a written statement of the steps the Contractor intends to take
to remove or arrest the delay to the schedule.
5. Add to its equipment and materials or construction forces, as well as increase the working
hours, if operations for critical, less critical or non-critical Activities fall behind the Contractor's
Baseline Schedule at any time during the construction period.
H. The City may, at any time during the Project and at no additional cost to the City, require the Contractor
to develop a more detailed schedule/ Fragnet than depicted in the Baseline Schedule to provide a
clearer understanding of the effort needed to complete an Activity or group of Activities.
I. If the City determines that either the Critical Path is in the negative by four (4) weeks, or that the
Project’s date for completion may be affected, the Contractor may be required, at no additional cost to
the City, to prepare a Recovery Schedule. Such Recovery Schedule is subject to review and
acceptance by the City.
1. The recovery schedule must propose alternative methods, overtime, and other means
available to the Contractor to recover the delays incurred to date.
2. The Recovery Schedule must be resource-loaded with manpower and equipment required to
bring the date for Substantial Completion back into compliance.
J. The Contractor must submit an "As-Built Schedule", as the last schedule update showing all Activities,
with the exception of punch list and closeout tasks, at Substantial Completion. This schedule must
reflect the exact manner in which the Project was actually constructed.

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1.14 TIME IMPACT ANALYSIS:

A. In addition to the requirements of the Standard Construction Contract Article 11, the Contractor must submit
a Time Impact Analysis to the Engineer with all requests for time extension.

B. The Time Impact Analysis must include a written narrative and supporting impact schedule Fragnet detailing
the Project delays resulting from the alleged delay. The impact schedule Fragnet, separate and distinct
from the Progress Schedule update, must demonstrate that the changes or anticipated delays affect
Activities of the current accepted Progress Schedule. The impact schedule will be incorporated into the
Progress Schedule only after it is accepted by the Commissioner and a time extension is approved. The
Fragnet submitted as part of the Time Impact Analysis must illustrate the impact of these changes or delays
on the date for Substantial Completion.

PART II – PRODUCTS (Not Used)

PART III – EXECUTION (Not Used)

END OF SECTION 01 32 16.20

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SECTION 01 32 16.30
PROJECT SCHEDULES (METHOD C)

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SECTION 01 32 16.30

PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:
A. This section includes the following:
1. Methods
2. Definitions
3. Preliminary, Baseline, and Project Schedule Preparation Timeline
4. Preliminary Project Schedule Development
5. Project Schedule
6. Activity and Calendar Coding Structure
7. Work Breakdown Structure (WBS)
8. Major Milestones
9. Short (Three-Week) Interval/Two-Week Look-Ahead
10. Submittals
11. Project Schedule Updating
12. Time Impact Analysis

1.3 METHODS:

A. The Contractor must comply with Project schedule development and updating requirements as
specified herein.
1. The Contractor must employ or retain the services of a Construction Scheduler with verifiable
construction scheduling experience, subject to review and acceptance by the City. Upon
request, the Contractor must provide the City with qualifications and experience of the
proposed scheduling staff member(s).
2. The Contractor must prepare, update, and maintain a detailed Project Schedule using a
version of scheduling software that is compatible with the City’s Oracle Primavera P6
Enterprise Project Portfolio Management (EPPM). All schedule submittals must be developed
using Oracle’s Primavera P6 EPPM software. Schedules must be developed using accepted
CPM techniques using the Precedence Diagramming Method (PDM). The Project Schedule
must be developed following Defense Contract Management Agency (DCMA), and American

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Association of Cost Engineering International (AACE International) guidance. The Contractor

will be required to use the Contractor’s own P6 license (whether single-user or Enterprise
license), unless otherwise directed by the Commissioner. If directed by the Commissioner
prior to the Notice to Proceed (NTP), the Contractor must use the Department’s P6 Enterprise
license and develop the Progress Schedule within the Department’s Enterprise environment.
3. Once the Baseline Schedule is accepted by the City, progress updates to the Project
Schedule must be submitted monthly, unless otherwise directed by the City, until Substantial
Completion. The Data Date for the schedule updates must use the last Friday of the month,
or as directed by the City.
4. The Contractor must be responsible for providing the monthly schedule updates once the
Baseline Schedule is approved. Each monthly schedule update must be accompanied with a
schedule narrative that explains the following:
a) The progress of work during that particular period of performance;
b) Any changes in schedule Logic;
c) The physical conditions that were used to update every Activities Percent Complete;
d) Any change in actual Start and Finish Dates;
e) Any Duration changes;
f) Any added and deleted Activities; and
g) Any added Extra Work (e.g., change orders).

1.4 DEFINITIONS:

A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

Term Definition

A representation of a discrete portion of the overall scope of Work or an

Activity
event through Duration and description in a CPM schedule.

The planned and detailed CPM schedule of Activities, including all Logic,
Baseline Schedule Durations, Resource and Cost Loading, and showing the entire scope of
Work. The Baseline Schedule must be accepted by the City.

The longest sequence of Activities in a network which establishes the

Critical Path minimum length of time for accomplishment of the end event of the
Project.

A management technique used to plan and control a project which

combines all relevant information into a single plan defining the sequence
Critical Path Method (CPM)
and Duration of operations and depicting the interrelationship of the Work
elements required to complete the Project.

The most recently updated schedule that captures progress to date and
Current Schedule
forecasts the dates for each Activity.

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Term Definition

The date used as a starting point for scheduling calculations. The Data
Data Date Date is changed to the current end of period date when a schedule is
updated for progress.

Duration The amount of time, in workdays, an Activity will take to perform.

The earliest estimated date an Activity is calculated to be complete,

Finish Date based on the estimated performance of all prior Activities to which the
Activity is logically connected in a progressive relationship.

The calculated amount of time that the estimated start or finish of an

Free Float Activity can be delayed without impacting the start or finish of other
downstream Activities logically connected in a progressive relationship.
(See Finish Date and Late Finish).

Fragnet Fragmentary network: a portion of a schedule detailing impacts of an

event on specific Activities in the broader schedule.
Any weather condition, the duration of which varies in excess of the 3-
Inclement Weather year average published by the National Oceanic and Atmospheric
Administration (NOAA) information for the local area.

The Commissioner’s overall schedule covering design, procurement, and

Integrated Project Schedule construction. The Commissioner will use the Contractor’s Project
Schedule to update the Integrated Project Schedule.

An estimate of the latest plausible date an Activity’s completion can be

postponed without rendering as unachievable the required completion of
Late Finish
any downstream Milestones to which the Activity is Logically connected
to in a progressive relationship.

An estimate of the latest plausible date an Activity’s start can be

postponed without rendering as unachievable the required completion of
Late Start
any downstream Milestones to which the Activity is Logically connected
to in a progressive relationship.

A direct progressive relationship between Activities where one Activity’s

Logic
performance restricts the performance of another Activity.

Milestone A key or critical point in time for reference or measurement.

A graphic diagram of a network schedule, showing Activities and Activity

Network Diagram
relationships.

The estimated amount of time, in Work Days, an Activity is expected to

take to complete at the beginning of a project as anticipated by the
Original Duration
Contractor based on its planned means and methods at time of bid and
documented in the Baseline Schedule.

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Term Definition

The percentage of the scope of Work represented by an Activity

Percent Complete completed as of the Data Date calculated as physical percent complete
for payment purposes.

The Contractor’s schedule used to manage the orderly and expeditious

Project Schedule completion of the Work. The Project Schedule is initially the accepted
Baseline Schedule, and is updated throughout the Project.

The amount of time, in Work Days, the remaining scope of Work

Remaining Duration represented by an Activity is expected to take to complete, measured
from the current Data Date.

Values assigned for estimated dollars, manpower, equipment and/or

Resource and Cost Loading materials necessary to complete the scope of Work represented by a
specific Activity.

A Recovery Schedule outlining and incorporating extraordinary efforts

required to recover lost time with the aim of achieving completion of the
Project within the stipulated contract Duration, plus authorized time
extensions. In such case, special attention must be given to minimize
Recovery Schedule delays and must establish the nature of efforts; for instance, resources
and equipment required, extended hours of work, weekend work,
accelerated fabrication, required action(s) or effort(s) by the Contractor,
its subcontractors, consultants, clients, end users and/or other concerned
parties to recover the schedule.

A Baseline Schedule, or Progress Project Schedule, or Recovery

Schedule for the Project that shows the actual Duration of all the
completed Activities, including Duration of and the reasons for delays, if
any have occurred, AND revisions to all remaining Activities of the
Contractor and its subcontractors, including changes, if any, to logical
Revised and/or Updated Schedule
ties, interrelations and the sequence of each of the outlined Activities.
Any such revisions should be shown on the row just below the approved
schedule of the respective Activity so that revisions can be compared.
The Revised and/or updated Schedule must be reviewed and approved
by the City.

The earliest estimated date an Activity is calculated to begin, based on

Start Date the estimated performance of all prior Activities to which the Activity is
logically connected in a progressive relationship.

A forward looking (prospective) schedule analysis used to forecast the

impact to the Critical Path and to Milestone Finish Dates caused by a
Time Impact Analysis single event or series of events. Time Impact Analysis is not a
retrospective (forensic) schedule analysis or a what-if schedule analysis
of a potential event.

The amount of time the start or finish of an Activity can be delayed

Total Float
without affecting the Project completion date.

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Term Definition

WBS is a deliverable-oriented decomposition of a Project into smaller

components. A WBS provides the necessary framework for detailed cost
Work Breakdown Structure (WBS)
estimating and control along with providing guidance for schedule
development and control.

Work Days are every consecutive day on the calendar, excluding

Work Days (WD)
weekends (Saturday and Sunday) and holidays.

1.5 PRELIMINARY, BASELINE, AND PROJECT SCHEDULE PREPARATION TIMELINE:

A. Upon receipt of the NTP, the Contractor must promptly prepare a preliminary Project Schedule and
subsequently a Baseline Schedule and must submit for the City’s acceptance as follows:
1. Submit the Contractor’s CPM Scheduler’s qualifications to the City for approval within seven
(7) Days after NTP. The City will respond to the submittal within seven (7) Days of the
submittal receipt.
2. The preliminary Project Schedule must be submitted no later than twenty-one (21) Days after
NTP.
3. The initial submittal of the Baseline Schedule must be provided to the City for review no later
than forty-five (45) Days after NTP.
4. The Contractor must incorporate all corrections and revisions required by the City and provide
an updated version of the Baseline Schedule for review and acceptance no later than
seventy-five (75) Days after NTP to ensure that the Baseline Schedule is accepted no later
than ninety (90) Days after the NTP. The ninety (90) Days must include fourteen (14) Days
review time by the City for each submittal of the Baseline Schedule.
5. Once accepted, the Baseline Schedule will be the basis of Project Schedule updates.
B. Remedies
1. Preliminary Project Schedule: The City will take a credit of three thousand dollars ($3,000) if
the preliminary Project Schedule is not submitted within twenty-one (21) Days of the NTP.
2. Acceptable Baseline Schedule: The City will take a credit of five thousand dollars ($5,000) if
an acceptable Baseline Schedule is not submitted within ninety (90) Days of the NTP.
3. Monthly Progress Schedule updates: The City will take a credit of two thousand dollars
($2,000) for each schedule update not submitted within the period it was due.
4. Scheduling Firm Services: If an acceptable Baseline Schedule is not provided by the
Contractor within ninety (90) Days of the NTP or three (3) updates are not provided by the
Contractor during the period they are due, the City may engage the services of a scheduling
firm to develop a Project schedule or update an existing schedule. The total costs of such
services will be deducted from the monies due to the Contractor.
5. Any schedules and updates developed by such scheduling firm are for the City’s sole use
and do not, in any way, represent an acceptance of responsibility by the City to schedule the
Work or relieve the Contractor of the obligation to complete the Work within the Durations
specified by the Contract.

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6. The City will only accept the submitted information after all corrections have been made and
all issues have been resolved. The City may find the Contractor in default if items required
by this Section are incomplete.

1.6 PRELIMINARY PROJECT SCHEDULE DEVELOPMENT:

A. The preliminary Project Schedule must be a detailed plan (division level per Construction Specifications
Institute (CIS) MasterFormat) of all operations, including submittals, permitting, testing, and
construction Activities, for either the first ninety (90) Days after NTP or to the point where the Contractor
plans to mobilize on site (whichever is greater). This submittal will also depict a summary level (section
level per CSI MasterFormat) schedule of the major Activities for the remainder of the Work.

B. The preliminary Project Schedule will be reviewed by the City and returned with comments, as
necessary, within fourteen (14) Days of submittal receipt. Information from the preliminary Project
Schedule will be the general foundation for development of the Baseline Schedule.

1.7 PROJECT SCHEDULE:

A. The Baseline Schedule must show the sequence in which the Contractor proposes to perform the Work,
and account for all major and intermediate Milestone Activities, phasing, restrictions of access,
availability of work areas and the availability and use of labor, materials, and equipment.
B. After the Baseline Schedule is approved, the Project Schedule must be the Contractor's working
schedule and must be used to plan, organize, execute and track the Project. The Project Schedule is
the primary vehicle used to report actual performance, progress, and convey the Contractor’s execution
plan to complete the Work.
C. The Project Schedule must show the sequence in which the Contractor proposes to perform the Work,
and account for all major and intermediate Milestone Activities, phasing, restrictions of access,
availability of work areas and the availability and use of labor, materials, and equipment.
D. The Project Schedule must be the Contractor's working schedule used to plan, organize, execute, and
track the Project. The Project Schedule is the primary vehicle used to report actual performance,
progress, and convey the Contractor's execution plan to complete all remaining Work.
E. All delay claims must be based on the current approved updates of the Project Schedule.
F. The Contractor must confirm in writing that all subcontractors performing any portion of the Work are
in agreement with the accepted Baseline Schedule and the monthly updates.
G. The amount of detail represented in the Baseline and Project Schedule and supporting documents
submitted must, at a minimum, include the following, items:
1. Contract Milestones must be identified and included in the Baseline and Project Schedule.
2. All submittal, owner review & approval, purchase, manufacture, and delivery Activities for all
major materials and equipment.
3. Deliveries of owner-furnished equipment and/or materials.
4. Preparation, submittal, and approval of drawings, material samples, and safety plans.
5. Preparation, submittal, review, and approval of permits required by all regulatory agencies
and other third parties.
6. Performance of tests, submission of test reports, and approval of test results.

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7. Commissioning Activities for all commissioned systems and equipment is to be clearly

delineated and scheduled such that they will be completed prior to Substantial Completion.
Such Activities must include, at a minimum, Pre-Functional testing and check sheets; Testing,
Adjusting, and Balancing (TAB) verification; Functional Testing, including testing of all
controls; and Owner’s demonstration and orientation.
8. Completion dates of all items required for phased completion (if applicable).
9. Completion dates of all items required for Substantial Completion.
10. Completion dates of all items required to obtain a Temporary Certificate of Occupancy (TCO)
and Certificate of Occupancy (CO).
11. Completion dates for close-out of regulatory and punch list items prior to Final Acceptance
and transfer of the Project.
12. Any additional detail requested by the Commissioner.
H. Activities identified in the Baseline and Project Schedule must have the Duration in units of whole Work
Days. Construction Activity Durations must not exceed twenty (20) Work Days unless specifically
approved by the City. This is to ensure that Activities are not generalized and that each Activity and
sub-Activity are defined as narrowly as reasonable to facilitate schedule tracking. Durations for non-
construction Activities such as procurement of materials, delivery of equipment, concrete curing, etc.
may exceed twenty (20) Work Days without prior approval; however, these are still subject to review by
the City. Durations must be based on the available resources required for performing each Activity and
must be the result of definitive labor hours using established production rates, and with consideration
of on-site working conditions. If requested by the City, the Contractor must justify the reasonableness
of a planned Duration.
I. Activity descriptions must use plain language that clearly and uniquely defines each Activity. Each
description must include a verb or work function (e.g. submit, form, pour etc.), an object (e.g. slab,
foundation, etc.) and, for any construction Activities, a specific location. The Work related to each
Activity must be limited to one responsibility and one trade.
J. Activity relationships must be assigned to clearly establish predecessor and successor relationships to
each Activity. Open-ended Activities are not permitted with the exception of the first and last Activities
in the network, the first Activity being NTP and the last being Final Acceptance. The use of relationship
lag times is discouraged and only permitted with prior approval by the City. The use of negative lag is
never permitted.
K. Activity constraint dates are only to be used to reflect contractual constraints unless specifically
authorized by the City.
L. Float or slack, in any schedule, must not be for the exclusive use or benefit of either the City or the
Contractor, but must be available for use by both the City and the Contractor.
M. Each resubmittal after the Project Schedule is delivered for acceptance must comply with all
requirements of this section. Review and response by the City will be given within fourteen (14) Days
after resubmission. The Contractor’s receipt of the comments within the time specified must not, in any
way, affect the Contractor’s responsibility to complete the Project within the time fixed in Schedule A.
N. Failure by the City to return comments or indicate acceptance status will in no way relieve the
Contractor’s obligation to submit monthly schedule updates.
O. At the request of the City, the Contractor must be required to make a presentation to explain or clarify
the intended logical sequence of construction Activities depicted in the detailed Project Schedule. The
Contractor and designated scheduler must discuss anticipated challenges and outline construction
methodology and flow of work to show how and when major Milestones will be achieved. In addition,

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the Contractor may, at no cost to the City, be required to participate in additional Project meetings
necessary to obtain acceptance of the above-noted submittals.
P. The Contractor must provide a Cost Flow Projection (CFP) summary covering from NTP to Final
Acceptance. The CFP summary must match the expected billings for each period of performance.

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 1.7.Q

Q. Schedule Cost and Resource Loading

1. At the direction of the City, and at no additional cost to the City, a Project Schedule must be
cost loaded within thirty (30) Days after acceptance of the Baseline Schedule.
2. The Contractor must accurately load all Project Activities with direct field labor associated
with the craft or trades required to complete that Activity. All labor must be noted in manhours
required to complete the tasking. The Contractor must include in all Activities the hours
required of for major pieces of equipment.
3. All Resource ID’s must have a unique identifier assigned by the Contractor, and approved
by the City, so the Project-specific data can be separated from other data in the system.
4. Cost loading must be accomplished by adding a single summary level cost loaded Activity in
the Project Schedule. This Activity will allow initial generation and monthly updates of the
planned value that is time-phased into monthly periods.
5. The intent of the cost loading is to facilitate cost forecasting, tracking, and reporting of monthly
cost projection. Every month, the cost loaded summary Activity must be updated with earned
value for prior months and revised monthly forecast for future periods. If there is a significant
difference between the actual cumulative monthly invoice and the cumulative planned value
from the cost loaded Project Schedule for any reporting month, the Contractor must provide
the City with the reason for variance in the schedule narrative.

1.8 ACTIVITY AND CALENDAR CODING STRUCTURE:

A. The Baseline and Project Schedules must contain a sufficient number of Activities to represent
adequate planning and execution of the Work so that it shows an accurate flow of work and
demonstrates an understanding of the Project by the Contractor.
B. Activity ID and Calendar Coding
1. The Contractor’s proposed Activity and calendar coding and must be submitted with the
preliminary Project Schedule. A meeting may be requested by the City to discuss the scheme
and other schedule information prior to the submittal of the Project Schedule. The accepted
coding scheme and WBS Structure must be incorporated into the Project Schedule.
C. Activity ID Coding
1. All Activities/Resources/Calendars (Baseline and Project Schedules) must be coded inside
the P6 Project Environment / Project Level (NOT the Global Environment/Enterprise Level)
to facilitate selection, sorting and preparation of reports.
2. Activity coding must consist of the Project ID followed by a dash, followed by Activity coding
(PROJECT ID-ACTIVITY CODE). Activity codes must be created at the Project level and
must utilize the coding scheme outlined in the table below:

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Activity Code Meaning

Responsibility: Identify the party (e.g. Contractor, subcontractor, City, etc.) responsible for the
RESP
Activity.
Phase: Breakdown of Activities in Milestones, pre-construction, procurement, construction and
PHAS
close-out Activities.
LOCN Location: Breakdown by floor or elevation.
Area: Breakdown by room, area, block or wing. May be used as a subdivision of PHAS to include
AREA Milestones, permits, subcontractor approvals, submittals, fabrication and delivery, and subdivision
of the Site and buildings into Logical modules, such as by blocks, wings, etc.
TRAD Trade: Breakdown by CSI Code or section number in the Specifications.

a. Description of schedule Activities must include terminology that represents the scope
of work associated with that particular Activity. Terminology used to describe similar
actions must be consistent across all segments of work.
b. Naming convention for schedule Activities must be descriptive and indicate the
associated work covered by the Activity. Activities must use a verb, noun, and location
of the work in the Activity name.
3. Project Calendar Coding
a. All calendars created and assigned to Activities must be Project-level calendars. The
Calendar Name must consist of the Project ID number followed by a dash, followed by
a descriptive Calendar Name (PROJECT ID-CALENDAR NAME).

1.9 WORK BREAKDOWN STRUCTURE:

A. A multi-level hierarchal WBS must be incorporated in all P6 schedules. An initial, proposed WBS must
be submitted with the preliminary Project Schedule. The levels (nodes) must include, but not be limited
to:
1. LEVEL 01 – The Project Level.
2. LEVEL 02 – Contains a minimum of four (4) nodes: Pre-Construction, Procurement,
Construction or Phase of Construction, and Closeout.
3. LEVEL 03 – Decomposition of each of the four (4) nodes in Level 02 into its constituent parts.
This Level must target specific, tangible, scopes of the Project Work.
4. LEVEL 04 – Decomposition of Level 03 Activities providing work package details that provide
an understanding of the process to be used to execute the Project Work.
B. The Contractor’s proposed WBS must be submitted with the preliminary Project Schedule. The
accepted WBS must be incorporated into the Baseline and Project Schedule.

1.10 MAJOR MILESTONES:

A. The schedule must include both contractual and non-contractual Milestones that are provided by the
City. These Milestones must be properly associated with the related Work and maintained to represent
the progress of the Project.

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1.11 SHORT (THREE-WEEK) INTERVAL / TWO-WEEK LOOK-AHEAD:

A. On a weekly basis, the Contractor must provide a three (3) week short interval schedule in a format
satisfactory to the City. The purpose of this schedule is to report the actual progress of the past week
against the previous short interval look-ahead Activities and add any additional Activities planned for
the next two (2) weeks. Electronic and hard copies must be provided to the City on the first day of each
work week with the prior week’s actual progress included.

B. Each task listed on the short interval schedule must be representative of the most current Project
Schedule Update and include a reference to an Activity shown on the current update.

1.12 SUBMITTALS:
A. General
1. Development of the Baseline Schedule and updating of the Project Schedule must follow the
DCMA and AACE International guidelines.
2. Each electronic submission of the Project Schedule must be assigned a unique file name
consisting of the Project ID (as noted on the NTP), followed by a dash followed by a unique
file name clearly marked (i.e. ProjID- B000 = B/L rev0, ProjID-B001 = B/L rev01 etc.) to
indicate the specific submission. Similarly, update submittals must be named ProjID-Uxxx
where xxx is a sequential number, starting with 001, indicating the revision or issue number.
3. The Contractor must provide all submittals in electronic format and two hard copies.
B. Preliminary Project Schedule
1. For acceptance of the preliminary Project Schedule, the Contractor must submit the following:
a. Two (2) 11” x 17” hard copies of the proposed preliminary Project Schedule, as well as
the native electronic schedule data file, in .XER file format, per the direction of the City.
b. A Schedule Narrative Report detailing the Contractor’s initial plan for executing the
Contract work within the allotted Contract Duration, and include the following
explanation of their provided preliminary schedule:
i. The proposed (WBS);
ii. All proposed Project Calendars;
iii. All proposed Activity Codes, clearly defined;
iv. The proposed Activity ID format; and
v. Schedule basis narrative, which must memorialize the assumptions made in
the development of the schedule.

C. Baseline Schedule
1. The City will return comments within ten (10) Work Days after receipt of the initial Project
Schedule Submission. If any of the required submissions are returned to the Contractor for
corrections or revisions, they must be resubmitted within five (5) Work Days from receipt of
comments. Each resubmittal must comply with the requirements enumerated above. Review
and response by the City will be given within ten (10) Work Days after resubmission.
2. At the request of the City, the Contractor will be required to participate in Project meetings
necessary to obtain an acceptance of the above noted submittals.
3. Baseline Schedule submittal must contain a Narrative Report. It must include the following,
or as directed by the City:

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a. A description of the Project scope and how the Work is represented in the schedule
Activities;
b. A description of the overall sequence of major components of Work;
c. Planned work week for each definable feature of work.
d. Description of the Critical Path and near Critical Paths;
e. Basis of Durations, described in terms of quantity and production rate;
f. How weather will be accommodated in the schedule, including a description of the
weather calendar and the Activities it is applied to, and the NOAA Inclement Weather
data that defined the number of non-work days;
g. How regulatory, operational or third-party constraints are accommodated in the
schedule;
h. Description of key Project coordination points or events;
i. Discussion of long lead items and basis of time frames for submittals;
j. Description of anticipated means and methods for large quantity production Activities;
k. Potential opportunities and risks, including quantification of the schedule reduction or
expansion; and
l. Assumptions/exclusions made in the schedule.
D. Project Schedule Updates
1. Every schedule submittal must be provided with a corresponding narrative. These schedule
submittals and narratives must be submitted in hard copy and the native electronic format as
attachments to emails or other media accepted by the City. When opened, the electronic
format must provide flawless restoration of the native files (P6 (.XER) for Primavera schedule
files and MS Word and/or Adobe Acrobat for narrative and supporting document submittals).
2. For each submittal of the updated Project Schedule, the following layouts, reports, and
graphics are required in the specified formats, unless otherwise directed by the City:
a. The Contractor must furnish two (2) 11” x 17” hard copies of the complete progress
schedule with each initial schedule update and final update incorporating comments
furnished by the City. Additionally, the Contractor must provide the native electronic
schedule data file, in .XER file format with the initial and final schedule update
submission.
b. An Activity bar chart Layout grouped by Activity Code and then sorted by Start Date,
Finish Date, and Total Float.
c. Each Activity line must display the Activity ID (Act ID), Description (Name), Original
Duration (OD), Remaining Duration (RD), Start Date (ES), Finish Date (EF), and Total
Float (TF), Baseline Original Duration (BL OD), Baseline Start (BL Start), Baseline
Finish (BL Fin), Baseline Total Float (BL TF).
d. An Activities progress bar must show both current progress update ES and EF, and
baseline ES and EF. The top line of the bar chart area must contain the updated ES
and EF; the second line below must depict the accepted baseline ES and EF dates.
3. The City may request additional standard P6 reports from time to time at no additional cost.
4. The Monthly Update submittal must contain a Narrative Report. It must include the following,
or as directed by the City:

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
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a. Any changes to the schedule basis narrative;

b. Overall health of the Project;
c. Actual Activity Start Dates;
d. Actual Activity Finish Dates;
e. The physical conditions that were used to update Activities percent complete
f. Percent of Work reported in place;
g. Contract and Milestone completion date status:
i. Number of Days ahead or behind schedule; and
ii. Days lost/gained compared with the previous update.
h. Schedule change report organized by Milestone and area comparing the number of
Activities that were planned to start and finish to the number that actually started and
finished for the reporting period;
i. Lookahead report listing each Activity in the CPM schedule that is scheduled to be
performed during the next reporting period;
j. Plans for executing scheduled Activities during the next reporting period;
k. Analysis, organized by Milestone and area, of the Critical Path and near Critical Path(s)
describing:
i. The nature of the Critical Path/near Critical Path;
ii. Impact on other Activities, Milestones and Finish dates; and
iii. Identify, or update, risks and opportunities that may impact the Critical
Path/near Critical Paths.
l. List of current and anticipated delays by Milestone:
i. Cause of the delay;
ii. Corrective actions and schedule adjustments to correct the delay;
iii. Impact of the delay on other Activities, Milestones and completion dates; and
iv. Weather delays, when applicable. The Contractor must describe how the
impacts of weather conditions and constraints were absorbed and accounted
for in the schedule.
m. Changes in Activity description, Logic, or Duration must be submitted as a separate
Proposed Schedule and approved by the City prior to being submitted as an official
update. Once allowed, said changes must be grouped and organized in the report in
a manner that communicates in detail the rationale associated with each change and
the impact upon construction sequence, relationships and the Critical Path. A standard
Digger Report is not sufficient to meet this requirement;
n. Added/deleted Activities and the rationale associated with each action;
o. Pending issues and status of other items;
p. Permits;
q. Contract modifications;
r. Current and potential extra Work, including change orders;
s. Status of long lead procurement items and whether the item is on the Critical Path;
t. Status of Project submittals;

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u. Out of sequence report describing the necessity of each Activity relationship shown
therein, as described within this Section;
v. Illogical progress/restraint reports (if any);
w. Other Project or scheduling concerns;
x. Electronic copy of the latest CPM schedule update file in Primavera (.XER) format; and
y. Primavera scheduling error report.

1.13 PROJECT SCHEDULE UPDATING:

A. The initial updating must take place immediately after the City accepts the Contractor's Baseline
Schedule. The Data Date for the first update must not exceed seven (7) Days from the date of receipt
of the accepted Baseline Schedule, or as directed by the City.
B. Subsequent updates to the Project Schedule must be submitted monthly until Substantial Completion
is achieved. The schedule Data Date must be set to the last Work Day of the period unless otherwise
directed by the City. Updates must be provided to the City no later than seven (7) Days after the
‘schedule Data Date’.
C. Updates must reflect actual or reasonably anticipated progress as of the last Work Day of the period.
D. The City may request meetings with the Contractor to review the Project Schedule and narrative and
jointly verify Project health and information.
E. In addition, the City may request meetings with the Contractor’s scheduling representative to:
1. Resolve out-of-sequence Logic.
2. Should out-of-sequence progress occur where Activities have reported progress without
predecessor Activities being completed, the Contractor must obtain the City’s approval in a
Proposed Schedule before revising the Logic ties to reflect the way the Work is actually being
performed. Use of progress override by default mechanisms that may be included in CPM
scheduling software systems will not be allowed except on a case-by-case basis with the
approval of the City. A written explanation for each instance must be included in the monthly
submittal narrative.
3. Assess the impact, if any, of any pending change orders.
4. Incorporate accepted time extensions.
5. Review revised Logic (as-built and projected) and changes in Duration, cost, and labor hours
assigned.
F. Contractor’s failure to provide required scheduling information within the required timeframe or to
adhere to the currently accepted schedule may result in rejection of all or a portion of the progress
payment until such time as the required schedule information is submitted and accepted by the City.
G. Delays to the Critical Path – Whenever it becomes apparent from the monthly CPM schedule update
that delays to the Critical Path have occurred due to action or inaction of the Contractor, and as a result
the date for Substantial Completion will not be met, the Contractor must promptly take some or all of
the following actions at no additional cost to the City, unless otherwise directed by the City:
1. Increase construction manpower in such quantities and crafts as will substantially eliminate
the backlog of Work.

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2. Increase the number of working hours per shift, shifts per day, or Work Days per week; the
amount of construction equipment; the forms for concrete work; etc., or any combination of
the foregoing to substantially eliminate the backlog of Work.
3. Reschedule Activities to achieve maximum resource utilization across the Project and comply
with the revised schedule.
4. Submit to the City a written statement of the steps the Contractor intends to take to remove
or arrest the delay to the schedule. The Contractor must promptly provide the necessary level
of effort to bring the Work back on schedule.
5. Add to its equipment and materials or construction forces, as well as increase the working
hours, if operations for critical, less critical, or non-critical Activities fall behind the Contractor's
Baseline Schedule at any time during the construction period.
H. The City may, at any time during the Project and at no additional cost to the City, require the Contractor
to develop a more detailed schedule/Fragnet than depicted in the Baseline Schedule to provide a
clearer understanding of the effort needed to complete an Activity or group of Activities.
I. If the City determines that either the Critical Path is in the negative by four (4) weeks, or that the
Project’s date for completion may be affected, the Contractor may be required, at no additional cost to
the City, to prepare a Recovery Schedule. Such Recovery Schedule is subject to review and
acceptance by the City. The Recovery Schedule must propose alternative methods, overtime, and other
means available to the Contractor to recover the delays incurred to date.
J. The Contractor must submit an "As-Built Schedule", as the last schedule update showing all Activities,
with the exception of punch list and closeout tasks, at Substantial Completion. This schedule must
reflect the exact manner in which the Project was actually constructed.

1.14 TIME IMPACT ANALYSIS:

A. In addition to the requirements of the Standard Construction Contract Article 11, the Contractor must submit
a Time Impact Analysis to the Engineer with all requests for time extension.

B. The Time Impact Analysis must include a written narrative and supporting impact schedule Fragnet detailing
the Project delays resulting from the alleged delay. The impact schedule Fragnet, separate and distinct
from the Progress Schedule update, must demonstrate that the changes or anticipated delays affect
Activities of the current accepted Progress Schedule. The impact schedule will be incorporated into the
Progress Schedule only after it is accepted by the Commissioner and a time extension is approved. The
Fragnet submitted as part of the Time Impact Analysis must illustrate the impact of these changes or delays
on the date for Substantial Completion.

PART II – PRODUCTS (Not Used)

PART III – EXECUTION (Not Used)

END OF SECTION 01 32 16.30

PROJECT SCHEDULES (METHOD C)

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
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Issue Date: March 15, 2020

SECTION 01 32 33
PHOTOGRAPHIC DOCUMENTATION

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SECTION 01 32 33

PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:
A. This Section includes the following:
1. Photographic Media
2. Construction Photographs
3. Pre-construction Photographs
4. Periodic Construction Progress Photographs
5. Special Photographs
6. DVD Recordings
7. Final Completion Construction Photographs
B. RELATED SECTIONS: include without limitation the following:
1. Section 01 10 00 SUMMARY
2. Section 01 33 00 SUBMITTAL PROCEDURES
3. Section 01 35 91 HISTORIC TREATMENT PROCEDURES
4. Section 01 78 39 CONTRACT RECORD DOCUMENTS
5. Section 01 81 19 INDOOR AIR QUALITY REQUIREMENTS FOR LEED BUILDINGS
C. PHOTOGRAPHER - The Contractor must employ and pay for the services of a professional photographer
who will take photographs showing the progress of the Work.

1.3 DEFINITIONS:

A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.
B. Design Consultant: “Design Consultant” must mean the entity responsible for providing design services
for the Project, including without limitation, preparing the construction documents (drawings and
specifications) and providing services in connection with such documents during construction. The entity
serving as the “Design Consultant” may be a corporation, firm, partnership, joint venture, individual or
combination thereof. Such entity may be either an employee(s) of the City or an entity engaged by the
City to provide such services.

1.4 SUBMITTALS:
A. Qualification Data: For photographer.
B. Key Plan: With each Progress Photograph Submittal include a key plan of Project site and building with
notation of vantage points marked for location and direction of each image. Indicate location, elevation or
story of construction. Include same label information as corresponding set of photographs.

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C. Construction Progress Photograph Prints: Take Progress Photographs bi-weekly and submit four (4) color
prints of each photographic view for each trade to the Resident Engineer. Such Progress Photographs
must be included in each monthly progress report or as otherwise directed by the Resident Engineer.
D. Digital Files: Submit digital files in the format required.

1.5 QUALITY ASSURANCE:

A. Photographer Qualifications: An individual who has been regularly engaged as a professional

photographer of construction projects for not less than three (3) years.

1.6 COORDINATION:

A. The Contractor and its subcontractor(s) must cooperate with the photographer and provide auxiliary
services requested, including access to Project site and use of temporary facilities, such as temporary
lighting required to produce clear and well-lit photographs without obscuring shadows.

1.7 COPYRIGHT:
A. The Contractor must include the provisions of this Subsection 1.7 in the agreement between the
Contractor and the Photographer who will provide the construction photographs described in this Section.
The Contractor must submit to the Resident Engineer a copy of its agreement with the Photographer.
B. Any photographs, images and/or other materials produced pursuant to this Agreement, and any and all
drafts and/or other preliminary materials in any format related to such items produced pursuant to this
Agreement, will, upon their creation, become the exclusive property of the City.
C. Any photographs, images and/or other materials provided pursuant to this Agreement (“Copyrightable
Materials”) will be considered “work-made-for-hire” within the meaning and purview of Section 101 of the
United States Copyright Act, 17 U.S.C. § 101, and the City will be the copyright owner thereof and of all
aspects, elements and components thereof in which copyright protection might exist. To the extent that
the Copyrightable Materials do not qualify as “work-made-for-hire,” the Photographer hereby irrevocably
transfers, assigns and conveys exclusive copyright ownership in and to the Copyrightable Materials to the
City, free and clear of any liens, claims, or other encumbrances. The Photographer will retain no
copyright or intellectual property interest in the Copyrightable Materials. The Copyrightable Materials
must be used by the Photographer for no purpose other than in the performance of this Agreement
without the prior written permission of the City. The Department may grant the Photographer a license to
use the Copyrightable Materials on such terms as determined by the Department and set forth in the
license.
D. The Photographer acknowledges that the City may, in its sole discretion, register copyright in the
Copyrightable Materials with the United States Copyright Office or any other government agency
authorized to grant copyright registrations. The Photographer must fully cooperate in this effort and
agrees to provide any and all documentation necessary to accomplish this.
E. The Photographer represents and warrants that the Copyrightable Materials: (i) are wholly original
material not published elsewhere (except for material that is in the public domain); (ii) do not violate any
copyright Law; (iii) do not constitute defamation or invasion of the right of privacy or publicity; and (iv) are
not an infringement, of any kind, of the rights of any third party. To the extent that the Copyrightable
Materials incorporate any non-original material, the Photographer has obtained all necessary permissions
and clearances, in writing, for the use of such non-original material under this Agreement, copies of which
must be provided to the City.

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PART II – PRODUCTS

2.1 PHOTOGRAPHIC MEDIA:

A. Digital Images: Digital files must be captured as 7.2 megapixel files or greater, with a minimum pixel array
of 2,400 pixels by 3,000 pixels. The camera used to capture the digital files must be a Digital SLR (Single
Lens Reflex) camera or approved equal; “point and shoot” cameras or camera phones are not
acceptable. Digital cameras must produce images using true optical resolution; “digital zoom” is not
acceptable. Images must not be resized or interpolated. The file format for digital files must be Joint
Photographic Experts Group format (“JPG”). The digital files must not be modified or processed in any
way to alter the JPG file’s metadata, including the photograph’s original capture date.
B. Digital Files: Digital files must be submitted on Digital Versatile Disk (“DVD”) or as specified by the
Commissioner. DVDs must be inserted in standard weight Archival Quality clear poly sheet protectors and
submitted in a hard cover three (3) ring binder. The information imprinted on each print must be provided
on an Excel file included on the DVD. The DVD must be labeled with the Project ID and the Project
description. Labeling using adhesive labels is not acceptable.
C. Prints:
1. Format: 8-by-10-inch (203-by-254-mm) smooth-surface matte color prints on single-weight
commercial-grade stock paper, with 1-inch wide margins and punched for standard 3-ring binder.
2. Identification: On the front of each photograph affix a label in the margin with Project name and
date photograph was taken. On the back of each print, provide an applied label or rubber-stamped
impression with the following information:
a. Project Contract I.D. Number.
b. Project Contract Name.
c. Name of Contractor. (and Subcontractor Trade Represented)
d. Subject of Image Taken.
e. Date and time photograph was taken if not date stamped by camera.
f. Description of vantage point, indicating location, direction and other pertinent information.
g. Unique sequential identifier.
h. Name and address of photographer.

PART III – EXECUTION

3.1 CONSTRUCTION PHOTOGRAPHS:

A. General: Take photographs that provide the largest possible depth-of-field while still in focus, to clearly
show the Work. Photographs with blurry or out-of-focus areas will not be accepted.
1. Maintain key plan with each set of construction photographs that identifies each photographic
location and direction of view.
B. Digital Images: Submit digital images exactly as originally recorded in the digital camera, without
alteration, manipulation, editing, or modifications using image-editing software.
1. Date and Time: Include date and time in filename for each image.
2. Field Office Images: Maintain one set of images on USB drive, or other electronic media requested
by the Commissioner, in the field office at the Project site so that it is available at all times for
reference. Ensure that the images are the same as for those submitted to Commissioner.

3.2 PRE-CONSTRUCTION & PRE-DEMOLITION PHOTOGRAPHS:

A. Before commencement of Contract Work at the Project site, take color photographs of Project site and
surrounding properties, including existing structures or items to remain during construction, from different
vantage points, as directed by the Resident Engineer.
1. Flag applicable excavation areas and construction limits before taking construction photographs.

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2. Take photographs of minimum eight (8) views to show existing conditions adjacent to property
before starting the Work.
3. Take applicable photographs of minimum eight (8) views of existing buildings either on or adjoining
property to accurately record physical conditions at start of construction.
4. Take additional photographs as required or directed by the Resident Engineer to record settlement
or cracking of adjacent structures, pavements, and improvements.
B. Demolition Operations: Take photographs as directed by the Resident Engineer of minimum of eight (8)
views each before commencement of demolition operations, at mid-point of operations and at completion
of operations.
C. Pre-Demolition Photographs: Take archival quality color photographs, to include all exterior building
facades, of all structures at the Project site designated to be fully demolished or removed in compliance
with New York City Building Code requirements. Submit four (4) complete sets of pre-demolition
photographs, in the format specified herein, to the Resident Engineer for submission to the New York City
Department of Buildings.

3.3 PERIODIC CONSTRUCTION PROGRESS PHOTOGRAPHS:

A. Take photographs of minimum eight (8) views bi-weekly as directed by the Resident Engineer of
construction progress for each contract trade. Select vantage points to show status of construction and
progress since last photographs were taken.

3.4 SPECIAL PHOTOGRAPHS:

A. The photographer must take special photographs of subject matter or events as specified in other
sections of the Project Specifications from vantage points specified or as otherwise directed by the
Resident Engineer.
B. Historical Elements: As required in Section 01 35 91 HISTORIC TREATMENT PROCEDURES, for
Contract Work at designated landmark structures or sites, the photographer, as specified and required by
individual sections of the Contract documents or at the direction of the Commissioner, must take images
of existing elements scheduled to be removed for replacement, repair or replication in quantities as
directed, including post-construction photographs of completed Work as directed by the Commissioner.
1. Take Presentation Quality Photographs of designated landmark structures as directed by the
Commissioner for submission to the New York City Landmarks Preservation Commission. Provide
a minimum of four (4) color photographic prints of each view as directed.

3.5 VIDEO RECORDING:

A. When Video Recording of Demonstration and Orientation sessions is required, the Contractor must
provide the services of a Videographer as indicated in Section 01 79 00 DEMONSTRATION AND
OWNER’S PRE-ACCEPTANCE ORIENTATION.

3.6 FINAL COMPLETION CONSTRUCTION PHOTOGRAPHS:

A. For submission as Project Record Documents, take color photographs of minimum eight (8) unobstructed
views of the completed Project and/or Project site, as directed by the Commissioner and after all
scaffolding, hoists, shanties, field offices or other temporary work has been removed and final cleaning
has been done after date of Substantial Completion. Submit four (4) sets of each view of Presentation
Quality photographic prints, including negatives and/or digital images electronic file.

END OF SECTION 01 32 33

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

SECTION 01 33 00
SUBMITTAL PROCEDURES

PART 1 – GENERAL:

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:

A. This Section includes administrative and procedural requirements for submitting Shop Drawings,
Coordination Drawings, Catalogue Cuts, Material Samples, and other Submittals required by the Contract
Documents.
B. Review of Submittals does not relieve the Contractor of responsibility for any Contractor’s errors or
omissions in such Submittals, nor from responsibility for complying with the requirements of the Contract.
C. Responsibility of the Contractor: The approval of Shop Drawings will be general and will not relieve the
Contractor of the following responsibilities:
1. Accuracy of such Shop Drawings;
2. Proper fitting and construction of the Work
3. Furnishing of materials or Work required by the Contract that may not be indicated on the Shop
Drawings.
D. Approval of Shop Drawings must not be construed as approving departures from the Contract Drawings,
Supplementary Drawings, or Specifications.
E. This Section includes the following:
1. Definitions
2. Submission Procedures
3. Coordination Drawings
4. LEED Submittals
5. Ultra Low Sulfur Diesel Fuel Reporting
6. Construction Photographs and Recordings
7. As-Built Documents

1.3 RELATED SECTIONS: Include without limitation the following:

A. Section 01 10 00 SUMMARY
B. Section 01 31 00 PROJECT MANAGEMENT AND COORDINATION
C. Section 01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION
D. Section 01 32 33 PHOTOGRAPHIC DOCUMENTATION
E. Section 01 77 00 CLOSEOUT PROCEDURES
F. Section 01 78 39 CONTRACT RECORD DOCUMENTS
G. Section 01 81 13.03 SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v3 BUILDINGS
H. Section 01 81 13.04 SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v4 BUILDINGS

1.4 DEFINITIONS:

A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

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B. Design Consultant: “Design Consultant” must mean the entity responsible for providing design services
for the Project, including without limitation, preparing the construction documents (drawings and
Specifications) and providing services in connection with such documents during construction. The entity
serving as the “Design Consultant” may be a corporation, firm, partnership, joint venture, individual or
combination thereof. Such entity may be either an employee(s) of the City or an entity engaged by the
City to provide such services.

C. Submittals: Written and graphic information that requires responsive actions and includes, without
limitation, all Shop Drawings, product data, letters of certification, tests and other information required for
quality control and as required by the Contract Documents.

D. Informational Submittals: Written information that does not require responsive action. Informational
Submittals may be rejected for non-compliance with the Contract.

E. Shop Drawings: Drawings, diagrams, illustrations, schedules, performance charts, brochures, and other
data, except for coordination drawings, specifically prepared for the Project by the Contractor or any
subcontractor, manufacturer, supplier or distributor, which illustrates how specific portions of the Work
must be fabricated and/or installed.

F. Coordination Drawings: As required in Section 01 31 00 PROJECT MANAGEMENT AND

COORDINATION.

G. Product Data and Quality Assurance Submittals: Includes manufacturer’s standard catalogs, pamphlets,
and other printed materials including without limitation the following:

1. Catalogue and Product specifications

2. Installation instructions
3. Color charts
4. Catalog cuts
5. Rough-in diagrams and templates
6. Wiring diagrams
7. Performance curves
8. Operational range diagrams
9. Mill reports
10. Design data and calculations
11. Certification of compliance or conformance
12. Manufacturer’s instructions and field reports

1.5 COORDINATION DRAWINGS:

A. The Contractor must provide reproducible Coordination Drawing(s) of the reflective ceiling showing the
integration of all applicable Contract Work, including general construction work as well as trade work
(Plumbing, HVAC, and Electrical) to be performed by subcontractors. The Coordination Drawing(s) must
include, without limitation, the following information:
1. General Construction Contract Work: show the reflective ceiling plan, including starting points,
ceiling and beam soffits elevations, ceiling heights, roof openings, etc.
2. HVAC Contract Work: show ductwork, heating and sprinkler piping, location of grilles, registers,
etc., and access doors in hung ceilings. Locations must be fixed by elevations and dimensions from
column centerlines and/or walls.
3. Plumbing Contract Work: show piping, valves, cleanouts etc., indicating locations, elevations and
indicating the necessary access doors.

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4. Electrical Contract Work: show fixtures, large conduit runs, clearances, pull boxes, junction boxes,
sound system speakers, etc.
B. The Contractor must issue the completed Coordination Drawing(s) to the Resident Engineer for his/her
review. The Resident Engineer may call as many meetings as necessary with the Contractor, including
attendance by applicable subcontractors, and may call on the services of the Design Consultant where
necessary, to resolve any conflicts that become apparent.
C. Upon resolution of any conflicts, the Contractor must provide a final Coordination Drawing(s) which will
become the Master Coordination Drawing(s). The Master Coordination Drawing(s) must be signed and
dated by the Contractor to indicate acceptance of the arrangement of the Work.
D. A reproducible copy of the Master Coordination Drawing(s) must be provided by the Contractor to each of
the appropriate subcontractor(s), the Resident Engineer, and the Design Consultant for information.
E. Shop Drawings must not be submitted prior to acceptance of the final coordinated drawings and must be
prepared in accordance with the Master Coordination Drawing(s). No work will be permitted without
accepted Shop Drawings. It is therefore essential that this procedure be instituted as quickly as possible.

1.6 SUBMITTAL PROCEDURES:

A. Refer to Section 01 35 03 GENERAL MECHANICAL REQUIREMENTS and Section 01 35 06 GENERAL

ELECTRICAL REQUIREMENTS for additional Submittal requirements involving electrical and
mechanical work or equipment of any nature called for in the Project.
B. Coordination: Coordinate preparation and processing of Submittals with performance of construction
activities.
1. Coordinate each Submittal with fabrication, purchasing, testing, delivery, other Submittals, and
related activities that require sequential activities, with the Submittal Schedule specified in Section
01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION.
2. Coordinate transmittal of different types of Submittals for related parts of the Work so processing
will not be delayed because of need to review Submittals concurrently for coordination.
3. The Commissioner reserves the right to withhold action on a Submittal requiring coordination with
other Submittals until related Submittals are received.
C. Submittals Schedule: The Submittals Schedule is set forth in Schedule F, which is included in the
Addendum.
D. Identification: Place a permanent label or title block on each Submittal for identification.
1. Indicate name of firm or entity that prepared each Submittal on label or title block.
2. Provide a space approximately 6 by 8 inches on label or beside title block to record Contractor's
review and approval markings and action taken by Design Consultant.
3. Include the following minimum information on label for processing and recording action taken:
a. Project name, DDC Project Number, and Contract Number
b. Date
c. Name and address of Design Consultant
d. Name and address of Contractor
e. Name and address of subcontractor
f. Name and address of supplier
g. Name of manufacturer
h. Submittal number or other unique identifier, including revision identifier
i. Number and title of appropriate Specification Section
j. Drawing number and detail references, as appropriate
k. Location(s) where product is to be installed, as appropriate
l. Other necessary identification

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E. Transmittal:
1. Package each Submittal individually and appropriately for transmittal and handling. Transmit each
Submittal using a transmittal form in triplicate. Transmittals received from sources other than the
Contractor will be returned without review. Re-submission of the same drawings or product data
must bear the original number of the prior submission and the original titles.
2. Transmittal Form: Provide locations on form for the following information:
a. Project name, DDC Project number and Contract Number
b. Date
c. Destination (To:)
d. Source (From:)
e. Names of Contractor, subcontractor, manufacturer, and supplier
f. Category and type of Submittal
g. Submittal purpose and description
h. Specification Section number and title
i. Drawing number and detail references, as appropriate
j. Transmittal number, numbered consecutively
k. Submittal and transmittal distribution record
l. Remarks
m. Signature of transmitter

F. Shop Drawings:
1. Procedures for Preparing, Forwarding, Checking, and Returning all Shop Drawings must be,
generally, as follows:
a. The Contractor must make available to its subcontractors the necessary Contract Documents
and must instruct such subcontractor to determine dimensions and conditions in the field,
particularly in reference to coordination between the trade subcontractors. The Contractor
must direct its subcontractors to prepare Shop Drawings for submission to the Design
Consultant in accordance with the requirements of these General Conditions. The Contractor
must also direct its subcontractors to "Ring Up" corrections made on all re-submissions for
approval, so as to be readily seen, and that the appropriate symbol per item 2 below (e.g.,
"GC”) be used to identify the source of the correction or information that has been added.
The Contractor must:
1. Review and be responsible for information shown on its subcontractor's Shop and
Installation Drawings and manufacturers' data, and conformity to Contract Documents.
2. "Ring Up" corrections made on all submissions for approval, so as to be readily seen,
and that the symbol "GC", "PL", "HVAC", or "EL" be used to indicate that the correction
and/or information added was made by the Contractor and/or its subcontractor(s).
3. Clearly designate which entity is to perform the Work when the term, "work by others"
or other similar phrases are indicated on the Contract Drawings before submission to
the Design Consultant.
4. Stamp submissions "Recommended for Acceptance", date and forward to the Design
Consultant.
2. The Contractor must promptly prepare and submit project specific layout detail and Shop Drawings
of such parts of the Work as are indicated in the Specifications, Schedule F of the Addendum or as
required. These Shop Drawings must be made in accordance with the Contract Drawings,
Specifications and Supplementary Drawings, if any. The Shop Drawings must be accurate and
distinct and give all the dimensions required for the fabrication, erection, and installation of the
Work.

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3. Size of Drawings: The Shop Drawings, unless otherwise directed, must be on sheets of the same
size as the Contract Drawings, drawn accurately and of sufficient scale to be legible, with a one half
(1/2) inch marginal space on each side and a two (2) inch marginal space for binding on the left
side.
4. Scope of Drawings: Shop Drawings must be numbered consecutively and must accurately and
distinctly represent all aspects of the Work, including without limitation the following:
a. All working and erection dimensions
b. Arrangements and sectional views
c. Necessary details, including performance characteristics and complete information for
making necessary connections with other Work
d. Kinds of materials including thickness and finishes
e. Identification of products
f. Fabrication and installation drawings
g. Roughing-in and setting diagrams
h. Wiring diagrams showing field-installed wiring, including power, signal, and control wiring
i. Shop work manufacturing instructions
j. Templates and patterns
k. Schedules
l. Design calculations
m. Compliance with specified standards
n. Notation of coordination requirements
o. Notation of dimensions established by field measurement
p. Relationship to adjoining construction clearly indicated
q. Seal and signature of professional engineer if specified
r. Wiring Diagrams: Differentiate between manufacturer-installed and field-installed wiring
s. All other information necessary for the Work and/or required by the Commissioner
5. Titles and Reference: Shop Drawings must be dated and contain:
a. Name of the Project, DDC Project Number, and Contract Number
b. The descriptive names of equipment or materials covered by the Contract Drawings and the
classified item number or numbers.
c. The locations or points and sequence at which materials, or equipment, are to be installed in
the Work
d. Cross references to the section number, detail number, and paragraph number of the
Contract Specifications
e. Cross references to the sheet number, detail number, etc., of the Contract Drawings

6. Field Measurements: In addition to the above requirements, the Shop Drawings must be signed by
the Contractor and, if applicable, the subcontractor responsible for preparation of the Shop
Drawings. Each Shop Drawing must be stamped with the following wording:
FIELD MEASUREMENTS: The Contractor certifies that it has verified and supplemented the
Contract Drawings by taking all required field measurements, which said measurements
correctly reflect all field conditions and that this Shop Drawing incorporates said
measurements.

7. Contractor’s Statement with Submittal: Any Submittal by the Contractor for acceptance, including
without limitation, all dimensional drawings of equipment, blueprints, catalogues, models, samples
and other data relative to the equipment, the materials, the Work or any part thereof, must be
accompanied by a statement that the Submittal has been examined by the Contractor and that
everything shown in the Submittal is in accordance with the requirements of the Contract Drawings
and Specifications. If there is any discrepancy between what is shown in the Submittal and the
requirements of the Contract Drawings and Specifications, the Contractor must, in its statement, list

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and clearly describe each discrepancy.

Acceptance will be given based upon the Contractor’s representation that what is shown in the
Submittal is in accordance with the requirements of the Contract Drawings and Specifications. If
the Contractor’s statement indicates any discrepancy between what is shown in the Submittal and
the requirements of the Contract Drawings and Specifications, such change is subject to review and
prior written acceptance by the Design Consultant. In addition, such change may require a change
order in accordance with Article 25 of the Contract. In the event any such change is approved, any
additional expense or increased cost in connection with the change is the sole responsibility of the
Contractor.
8. Submission of Shop Drawings:
a. Initial Submission: The Contractor must submit seven (7) copies, or as requested by the
Resident Engineer, of each Shop Drawing to the Design Consultant for his/her review and
acceptance. If PDF drawings are requested by the Resident Engineer, they must be provided
in an original “printed from digital” format, and not scanned. The Design Consultant will
transmit Shop Drawings to appropriate sub-consultants for review and acceptance, including
Commissioning Authority/Agent as applicable. A satisfactory Shop Drawing will be stamped
"No Exceptions Taken", be dated and distributed by the Design Consultant as follows:
1) Two (2) copies thereof will be returned to the Contractor by letter
2) Three (3) copies of the approved Shop Drawing and copy of the transmittal letter to the
Contractor will be forwarded to DDC
3) One copy will be retained by the Design Consultant
4) One copy will be forwarded / retained by sub-consultant(s) as appropriate
Should the Shop Drawing(s) be “Rejected” or noted “Revise and Resubmit” by the Design
Consultant, the Design Consultant will return the Shop Drawings to the Contractor with the
necessary corrections and changes to be made as indicated thereon.
b. Revisions: The Contractor must make such corrections and changes and again submit seven
(7) copies of each shop drawing to the Design Consultant. The Contractor must revise and
resubmit the Shop Drawing as required by the Design Consultant until the Shop Drawings are
stamped “No Exceptions Taken”. However, Shop Drawings which have been stamped "Make
Corrections Noted" will be considered an "Acceptable" Shop Drawing and NEED NOT be
resubmitted.
c. Commencement of Work: No Work or fabrication called for by the Shop Drawings must be
done until the acceptance of the said drawings by the Design Consultant is given. In addition
to the foregoing Shop Drawing transmissions, a copy of any Shop Drawing prepared by any
of the Contractor’s subcontractors which Shop Drawing indicated Work related to, adjacent
to, impinging upon, or affecting Work to be done by other subcontractors must be transmitted
to the subcontractors so affected. [These accepted Shop Drawings must be distributed to the
affected subcontractors when required with a copy of the transmittal to the Resident
Engineer.]
d. Variations: If the Shop Drawings show variations from the Contract requirements because of
standard shop practice or other reasons, the Contractor must make specific mention of such
variations in its letter of Submittal. Acceptance of the Shop Drawings must constitute
acceptance of the subject matter thereof only and not of any structural apparatus shown or
indicated.
G. Product Data:
1. General: Except as otherwise prescribed herein, the submission, review, and acceptance of
Product Data and Catalogue cuts must conform to the procedures specified in subsection 1.6 F,
Shop Drawings.

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2. If information must be specially prepared for the Submittal because standard printed data are not
suitable for use, submit as Shop Drawings, not as Product Data.
3. Mark each copy of the Submittal to show which products and options are applicable.
4. Include the following information, as applicable:
a. Manufacturer's written recommendations.
b. Manufacturer's product specifications.
c. Manufacturer's installation instructions.
d. Standard color charts.
e. Manufacturer's catalog cuts.
f. Wiring diagrams showing factory-installed wiring.
g. Printed performance curves.
h. Operational range diagrams.
i. Mill reports.
j. Standard product operation and maintenance manuals.
k. Compliance with specified referenced standards.
l. Testing by recognized testing agency.
m. Application of testing agency labels and seals.
n. Notation of coordination requirements.
5. Submit Product Data before or concurrent with Samples.
6. Submission of Product Data:
a. Initial Submission: The Contractor must submit seven (7) sets of Product Data to the Design
Consultant for his/her review and acceptance. The Design Consultant will transmit Product
Data to appropriate sub-consultants for review and acceptance, including Commissioning
Authority/Agent as applicable. A satisfactory catalogue cut will be stamped "No Exception
Taken", be dated and distributed as follows:
1) Two (2) copies thereof will be returned to the Contractor by letter
2) Three (3) copies of the Product Data and copy of the transmittal letter to the Contractor
will be forwarded to DDC
3) One copy will be retained by the Design Consultant
4) One copy will be forwarded / retained by sub-consultant(s) as appropriate
Should the Product Data be “Rejected” or noted “Revise and Resubmit” by the Design
Consultant, the Design Consultant will return one (1) set of such Product Data to the
Contractor with the necessary corrections and changes to be made indicated and one (1) set
to DDC.
7. Revisions: The Contractor must make such corrections and changes and again submit seven (7)
copies of each Product Data for the review of the Design Consultant. The Contractor must revise
and resubmit the Product Data as required by the Design Consultant until the submission is
stamped “No Exceptions Taken” by the Design Consultant. However, Product Data which has
been stamped "Make Corrections Noted" must be considered an "Accepted" Product Data and
NEED NOT be resubmitted.
H. Samples of Materials:
1. For samples of materials involving electrical Work of any nature, refer to Section 01 35 06
GENERAL ELECTRICAL REQUIREMENTS.
2. Samples must be in triplicate or as directed by the Resident Engineer, and of sufficient size to show
the quality, type, range of color, finish and texture of the material.

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3. Each of the samples must be labeled as follows:

a. Name of the Project, DDC Project Number and Contract Number
b. Name and quality of the material
c. Date
d. Name of Contractor, subcontractor, manufacturer and supplier
e. Related Specification or Contract Drawing reference to the samples submitted
4. A letter of transmittal, in triplicate, from the Contractor requesting acceptance must accompany all
such samples.
5. Transportation charges to the Design Consultant’s office must be prepaid on all samples forwarded.
6. Samples for testing purposes must be as required in the Specifications.
7. Samples on Display: When samples are specified to be equal to approved product, they must be
carefully examined by the Contractor and by those whom the Contractor expects to employ for the
furnishing of such materials.
8. Timely Submissions Log/Schedule: Samples must be submitted in accordance with approved Shop
Drawing log so as to permit proper consideration without delaying any operation under the Project.
Materials should not be ordered until acceptance is received, in writing, from the Design Consultant.
All materials must be furnished equal in every respect to the accepted samples.
9. The acceptance of any samples will be given as promptly as possible, and will be only for the
characteristic color, texture, strength, or other feature of the material named in such acceptance,
and no other. When this acceptance is issued by the Design Consultant, it is done with the distinct
understanding that the materials to be furnished will fully and completely comply with the
Specifications, the determination of which may be made at some later date by a laboratory test or
by other procedure. Use of materials will be permitted only so long as the quality remains equal to
the approved samples and complies in every respect with the Specifications, and the colors and
textures of the samples on file in the office of the Design Consultant, for the Project.
10. Acceptability of test Data: The Commissioner will be the final judge as to acceptability of laboratory
test data and performance in service of materials submitted.
11. Valuable Samples: Valuable samples, such as hardware, plumbing and electrical fixtures, etc., not
destroyed by inspection or test, will be returned to the Contractor and may be incorporated into the
Work after all questions of acceptability have been settled, providing suitable permanent records
are made as to the location of the samples, their properties, etc.
12. Equivalent Quality: Any material, article and/or equipment which is designated in the Drawings
and/or Specifications by a number in the catalogue of any manufacturer or by a manufacturer's
grade or trade name is designated for the purpose of describing the material, article and/or
equipment and fixing the standard of performance and/or function, as well as the quality and/or
finish. Any material, article and/or equipment which is other than what is specified in the Drawings
and/or Specifications will only be accepted if the Commissioner makes a written determination that
such material, article and/or equipment is equivalent to that which is specified in the Drawings
and/or Specifications.
13. The submission of any material, article and/or equipment as the equal of any material, article and/or
equipment set forth in the Drawings and/or Specifications as a standard must be accompanied by
any and all information essential for determining whether such proposed material, article and/or
equipment is equivalent to that which is specified. Such information must include, without limitation,
illustrations, drawings, descriptions, catalogues, records of tests, samples, as well as information
regarding the finish, durability and satisfactory use of such proposed material, article and/or
equipment under similar operating conditions.

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REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 1.7

1.7 LEED SUBMITTALS:
A. Comply with Submittal requirements specified in the following sections:
1. Section 01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL;
2. Section 01 81 13.03 SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v3 BUILDINGS or
Section 01 81 13.04 SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v4 BUILDINGS, as
applicable;
3. Section 01 81 13.13 VOLATILE ORGANIC COMPOUND (VOC) LIMITS FOR ADHESIVES,
SEALANTS, PAINTS AND COATINGS FOR LEED v3 BUILDINGS;
4. Section 01 81 19 INDOOR AIR QUALITY REQUIREMENTS FOR LEED BUILDINGS;
5. Section 01 91 13 GENERAL COMMISSIONING REQUIREMENTS FOR MEP SYSTEMS;
and/or,
6. Section 01 91 15 BUILDING ENCLOSURE COMMISSIONING REQUIREMENTS.
B. LEED Building Submittal information must be assembled into one package per each applicable
Specification Section, separate from all other non-LEED Submittals. Each Submittal package must have a
separate transmittal and identification as described in Subsection 1.5 herein.
C. Number of Copies: Submit four (4) copies of LEED Submittals, in accordance with procedure described
in Article 1.5 herein, unless otherwise indicated.
D. Material Safety Data Sheets (MSDSs) for LEED Certification: Submit information necessary to show
compliance with LEED certification requirements, which will be the limit of the Design Consultant’s review
for LEED compliance.
1. Designated LEED Submittals that include non-LEED MSDS data will not be reviewed. The entire
Submittal will be returned for re-submission.
E. Product Cut Sheets and/or Shop Drawings for LEED Certification: Provide product cut sheets and/or
shop drawings with the Contractor’s or sub-contractor’s stamp, confirming that the submitted products are
the products installed in the Project. For detailed requirements refer to Subsection 1.6 of Section 01 81
13.03 SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v3 PROJECTS, or Section 01 81 13.04
SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v4 BUILDINGS.
1. Provide the quantity, length, area, volume, weight, and/or cost of each product submitted as required
to satisfy LEED documentation requirements. Refer to Subsection 1.6 of Section 01 81 13.03
SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v3 PROJECTS.

1.8 ULTRA LOW SULFUR DIESEL FUEL AND BEST AVAILABLE TECHNOLOGY REPORTING:
A. In accordance with Section 01 10 00 SUMMARY, Subsection 1.10 E, the Contractor must submit reports
to the Commissioner regarding the use of Ultra Low Sulfur Diesel Fuel and Best Available Technology
(BAT) in Non road Vehicles. Submission of such reports must be in accordance with the schedule, format,
directions and procedures established by the Commissioner.

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1.9 CONSTRUCTION PHOTOGRAPHS AND VIDEO RECORDINGS:

A. Submit construction progress photographs and Video recordings in accordance with requirements of
Section 01 32 33 PHOTOGRAPHIC DOCUMENTATION.

1.10 AS-BUILT DOCUMENTS:

A. Submit all as-built documents in accordance with Section 01 78 39 CONTRACT RECORD
DOCUMENTS.

PART II – PRODUCTS (Not Used)

PART III – EXECUTION (Not Used)

END OF SECTION 01 33 00

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SECTION 01 35 03
GENERAL MECHANICAL REQUIREMENTS
REFER TO THE ADDENDUM FOR APPLICABILITY OF THIS SECTION 01 35 03

PART 1 GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:

A. The General Mechanical Requirements contained herein must be followed by the Contractor, as well as its
subcontractor for HVAC work. This Section sets forth the General Requirements applicable to mechanical
work for the Project. Such requirements are intended to be read in conjunction with the Specifications and
Contract Drawings for the Project. In the event of any conflict between the requirements set forth in this
Section and the requirements of the Specifications and/or the Contract Drawings, whichever requirement is
the most stringent must take precedence.

1.3 RELATED SECTIONS: Include without limitation the following:

A. Section 01 10 00 SUMMARY
B. Section 01 33 00 SUBMITTAL PROCEDURES
C. Section 01 35 06 GENERAL ELECTRICAL REQUIREMENTS
D. Section 01 42 00 REFERENCES
E. Section 01 77 00 CLOSEOUT PROCEDURES
F. Section 01 78 39 CONTRACT RECORD DOCUMENTS

1.4 DEFINITIONS:

A. CONCEALED PIPING AND DUCTS: piping and ducts hidden from sight in masonry or other construction, in
floor fill, trenches, partitions, hung ceilings, furred spaces, pipe shafts and in service tunnels not used for
passage. Where piping and ducts run in areas that have hung ceilings, such piping and ducts must be
installed in the hung ceilings. For Work on existing piping, any insulation on such existing piping is to be
tested for asbestos and abated if found to be positive by a certified asbestos contractor. Such testing and
abatement must occur prior to the performance of any Work on these pipes.

1.5 SUBMITTALS:

A. INTENT OF MECHANICAL CONTRACT DRAWINGS – Mechanical Contract Drawings are, in part,

diagrammatic and show the general arrangement of the equipment, ducts, and piping included in the Contract
and the approximate size and location of the equipment.

B. The Contractor must follow these Contract Drawings in laying out the Work and verify the spaces in which it
will be installed. The Contractor must submit, as directed, Mechanical Shop Drawings, roughing drawings,

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manufacturer's Shop Drawings, field drawings, cuts, bulletins, etc., of all materials, equipment and methods of
installation shown or specified in accordance with Section 01 33 00 SUBMITTAL PROCEDURES.

1. Submit sheet metal shop standards. Submit manufacturer’s product data including gauges,
materials, types of joints, scaling materials and installations for metal ductwork materials and
products.
2. Submit scaled layout drawing (3/8”=1’) of metal ductwork and fittings including, but not limited to,
duct sizes, locations, elevations, slopes of horizontal runs, wall and floor penetrations and
connections. Show modifications of indicated requirements made to conform to local shop practice
and how those modifications ensure that free area, materials and rigidity are not reduced. Layouts
should include all the room plans, mechanical equipment rooms and penthouses. Method of
attachment of duct hangers to building construction all with the support details. Coordinate Shop
Drawings with related trades prior to submission.
3. Indicate duct fittings, particulars such as gauges, sizes, welds and configuration prior to start of
work for low-pressure systems.
4. Submit maintenance data and parts lists for metal ductwork materials and products. Include this
data, product data and shop drawings in maintenance manual.

1.6 ACCESS:

A. All Work must be installed by the Contractor to readily provide access for inspection, operation,
maintenance and repair. Minor deviations from the arrangement indicated on the Contract Drawings may
be made to accomplish this, but they must not be made without prior written approval by the
Commissioner.

1.7 CHANGES IN PIPING, DUCTS, AND EQUIPMENT:

A. Wherever field conditions are such that for proper execution of the Work, reasonable changes in location of
piping, ducts, and equipment are necessary and required, the Contractor must make such changes as
directed and approved, without extra cost to the City.

1.8 CLEANING OF PIPING, DUCTS, AND EQUIPMENT:

A. Piping, ducts, and equipment must be thoroughly cleaned by the Contractor of all dirt, cuttings, and other
foreign substances. Should any pipe, duct, or other part of the several systems be obstructed by any
foreign matter, the Contractor will be required to pay for disconnecting, cleaning, and reconnecting
wherever necessary for the purpose of locating and removing obstructions. The Contractor must pay for
repairs to other work damaged in the course of removing obstructions. For work on existing piping, ducts,
and equipment, the Contractor must pay special attention during this task so as not to disturb the insulation
on such piping, ducts, or equipment.

1.9 STANDARDIZATION OF SIMILAR EQUIPMENT:

A. Unless otherwise particularly specified, all equipment of the same kind, type, or classification, used for
identical purposes, must be the product of one (1) manufacturer.

1.10 SUPPORTING STRUCTURES DESIGNED BY THE CONTRACTOR:

A. Unless otherwise specified, supporting structures for equipment to be furnished by the Contractor must be
designed by an Engineer licensed in New York State retained by the Contractor. Supporting structures must
be built by the Contractor of sufficient strength to safely withstand all stresses to which they may be

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subjected, within permissible deflections, and must meet the following standards:
1. Structural Steel - ASTM Standard Specifications, AISC and New York City Construction Codes.
2. Concrete for supports for equipment must conform to the Specifications for concrete herein, but in no
case must be less than the requirements of the New York City Construction Codes for average
concrete.
3. Steel reinforcement for concrete must be of intermediate grade and must meet the requirements of
the Standard Specifications for Billet Steel-Concrete Reinforcement Bars, ASTM.
4. Drawings and calculations must be submitted for review and acceptance in accordance with Section
01 33 00 SUBMITTAL PROCEDURES.

1.11 ELIMINATION OF NOISE:

A. All systems and/or equipment provided under the Contract must operate without objectionable noise or
vibration.
B. Should operation of any one or more of the several systems produce noise or vibration which is, in the
opinion of the Commissioner, objectionable, the Contractor must, at its own expense, make changes in
piping, equipment, etc., and do all work necessary to eliminate objectionable noise or vibration.
C. Should noise or vibration that is found objectionable by the Commissioner be transmitted by any pipe or
portions of the structure from systems and/or equipment installed under the Contract, the Contractor
must, at its own expense, install such insulators and make such changes in or additions to the
installations as may be necessary to prevent transmission of this noise or vibration.

1.12 PRELIMINARY FIELD TEST:

A. As soon as conditions permit, the Contractor must furnish all necessary labor and materials for, and must
make preliminary field tests of the equipment to ascertain compliance with the requirements of the
Contract. If the preliminary field tests disclose equipment that does not comply with the Contract, the
Contractor must, prior to the acceptance test, make all changes, adjustments, and replacements as
required.

1.13 INSTRUCTIONS ON OPERATION:

A. At the time the equipment is placed in permanent operation by the City, the Contractor must make all
adjustments and tests required by the Commissioner to prove that such equipment is in proper and
satisfactory operating condition. The Contractor must instruct the City's operating personnel on the proper
maintenance and operation of the equipment for the period of time called for in the Specifications.

1.14 CERTIFICATES:

A. On completion of the Work, the Contractor must obtain certificates of inspection, approval, and acceptance,
and be in compliance with all laws from all agencies and/or entities having jurisdiction over the Work and
must deliver these certificates to the Commissioner in accordance with Section 01 77 00 CLOSEOUT
PROCEDURES. The Work will not be deemed substantially complete until the certificates have been
delivered.

PART II – PRODUCTS (Not Used)

PART III – EXECUTION (Not Used)
END OF SECTION 01 35 03

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SECTION 01 35 06
GENERAL ELECTRICAL REQUIREMENTS
PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:
A. This Section sets forth the General Requirements applicable to electrical work for the Project. Such
requirements are intended to be read in conjunction with the Specifications and Contract Drawings for the
Project. In the event of any conflict between the requirements set forth in this Section and the
requirements of the Project Specifications and/or the Contract Drawings, whichever requirement is the
most stringent, as determined by the Commissioner, must take precedence.
B. This Section includes the following:
1. Related Sections
2. Definitions
3. Procedure for Electrical Approval
4. Submittals
5. Electrical Installation Procedures
6. Electrical Conduit System Including Boxes (Pull, Junction and Outlet)
7. Electrical Wiring Devices
8. Electrical Conductors and Terminations
9. Circuit Protective Devices
10. Distribution Centers
11. Motors
12. Motor Control Equipment

1.3 RELATED SECTIONS: Include without limitation the following:

A. Section 01 10 00 SUMMARY
B. Section 01 33 00 SUBMITTAL PROCEDURES
C. Section 01 35 03 GENERAL MECHANICAL REQUIREMENTS
D. Section 01 42 00 REFERENCES
E. Section 01 77 00 CLOSEOUT PROCEDURES
F. Section 01 78 39 CONTRACT RECORD DOCUMENTS

1.4 DEFINITIONS:
A. WIRING: contains wire and raceway (rigid steel, heavy wall conduit unless specifically indicated
otherwise).
B. POWER WIRING: wiring from a panel board or other specified source to a starter (if required), then to a
disconnect (if required), then to the final point of usage such as a motor, unit, or device.

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C. CONTROL and/or INTERLOCK WIRING: wiring that signals the device to operate or shut down in
response to a signal from a remote control device such as a temperature, smoke, pressure, float, etc.
device (starters and disconnect switches are not included in this definition) regardless of the voltage
required for the controlling device.
D. RIGID STEEL CONDUIT: rigid steel heavy wall conduit that is hot-dip galvanized inside and outside. The
conduit must meet the requirements of the latest edition, as amended, of the "Standard for Rigid Steel
Conduit" of the Underwriters' Laboratories, Inc. Unless otherwise specified in the Specifications or
indicated on the Contract Drawings, rigid steel conduit must be used for all exposed work, all
underground conduits in contact with earth, and fire alarms systems, as required by the New York City
Construction Codes.
E. ELECTRICAL METALLIC TUBING (EMT): industry standard thin wall conduit of galvanized steel. All
elbows, bends, couplings and similar fittings which are installed as a part of the conduit system must be
compatible for use with electric metallic tubing. Couplings and terminating fittings must be of the pressure
type as approved by the Commissioner. Set screw fittings will not be acceptable. EMT must meet the
requirements of the latest edition, as amended, of the "Standard for Electrical Metallic Tubing” of the
Underwriters Laboratories Inc. EMT may only be used where specifically indicated. In no case will EMT
be permitted in spaces other than hung ceilings and dry wall partitions.
F. FLEXIBLE METALLIC CONDUIT (FMC): a conduit made through the coiling of a self-interlocking ribbed
strip of aluminum or steel, forming a hollow tube through which wires can be pulled. For final connections
to motors and motorized equipment, not more than a 4' - 0" length of flexible conduit may be used. For
watertight installations, this conduit must be of a watertight type, attached with watertight glands or fittings
for final connections from outlet box to recessed lighting fixtures and in locations only where specifically
permitted by the Specifications or Contract Drawings.

1.5 PROCEDURE FOR ELECTRICAL APPROVAL:

This Section sets forth General Electrical information, as well as required approvals for all electrical work
required for the Project, including ancillary electrical work which may be included in the work of other trade
subcontractors.
A. ELECTRIC SERVICE: The electric service supply is subject to commercial and operating variation of the
utility company. Proper provision must be made to have all apparatus operate normally under these
conditions.
B. ACCEPTANCE: Acceptance and approval of the Work will be contingent upon the inspection and test of
the installation by the City regulatory agency.
C. TESTS: The Contractor must notify the Commissioner when the Contractor has completed the work and
is ready to have it inspected and tested. Upon completion of the Work, tests must be made as required by
the Commissioner of all electrical materials, electrical and associated mechanical equipment, and of
appliances installed hereunder. The Contractor must furnish all labor and material for such tests. Should
the tests show that any of the material, appliances or workmanship is not first class or not in compliance
with the Contract, on written notice the Contractor must remove and promptly replace the materials to be
in conformity with the Contract.
D. CERTIFICATE OF THE BUREAU OF ELECTRICAL CONTROL, OF THE DEPARTMENT OF
BUILDINGS (B.E.C.): Prior to requesting a substantial completion inspection, the Contractor must file a
Certificate of Inspection issued by B.E.C. On completion of the Work, the Contractor must obtain
certificates of inspection, approval, acceptance and compliance from all agencies and/or entities having
jurisdiction over the work and must deliver these certificates to the Commissioner in accordance with
Section 01 77 00 CLOSEOUT PROCEDURES.

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E. RESPONSIBILITY FOR CARE AND PROTECTION OF EQUIPMENT:

1. The Contractor furnishing any equipment must be responsible for the equipment until it has been
inspected, tested and accepted, in accordance with the requirements of the Contract.
2. After delivery, before and after installation, the Contractor must protect all equipment against theft,
injury or damage from all causes. The Contractor must carefully store all equipment received for
work which is not immediately installed. If any equipment has been subject to possible injury by
water, it must be thoroughly dried out and put through a special dielectric test as directed by the
Commissioner, at the expense of the Contractor or replaced by the Contractor without additional
cost to the City.
F. UNIFORMITY OF EQUIPMENT: Any two (2) or more pieces of equipment, apparatus or materials of the
same kind, type, or classification, which are intended to be used for identical types of service, must be
made by the same manufacturer.

1.6 SUBMITTALS:

A. CONTRACTOR'S ELECTRICAL DRAWINGS AND SAMPLES FOR APPROVAL:

1. The Contractor must submit to the Commissioner for approval, in accordance with Section 01 33 00
SUBMITTAL PROCEDURES, complete dimensional drawings of all equipment, wiring diagrams,
motor test data, details of control, installation layouts showing all details and locations and including
all schedules, and descriptions and supplementary data to comprise complete working drawings
and instructions for the performance of the Work. A description of the operation of the equipment
and controls must be included. A letter, in triplicate, must accompany each submittal.

2. The Contractor must submit in accordance with Section 01 33 00 SUBMITTAL PROCEDURES,

duplicate samples of such materials and appliances as may be requested by the Commissioner for
approval. These samples must be properly tagged for identification and submitted for examination
and test. After the samples are approved, one (1) sample will be returned to the Contractor and the
other sample will be filed in the office of the Commissioner's representative for inspection use.
After the Contract is completed, the second set of samples will be returned to the Contractor.

B. TIMELINESS: All material must be submitted in accordance with the submittal schedule in sufficient time
for the progress of construction. Failure to promptly submit acceptable samples and dimensional
drawings of equipment will not be accepted as grounds for an extension of time. The Commissioner may
decline to consider submittals unless all related items are submitted at the same time.

C. CONTRACTOR'S STATEMENT WITH SUBMITTALS: Contractor must submit a statement in accordance

with Section 01 33 00, SUBMITTAL PROCEDURES.

D. BULLETINS AND INSTRUCTIONS: The Contractor must furnish and deliver to the Commissioner in
accordance with Section 01 78 39 CONTRACT RECORD DOCUMENTS and Section 01 77 00
CLOSEOUT PROCEDURES, after acceptance of the work, four (4) complete sets of instructions,
technical bulletins and any other printed matter (diagrams, prints, or drawings) required to provide
complete information for the proper operation, maintenance and repair of the equipment and the ordering
of spare parts.

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PART II – PRODUCTS (Not Used)

PART III – EXECUTION

3.1 ELECTRICAL INSTALLATION PROCEDURES:

This Sub-Section sets forth the General Installation Procedure that must apply to all electrical work and
electrical equipment appearing in the Contract.
(Refer to Sub-Section 1.4 DEFINITIONS for terms used in this section)
A. INTENT OF CONTRACT DOCUMENTS: The Drawings and Specifications are to be interpreted as a
means of conveying the scope and intent of the work without giving every minor electrical detail. It is
intended, nevertheless, that the Contractor must provide whatever labor and materials are found
necessary, within the scope of the Contract, for the successful operation of the installation. Specific
details of individual installations are to be finally decided upon when the Contractor submits Working or
Shop Drawings for approval to DDC. Whenever there are two (2) or more methods to complete Project
work within the Contract scope, the Commissioner reserves the right to choose that method which, in the
Commissioner’s opinion, will afford the most satisfactory performance, lasting qualities, and access for
repairs, even if this selection is the costliest.
B. SCHEMATIC PLANS – APPROXIMATE LOCATIONS: Conduits and wiring are shown on the plans for
diagrammatic purposes only. Therefore, conduit layouts may not necessarily give the actual physical
route of the conduits. The Contractor who installs a conduit system will also be required, as part of the
work, to furnish and install all hangers and pull-boxes, including any special pull-boxes found necessary
to overcome interferences, and to facilitate the pulling of electrical cables. Similarly, the locations of
equipment, appliances, outlets and other items shown on Contract Drawings are only approximate and
are to be definitively established when equipment Shop Drawings are submitted and approved by DDC
during construction.
C. SLEEVES: required for conduits passing through walls or floors; must be furnished and set by the
Contractor installing the conduits. Sleeves in waterproofed floors must be provided with flashing
extending twelve (12) inches in all directions from sleeve and secured to waterproofing. Flashing must be
turned down into space between pipe and sleeve and caulked watertight. Flashing must be twenty (20)
ounces cold rolled copper. Sleeves must be supplied with welded flanges similar to those supplied by the
subcontractor for Plumbing Work and must extend one (1) inch above finished floor.
D. COORDINATION: The Contractor must keep in close touch with the construction progress and promptly
obtain the necessary information for the accurate placement of its work well before Project construction
operations obstruct its work. The Contractor is to consult all other Contract Drawings, as well as approved
equipment Shop Drawings on file in the Resident Engineer's Field Office. This will aid in avoiding
interferences, omissions, and errors in the electrical installation.
E. RESTORATION: If drilling or cutting is done on finished surfaces of equipment or the structure, any
marring of the surface must be repaired or replaced by the Contractor. The Contractor must be held
responsible for corrective restoration due to its cutting or drilling, and for any damage to the Project or its
contents caused by the Contractor or the Contractor’s workers. If any piercing of waterproofing occurs
because of the installation of the work, the Contractor must restore the waterproofing, at its own expense,
to the satisfaction of the Commissioner.
F. ELECTRICAL WORK AT SITE: The Contractor furnishing equipment consisting of a number of related
electrical devices or appliances, mounted in a single enclosure, or on a common base, must furnish this
unit, ready for connection and operation, complete with internal wiring, connections, terminal boxes with

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copper connectors and/or lugs and ample electrical leads. The cost of any wiring, re-wiring, or other work
required to be done on this unit in the field, must be borne by the Contractor, without additional cost to the
City.
G. COOPERATION AMONG SUBCONTRACTORS: Whenever an electrically operated unit or system
involves the combined work of several subcontractors for its installation and successful operation, the
Contractor must require each subcontractor to exercise the utmost diligence in cooperating with others to
produce a complete, harmonious installation.

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.2

3.2 ELECTRICAL CONDUIT SYSTEM INCLUDING BOXES (PULL, JUNCTION AND OUTLET):

This Sub-Section sets forth the requirements applying to the installation of electrical conduits, boxes or fittings.
Rigid steel conduit must be used throughout, unless otherwise directed by the Commissioner. Where the word
'conduit' is used without a modifier such as, rigid steel, EMT, etc., must be interpreted to mean rigid steel, heavy
wall, threaded conduit.
(Refer to Sub-Section 1.4 DEFINITIONS for terms used in this section)
A. INSTALLATIONS AND APPLICATIONS:
1. Unless otherwise specified or indicated on the Contract Drawings, conduit runs must be installed
concealed in finished spaces.
2. CONDUIT SIZES: The sizes of conduits must be as indicated on the Contract Drawings. Wherever
conduit sizes are not indicated, the conduit must meet the requirements of the New York City
Electrical Code to accommodate the conductors to be installed therein.
3. Conduits must be reamed smooth after cutting. No running threads will be permitted. Universal
type couplings must be used where required. Conduit joints must be screwed up to butt. Empty
conduits after installation must have all open ends temporarily plugged to prevent the entrance of
water or other foreign matter.
4. Conduits installed in concrete or masonry must be securely held in place during pouring and
construction operations. A group of conduits terminating together must be held in place by a
template.
5. UNDERGROUND STEEL CONDUITS: Unless otherwise specified, all underground steel conduits
in contact with earth must be encased by the Contractor who installs them, in a covering of not less
than two (2) inches of an approved concrete mixture. Concrete mix must be one (1) part cement to
four and one-half (4 ½) parts of fine and coarse aggregate.
6. EXCAVATION RESTORATION PERMITS: When installing underground conduits, duct banks or
manholes, the Contractor must perform the work of cutting pavement, excavation shoring, keeping
trenches or holes pumped dry, backfilling, restoration of surfaces to original condition and removal
of excess earth and rubbish from premises. During the work, the Contractor must provide adequate
crossovers, protective barriers, lamps, flags, etc., to safeguard traffic and the public. When the
work is in a public highway or street, the Contractor must secure and pay for all necessary permits,
inspection fees, and the cost of repaving.
7. EXPOSED CONDUIT SUPPORTS: Exposed conduits must be supported by Galvanized hangers
with necessary inserts, beam clamps of approved design, or attached to walls or ceilings by
expansion bolts. Exposed conduits must be supported or fastened at intervals not more than five
(5) feet.

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8. Exposed conduits must be installed parallel or at right angles to ceilings, walls and partitions.
Where direction changes of exposed conduit cannot be made with neat bends, as may be required
around beams or columns, conduit-type fittings must be used.
9. Conduit must be installed with an expansion joint approved by the Commissioner in the following
conditions:
a. Wherever the conduit crosses a building expansion joint, the Contractor will be held
responsible for determining where the building expansion joints are located.
b. Every 200 feet, when in straight runs of 200 feet or longer.
10. Conduits may only enter and leave a floating slab in a vertical direction, and only in an approved
manner. Horizontal entries into floating slabs are not permitted.
11. Conduits installed in pipe shafts must be properly supported to carry the total weight of the raceway
system complete with cable. In addition, at least one (1) horizontal brace per 10 ft. section must be
provided to assure stability of the raceway system.
12. BUSHINGS AND LOCKNUTS: Approved bushings and locknuts must be used wherever conduits
enter outlet boxes, switch boxes, pull boxes, panel board cabinets, etc.
13. CONDUIT BENDS: must be made without kinking conduit or appreciably reducing the internal
diameter. All bends in conduits of two (2) inch in diameter or larger must be made with a hydraulic
or power pipe bender. The radius of the inner edge of any bend must not be less than six (6) times
the internal diameter of the conduit where rubber covered conductors are to be installed, and not
less than ten (10) times the internal diameter of the conduit where lead covered conductors are to
be used. Long gradual sweeps will be required, rather than sharp bends, when changes of
direction are necessary.
14. EMPTY CONDUITS
a. TESTS: All conduits and ducts required to be installed and left empty must be tested for clear
bore and correct installation by the Contractor using a ball mandrel and a brush and snake
before the installation will be accepted. The ball must be turned to approximately 85% of the
internal diameter of the raceway to be tested. Two (2) short wire brushes must be included in
the mandrel assembly. Snaking of conduits, ducts, etc., must be performed by the Contractor
in the presence of the Resident Engineer. Any conduits or ducts which reject the mandrel
must be cleared at once with the Contractor bearing all costs, such as chopping concrete, to
replace the defective conduit and restore the surface to its original condition.
b. TAGS: Numbers or letters must be assigned to the various conduit runs, and as they test
clear they must be identified by a fiber tag not less than 1-¼ inch width, attached by means of
a nylon cord. All conduit terminations in panel, splice or pull boxes, as well as those out of
the floor or ceiling, must be tagged.
c. TEST RECORDS: As the conduit runs clear, a record must be kept under the heading of
"Empty Conduit Tested, Left Clear, Tagged and Capped" showing conduit designation,
diameter, location, date tested and by whom. When complete, this record must be signed by
the Resident Engineer and submitted in triplicate for approval. This record must be entered
on the Contract Record Drawings under Section 01 78 39 CONTRACT RECORD
DOCUMENTS.
d. CAPPING: After test, all empty conduit and duct openings, must be capped or plugged by the
Contractor as directed.
e. DRAG LINES: A drag line must be left in all empty conduit.

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B. BOXES:
1. The Contractor must furnish and erect all pull boxes indicated on the plans or where required.
Sides, top and bottom of pull boxes must be Galvanized coated and must be built of No. 12 USSG
steel reinforced at corners by substantial angle irons and riveted or welded to plates. Bottom or side
of pull boxes must be removable and held in place by corrosion resistant machine screws. Pull
boxes in damp locations must have threaded hubs and gaskets and be NEMA 4X. All pull boxes
must be suspended from ceiling or walls in the most substantial manner.
2. In centering outlets, the Contractor is cautioned to allow for overhead pipes, ducts and other
obstructions, and for variations in arrangement and thickness of fireproofing, soundproofing and
plastering. Precaution should be exercised regarding the location of window and door trims,
paneling, etc. Mistakes resulting from failure to exercise precaution must be corrected by the
Contractor at no additional cost to the City. Outlets in hung ceilings must be supported from the
black iron or structure.
3. The exact location of all outlets in finished rooms must be as directed by the Commissioner. When
the interior finish has been applied, the Contractor must make any necessary adjustment of its work
to properly center the outlets. All outlet boxes for local switches near doors must be located at the
strike side of doors as finally hung, whether so indicated on the drawings or not.
4. Exposed wall outlet boxes must be securely anchored, erected neatly and tight against the walls.
5. All wall outlets of each type must be set accurately at the same level on each floor, except where
otherwise specified or directed by the Commissioner. Where special conditions occur, outlets must
be located as directed.
6. MOUNTING HEIGHTS: The following heights are standard heights and are subject to correction
due to coordination with Contract Drawings. All such changes must be approved by the Resident
Engineer. Heights given are from finished floor to center line of outlet or device on wall or partition,
unless otherwise indicated.
a. General Convenience Outlets (mount vertical) 1'-6"
b. Clock Outlets 8'-6"or 1'-6" below ceiling
c. Wall Lighting Switches 4'-0"
d. Motor Controllers 5'-0"
e. Motor Push-button 4'-2"
f. Telephone Outlets As Directed by the Commissioner
g. Fire Alarm Bells 8'-6"or 1'-6" below ceiling
h. Fire Alarm Stations 4'-0"
i. Intercom Outlet 1'-6"
j. Cooking and Refrigerator Unit As Directed
7. Outlet boxes must be of a design and construction approved by the Commissioner. The type of box,
including its form and dimensions, must be appropriate for: its specific location; the kind of fixture to
be used; and, the conduits (both quantity and type) that will connect to it. All ferrous outlet boxes
must meet the requirements for zinc coating as specified under Electrical Conduit Systems.
8. Knockouts will only be opened to insert conduit. Any outlet boxes with more openings than are
necessary for conduit insertion must be sealed by the Contractor without additional charge.
9. All outlet boxes and junction boxes for exposed work must be galvanized cast iron or cast
aluminum with threaded openings. Outlet boxes for exposed inside work in damp locations must be
galvanized cast iron or cast aluminum with threaded hubs and neoprene gaskets.
10. Junction boxes must not be less than 4 11/16" square and must be equipped with zinc coated
plates. Where plates are exposed they must be finished to match the room decor.

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11. FIXTURE SUPPORTS: Outlet boxes supporting lighting fixtures must be equipped with fixture studs
held by approved galvanized stove bolts or integral with the box. Cast iron or malleable boxes must
have four (4) tapped holes for mounting required cover or fixtures.
12. Outlet boxes exposed to the weather or indicated W.P. must be cast iron or cast aluminum with the
covers made watertight with neoprene gaskets. The boxes must have external lugs for mounting.
Drilling of the body of the fitting for mounting will not be permitted. The cover screws must be
appropriate in size, non-corrodible and not less than four (4) in number for each box opening.

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.3

3.3 ELECTRICAL WIRING DEVICES:
A. WALL SWITCHES: must be of the best specification grade, quiet type, and must have a rating of 20
Amperes at 277 volts, as manufactured by Bryant, Hubbell or approved equal. The mechanism must be
equipped with arc snuffers. They must be of the tumbler type, single pole. Switches of the 3-way type
must have a similar rating.
B. RECEPTACLES:
1. CONVENIENCE OUTLETS: must be of the best specification grade, duplex, two-pole, 3-wire, 20
Amperes at 125 volts. It must have a grounding pole that must be grounded to the conduit system.
Receptacles must be capable of both back and side wiring and must have only one (1) grounding
screw. Receptacles must be Hubbell Catalog #5262 or approved equal.
2. HEAVY DUTY RECEPTACLE OUTLETS: must have the Ampere rating and the number of poles
specified on the Contract Drawings and must be Hubbell, Russell-Stoll, Bryant, AH & H or approved
equal. Each outlet must have a grounding pole, which must be grounded to the conduit system.
3. FLOOR RECEPTACLES: must be Russell & Stoll #3040 or approved equal, to fit into floor box
previously specified.
4. NAMEPLATES: are required for all receptacles other than 120V.
C. CLOCK HANGERS: Clock outlets for surface type clocks must be equipped with a supporting hook and
recessed faceplate to conceal the electrical cord.
D. WATERTIGHT DEVICES: For installations exposed to weather or in damp locations, the devices must be
in a gasketed, cast iron enclosure.
E. PLATES:
1. Every convenience outlet and switch outlet must be covered by means of a stainless steel No. 302 -
0.4" antimagnetic plate with an approved finish, unless provided otherwise in the detailed
Specifications.
2. Where two (2) or three (3) switches are grouped together, a single faceplate must be used. Where
more than three (3) switches are located at one (1) point, the faceplates may be made up in
multiple units.

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.4

3.4 ELECTRICAL CONDUCTORS AND TERMINATIONS:
A. CONDUCTORS FOR LIGHT AND POWER: All wire and cable must be of annealed copper of 98%
conductivity. Aluminum wire or cable will not be permitted. The insulation must be flame retardant,
moisture and heat resistant, thermoplastic, type THW or THWN rated for 600 volts at 75 degrees Celsius
(C.) for both wet and dry locations. Wires No. 8 or larger must be stranded. Wires and cables must also

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be subject to the requirements of the NYCEC. Cables for incoming service, or wire in conduits
contiguous with the earth, in concrete, or other damp or wet locations, must be synthetic rubber insulated
with neoprene jacket, heat and moisture resistant and must be equal to UL Type USE and rated for 600
volts at 75 degrees C. for both wet and dry locations.
B. FIXTURE WIRE: Lighting fixtures must be wired with No. 14 gauge wire designated as AWM and rated at
105 degrees C.
C. OTHER TYPES: Cables and wires for interior communication systems are described in applicable
detailed Specifications.
D. MINIMUM SIZE: Conductors smaller than No. 12 AWG must not be used for light or power.
E. COLOR CODE: Wires must have a phase color code, and multiple conductor cables must be color coded.
F. CABLE DATA: The Contractor must submit for approval the following information for each size and type
of cable to be furnished:
1. Manufacture of Cable - Location of Plant.
2. Minimum insulation resistance at standard test temperature.
3. Days required for delivery to site of work after order to proceed with manufacture.
G. ORIGINAL REELS: Cable and wire must be delivered to the site of the work on original sealed factory
reels.
H. WIRE INSTALLATION:
1. INSTALL WIRES AFTER PLASTERING: Feeder and branch circuits wiring must not be installed
into conduit before the rough plastering work is completed. No conductors must be pulled into floor
conduits before floor is poured.
2. CONDUIT SECURED IN PLACE: No conductor must be pulled into any conduit run before all joints
are made up tightly and the entire run rigidly secured in place.
3. WIRE ENDS: All wires must be left with sufficiently long ends for proper connection and stowing.
4. PULLING COMPOUNDS: to ease the pulling-in of wires into the conduit, only approved compounds
as recommended by cable manufacturers must be used.
5. PRESSURE CONNECTORS: pressure connectors for wires must be of the cast copper or forged
copper pressure plate type. Connectors must be O.Z., Burndy, National Electric Products or
approved equal.
6. Splices and feeder taps in the gutters of panel boxes must be made by means of pressure plate-
type connectors encased in composition covers as manufactured by O.Z., Burndy, National Electric
Products or approved equal.
7. Splices in branch wiring for sound systems and fire systems, must be first made mechanically
secure, then soldered and taped.
8. In lieu of soldered splices (except for sound and fire systems, which must have soldered splices)
the following alternates are acceptable for operating temperatures up to 105 degrees C., for
fluorescent fixtures and for the splicing of branch circuit wiring up to No. 8 AWG wire:
a. Mechanical splices made with mechanical connectors as manufactured by the Minnesota
Manufacturing Company "Scotchlock" or approved equal. Mechanical connectors requiring a
special tool (pressure connectors, insulators and locking rings) by Buchanan or approved
equal. The tool used for connector application must be as approved by the connector
manufacturer.

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b. For branch circuit wire and cable No. 6 AWG and larger, the seamless tubular connector will
only be accepted. Application of this connector must be with a tool recommended by the
connector manufacturer.
9. TAGS: All feeders and risers must be tagged at both ends, and in all pull and junction boxes and
gutter spaces through which they pass. Such tags must be of fiber and have the feeder designation
and size stamped thereon.
10. BRANCH CIRCUIT WIRING:
a. The Contractor installing branch circuit wiring must test the work for correct connections and
leave all loop splices in the fixture outlet boxes properly spliced and taped. The Contractor
must provide wire ends long enough for convenient connection to device.
b. NEUTRALS: No common neutrals must be used except for lighting branch circuits. Each
neutral wire must be terminated separately on a neutral busbar in the panelboard. No
common neutrals will be permitted for convenience receptacle branch circuits.
I. TERMINATIONS
1. LUGS: All lugs for all devices and all cable terminations must be copper. AL/CU rated lugs will not
be permitted. The only exception to this requirement is when the particular device is not
manufactured with copper lugs by any manufacturer. Lugs for No. 6 AWG cable and larger must be
cast copper or forged copper pressure plate type. Lugs for 1/0 and larger must be fastened with
two (2) bolts.
2. All lugs must be of the proper size to accept the cable connected to them. Any subcontractor
furnishing a device containing lugs is to coordinate with the Contractor to ensure that the device
terminations are adequate for the wire or cable (whose size may be larger than expected due to
voltage drop considerations) connected to the device.

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.5

3.5 CIRCUIT PROTECTIVE DEVICES:
This Section sets forth the circuit protective devices such as circuit breakers and safety switches, used in
connection with Motor Control Equipment, Distribution Centers, Panel boards and Service Entrance.
A. CIRCUIT BREAKERS:
1. CIRCUIT BREAKERS: must be operable in any position and must be of the quick-make,
quick-break type on manual operation. The handle must be trip free, preventing contacts from being
held in closed position against abnormal overloads or short circuits. Positive visual indication of
automatic tripped position of breaker must be provided, in addition to the "On" and "Off" indication.
All circuit breakers must be of the bolted type.
2. TRIP RATING: Circuit breakers must be provided with the required number of trip elements,
calibrated at 40 degrees C., ambient temperature, in accordance with wire sizes or motor currents
as shown on Contract Drawings or indicated in the Specifications.
3. POLE BARRIER: Multipole pole breakers must be designed to break all poles simultaneously.
They must be provided with barriers between poles and arc suppressing devices.
4. ELEMENTS: Multipole circuit breakers must have frames of not less than a 100 Ampere rating.
Multipole circuit breakers for 480 volts AC operation must have an NEMA interrupting rating of
18,000 Amperes, unless a higher rating is specified in the Specifications or indicated on the
Contract Drawings.
5. For circuit breakers with frame size up to and including 225 Amperes, the breakers may be

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provided with non-interchangeable trip elements. For frame ratings above 225 Amperes, the
breakers must be provided with interchangeable trip elements, which can be replaced readily.
6. Single pole circuit breakers for branch circuits must have a frame size of no less than 100 Amperes,
and must be rated at 125 volt A.C. with a NEMA interrupting rating of 10,000 Amperes, unless a
higher rating is specified in the Specifications or indicated on the Contract Drawings.
7. INVERSE TIME ACTION: The circuit breakers must be dual element type, one (1) element with
time limit characteristics, so that tripping will be prevented on momentary overloads, but will occur
before dangerous values are reached and the other with instantaneous trip action. Inverse time
delay action must be effective between a minimum tripping point of 125% of rating of breaker and
an instantaneous tripping point between 600% and 700% of rated current.
8. CONSTANCY OF CALIBRATION: The tripping elements must insure constant calibration and be
capable of withstanding excessive short circuit conditions without injury.
9. CONTACTS: must be non-welding under operating conditions and of the silver to silver type.
10. TEMPERATURE RISE: Current carrying parts, except thermal elements, must not rise in
temperature in excess of 30 degrees C. while carrying current at the part’s rated current and
frequency.
11. NUMBERING: Each circuit breaker must be distinctly numbered when installed in a group with
other breakers. The calibration of trip element must be indicated on each breaker.
B. SAFETY SWITCHES:
NEMA TYPE HD: When safety switches are permitted to be used for service entrance, motor
disconnecting means or to control other types of electrical equipment, they must be of the type HD of a
rating not less than 30 Amperes. Enclosures must be provided with means for locking. For ratings above
60 Amperes terminals must have double studs.

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.6

3.6 DISTRIBUTION CENTERS:
This Section sets forth the construction and installation procedure for Switchboards, Panel boards and
Cabinets.
A. PANEL BOARDS, GENERAL TYPE: The panel boards must be of the automatic circuit breaker type with
individual breakers for each circuit, removable without disturbing the other units. Circuit breakers must be
in accordance with the requirements outlined under Section 3.5, "Circuit Protective Devices."
B. NUMBER AND RATING OF CIRCUIT BREAKERS: The Contract Drawings show a layout of each panel,
giving the number, frame, size and trip setting of circuit breakers and number of branch circuits and spare
breakers. Each branch circuit must be distinctly numbered.
C. BUS BAR CONSTRUCTION AND SUPPORT: Panel Boards must be of the dead front type and must
have bus bars and branch circuits designed to suit the system and voltage. Current carrying parts,
exclusive of circuit breakers, must be copper and based on a maximum density of 1,000 Amperes per
square inch. Bus bars for the main switchboard must be designed for the frame rating of the Service
Breaker. Bus bars must run up the center of the panel, unless otherwise indicated, and must have
connected thereto the various branch circuits. Unless otherwise specified, bus bars for each panel board
must be equipped with main lugs only and capacity as required on Contract Drawings. Where main
protection is required, automatic circuit breakers must be used. A neutral bus of at least the same
capacity as a live bus bar must be provided for the connection of all neutral conductors. Each terminal
must be identified. All current carrying parts, exclusive of circuit breakers, must be of copper with a
minimum number of joints. The bus bar structure must be a self-supporting unit, firmly fastened to a ½

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inch plastic board, extending the full length and width of assembly which must serve to insulate the bus
structure from the back of panel box. Other methods affording equally effective bus structure support and
insulation will be given consideration. An insulating barrier must separate neutral bus from other parts of
panel.
D. CIRCUIT BREAKER ASSEMBLY: The entire circuit breaker and bus bar assembly must be mounted on
an adjustable metal base or pan and secured to the back of the panel box. The panel must have edges
flanged for rigidity.
E. PANEL MOUNTING: The panel must be centered in the panel box, line up with the door openings, be set
level and plumb, and no live parts may be exposed with the door open.
F. PANEL CABINET:
1. PANEL CABINET INSTALLATION: When installed, surface mounted in panel closets must be
mounted on Kindorf channel.
2. Where cabinets cannot be set entirely flush due to mustow walls or partitions or where cabinet is
extra deep, the protruding sides of cabinet must be trimmed with a metal or hardwood return
molding of approved design and fastened to cabinet so as to conceal the intersection between the
wall and cabinet.
G. NAMEPLATES: Where required, nameplates must be made of engraved Lamicoid sheet, or approved
equal. Letters and numbers must be engraved white on a black background (except for Firehouse
projects which must have white letters on a red background). The Contractor must submit an engraved
sample for approval as to design and style of lettering before proceeding with the manufacture of the
nameplate. Nameplates must be of suitable size and must also be provided at the top of the switchboard
or section thereof and on the trim at the top of all lighting and power panels. Similar nameplates must
also be provided for each distribution circuit breaker giving the breaker number, the number of the feeder,
and the name of the equipment fed.
H. SHOP DRAWINGS: showing all details of boxes, panels, etc., must be submitted for approval.
I. DIRECTORIES: A directory must be fastened with brass screws and consist of a noncorrosive metal
frame with dimensions not less than five (5) inches x eight (8) inches and a transparent window of
Plasticile, Plexiglass, Lucite, Polycarbonate or approved equal that is not less than 1/16 inch thick over
cardboard or heavy paper. The directory must be typewritten and show the number and name of each
circuit, and lighting or equipment supplied. The size of riser feeder must be as indicated on the directory.
The dimensions of the directory must be submitted for approval for each size of panel.
J. CONSTRUCTION
1. FINISH: Panel boxes, doors and trim for installation in dry locations, must be zinc coated after
fabrication by the hot-dip galvanizing or electroplate process on inside and outside surfaces. In
damp locations, panel boards must be enclosed and gasketed NEMA 3R type. Panel boards
located outdoors or exposed to the weather must be NEMA 3X type.
2. PAINTING: Panel boxes, doors and trim must receive a coat of approved priming paint and a
second coat of approved paint in the field after installation. Paint must be applied to the inside and
outside of boxes and on both sides of trim. Panel trims and doors must receive a third or finishing
coat on the outside after installation. Approval as to texture and color must be obtained before the
final coat is applied.

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.7

3.7 MOTORS:
This Section sets forth the general design, construction and performance requirements, which must apply to all

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motors furnished in the Contract.

A. MOTOR DESIGN: All motors must be designed to comply with the New York State Energy Conservation
Construction Code and the New York City Energy Conservation Code. In the event of any conflict or
inconsistency between such codes, the New York City Energy Conservation Code must prevail. Motors
must have standard NEMA frames and must have nameplate ratings adequate to meet the specified
conditions of operation. Motor performance under variable conditions of voltage and frequency must be
within the limits set in NEMA standards, unless modified in the Specifications. Motors must be expressly
designed for the hazard duty load, voltage and frequency as specified in the Contract. All motor windings
must be copper. All motors intended to operate on a 208 volt system must be designed and rated for 200
volts.
B. STANDARDS OF COMPARISON: In the absence of specific motor specifications, in general, the best
standard products of the leading motor manufacturers must be considered as a standard for comparison.
The requirements of the NEMA standards for motors and generators must be deemed to contain the
minimum requirements of performance and design.
C. OBJECTIONABLE NOISES: Objectionable noises will not be tolerated and exceptionally quiet motors
may be required for certain specified locations. Noise control tests as per the New York City Construction
Codes may be performed as directed by the Commissioner. Such motors must bear a nameplate lettered
"Quiet Motor." Springs and slip rings must be of approved non-ferrous material.
D. BEARINGS:
1. Bearings, unless specified otherwise, must be of the ball or roller type. Motors one (1) horsepower
and larger that are equipped with ball roller bearings must also have lubrication of the
pressure-relief greasing type. The Contractor furnishing four (4) or more such motors must also
furnish, as part of the Contract, a pressure grease gun of rugged design, of approximately ten (10)
ounce capacity, complete with necessary adapters. The Contractor must also provide ten (10)
pounds of approved gun grease.
2. For any particular unit where sleeve bearings are deemed desirable, permission for their use may
be granted by the Commissioner. Motors one (1) horsepower and larger that are equipped with
sleeve type bearings must, in addition to having protected fittings easily accessed for oiling, be
provided with visible means for determining normal oil level. Lubrication must be positive,
automatic and continuous.
E. MOTOR TERMINALS AND BOXES: Each motor must be furnished with flexible leads of sufficient length
to extend for a distance of not less than three (3) inches beyond the face of the conduit terminal box.
This box must be furnished of ample size to make and house motor connections. These requirements
must be met irrespective of any other standards or practices. Size of cable terminals and conduit terminal
box holes must be subject to approval. For motors five (5) horsepower or larger, each terminal must
come with two (2) cast or forged copper pressure type connectors with bolts, nuts and washers. For
motors of smaller ratings, connectors of other acceptable types may be furnished. For installations
exposed to the weather or moist locations, terminal boxes must be of cast iron with threaded hubs and
gasketed covers. Cover screws must be of non-corrosive material.
F. MOTOR TEMPERATURE RISES: The motor nameplate temperature rises for the various types of motor
enclosures must be as listed below:
1. Open Frame 40 degrees C.
2. Totally enclosed and enclosed fan cooled 55 degrees C.
3. Explosion proof and submersible 55 degrees C.
4. Partially enclosed and drip proof 40 degrees C.
The temperature of the various parts of a motor must meet the requirements of NEMA standards for the
size and type of the motors. Tests for heating must be made by loading the motor to its rated horsepower
and keeping it so loaded for the rated time interval or until the temperature becomes constant.

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G. SPECIAL CODE INSTALLATIONS: Electrical installations covered by special publications of NBFU and
by special City rulings and regulations must comply in design and safety features with such applicable
codes, regulations and rulings, and must be furnished and installed complete with all accessories and
safety devices as therein specified.
H. MOTORS ON LIGHTING PANELS: The largest A.C. motor permitted on branch circuits of lighting panels
must not exceed 1/4 horsepower.
I. MOTORS RATED: ½ horsepower and larger must be polyphase.

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.8

3.8 MOTOR CONTROL EQUIPMENT:
This Section sets forth the requirements for motor controllers and associated devices. Such requirements are
applicable to all motor control equipment furnished or installed.
A. MANUFACTURER: All control equipment furnished under the Contract must be the product of a single
manufacturer. Exceptions to this rule may be granted in the case of controllers for fractional horsepower
motors driving special equipment, the various units of which have been engineered to obtain specific
performance.
B. CONTROL ITEMS REQUIRED: The Contractor furnishing motors must also furnish therewith complete
disconnecting, starting and control equipment as required by the detailed Specifications, the various code
authorities and for the successful operation of the driven equipment. These items include circuit breakers,
magnetic starters with overload protection and low voltage release or protection, push button stations,
pilot lights and alarms, float, pressure, temperature and limit switches, load transfer switches, devices for
manual operation and speed controllers, etc. The Contractor must furnish as many of these items as
required for the successful operation of the driven unit.
1. Where a motor is to be located out of sight of the controller, the Contractor must furnish an
approved disconnecting means to be mounted near motor.
C. TYPES OF STARTERS:
1. SQUIRREL CAGE: A.C. motors of the squirrel cage type, rated from one (1) to thirty (30)
horsepower, must have magnetic across the line starters; motors rated above thirty (30)
horsepower must be furnished with reduced voltage (autotransformer type) starter or part winding
start with time delay to reduce inrush current. Size of starters must be based on 200V operation.
2. SLIP RING: A.C. motors of the slip-ring type must be furnished with primary across the line starters
interlocked with secondary starting and regulating equipment. The interlocking feature must prevent
starting of the motor when the secondary controller is off the initial starting point.
3. MAGNETIC: For fractional horsepower motors, magnetic type starters are not required unless the
particular method of controlling the driven equipment makes them necessary. Where individual
single phase fractional horsepower motors or the sum of fractional horsepower motors controlled by
an automatic device are ½ horsepower or more, magnetic starters and circuit breakers must be
used. Single phase A.C. motors smaller than ½ horsepower or three-phase A.C. motors smaller
than one (1) horsepower where manual control is specified may be furnished with starters of toggle
switch or push button type with inbuilt thermal protection. No additional disconnecting means is
required to be furnished with this type of starter. This type of starter may also be used in series
with automatic control devices such as thermostats, float and pressure switches, provided the
individual motor or the sum of fractional horsepower motors is less than ½ horsepower. Means for
manual operation must be provided.

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D. DISCONNECTING BREAKER: All motor starters, unless otherwise specified, must be provided with a
disconnecting means in the form of a circuit breaker of the type specified under Article 3.5 CIRCUIT
PROTECTIVE DEVICES. This disconnecting means must be contained in the same housing with the
starter and must be operable from outside. Means must be provided for locking the handle of the circuit
breaker in the "OFF" position if it is desired to take the equipment out of service and prevent unauthorized
starting.
E. CONTROL CABINET – DRY LOCATIONS: All starters must be furnished with general purpose, NEMA
Type 1, sheet metal enclosures with hinged covers and baked enamel finish.
F. CONTROL CABINET – WATERTIGHT: In wet locations, cast iron watertight enclosures with threaded
hubs, galvanized and gasketed hinged covers must be provided.
G. PANELS: Motor control devices and appliances must be mounted on approved insulating slabs with all
wiring and connections made on the back of the slabs.
H. WIRING AND TERMINALS: Wiring connections for currents of one hundred (100) Amperes or less may
be made with copper wire or cable with special flameproof insulating coverings. Such wires must be
installed in a neat workmanlike manner, flat against the slab, and held in place by clips. Connections
must be made with pressure connectors for No. 8 AWG and larger wires, and with grommets for small
stranded wires. Except for incoming and outgoing main leads, all connections must terminate on
approved connector blocks, which may be installed on the face of the slab. For small, across the line
starters, the above requirements may be modified if satisfactory connections are provided.
I. COPPER BUS: For currents exceeding one hundred (100) Amperes, copper bus must be used in place of
wires. The bus must be constructed of copper rods, tubing or flat strap, bent and shaped properly and
securely attached to the slab in a neat and workmanlike manner. The cross section of copper must
provide sufficient areas to keep current density at not more than one thousand (1,000) Amperes per
square inch.
J. COOPERATION: The Contractor’s subcontractor(s) who furnish electrically operated equipment must
give to the Contractor and the Contractor’s electrical subcontractor full information relative to sizes and
locations of apparatus furnished by them which require electrical connections.

END OF SECTION 01 35 06

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SECTION 01 35 26
SAFETY REQUIREMENTS PROCEDURES

PART I – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].
B. The Contractor shall comply with the requirements of “The City of New York Department of Design and
Construction Safety Requirements”. This document is included in the Information for Bidders.

1.2 SUMMARY:

A. This Section includes administrative and general procedural requirements for Safety and Health
Requirements, including:
1. Definitions
2. Required Safety Meeting
3. Compliance with Regulations
4. Submittals
5. Personnel Protective Equipment
6. Hazardous and / or Contaminated Materials
7. Emergency Suspension of Work
8. Protection of Personnel
9. Environmental Protection

1.3 DEFINITIONS:

A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

B. Design Consultant: “Design Consultant” must mean the entity responsible for providing design services
for the Project, including without limitation, preparing the construction documents (drawings and
specifications) and providing services in connection with such documents during construction. The entity
serving as the “Design Consultant” may be a corporation, firm, partnership, joint venture, individual or
combination thereof. Such entity may be either an employee(s) of the City or an entity engaged by the
City to provide such services.

1.4 REQUIRED SAFETY MEETINGS:

A. Prior to commencing construction, the Resident Engineer will schedule and hold a preconstruction kick-off
meeting either at DDC’s main office or at the Project site with representatives of the Contractor, including
the principal on-site project representative, one or more safety representatives, the Commissioner’s
designated representatives and other concerned parties for the purpose of reviewing the Contract safety
requirements. Additionally, implementing Work safety provisions must be discussed.
B. The Contractor is responsible for conducting weekly documented jobsite safety meetings, given to all
jobsite personnel including all subcontractors on the Project, with the purpose of discussing safety topics
and job-specific requirements at the DDC worksite.

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1.5 COMPLIANCE WITH REGULATIONS:

A. The Work, including contact with or handling of hazardous materials, disturbance or dismantling of
structures containing hazardous materials, and disposal of hazardous materials, shall comply with
the applicable requirement for 29 CFR Parts 1910 and 1926, and 40 CFR, Parts 61, 261, 761 and
763.
B. Work involving disturbance or dismantling of asbestos or asbestos-containing materials, demolition
of structures containing asbestos and removal of asbestos, shall comply with 40 CFR Part 61,
Subparts A and M, and 40 CFR Part 763, as applicable.
C. Additionally, Work shall comply with all applicable federal, state, and local safety and health
regulations.
D. In case of a conflict between applicable regulations, the more stringent requirements shall apply.
E. All workers working on the DDC Project site are required by NYC Local Law 41 to complete the
OSHA 10-hour training course.

1.6 SUBMITTALS:
A. The Contractor shall submit to the Resident Engineer, copies of the Safety Program, Site Safety Plan
and other required documentation in accordance with the “New York City Department of Design and
Construction Safety Requirements”.
B. Permits: If hazardous materials are disposed of off-site, the Contractor must submit to the Resident
Engineer copies of shipping manifests, permits from applicable federal, state, or local authorities and
disposal facilities, and certificates that the material has been disposed of in accordance with
regulations.
C. Accident Reporting: Submit a copy of each accident report to the Resident Engineer in accordance
with the “New York City Department of Design and Construction Safety Requirements”.
D. All asbestos and lead project regulatory notifications are to be submitted to DDC’s Office of
Environmental and Geotechnical Services (OEGS) through the Resident Engineer.
E. Request for Subcontractor Approval: Any subcontractor performing environmental work must submit
required documentation for approval to perform such work as required by DDC’s OEGS.

PART II – PRODUCTS

2.1 PERSONNEL PROTECTIVE EQUIPMENT:

A. Special facilities, devices, equipment, and similar items used by the Contractor in execution of the
Work shall comply with 29 CFR Part 1910, subpart I, Part 1926, subpart E, and other applicable
regulations.

2.2 HAZARDOUS AND / OR CONTAMINATED MATERIALS:

A. The Contractor shall bring to the attention of the Commissioner, any material encountered during
execution of the Work that the Contractor suspects to be hazardous and / or contaminated.
B. The Commissioner shall determine whether the Contractor shall perform tests to determine if the
material is hazardous and / or contaminated. A change to the Contract price may be provided,
subject to the applicable provisions of the Contract.
C. If the material is found to be hazardous, the Commissioner may direct the Contractor to remediate
the hazard and a change to the Contract price may be provided, subject to the applicable provisions
of the Contract.

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PART III – EXECUTION

3.1 EMERGENCY SUSPENSION OF WORK:

A. When the Contractor is notified by the Commissioner of noncompliance with the safety provisions of
the Contract, the Contractor shall immediately, unless otherwise instructed, correct the unsafe
condition, at no additional cost to the City.
B. If the Contractor fails to comply promptly, all or part of the Work may be stopped by notice from the
Commissioner.
C. When, in the opinion of the Commissioner, the Contractor has taken satisfactory corrective action,
the Commissioner shall provide written notice to the Contractor that the Work may resume.
D. The Contractor shall not be allowed any extension of time or compensation for damages in
connection with a work stoppage for an unsafe condition.

3.2 PROTECTION OF PERSONNEL:

A. The Contractor shall take all necessary precautions to prevent injury to the public, occupants, or
damage to property of others. The public and occupants includes all persons not employed by the
Contractor or a subcontractor.
B. Whenever practical, the work area shall be fenced, barricaded, or otherwise blocked off from the
public or occupants to prevent unauthorized entry into the work area, in compliance with the
requirements of Section 01 50 00 TEMPORARY FACILITIES, SERVICES AND CONTROLS, and
including without limitation, the following:
1. Provide traffic barricades and traffic control signage where construction activities occur in
vehicular areas.
2. Corridors, aisles, stairways, doors, and exit ways shall not be obstructed or used in a manner
to encroach upon routes of ingress or egress utilized by the public or occupants, or to present
an unsafe condition to the public or occupants.
3. Store, position and use equipment, tools, materials, scraps and trash in a manner that does
not present a hazard to the public or occupant by accidental shifting, ignition, or other
hazardous activity.
4. Store and transport refuse and debris in a manner to prevent unsafe and unhealthy conditions
for the public and occupants. Cover refuse containers and remove refuse on a frequent regular
basis acceptable to the Resident Engineer. Use tarpaulins or other means to prevent loose
transported materials from dropping from trucks or other vehicles.

3.3 ENVIRONMENTAL PROTECTION:

A. Dispose of solid, liquid and gaseous contaminants in accordance with local codes, laws, ordinances
and regulations.
B. Comply with applicable federal, state, and local noise control laws, ordinances, and regulations,
including but not limited to 29 CFR 1910.95, 29 CFR 1926.52 and NYC Administrative Code Chapter
28 of Title 15.

END OF SECTION 01 35 26

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SECTION 01 35 91
HISTORIC TREATMENT PROCEDURES

REFER TO THE ADDENDUM FOR APPLICABILITY OF THIS SECTION 01 35 91

PART I – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].
1.2 SUMMARY:
A. This Section includes administrative and procedural requirements for the treatment of Landmark
Structures and Landmark Quality Structures, as identified in the Addendum. Specific requirements are
indicated in other sections of the Specifications.
B. This Section includes, without limitation, the following:
1. Storage and protection of existing historic materials
2. General Protection
3. Protection during use of heat-generating equipment
4. Photographic Documentation
5. NYC Landmarks Preservation Commission Final Approval signoffs

1.3 RELATED SECTIONS: include without limitation the following:

A. Section 01 10 00 SUMMARY
B. Section 01 32 33 PHOTOGRAPHIC DOCUMENTATION
C. Section 01 33 00 SUBMITTAL PROCEDURES
D. Section 01 77 00 CLOSEOUT PROCEDURES
E. Section 01 78 39 CONTRACT RECORD DOCUMENTS

1.4 DEFINITIONS:
A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.
B. Design Consultant: “Design Consultant” means the entity responsible for providing design services for the
Project, including without limitation, preparing the construction documents (drawings and specifications)
and providing services in connection with such documents during construction. The entity serving as the
“Design Consultant” may be a corporation, firm, partnership, joint venture, individual or combination
thereof. Such entity may be either an employee(s) of the City or an entity engaged by the City to provide
such services.
C. Landmark Structure or Site: Any building or site which has been designated as a landmark, or any
building or site within a landmark district, as designated by the New York City (NYC) Preservation
Commission or the New York State Historic Preservation Office.
D. Landmark Quality Structure: Any building which has been determined by the City to be of landmark
quality and/or historical significance.

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E. Preservation: To apply measures necessary to sustain the existing form, integrity, and materials of a
historic property. Work may include preliminary measures to protect and stabilize the property.
F. Rehabilitation: To make possible a compatible use for a property through repair, alterations, and
additions while preserving those portions or features that convey its historical, cultural, or architectural
values.
G. Restoration: To accurately depict the form, features, and character of a property as it appeared at a
particular period of time by means of the removal of features from other periods in its history and the
reconstruction of missing features from the restoration period.
H. Reconstruction: To reproduce in the exact form and detail a building, structure, or artifact as it appeared
at a specific period in time.
I. Stabilize: To apply measures designed to reestablish a weather-resistant enclosure and the structural
reinforcement of an item or portion of the building while maintaining the essential form as it exists at
present.
J. Protect and Maintain: To remove deteriorating corrosion, reapply protective coatings, and install
protective measures such as temporary guards; to provide the least degree of intervention.
K. Repair: To stabilize, consolidate, or conserve; to retain existing materials and features while employing
as little new material as possible. Repair includes patching, piecing-in, splicing, consolidating, or
otherwise reinforcing or upgrading materials. Within restoration, repair also includes limited replacement
in kind, rehabilitation, and reconstruction, with compatible substitute materials for deteriorated or missing
parts of features when there are surviving prototypes.
L. Replace: To duplicate and replace entire features with new material in kind. Replacement includes the
following conditions:
1. Duplication: Includes replacing elements damaged beyond repair or missing. Original material is
indicated as the pattern for creating new duplicated elements.
2. Replacement with New Materials: Includes replacement with new material when original material is
not available as patterns for creating new duplicated elements.
3. Replacement with Substitute Materials: Includes replacement with compatible substitute materials.
Substitute materials are not allowed, unless otherwise indicated.
M. Remove: To detach items from existing construction and legally dispose of them off-site, unless indicated
to be removed and salvaged or removed and reinstalled.
N. Remove and Salvage: To detach items from existing construction and deliver them to the City ready for
reuse.
O. Remove and Reinstall: To detach items from existing construction, repair and clean them for reuse, and
reinstall them where indicated.
P. Existing to Remain or Retain: Existing items of construction that are not to be removed and that are not
otherwise indicated to be removed and salvaged, or removed and reinstalled.
Q. Material in Kind: Material that matches existing materials as much as possible, in species, cut, color,
grain, and finish.

1.5 SUBMITTALS:
A. Historic Treatment Program: Submit a written plan for each phase or process, including protection of
surrounding materials during operations. Describe in detail materials, methods, and equipment to be
used for each phase of the Work.

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B. Alternative Methods and Materials: If alternative methods and materials to those indicated are proposed
for any phase of the Work, submit for the Commissioner’s approval a written description, including
evidence of successful use on other comparable projects and provide a program of planned testing to
demonstrate the effectiveness of the alternative methods and materials for use on this Project.
C. Qualification Data: Submit qualification data for historic treatment specialists as specified and required by
individual sections of the Project specifications.
D. Photographs for Designated Landmark Structures: Submit photographs in accordance with Section 01 32
33 PHOTOGRAPHIC DOCUMENTATION and as described in this section.
E. Record Documents: Include modifications to manufacturer's written instructions and procedures, as
documented in the historic treatment preconstruction conference and as the Work progresses.

1.6 QUALITY ASSURANCE:

A. Special Experience Requirements: Special Experience Requirements may apply to the firm that will
provide Historic Treatment Services. If applicable, such Special Experience Requirements are set forth in
the Bid Booklet.
B. Historic Treatment Preconstruction Conference: The Resident Engineer will schedule and hold a
preconstruction meeting at the site in accordance with Section 01 31 00 PROJECT MANAGEMENT AND
COORDINATION.
1. Review manufacturer's written instructions for precautions and effects of products and procedures
on building materials, components, and vegetation.
a. Record procedures established as a result of the review and distribute to affected parties.

1.7 STORAGE AND PROTECTION OF HISTORIC MATERIALS:

A. Removed and Salvaged Historic Materials: As specified and required by individual sections of the Project
specifications.
B. Removed and Reinstalled Historic Materials: As specified and required by individual sections of the
Project specifications.
C. Existing Historic Materials to Remain: Protect construction indicated to remain against damage and
soiling during historic treatment. When permitted by the Commissioner, items may be removed to a
suitable, protected storage location during historic treatment and reinstalled in their original locations after
historic treatment operations are complete.
D. Storage and Protection: When removed from their existing location, store historic materials, at a location
acceptable to the Commissioner, within a weather tight enclosure where they are protected from wetting
by rain, snow, or ground water, and temperature variations. Secure stored materials to protect from theft.
1. Identify removed items with an inconspicuous mark indicating their original location.

PART II – PRODUCTS (Not Used)

PART III – EXECUTION

3.1 GENERAL PROTECTION:

A. Comply with manufacturer's written precautions against harmful effects of products and procedures on
adjacent building materials, components, and vegetation.
B. Ensure that supervisory personnel are present when work begins and throughout its progress.
C. Temporary Protection of Historic Materials during Construction:

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1. Protect existing materials during installation of temporary protections and construction. Do not
deface or remove existing materials.
2. Attachments of temporary protection to existing construction must be approved by the
Commissioner prior to installation.
D. Protect landscape work adjacent to or within work areas as follows:
1. Provide barriers to protect tree trunks.
2. Bind spreading shrubs.
3. Use coverings that allow plants to breathe and remove coverings at the end of each day. Do not
cover plant material with a waterproof membrane for more than eight (8) hours at a time.
4. Set scaffolding and ladder legs away from plants.
E. Existing Drains: Prior to the start of work or any cleaning operations, test drains and other water removal
systems to ensure that drains and systems are functioning properly. Notify the Commissioner immediately
of drains or systems that are stopped or blocked. Do not begin Work pertaining to this Section until the
drains are in working order.
1. Provide a method to prevent solids, including stone or mortar residue, from entering the drains or
drain lines. Clean out drains and drain lines that become blocked or filled by sand or any other
solids because of the Work performed under this Contract.
2. Protect storm drains from pollutants. Block drains or filter out sediments, allowing only clean water
to pass.

3.2 PROTECTION DURING USE OF HEAT-GENERATING EQUIPMENT:

A. No roofing work requiring the use of an open flame will be permitted on any Landmark Structure or any
Landmark Quality Structure whose roof or wall structure is made of wood or primarily of wood.
B. Comply with the following procedures while performing work with heat-generating equipment, including
welding, cutting, soldering, brazing, paint removal with heat, and other operations where open flames or
implements utilizing heat are used:
1. Obtain Commissioner’s approval for operations involving use of open-flame or welding equipment.
Notification must be given for each occurrence and location of work with heat-generating
equipment.
2. Where possible, use heat-generating equipment in shop areas or outside the building.
3. Before work with heat-generating equipment commences, furnish personnel to serve as a fire watch
(or watches) for location(s) where work is to be performed.
4. Do not perform work with heat-generating equipment in or near rooms or in areas where flammable
liquids or explosive vapors are present or thought to be present. Use a combustible gas indicator
test to ensure that the area is safe.
5. Remove and keep the area free of combustibles, including rubbish, paper, waste, etc., within the
area of operations.
6. If combustible material cannot be removed, provide fireproof blankets to cover such materials.
7. Where possible, furnish and use baffles of metal or gypsum board to prevent the spraying of sparks
or hot slag into surrounding combustible material.
8. Prevent the extension of sparks and particles of hot metal through open windows, doors, holes, and
cracks in floors, walls, ceilings, roofs, and other openings.

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9. Inspect each location of the day's work not sooner than thirty (30) minutes after completion of
operations to detect hidden or smoldering fires and to ensure that proper housekeeping is
maintained.
C. Where sprinkler protection exists and is functional, maintain it without interruption while operations are
being performed. If operations are performed close to automatic sprinkler heads, shield the individual
heads temporarily with guards.

3.3 PHOTOGRAPHIC DOCUMENTATION:

A. Photographs for Designated Landmark Structures: Show existing conditions prior to any historic
treatments, including one overall photograph and two close-up photographs of all areas of work affected.
Show one overall photograph and two close-up photographs of all areas of work after the successful
execution of all historical treatments.

3.4 NEW YORK CITY LANDMARKS PRESERVATION COMMISSION FINAL APPROVALS SIGNOFF:
A. For all projects involving a Landmark Structure or Site, the Contractor, at the completion of the Work,
must submit to the Commissioner, in accordance with Section 01 78 39 CONTRACT RECORD
DOCUMENTS, all documentation concerning the successful execution of all historic treatments. This
must include, but not be limited to, copies of all before and after photographs of historic treatments, one
copy of the Contractor’s as-built drawings, copies of testing and analysis results, including cleaning,
mortar analysis, pointing mortars and all other information pertaining to work performed under the NYC
Landmarks Preservation Commission jurisdiction.

END OF SECTION 01 35 91

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SECTION 01 40 00
QUALITY REQUIREMENTS

PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:
A. This Section includes the following:
1. Definitions
2. Conflicting Requirements
3. Quality Assurance
4. Quality Control
5. Approval of Materials
6. Special Inspections (Controlled Inspection)
7. Inspections by Other City Agencies
8. Certificates of Approval
9. Acceptance Tests
10. Repair and Protection
B. This section includes administrative and procedural requirements for quality control to assure compliance
with quality requirements specified in the Contract Documents.
C. Testing and inspecting services are required to verify compliance with requirements specified or
indicated. These services do not relieve Contractor of responsibility for compliance with the Contract
Documents.
D. Specified tests, inspections, and related actions do not limit Contractor's other quality assurance and
quality control procedures that facilitate compliance with the Contract Documents.
E. Provisions of this section do not limit requirements for the Contractor to provide quality assurance and
quality control services required by the Commissioner or authorities having jurisdiction.
F. Specific test and inspection requirements are specified in the individual sections of the Specifications.
G. LEED: Refer to the Addendum to identify whether this Project is designed to comply with a Certification
Level according to the U.S. Green Building Council's Leadership in Energy & Environmental Design
(LEED) Rating System, as specified in Section 01 81 13.03 SUSTAINABLE DESIGN REQUIREMENTS
FOR LEED v3 BUILDINGS or Section 01 81 13.04 SUSTAINABLE DESIGN REQUIREMENTS FOR
LEED v4 BUILDINGS.
H. COMMISSIONING: Refer to the Addendum to identify whether this Project will be commissioned by an
independent third party under separate contract with the City of New York. Commissioning must be in
accordance with ASHRAE and USGBC LEED-NC procedures, as described in Section 01 91 13
GENERAL COMMISSIONING REQUIREMENTS FOR MEP SYSTEMS and/ or Section 01 91 15
GENERAL COMMISSIONING REQUIREMENTS FOR BUILDING ENCLOSURE. The Contractor must
cooperate with the Commissioning Agent and provide whatever assistance is required.

1.3 RELATED SECTIONS: Include without limitation the following:

A. Section 01 10 00 SUMMARY
B. Section 01 31 00 PROJECT MANAGEMENT AND COORDINATION

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C. Section 01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION

D. Section 01 33 00 SUBMITTAL PROCEDURES
E. Section 01 77 00 CLOSEOUT PROCEDURES
F. Section 01 78 39 CONTRACT RECORD DOCUMENTS

1.4 DEFINITIONS:

A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

B. Design Consultant: “Design Consultant” means the entity responsible for providing design services for the
Project, including without limitation, preparing the construction documents (drawings and specifications)
and providing services in connection with such documents during construction. The entity serving as the
“Design Consultant” may be a corporation, firm, partnership, joint venture, individual or combination
thereof. Such entity may be either an employee(s) of the City or an entity engaged by the City to provide
such services.

C. Commissioning: A Total Quality Assurance process that includes checking the design and installation of
equipment, as well as performing functional testing of the same to confirm that the installed equipment is
operating and in conformance with the Contract Documents and the City’s requirements.

1.5 CONFLICTING REQUIREMENTS:

A. General: If compliance with two or more standards is specified and the standards establish different or
conflicting requirements for minimum quantities or quality levels, the Contractor must comply with the
most stringent requirement. The Contractor must refer any uncertainties and/or conflicting requirements to
the Commissioner for a decision before proceeding.
B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified must be the
minimum provided or performed. The actual installation may comply exactly with the minimum quantity or
quality specified, or it may exceed the minimum within reasonable limits. To comply with these
requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of
requirements. The Contractor must refer any uncertainties to the Commissioner for a decision before
proceeding.

1.6 QUALITY ASSURANCE:

A. General: Qualifications paragraphs in this Article establish the minimum qualification levels required.
Individual Specification Sections specify additional requirements.
B. Installer Qualifications: Special Experience Requirements may apply to the firm that will install, erect or
assemble specified work required for the Project. If applicable, such Special Experience Requirements
are set forth in the Bid Booklet.
C. Manufacturer Qualifications: Special Experience Requirements may apply to the firm that will manufacture
equipment, products or systems specified for the Project. If applicable, such Special Experience
Requirements are set forth in the Bid Booklet.
D. Fabricator Qualifications: Special Experience Requirements may apply to the firm that will fabricate
material, products or systems specified for the Project. If applicable, such Special Experience
Requirements are set forth in the Bid Booklet.
E. Professional Engineer Qualifications: A professional engineer who is licensed to practice in the State of
New York and who is experienced in providing engineering services of the kind indicated. Engineering

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services are defined as those performed for installations of the system, assembly, or products that are
similar to those indicated for this Project in material, design, and extent.
F. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer
who is trained and approved by manufacturer to inspect installation of manufacturer's products that are
similar in material, design, and extent to those indicated for this Project.
G. Mockups: Before installing portions of the Work requiring mockups, build mockups for each form of
construction and finish required to comply with the following requirements, using materials indicated for
the completed Work:
1. Build mockups in location and of size indicated or, if not indicated, as directed by the Resident
Engineer.
2. Notify Resident Engineer seven (7) days in advance of dates and times when mockups will be
constructed.
3. Demonstrate the proposed range of aesthetic effects and workmanship.
4. Obtain Design Consultant’s approval of mockups before starting work, fabrication, or construction.
5. Maintain mockups during construction in an undisturbed condition as a standard for judging the
completed Work.
6. Demolish and remove mockups when directed, unless otherwise directed or indicated.

1.7 QUALITY CONTROL:

A. City’s Responsibilities: Where quality-control services are indicated as the City’s responsibility in the
Specifications, the City will engage a qualified testing agency to perform these services.
1. COST OF TESTS BORNE BY THE CITY: Where the City directs tests to be performed to
determine compliance with the Specifications regarding materials or equipment, and where such
compliance is ascertained as a result thereof, the City will bear the cost of such tests.
2. The City will furnish the Contractor with names, addresses, and telephone numbers of testing
entities engaged and a description of the types of testing and inspecting they are engaged to
perform.
3. Costs for retesting and re-inspecting construction that replaces or is necessitated by work that
failed to comply with the Contract Documents will be charged to the Contractor.
B. Contractor’s Responsibility: Tests and inspections not explicitly assigned to the City are the Contractor's
responsibility. Unless otherwise indicated, the Contractor must provide quality control services as set
forth in the Specifications and those required by authorities having jurisdiction, whether specified or not.
1. COST OF TESTS BORNE BY CONTRACTOR – In the case of tests which are specifically called
for in the Specifications to be provided by the Contractor or tests which are required by any
authority having jurisdiction, but are not indicated as the responsibility of the City, the cost thereof
will be borne by the Contractor and will be deemed to be included in the Contract price. The
Contractor must reimburse the City for expenditures incurred in providing tests on materials and
equipment submitted by the Contractor as the equivalent of that specifically named in the
Specifications and rejected for non-compliance.
2. Where services are indicated as Contractor's responsibility, the Contractor must engage a qualified
testing agency to perform these quality-control services. Any testing agency engaged by the
Contractor to perform quality control services is subject to prior approval by the Commissioner.
3. The Contractor must not employ same entity engaged by the City, unless agreed to in writing by the
Commissioner.
4. The Contractor must notify testing agencies and the Resident Engineer at least 72 hours in
advance of the date and time for the performance of Work that requires testing or inspecting.
5. Where quality control services are indicated as Contractor's responsibility, the Contractor must
submit a certified written report of each quality-control service, in triplicate, to the Commissioner.

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6. Testing and inspecting requested by the Contractor and not required by the Contract Documents
are Contractor's responsibility.
7. The Contractor must submit additional copies of each written report directly to authorities having
jurisdiction, when they so direct.
C. Manufacturer's Field Services: Where indicated, the Contractor must engage a factory-authorized service
representative to inspect field-assembled components and equipment installation, including service
connections. Results must be submitted in writing as specified in Section 01 33 00 SUBMITTAL
PROCEDURES.
D. Retesting/Re-inspecting: Regardless of whether the original tests or inspections were the Contractor's
responsibility, the Contractor must provide quality control services, including retesting and re-inspecting,
for construction that replaced Work that failed to comply with the Contract Documents.
E. Associated Services: The Contractor must cooperate with entities performing required tests, inspections,
and similar quality control services, and must provide reasonable auxiliary services as requested. The
Contractor must notify the testing agency sufficiently in advance of operations to permit assignment of
personnel. Provide the following:
1. Access to the Work.
2. Incidental labor and facilities necessary to facilitate tests and inspections.
3. Adequate quantities of representative samples of materials that require testing and inspecting.
Assist testing entity in obtaining samples.
4. Facilities for storage and field curing of test samples.
5. Delivery of samples to testing entities.
6. Design mix proposed for use for material mixes that require control by the testing entity.
7. Security and protection for samples and for testing and inspecting equipment at the Project site.
F. Coordination: Coordinate sequence of activities to accommodate required quality assurance and quality
control services with minimal delay and avoid necessity of removing and replacing construction to
accommodate testing and inspecting.
1. Schedule times for tests, inspections, obtaining samples, and similar activities.
2. Coordinate and cooperate with the Commissioning Authority/Agent as applicable for start-up,
inspection and functional testing in the implementation of the Commissioning Plan.
G. Manufacturer’s Directions: Where the Specifications provide that the manufacturer's directions are to be
used, such printed directions must be submitted to the Commissioner.
H. Inspection of Material: In the event that the Specifications require the Contractor to engage the services
of an entity to witness and inspect any material especially manufactured or prepared for use in or part of
the permanent construction, such entity will be subject to prior written approval by the Commissioner.
1. NOTICE - The Contractor must give notice in writing to the Commissioner, sufficiently in advance of
its intention to commence the manufacture or preparation of materials especially manufactured or
prepared for use in or as part of the permanent construction. Such notice must contain a request for
inspection, the date of commencement, and the expected date of completion of the manufacture or
preparation of materials. Upon receipt of such notice, the Commissioner will arrange to have a
representative present at such times during the manufacture as may be necessary to inspect the
materials, or the Commissioner will notify the Contractor that the inspection will be made at a point
other than the point of manufacture, or the Commissioner will notify the Contractor that inspection will
be waived.
I. No Shipping Before Inspection: The Contractor must comply with the foregoing before shipping any
material.

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J. Certificate of Manufacture: When the Commissioner so requires, the Contractor must furnish to the
Commissioner, authoritative evidence in the form of Certificates of Manufacture that the materials to be
used in the Work have been manufactured and tested in conformity with the Specifications. These
certificates must include copies of the results of physical tests and chemical analyses where necessary,
that have been made directly on the product, or on similar products being fabricated by the manufacturer.
This may include such approvals as the Bureau of Standards and Appeals (B.S.A.), the Materials and
Equipment (M.E.A.) acceptance Index, the Bureau of Electrical Control (B.E.C.), etc.
K. Acceptance: When materials or manufactured products comprise of such quantity that it is not practical to
make physical tests or chemical analyses directly on the product furnished, a certificate stating the results
of such tests or analyses of similar materials which were concurrently produced may, at the discretion of
the Commissioner, be considered as the basis for the acceptance of such material or manufactured
product.
L. Testing Compliance: The testing personnel must make the necessary inspections and tests, and the
reports thereof must be in such form as will facilitate checking to determine compliance with the
Specifications, indicating thereon all analyses and/or test data and interpreted results thereof.
M. Reports: Six (6) copies of the reports must be submitted and authoritative certification thereof must be
furnished to the Commissioner as a prerequisite for the acceptance of any material or equipment.
N. Rejections: If, in making any test, it is ascertained by the Commissioner that the material or equipment
does not comply with the Specifications, the Contractor will be notified thereof, and will be directed to
refrain from delivering said materials or equipment, or to promptly remove it from the site or from the
Work and replace it with acceptable material at no additional cost to the City.
O. Furnish Designated Materials: Upon rejection of any material or equipment submitted as the equivalent of
that specifically named in the Specifications, the Contractor must immediately proceed to furnish the
designated material or equipment.

1.8 APPROVAL OF MATERIALS:

A. Local Laws: All materials, appliances and types or methods of construction must be in accordance with
the Specifications and must in no event be less than that necessary to conform to the requirements of the
New York City (NYC) Construction Codes, Administrative Code and Charter of the City of New York.
B. Approval of Manufacturer: The names of proposed manufacturers, material suppliers, and dealers who
are to furnish materials, fixtures, equipment, appliances or other fittings must be submitted to the
Commissioner for approval, as early as possible, to afford proper review and analysis. No manufacturer
will be approved for any materials to be furnished under the Contract unless it has a plant of ample
capacity and have successfully produced similar products. All approvals of materials or equipment that
are legally required by the NYC Construction Codes and other governing authorities must be obtained
prior to installation.
C. All Materials: Fixtures, fittings, supplies and equipment furnished under the Contract must be new and
unused, except as approved by the Commissioner, and of standard first-grade quality and of the best
workmanship and design. The City of New York encourages the use of recycled products where
practical.
D. INFORMATION TO SUPPLIERS - In asking for prices on materials under any item of the Contract, the
Contractor must provide the manufacturer or dealer with such complete information from the
Specifications and Contract Drawings as may in any case be necessary, and in every case the Contractor
must inform the manufacturer or dealer of all the General Conditions and requirements herein contained.

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1.9 SPECIAL INSPECTIONS:

A. SPECIAL INSPECTIONS:
1. Inspection of selected materials, equipment, installation, fabrication, erection, or placement of
components and connections made during the progress of the Work to ensure compliance with the
Contract Documents and provisions of the NYC Construction Codes, will be made by a Special
Inspector. The City of New York will retain the services of the Special Inspector and bear the costs
for the performance of Special Inspections in compliance with NYC Construction Codes
requirements or as additionally may be called for in the project specifications, except as noted
below for Form TR-3: Technical Report for Concrete Design Mix. The Special Inspector will be an
entity that is in compliance with the requirements of the NYC Construction Codes. The Contractor
must notify the relevant Special Inspector in writing at least 72 hours before the commencement of
any Work requiring special inspection.
2. Form TR3: Technical Report Concrete Design Mix: The Contractor will be responsible for, and bear
all costs associated with the filing and securing of approvals, if any, for Form TR3: Technical Report
Concrete Design Mix, including, but not limited to, engaging the services of a New York City
licensed Concrete Testing Lab for the review and approval of concrete design mix, testing,
signatures and professional seals, etc., compliant with NYC Department of Buildings requirements,
for each concrete design mix.
3. The Contractor must notify the relevant Special Inspector in writing at least 72 hours before the
commencement of any Work requiring Special Inspection. The Contractor will be responsible for
and bear related costs to assure that all construction or work has suitable access and remains
exposed for inspection purposes until the required inspection is completed.
4. Inspections and tests performed under “Special Inspection” will not relieve the Contractor of the
responsibility to comply with the Contract Documents, and that there is no warranty given to the
Contractor by the City of New York in connection with such inspection and tests or certifications
made under “Special Inspections”.
5. The Contractor must coordinate with the Resident Engineer or DDC Project Manager to provide
access and schedule the Work for inspection by the Special Inspector.

1.10 INSPECTIONS BY OTHER CITY AGENCIES:

A. Letter of Completion: Just prior to Substantial Completion of the Project, the Commissioner will file with
the Department of Buildings, an application for a Letter of Completion or a Certificate of Occupancy for
the structure.
B. Final Inspections: In connection with the above-mentioned application for a Letter of Completion or a
Certificate of Occupancy and before certificates of final payments are issued, the Contractor will be
required to arrange for all final inspections by the inspection staff of the Department of Buildings, Fire
Department, or other Governmental Agencies having jurisdiction, and secure all reports, sign offs,
certificates, etc., by such inspection staff or other governmental agencies, in order that a Letter of
Completion or Certificate of Occupancy can be issued promptly.

1.11 CERTIFICATES OF APPROVAL:

A. Responsibility: The Contractor will be responsible for and must obtain all final approvals for the Work
installed under the Contract in the form of such certificates that are required by all governmental agencies
having jurisdiction over the Work of the Contract.

B. Transmittal: All such certificates must be forwarded to the Commissioner through the Resident Engineer.

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1.12 ACCEPTANCE TESTS:

A. Government Agencies: All equipment and appliances furnished and installed under the Contract must
conform to the requirements of the Specifications and will in no event be less than that necessary to
comply with the minimum requirements of the law and all of the governmental agencies having
jurisdiction.
B. Notice of Tests: Whenever the Specifications and/or any governmental agency having jurisdiction
requires the acceptance test, the Contractor will give to all concerned, written notice of the time when
these tests will be conducted.
C. Energy: The City will furnish all energy, fuel, water, and light required for tests.
D. Labor and Materials: The Contractor must furnish labor and all other material and instruments necessary
to conduct the acceptance tests at no additional cost to the City.
E. Certificates: The Final Acceptance by the Commissioner will be contingent upon the Contractor delivering
to the Commissioner all necessary certificates evidencing compliance in every respect with the
requirements of the regulatory agencies having jurisdiction.
F. Results: If the results of tests and Special Inspections indicate that the material or procedures do not
meet requirements as set forth on the Contract Drawings or in the Specifications or are otherwise
unsatisfactory, the Contractor must only proceed as directed by the Resident Engineer. Additional costs
resulting from retesting, re-inspecting, replacing of material and/or damage to the Work and any delay
caused to the schedule will be borne by the Contractor.

PART II – PRODUCTS (Not Used)

PART III – EXECUTION

3.1 REPAIR AND PROTECTION

A. General: On completion of testing, inspecting, sample taking, and similar services, the Contractor must
repair damaged construction and restore substrates and finishes.
1. Provide materials and comply with installation requirements specified in other Specification
Sections. Restore patched areas and extend restoration into adjoining areas with durable seams
that are as invisible as possible.

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SECTION 01 42 00
REFERENCES

PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 DEFINITIONS:

REFER TO THE ADDENDUM, Article IX, FOR ADDITIONAL DEFINITIONS AND REVISIONS TO THE CONTRACT
AND SPECIFICATIONS

A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.
B. "APPROVED," ETC. - "Approved," "acceptable," "satisfactory," and words of similar import will mean and
intend approved, acceptable, or satisfactory to the Commissioner.
C. Design Consultant: “Design Consultant” means the entity responsible for providing design services for the
Project, including without limitation, preparing the construction documents (drawings and specifications)
and providing services in connection with such documents during construction. The entity serving as the
“Design Consultant” may be a corporation, firm, partnership, joint venture, individual or combination
thereof. Such entity may be either an employee(s) of the City or an entity engaged by the City to provide
such services.
D. "DIRECTED," "REQUIRED," ETC.- Wherever reference is made in the Contract to the Work or its
performance, the terms "directed," "required," "permitted," "ordered," "designated," "prescribed,"
"determined," and words of similar import will, unless expressed otherwise, imply the direction,
requirements, permission, order, designation or prescription of the Commissioner.
E. "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in
Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled,"
and "specified" have the same meaning as "indicated."
F. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and
similar operations.
G. "Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling,
erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and
similar operations.
H. "Provide": Furnish and install, complete and ready for the intended use.
I. "Project Site": Space available for performing construction activities. The extent of Project site is shown
on Drawings.

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1.3 CODES, AGENCIES AND REGULATIONS:

A.B.A Architectural Barriers Act
A.D.A.A.G. Americans with Disabilities Act (ADA) Accessibility Guidelines
B.G. & E. Bureau of Gas and Electricity of the City of New York
B.S. A. New York City Board of Standards and Appeals
DOE Department of Energy
E.C.C.C.N.Y.S. Energy Conservation Construction Code of New York State
EPA Environmental Protection Administration
N.Y.C.C.C. New York City Construction Codes – includes:
New York City Energy Conservation Code (N.Y.C. E.C.C)
New York City Plumbing Code (N.Y.C. P.C.)
New York City Building Code (N.Y.C. P.C.)
New York City Mechanical Code (N.Y.C. M.C.)
New York City Fuel Gas Code (N.Y.C. F.G.C.)

N.Y.S.D.O.L New York State Department of Labor

N.Y.C.D.E.P New York City Department of Environmental Protection

N.Y.C.E.C. New York City Electrical Code

N.Y.C.F.C New York City Fire Code

N.Y.S...D.E.C. New York State Department of Environmental Conservation
O.S.H.A. Occupational Safety & Health Administration

1.4 INDUSTRY STANDARDS:

A. STANDARD REFERENCES – Unless otherwise specifically indicated in the Contract Documents,
whenever reference is made to the furnishing of materials or testing thereof that conforms to the
standards of any technical society, organization or body, it must be construed to mean the latest
standard, code, specification adopted and published by that technical society, organization or body, as of
the date of the bid opening, unless the provisions of the N.Y.C.C.C. adopts a different or earlier dated
version of such standard. All references to the ICC A117.1 are only to the 2009 version, whether or not a
specific version is specified.
B. APPLICABILITY OF STANDARDS: Unless the Contract Documents include more stringent requirements,
applicable construction industry standards have the same force and effect, to the extent referenced, as if
bound or copied directly into the Contract Documents. Such standards are made a part of the Contract
Documents by reference.
C. CONFLICTING REQUIREMENTS: Where compliance with two or more standards is specified and the
standards establish different or conflicting requirements for minimum quantity or quality, comply with the
most stringent requirements. Immediately refer uncertainties and requirements that are different but
apparently equal, to the Commissioner in writing for a decision before proceeding.

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D. STANDARD SPECIFICATIONS - When no reference is made to a code, standard, or specification, the

Standard Specifications of the ASTM or the AIEE, as the case may be, shall govern.
E. REFERENCES - Reference to a technical society, organization, or body may be made in the
Specifications by abbreviations. Abbreviations and acronyms used in the Specifications and other
Contract Documents mean the associated name. The following names are subject to change and are
believed, but are not assured, to be accurate and up-to-date as of the Issue Date of the Contract
Documents.

AA Aluminum Association, Inc. (The)

AAADM American Association of Automatic Door Manufacturers

AABC Associated Air Balance Council

AAMA American Architectural Manufacturers Association

AASHTO American Association of State Highway and Transportation Officials

AATCC American Association of Textile Chemists and Colorists (The)

ABAA Air Barrier Association of America

ABMA American Bearing Manufacturers Association

ACI ACI International (American Concrete Institute)

ACPA American Concrete Pipe Association

AEIC Association of Edison Illuminating Companies, Inc. (The)

AF&PA American Forest & Paper Association

AGA American Gas Association

AGC Associated General Contractors of America (The)

AGMA American Gear Manufacturer Association

AHA American Hardboard Association (Now part of CPA)

AHAM Association of Home Appliance Manufacturers

AI Asphalt Institute

AIA American Institute of Architects (The)

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AIEE American Institute of Electrical Engineers

AISC American Institute of Steel Construction

AISI American Iron and Steel Institute

AITC American Institute of Timber Construction

ALCA Associated Landscape Contractors of America (Now PLANET - Professional Landcare Network)

ALSc American Lumber Standard Committee, Incorporated

ALI Automotive Lift Institute

AMCA Air Movement and Control Association International, Inc.

ANSI American National Standards Institute

AOSA Association of Official Seed Analysts, Inc.

APA APA - The Engineered Wood Association

APA Architectural Precast Association

API American Petroleum Institute

ARI Air-Conditioning & Refrigeration Institute

ARMA Asphalt Roofing Manufacturers Association

ASA American Standards Association

ASAE American Society of Agricultural Engineers

ASCE/SEI American Society of Civil Engineers, Structural Engineering Institute

ASHRAE American Society of Heating, Refrigerating and Air-Conditioning Engineers

ASME American Society of Mechanical Engineers

ASSE American Society of Sanitary Engineering

ASTM ASTM International (Formerly: American Society for Testing and Materials International)

AWCI AWCI International (Association of the Wall and Ceiling Industry International)

AWCMA American Window Covering Manufacturers Association (Now WCSC)

REFERENCES
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 Division 01 – DDC STANDARD GENERAL CONDITIONS
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AWI Architectural Woodwork Institute

AWPA American Wood-Preservers’ Association

AWSC American Welding Society

AWWA American Water Works Association

BHMA Builders Hardware Manufacturers Association

BIA Brick Industry Association (The)

BICSI BICSI

BIFMA BIFMA International (Business and Institutional Furniture Manufacturer's Association International)

BISSC Baking Industry Sanitation Standards Committee

CIBSE Charted Institute of Building Services Engineers

CCC Carpet Cushion Council

CDA Copper Development Association

CEA Canadian Electricity Association

CFFA Chemical Fabrics & Film Association, Inc.

CGA Compressed Gas Association

CGSB Canadian General Standards Board

CIMA Cellulose Insulation Manufacturers Association

CIPRA Cast Iron Pipe Research Association

CISCA Ceilings & Interior Systems Construction Association

CISPI Cast Iron Soil Pipe Institute

CLFMI Chain Link Fence Manufacturers Institute

CPA Composite Panel Association

CPPA Corrugated Polyethylene Pipe Association

REFERENCES
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 Division 01 – DDC STANDARD GENERAL CONDITIONS
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CPSC Consumer Product Safety Commission

CRI Carpet & Rug Institute (The)

CRSI Concrete Reinforcing Steel Institute

CSA Canadian Standards Association

CSI Cast Stone Institute

CSI Construction Specifications Institute (The)

CSSB Cedar Shake & Shingle Bureau

CTI Cooling Technology Institute (Formerly: Cooling Tower Institute)

DASMA Door and Access Systems Manufacturer’s Association International

DHI Door and Hardware Institute

DOC U.S. Department of Commerce – National Institute of Standards and Technology

EIA Electronic Industries Alliance

DOJ U.S. department of Justice

EIMA EIFS Industry Members Association

DOL U.S. Department of labor

EJCDC Engineers Joint Contract Documents Committee

DOTn U.S. Department of Transportation

EN European Committee of Standards

EJMA Expansion Joint Manufacturers Association, Inc.

ESD ESD Association

EVO Efficiency Valuation Organization

FEMA Federal Emergency Management Agency

REFERENCES
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 Division 01 – DDC STANDARD GENERAL CONDITIONS
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FIBA Federation Internationale de Basketball Amateur (The International Basketball Federation)

FIVB Federation Internationale de Volleyball (The International Volleyball Federation)

FMG FM Global (Formerly: FM - Factory Mutual System)

FMRC Factory Mutual Research (Now FMG)

FRSA Florida Roofing, Sheet Metal & Air Conditioning Contractors Association, Inc.

FSA Fluid Sealing Association

FSC Forest Stewardship Council

GA Gypsum Association

GANA Glass Association of North America

GRI (Now GSI)

GS Green Seal

GSI Geosynthetic Institute

HI Hydraulic Institute

HI Hydronics Institute

HMMA Hollow Metal Manufacturers Association (Part of NAAMM)

HPVA Hardwood Plywood & Veneer Association

HPW H. P. White Laboratory, Inc.

HUD U.S. Department of Housing and Urban Development

IAPMO International Association of Plumbing and Mechanical Officials

IAS International Approval Services (Now CSA International)

IBF International Badminton Federation

ICC International Code Council, Inc.

ICEA Insulated Cable Engineers Association, Inc.

REFERENCES
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ICRI International Concrete Repair Institute, Inc.

IEC International Electrotechnical Commission

IEEE Institute of Electrical and Electronics Engineers, Inc. (The)

IESNA Illuminating Engineering Society of North America

IEST Institute of Environmental Sciences and Technology

IGCC Insulating Glass Certification Council

IGMA Insulating Glass Manufacturers Alliance

ILI Indiana Limestone Institute of America, Inc.

ISO International Organization for Standardization

ISSFA International Solid Surface Fabricators Association

ITS Intertek

ITU International Telecommunication Union

KCMA Kitchen Cabinet Manufacturers Association

LMA Laminating Materials Association (Now part of CPA)

LPI Lightning Protection Institute

MBMA Metal Building Manufacturers Association

MFMA Maple Flooring Manufacturers Association, Inc.

MFMA Metal Framing Manufacturers Association

MH Material Handling (Now MHIA)

MHIA Material Handling Industry of America

MIA Marble Institute of America

MPI Master Painters Institute

MSS Manufacturers Standardization Society of The Valve and Fittings Industry Inc.

REFERENCES
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NAAMM National Association of Architectural Metal Manufacturers

NACE NACE International (National Association of Corrosion Engineers International)

NADCA National Air Duct Cleaners Association

NAGWS National Association for Girls and Women in Sport

NAIMA North American Insulation Manufacturers Association

NBGQA National Building Granite Quarries Association, Inc.

NCAA National Collegiate Athletic Association (The)

NCMA National Concrete Masonry Association

NCPI National Clay Pipe Institute

NCTA National Cable & Telecommunications Association

NEBB National Environmental Balancing Bureau

NECA National Electrical Contractors Association

NeLMA Northeastern Lumber Manufacturers' Association

NEMA National Electrical Manufacturers Association

NETA InterNational Electrical Testing Association

NFHS National Federation of State High School Associations

NFPA NFPA (National Fire Protection Association)

NFRC National Fenestration Rating Council

NGA National Glass Association

NHLA National Hardwood Lumber Association

NLGA National Lumber Grades Authority

NIS National Institute of Standards and Technology

NOFMA NOFMA: The Wood Flooring Manufacturers Association
(Formerly: National Oak Flooring Manufacturers Association)

REFERENCES
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NRCA National Roofing Contractors Association

NRMCA National Ready Mixed Concrete Association

NSF NSF International (National Sanitation Foundation International)

NSSGA National Stone, Sand & Gravel Association

NTMA National Terrazzo & Mosaic Association, Inc. (The)

NTRMA National Tile Roofing Manufacturers Association (Now TRI)

NWWDA National Wood Window and Door Association (Now WDMA)

OPL Omega Point Laboratories, Inc. (Acquired by ITS - Intertek)

PCI Precast / Pre-stressed Concrete Institute

PDCA Painting & Decorating Contractors of America

PDI Plumbing & Drainage Institute

PGI PVC Geomembrane Institute

PLANET Professional Landcare Network (Formerly: ACLA - Associated Landscape Contractors of America)

PPS Power Piping Society

PTI Post-Tensioning Institute

RCSC Research Council on Structural Connections

RFCI Resilient Floor Covering Institute

RIS Redwood Inspection Service

RMI Rack Manufacturers Institute

RTI (Formerly: NTRMA - National Tile Roofing Manufacturers Association) (Now TRI)

SAE SAE International

SCAQMD South Coast Air Quality Management District

SCS Scientific Certification System

REFERENCES
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SDI Steel Deck Institute

SDI Steel Door Institute

SEFA Scientific Equipment and Furniture Association

SGCC Safety Glazing Certification Council

SHBI Steel Heating Boiler Institute

SIA Security Industry Association

SIGMA Sealed Insulating Glass Manufacturers Association (Now IGMA)

SJI Steel Joist Institute

SMA Screen Manufacturers Association

SMACNA Sheet Metal and Air Conditioning Contractors' National Association

SMPTE Society of Motion Picture and Television Engineers

SPFA Spray Polyurethane Foam Alliance

(Formerly: SPI/SPFD - The Society of the Plastics Industry, Inc.; Spray Polyurethane Foam Division)

SPIB Southern Pine Inspection Bureau (The)

SPRI Single Ply Roofing Industry

SSINA Specialty Steel Industry of North America

SSPC SSPC: The Society for Protective Coatings

STI Steel Tank Institute

SWI Steel Window Institute

SWRI Sealant, Waterproofing, & Restoration Institute

TCA Tile Council of America, Inc.

TIA/EIA Telecommunications Industry Association/Electronic Industries Alliance

TMS The Masonry Society

TPI Truss Plate Institute, Inc.

REFERENCES
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 Division 01 – DDC STANDARD GENERAL CONDITIONS
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TPI Turfgrass Producers International

TRI Tile Roofing Institute (Formerly: RTI - Roof Tile Institute)

UL Underwriters Laboratories Inc.

ULC Underwriters Laboratories of Canada

UNI Uni-Bell PVC Pipe Association

USAV USA Volleyball

USC United States Code

USGBC U.S. Green Building Council

USITT United States Institute for Theatre Technology, Inc.

WASTEC Waste Equipment Technology Association

WCLIB West Coast Lumber Inspection Bureau

WCMA Window Covering Manufacturers Association (Now WCSC)

WCSC Window Covering Safety Council

(Formerly: WCMA - Window Covering Manufacturers Association)

WDMA Window & Door Manufacturers Association

(Formerly: NWWDA - National Wood Window and Door Association)

WI Woodwork Institute (Formerly: WIC - Woodwork Institute of California)

WIC Woodwork Institute of California (Now WI)

WMMPA Wood Moulding & Millwork Producers Association

WRI Wire Reinforcement Institute, Inc.

USEPA United States Environmental Protection Agency

WSRCA Western States Roofing Contractors Association

WWPA Western Wood Products Association

REFERENCES
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PART II – PRODUCTS (Not Used)

PART III – EXECUTION (Not Used)

END OF SECTION 01 42 00

REFERENCES
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REFERENCES
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 Division 01 – DDC STANDARD GENERAL CONDITIONS
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SECTION 01 50 00
TEMPORARY FACILITIES, SERVICES AND CONTROLS

PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:
A. This section includes the following:
1. Temporary Water System
2. Temporary Sanitary Facilities
3. Temporary Electric Power, Temporary Lighting System, and Site Security Lighting
4. Temporary Heat
5. Dewatering Facilities and Drains
6. Temporary Field Office for Contractor
7. DDC Field Office
8. Material Sheds
9. Temporary Enclosures
10. Temporary Partitions
11. Temporary Fire Protection
12. Work Fence Enclosure
13. Rodent and Insect Control
14. Plant Pest Control Requirements
15. Project Identification Signage
16. Project Construction Sign and Rendering
17. Security Guards/Fire Guards on Site
18. Safety

1.3 RELATED SECTIONS: include without limitation the following:

A. Section 01 10 00 SUMMARY
B. Section 01 42 00 REFERENCES
C. Section 01 54 11 TEMPORARY ELEVATORS AND HOISTS
D. Section 01 54 23 TEMPORARY SCAFFOLDS AND SWING STAGING
E. Section 01 77 00 CLOSE OUT PROCEDURES

1.4 DEFINITIONS:
A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

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Term Definition

The entity responsible for providing design services for the Project, including
without limitation, preparing the construction documents (drawings and
specifications) and providing services in connection with such documents during
Design Consultant construction. The entity serving as the Design Consultant may be a corporation,
firm, partnership, joint venture, individual or combination thereof. Such entity may
be either an employee(s) of the City or an entity engaged by the City to provide
such services.

As determined by the Commissioner, permanent or temporary roofing that is

complete, insulated, and weather tight; exterior walls which are insulated and
Permanent Enclosure
weather tight; and all openings that are closed with permanent construction or
substantial temporary closures.

1.5 SUBMITTALS:
A. Site Plan: Show temporary facilities, utility hookups, staging areas, and parking areas for construction
personnel.
B. Reports: Submit reports of tests, inspections, meter readings and similar procedures for temporary use.

1.6 PROJECT CONDITIONS:

A. Temporary Use of Permanent Facilities and Services: The Contractor will be responsible for the operation,
maintenance, and protection of each permanent facility and service during its use as a construction facility
before Final Acceptance by the City, regardless of previously assigned responsibilities.
B. The Contractor must install, operate, maintain and protect temporary facilities, services, and controls,
including without limitation:
1. Keep temporary services and facilities clean and neat in appearance;
2. Operate temporary services in a safe and efficient manner;
3. Relocate temporary services and facilities as needed as Work progresses;
4. Do not overload temporary services and facilities or permit them to interfere with progress;
5. Provide necessary fire prevention measures; and
6. Do not allow hazardous, dangerous or unsanitary conditions, or public nuisances to develop or persist
on-Site.

1.7 NON-REGULAR WORK HOURS (OVERTIME):

A. The Contractor must provide the temporary services, facilities and controls set forth in this section during
non-regular working hours if the Contract Drawings and/or the Specifications indicate that the Work, or
specific components thereof, must be performed during non-regular working hours. In such case, all costs
for the provision of temporary services, facilities and controls during non-regular working hours will be
deemed included in the total Contract price.
B. The Contractor must provide the temporary services, facilities and controls set forth in this section during
non-regular working hours if a change order is issued directing the Contractor to perform the Work, or
specific components thereof, during non-regular working hours. In such case, compensation for the
provision of temporary services, facilities and controls during non-regular working hours will be provided

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through the change order.

1.8 SERVICES BEYOND COMPLETION DATE:

A. The Contractor must provide the temporary services, facilities and controls set forth in this section until the
date on which it completes all required Work at the Site, including all Final Approved Punch List Work, as
certified in writing by the Resident Engineer, or earlier if so directed in writing by the Commissioner. The
Contractor must provide such temporary services, facilities and controls even if completion of all required
Work at the Site occurs after the time fixed for such completion in Schedule A.

PART II – PRODUCTS

2.1 MATERIALS:
A. The Contractor must provide undamaged materials in serviceable condition and suitable for use intended.
B. Tarpaulins: Waterproof, fire-resistant UL labeled with flame spread rating of fifteen (15) or less. For
temporary enclosures, provide translucent, nylon-reinforced, laminated polyethylene or polyvinyl chloride,
fire-retardant tarpaulins.
C. Water: Potable and in compliance with requirements of the New York City Department of Environmental
Protection (DEP).

2.2 EQUIPMENT:
A. The Contractor must provide undamaged equipment in serviceable condition and suitable for use intended.
B. Water Hoses: Heavy-duty abrasive-resistant flexible rubber hoses, one hundred (100) feet (thirty (30) m)
long with pressure rating greater than the maximum pressure of the water distribution system. Provide
adjustable shutoff nozzles at hose discharge.
C. Electric Power Cords: Grounded extension cords.
1. Provide hard-service cords where exposed to abrasion or traffic.
2. Provide waterproof connectors to connect separate lengths of electric cords where single lengths do
not reach areas of construction Activity.
3. Do not exceed safe length-voltage ratio.
D. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and
classes of fire exposures.

PART III –EXECUTION:

3.1 INSTALLATION, GENERAL:

A. The Contractor must locate facilities where they will serve the Project adequately and result in minimum
interference with performance of the Work. Relocate and modify facilities as required by progress of the
Work.
B. The Contractor must provide each facility ready for use when needed to avoid delay. The Contractor must
not remove until facilities are no longer needed or are replaced by authorized use of completed permanent
facilities as approved by the Resident Engineer.

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3.2 TEMPORARY WATER SYSTEM:

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.2 A
A. TEMPORARY WATER SYSTEM - NEW FACILITIES: During construction, the Contractor must furnish a
Temporary Water System as set forth below.
1. Immediately after the Commissioner has issued an order to start the Work, the Contractor must file
an application with DEP for the schedule of charges for water use during construction. The
Contractor will be responsible for payment of water charges.
2. Immediately after the Commissioner has issued an order to start the Work, the Contractor must file
an application with DEP’s Bureau of Water Supply and obtain a permit to install the temporary
water supply system. The system must be installed and maintained for the use of the Contractor
and its subcontractors. A copy of the above-mentioned permit must be filed with the
Commissioner. The Contractor must provide temporary water main, risers and waste stacks as
directed and install on each floor, outlets with two (2) 3/4" hose valve connections over a barrel
installed on a steel pan. The Contractor must provide drains from the pans to the stack and house
sewer and hose bibs to drain the water supply risers and mains. During winter months, the
Contractor must take the necessary precautions to prevent the temporary water system from
freezing. The Contractor must provide repairs to the temporary water supply system for the duration
of the Project until said temporary system is dismantled and removed.
3. Disposition of Temporary Water System: The Contractor will be responsible for dismantling the
temporary water system when no longer required for the construction operations, or when replaced
by the permanent water system installed for the Project, or as otherwise directed by the Resident
Engineer. All repair work resulting from the dismantling of the temporary water system will be the
responsibility of the Contractor.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.2 B
B. TEMPORARY WATER SYSTEM – PROJECTS IN EXISTING FACILITIES:
1. When approved by the Commissioner, use of existing water system will be permitted for temporary
water service during construction, as long as the system is cleaned and maintained in a condition
acceptable to the Commissioner. At Substantial Completion, the Contractor must restore the
existing water system to conditions existing before initial use.
2. The Contractor will be responsible for all repairs to the existing water system permitted to be used
for temporary water service during construction. The Contractor will be responsible to maintain the
existing system in a clean condition on a daily basis, acceptable to the Commissioner.
3. The Contractor will be responsible for payment of water charges as directed by the Commissioner.
Billing will be in accordance with the New York City Water Board Water and Wastewater Rate
Schedule.
C. WASH FACILITIES: The Contractor must install wash facilities supplied with potable water at convenient
locations for personnel involved in handling materials that require wash-up for a healthy and sanitary
condition, including without limitation:
1. Dispose of drainage properly;
2. Supply cleaning compounds appropriate for each condition; and
3. Include safety showers, eyewash fountains and similar facilities for the convenience, safety and
sanitation of personnel.
D. DRINKING WATER FACILITIES: The Contractor must provide drinking water fountains or containerized tap-
dispenser bottled-drinking water units, complete with paper cup supplies. Where power is available, provide

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electric water coolers to maintain dispensed water temperature at forty-five (45) to fifty-five (55) deg. F (7
to 13 deg. C).

3.3 TEMPORARY SANITARY FACILITIES:

A. The Contractor must provide toilets, wash facilities, and drinking water fixtures in compliance with
regulations and health codes for type, number, location, operation and maintenance of fixtures and facilities.
Provide toilet tissue, paper towels, paper cups and similar disposable materials as appropriate for each
facility, and provide covered waste containers for used materials.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.3 B
B. SELF-CONTAINED TOILET UNITS:
1. The Contractor must provide temporary single-occupant toilet units of the chemical, aerated re-
circulation, or combustion type for use by all construction personnel. Units must be properly vented
and fully enclosed with a glass-fiber-reinforced polyester shell or similar nonabsorbent material.
Quantity of toilet units must comply with the latest Occupational Safety and Health Administration
(OSHA) regulations.
2. Toilets: The Contractor must install separate, self-contained toilet units for male and female
personnel. Shield toilets to ensure privacy.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.3 C
C. EXISTING TOILETS:
1. TOILET FACILITIES: When approved by the Commissioner, the Contractor must arrange for the use
of existing toilet facilities by all personnel during the execution of the Work. The Contractor will be
responsible to clean and maintain facilities in a condition acceptable to the Resident Engineer and,
at Substantial Completion , to restore facilities to the condition at the time of initial use.
2. MAINTENANCE - The Contractor must maintain the temporary toilet facilities in a clean and sanitary
manner and make all necessary repairs.
3. NUISANCES - The Contractor must not cause any sanitary nuisance to be committed by its
employees or the employees of its subcontractors in or about the Work and must enforce all sanitary
regulations of the City and State Health Authorities.

3.4 TEMPORARY ELECTRIC POWER, TEMPORARY LIGHTING SYSTEM, AND SITE SECURITY LIGHTING:
A. SCOPE: This section sets forth the General Conditions and procedures relating to Temporary Electric
Power, Temporary Lighting System, and Site Security Lighting during the construction period.
B. TEMPORARY ELECTRIC POWER: The Contractor must provide and maintain a temporary electric power
service and distribution system of sufficient size, capacity and power characteristics required for
construction operations for all required Work by the Contractor and its subcontractors, including but not
limited to, power for the temporary lighting system, site security lighting, construction equipment, hoists,
temporary elevators and all field offices. temporary electric power must be provided as follows:
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.4 B (1)
1. CONNECTION TO UTILITY LINES:
a. Temporary electric power service for use during construction must be provided as follows: The
Contractor must make all necessary arrangements with the public utility company and pay all
charges for the Temporary Electric Power system. The Contractor must include in its total
Contract price any charges for temporary electric power, including charges that may be made

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by the public utility company for extending its electrical facilities, and for making final
connections. The Contractor will make payment directly to the public utility company.
b. APPLICATIONS FOR METER: The Contractor must complete an application to the public utility
company and sign all documents necessary for, and pay all charges incidental to, the
installation of a watt hour meter or meters for Temporary Electric Power. The Contractor must
pay to the public utility company all bills for temporary electric energy used throughout the
Work as they become due.
c. SERVICE AND METERING EQUIPMENT: The Contractor must furnish and install, at a
suitable location on the Site, approved service and metering equipment for the Temporary
Electric Power System, ready for the installation of the public utility company's metering
devices. The temporary service mains to and from the metering location must not be less than
one hundred (100) Amperes, 3-phase, 4-wire and must be of sufficient capacity to take care of
all demands for all construction operations and must meet all requirements of the New York
City Electrical Code.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.4 B (2)
2. CONNECTION TO EXISTING ELECTRICAL POWER SERVICE:
a. When approved by the Commissioner, electrical power service for the temporary lighting
system and for the operation of small tools and equipment less than ¼ horsepower may be
taken from the existing electric distribution system if the existing system is of adequate capacity
for the temporary power load. The Contractor must cooperate and coordinate with the facility
custodian, so as not to interfere with the normal operation of the facility.
b. There will be no charge to the Contractor for the electrical energy consumed.
c. The Contractor must provide, maintain and pay all costs for separate temporary electric power
for any temporary power for equipment larger than 1/4 horsepower. When directed by the
Commissioner, the Contractor must remove its own temporary power system.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.4 B (3)
3. ELECTRICAL GENERATOR POWER SERVICE:
a. When connection to utility lines or existing facility electric service is not available or is not
adequate to supply the electric power need for construction operations, the Contractor must
provide self-contained generators to provide power beyond that available.
b. Pay for all energy consumed in the progress of the Work, exclusive of that available from the
existing facility or utility company.
c. Provide for control of noise from the generators.
d. Comply with the Ultra Low Sulfur Fuel in Non-Road Vehicles requirements as set forth in Article
5.4 of the Contract.
C. USE OF COMPLETED PORTIONS OF THE ELECTRICAL WORK:
1. USE OF MAIN DISTRIBUTION PANEL: As soon as the permanent electric service feeders and
equipment metering equipment and main distribution panel are installed and ready for operation, the
Contractor must have the temporary lighting and power system changed over from the temporary
service points to the main distribution panel.
2. COST OF CHANGE OVER: The Contractor will be responsible for all costs due to this change over
of service and it must also make application to the public utility company for a watt hour meter to be
set on the permanent meter equipment.

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3. The requirements for temporary electric power service specified herein must be adhered to after
change over of service until Final Acceptance of the Project.
4. NO EXTRA COST: The operation of the service and switchboard equipment will be under the
supervision of the Contractor, but this will in no way be interpreted to mean the acceptance of such
part of the installation or relieve the Contractor from its responsibility for the complete Work or any
part thereof. There will be no additional charge for supervision by the Contractor.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.4 D
D. TEMPORARY LIGHTING SYSTEM:
1. The Contractor must provide adequate service for the temporary lighting system, or a minimum of
one hundred (100) Amperes, 3-phase, 4-wire service for the temporary lighting system, whichever is
greater, and make all necessary arrangements with the public utility company and pay all charges by
them for the Temporary Lighting System.
2. The Contractor must furnish and connect to the metered service point a Temporary Lighting System
to illuminate the entire area where Work is being performed and points adjacent to the Work, with
separately fused circuits for stairways and bridges. Control switches for stairway circuits must be
located near entrance on ground floor.
3. ITEMS: The Temporary Lighting System provided by the Contractor must consist of wiring, fixtures,
left-hand double sockets (one (1) double socket for every 400 square feet, with one (1) lamp and one
(1) three-prong outlet), lamps, fuses, locked-type guards, pigtails and any other incidental material.
Additional details may be outlined in the detailed Specifications for the electrical Work. Changes may
be made, provided the full equivalent of those requirements is maintained.
4. The Temporary Lighting System will be progressively installed as required for the advancement of
the Work under the Contract.
5. RELOCATION: The cost for the relocation or extension of the original Temporary Lighting System,
as required by the Contractor or its subcontractors, that is not required due to the normal
advancement of the Work, as determined by the Resident Engineer, will be borne by the Contractor.
6. PIGTAILS: The Contractor must furnish pigtails with left-hand sockets with locked-type guards and
forty (40) feet of rubber covered cable. The Contractor must furnish and distribute a minimum of
three (3) complete pigtails to each subcontractor. See the detailed Electrical Specifications for
possible additional pigtails required.
7. LAMPS: The Contractor must furnish and install one (1) complete set of lamps, including those for
the trailers. Broken and burned out lamps in the temporary lighting system, DDC field office, and
construction trailers must be replaced by the Contractor. All lamps must be compact fluorescent.
8. CIRCUIT PROTECTION: The Contractor must furnish and install Ground Fault Interruption (GFI)
protection for the temporary lighting and site security lighting systems.
9. MAINTENANCE OF TEMPORARY LIGHTING SYSTEM:
a. The Contractor must maintain the Temporary Lighting System in good working order during the
scheduled hours established.
b. The Contractor must include in its total Contract price all costs in connection with the
Temporary Lighting System, including all costs for installation, maintenance and electric power.
10. REMOVAL OF TEMPORARY LIGHTING SYSTEM: The temporary lighting system must be removed
by the Contractor when authorized by the Commissioner.

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11. HAND TOOLS: The temporary lighting system must not be used for power purposes, except that light
hand tools not larger than 1/4 horsepower may be operated from such system by the Contractor and
its subcontractors.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.4 E
E. SITE SECURITY LIGHTING (NEW CONSTRUCTION ONLY):
1. The Contractor must furnish, install and maintain a system of site security lighting, as herein specified,
to illuminate the construction Site of the Project, with the system connected to and energized from
the Temporary Lighting System. All costs in connection with site security lighting will be deemed
included in the total Contract price.
2. It is essential that the site security lighting system be completely installed and operating at the earliest
possible date. The Contractor must direct its subcontractors to cooperate, coordinate and exert every
effort to accomplish an early complete installation of the site security lighting system. If, after the
system is installed and in operation, a part of the system interferes with the Work of any trade, the
Contractor will be completely responsible for the expense of removing, relocating, and replacing all
equipment necessary to reinstate the system to proper operating conditions.
3. The system must consist of flood lighting by pole-mounted guarded sealed-beam units. Floodlight
units must be mounted sixteen (16) feet above grade. Floodlights must be spaced around the
perimeter of the Site to produce an illumination level of no less than one (1) foot candle around the
perimeter of the Site, as well as in any potentially hazardous area or any other area within the Site
that might be deemed by the Resident Engineer to require security illumination. The system must be
installed in a manner acceptable to the Resident Engineer. The first lighting unit in each circuit must
be provided with a photoelectric cell for automatic control. The photoelectric cell must be installed
as per manufacturer's recommendations.
4. All necessary poles must be furnished and installed by the Contractor.
5. The site security lighting must be kept illuminated at all times during the hours of darkness. The
Contractor must, at its own expense, keep the system in operation and must furnish and install all
material necessary to replace all damaged or burned out parts.
6. The Contractor must be on telephone call alert for maintaining the system during the operating period
stated above.
7. All materials and equipment furnished under this section will remain the property of the Contractor
and must be removed and disposed of by the Contractor when authorized in writing by the Resident
Engineer.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.5

3.5 TEMPORARY HEAT:

A. GENERAL:
1. Definition: The provision of Temporary Heat means the provision of heat in order to permit
construction to be performed in accordance with the Progress Schedule during all seasons of the
year and to protect the Work from the harmful effects of low temperature. In the event the building,
or any portion thereof, is occupied during construction, the provision of Temporary Heat will include
the provision of heat to permit normal operations in such occupied areas.
a. The provision of Temporary Heat must be in accordance with the temperature requirements
set forth in sub-section 3.5 C herein.
b. The provision of Temporary Heat must include the provision of: 1) all fuel necessary and
required, 2) all equipment necessary and required, and 3) all operating labor necessary and

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required. Operating labor must mean that minimum force required for the safe day-to-day
operation of the system for the provision of Temporary Heat and must include, without
limitation, heating maintenance labor and/or fire watch as required by New York City Fire
Department (FDNY) regulations. Operating labor may be required seven (7) days per week
and during non-regular working hours, for the period of time required by seasonal weather
conditions.
c. In the event the building, or any portion thereof, is occupied and the Project involves the
replacement, modification, and/or shut down of the permanent heating system, or any key
component thereof, and such system is a combined system which furnishes domestic hot water
for the building occupants, the provision of Temporary Heat must include the provision of
domestic hot water at the same temperature as the system which is being replaced. Domestic
hot water must be provided in accordance with the phasing requirements set forth in the
Contract Documents.
2. Responsibility: The Contractor’s responsibility for the provision of Temporary Heat, including all
expenses in connection therewith, is as set forth below:
a. Projects Involving enclosure of the building:
1) Prior to Enclosure: Until the Commissioner determines that the building has been
enclosed, as set forth in sub-section 3.5 B, the Contractor is responsible for the provision
of Temporary Heat.
2) Post Enclosure: Once the Commissioner determines that the building, or any portion
thereof, has been enclosed, as set forth in sub-section 3.5 B, the Contractor is
responsible for the provision of Temporary Heat by one or more of the following means:
1) by an existing heating system (if any), 2) by a permanent heating system which is
being installed as part of the Project, or 3) by a temporary heating system(s).
3) The Contractor must, within two (2) weeks of the kick-off meeting, submit to DDC for
review its proposed plan to provide Temporary Heat. Such plan is subject to approval
by the Resident Engineer. The Contractor must provide Temporary Heat in accordance
with the approved plan until written acceptance by the Commissioner of the Work of all
Contractors, including punch list Work, unless directed otherwise in writing by the
Commissioner. The responsibility of the Contractor provided for herein is subject to the
exception set forth in sub-section 3.5 A.2 (b) herein.
b. Projects not involving enclosure of the building:
1) If the Project involves the installation of a new permanent heating system if one did not
exist previously, or the replacement, modification, and/or shut down of the existing
permanent heating system, or any key component thereof, the Contractor will be
responsible for the provision of Temporary Heat, except as otherwise provided in sub-
section 3.5 H.3(b).2 herein.
2) If the Project does not involve the installation of a new permanent heating system if one
did not exist previously, or the replacement, modification, and/or shut down of the
existing permanent heating system, or any key component thereof, there is no Contractor
responsibility of the provision of Temporary Heat, unless otherwise specified in the
Contract Documents. However, if the Commissioner, pursuant to sub-section 3.5 H.3
(b).1 herein, determines that the provision of Temporary Heat is necessary due to special
and/or unforeseen circumstances, the Contractor will be responsible for the provision of
Temporary Heat and must be paid for the same in accordance with sub-section 3.5 H.3
(b).1 herein.

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B. ENCLOSURE OF STRUCTURES:
1. Notification: The Contractor must notify all its subcontractors and the Resident Engineer at least thirty
(30) Days prior to the anticipated date that the building(s) will be enclosed.
2. Commissioner Determination: The Commissioner will determine whether the building, or any portion
thereof, has been enclosed. As indicated in sub-section 3.5 A.2 above, once the building has been
enclosed, the Contractor will be responsible for the provision of Temporary Heat. The
Commissioner’s determination with respect to building enclosure will be based upon all relevant facts
and circumstances, including without limitation, 1) whether the building meets the criteria set forth in
Paragraph 3 below, and 2) whether the openings in the building, such as doorways and windows,
have been sufficiently covered so as to provide reasonable heat retention and protection from the
elements.
3. Criteria for enclosure:
a. Roof Area:
1) A building will be considered to be roofed when the area to be roofed is covered by a
permanent structure and all openings through the permanent structure are covered and
protected by temporary covers as described in Paragraph (c) below.
2) Intermediate floor structures of multi-floor buildings will be considered to be roofed
subject to the same requirements of the building roof.
3) The final roofing system need not be in place for the building or structure to be
determined to be enclosed, provided, however, all openings through the permanent
structure covering the roof must be covered and protected by temporary covers, as
described in Paragraph (c) below.
b. Walls: For the walls to be determined to be enclosed, permanent exterior wall elements or
facing material must be in place and all openings must be covered and protected by temporary
covers, as described in Paragraph (c) below.
c. Temporary Covers: In order to be acceptable, temporary covers must be securely fixed to
prevent the entrance of rain, snow and direct wind. The minimum material requirements for
temporary covers are as follows: 1) minimum ten (10) millimeter plastic, 2) minimum twelve
(12) ounce waterproof canvas tarpaulins, or 3) a minimum three-eighths (3/8) inch thickness
exterior grade plywood.
d. Temporary covers for openings will be the responsibility of the Contractor and such Work will
be deemed included in the Contract price.
C. TEMPERATURE REQUIREMENTS:
1. Unoccupied Buildings: The temperature requirement for the provision of Temporary Heat in
unoccupied buildings will be the GREATER of the following: 1) fifty (50) degrees Fahrenheit, or 2)
the temperature requirement for the particular type of Work set forth in the Contract Documents.
2. Occupied Buildings: The temperature requirement for the provision of Temporary Heat in occupied
buildings, or portions thereof, will be the GREATER of the following: 1) sixty-eight (68) degrees
Fahrenheit, or 2) the temperature requirement for the particular type of Work set forth in the Contract
Documents.
D. DURATION:
1. The Contractor must be required to provide Temporary Heat until Final Acceptance, including all
punch list work, as certified in writing by the Resident Engineer, or earlier if so directed in writing by
the Commissioner. The Contractor must be responsible for the provision of Temporary Heat for the
time specified herein, regardless of any delays in completion of the Project, including delays that

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result in the commencement of the provision of Temporary Heat during a season that is later than
that which may have been originally anticipated. The Contractor must include in its total Contract
price all expenses in connection with the provision of Temporary Heat in accordance with the
requirements specified herein.
2. The total Contract duration is set forth in Schedule A of the Addendum. The table set forth below
indicates the number of full heating seasons that are deemed included in various Contract durations,
which are specified in CCDs. At a minimum, a full heating season must extend from October 15th to
April 15th.
Contract Duration Full Heating Seasons Required
up to 360 CCD 1 full heating season
360 to 720 CCD 2 full heating seasons
more than 720 CCD 3 full heating seasons
E. METHOD OF TEMPORARY HEAT:
1. The method of temporary heat must be in conformance with the New York City Fire Code and with
all applicable laws, rules, and regulations. Prior to implementation, such method must be subject to
the written approval of the Commissioner.
2. The method of temporary heat must:
a. Not cause the deposition of dirt or smudges upon any finished Work or cause any defacement
or discoloration to the finished Work.
b. Not be injurious or harmful to people or materials.
c. Portable fueled heating devises or equipment will NOT be allowed for use as temporary heat
other than construction-related curing or drying in conformance with the NYC Fire Code.
3. No open fires will be permitted.
F. TEMPORARY HEATING SYSTEM:
1. The temporary system for the provision of Temporary Heat provided by the Contractor following
enclosure of the building must be complete, including, subject to provisions of paragraph E above,
boilers pumps, radiators, space heaters, water and heating piping, insulation and controls. The
temporary system for the provision of Temporary Heat must be capable of maintaining the minimum
temperature requirements set forth in Paragraph C above.
G. COORDINATION:
1. The Contractor, in the provision of Temporary Heat, must coordinate its operations in order to insure
sufficient and timely performance of all required Work, including Work performed by trade
subcontractors. The Contractor must supply and pay for all water required and used in the building
for the operation of the heating system(s) for the purpose of Temporary Heat. The Contractor must
include all expenses in connection with the supply of water for Temporary Heat in its total Contract
price. During the period in which Temporary Heat in an enclosed building is being furnished and
maintained, the Contractor must provide proper ventilating and drying, open and close the windows
and other openings when necessary for the proper execution of the Work and when directed by DDC.
The Contractor must maintain all permanent or temporary enclosures at its own expense.
H. USE OF PERMANENT HEATING SYSTEMS:
1. Use of Permanent Heating System for Temporary Heat after Building Enclosure:

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a. The Contractor must provide all labor and materials to promptly furnish and set all required
equipment, convectors and/or radiators, piping, valves, fitting, etc., in ample time for their use for
the provision of Temporary Heat after enclosure of the building.
b. New portions of the permanent heating system that are used for furnishing Temporary Heat must
be left in near-perfect condition when delivered to the City for operation. Any repairs required,
other than for ordinary wear and tear on the equipment, must be made by the Contractor at
his/her expense. The starting date for the warranty or guarantee period for such equipment must
be the date of Substantial Completion acceptance.
c. In the event that the Contractor does not advance the installation of the permanent heating
system in sufficient time to permit its use for Temporary Heat as determined by DDC, the
Contractor must furnish and install a separate system for the provision of Temporary Heat as
required to maintain the minimum temperature requirements set forth in Paragraph C above.
2. All equipment for the system for the provision of Temporary Heat must be placed so as to comply
with the requirements specified hereinbefore, and must be connected, disconnected and suitably
supported and located so as to permit construction Work, including finish Work such as wall plastering
and painting, to proceed. The installation of the system for the provision of Temporary Heat by the
Contractor, including the placing of ancillary system equipment, must be coordinated with the
operations of all trade subcontractors so as to insure sufficient and timely performance of the Work.
Once the permanent heating system is operating properly, the Contractor must remove all portions
of the system for Temporary Heat not part of the permanent heating system.
3. Temporary Heat Allowance for Special Conditions or and/or Unforeseen Circumstances:
a. The City may establish an Allowance in the Contract for payment of costs and expenses in
connection with the provision of Temporary Heat as set forth herein. If established, the City
will include an amount for such Allowance on the Bid Form, and the Contractor must include
such Allowance amount in its total Contract price. The Contractor will only be entitled to
payment from this Allowance under the conditions and in accordance with the requirements
set forth below. In the event this Allowance or any portion thereof remains unexpended at the
conclusion of the Contract, such Allowance must remain the sole property of the City. Should
the amount of the Allowance be insufficient to provide payment for the expenses specified
below, the City will increase the amount of the Allowance.
b. The Allowance set forth herein may be utilized only under the conditions set forth below.
1. In the event the Project does not involve the installation of a new permanent heating
system if one did not exist previously, or the replacement, modification, and/or shut down
of the existing permanent heating system, or any key component thereof, and the
Commissioner determines that the provision of Temporary Heat is necessary due to
special and/or unforeseen circumstances, the Contractor must be responsible for the
provision of Temporary Heat, as directed by the Commissioner. The City must pay such
Contractor for all costs for labor, material, and equipment necessary and required for the
same. Payment must be made in accordance with Article 26 of the Contract, except that
the cost of fuel must be as set forth in Paragraph (c) below.
2. In the event the Commissioner determines that there is a need for maintenance of the
permanent heating system by the Contractor after Final Acceptance by the
Commissioner of the Work, and that the need for such maintenance is not the fault of the
Contractor, the Contractor must provide the required maintenance of the permanent
heating system for the period of time directed by the Commissioner. The City will pay
the Contractor for the cost of direct labor and fuel necessary and required in connection
with such maintenance, excluding the cost of any foremen or other supervision. Payment
must be made in accordance with Article 26 of the Contract, except that the cost of fuel
must be as set forth in Paragraph (c) below.

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c. Payment for Fuel Costs: Payment from the Allowance set forth herein for the cost of fuel
necessary and required to operate the system for the provision of Temporary Heat, or to
maintain the permanent heating system under the conditions set forth in Paragraph b above,
must be limited to the direct cost of such fuel. The Contractor will not be entitled to any
overhead and/or profit for such fuel costs. In order to receive payment for such fuel costs, the
Contractor must present original invoices for the same. DDC reserves the right to furnish the
required fuel.
I. RELATED ELECTRICAL WORK:
1. The Contractor must be responsible for providing the items set forth below and must include all
expenses in connection with such items in its total Contract price. The Contractor must provide such
items promptly when required and must in all respects coordinate its Work with the Work performed
by trade subcontractors in order to facilitate the provision of Temporary Heat.
a. The Contractor must provide all labor, materials, equipment and power necessary and required
to furnish and maintain any temporary or permanent electrical connections to all equipment
specified to be connected as part of the work of the Contractor’s Contract.
b. The Contractor must supply and pay for all power necessary and required for the operation of
the system for the provision of Temporary Heat and/or the permanent heating system used for
Temporary Heat. Such power must be provided by the Contractor for the duration the
Contractor is required to provide Temporary Heat, as set forth in sub-section 3.5 D herein.
2. In providing the items set forth in Paragraph 1 above, the Contractor is advised that labor may be
required seven (7) days a week and/or during non-regular working hours for the period of time
required by seasonal weather conditions.
J. RELATED PLUMBING WORK:
1. The Contractor must be responsible for providing all labor, materials, and equipment necessary and
required to furnish and maintain all temporary or permanent connections to all equipment or plumbing
outlets specified to be provided as part of the Work of this Contract. The Contractor must include all
expenses in connection with such items of Work in its total Contract price. The Contractor must
provide such items of Work promptly when required and must in all respects coordinate its Work with
the Work performed by trade subcontractors in order to facilitate the provision of Temporary Heat.
2. In the event portions of the permanent plumbing equipment furnished by the Contractor as part of the
Work of this Contract are used for the provision of Temporary Heat either during construction or prior
to acceptance by the City of the complete plumbing system, the Contractor will be responsible to
provide such plumbing equipment to the City in near-perfect condition and must make any repairs
required, other than for ordinary wear and tear on the equipment, at the Contractor’s expense. The
starting date for warranty and/or guarantee period for such plumbing equipment must be the date of
Substantial Completion by the City.
3. For Projects requiring the installation of new and/or modified gas service, as well as associated meter
installations, the Contractor must promptly perform all required filings and coordination with the utility
companies in order to expedite the installation, testing, and approval of the gas service and
associated meter(s).

3.6 STORM WATER CONTROL, DEWATERING FACILITIES AND DRAINS:

A. PUMPING:
1. Comply with requirements of authorities having jurisdiction. Maintain Project Site, excavations, and
construction free of water. Provide barriers in and around excavations and subgrade construction to
prevent flooding by runoff of storm water from heavy rainfall.

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2. Contractor must furnish and install all necessary automatically operated pumps of adequate capacity
with all required piping to run-off agencies, so as to maintain the excavation, cellar floor, pits and
exterior depressions and excavations free from accumulated water during the entire period of
construction and up to the date of Final Acceptance of Work of the Contract.
3. All pumps must be maintained at all times in proper working order.
4. Dispose of rainwater in a lawful manner that will not result in flooding the Project or adjoining
properties nor endanger permanent Work or temporary facilities.
5. Remove snow and ice as required to minimize accumulations.

3.7 TEMPORARY FIELD OFFICE FOR CONTRACTOR:

A. The Contractor must establish a temporary field office for its own use at the Site during the period of
construction, at which readily available copies of all Contract Documents must be kept.
B. The field office must be located where it will not interfere with the progress of any part of the Work or with
visibility of traffic control devices.
C. CONTRACTOR'S REPRESENTATIVE: There must be a responsible and competent representative of the
Contractor in charge of the office who is duly authorized to receive orders and directions and to put them
into effect.
D. Arrangements must be made by the Contractor whereby its representative may be readily available by
telephone.
E. All temporary structures must be of substantial construction and neat appearance, and must be painted a
uniform gray unless otherwise directed by the Commissioner.
F. CONTRACTOR'S SIGN: The Contractor must post and keep posted on the outside of its field office, office,
exterior fence, or wall at Site of Work, a legible sign giving the full name of the company, address of the
company and telephone number(s) of responsible representative(s) of the firm who can be reached in the
event of an emergency at any time.
G. ADVERTISING PRIVILEGES: The City reserves the right to all advertising privileges. The Contractor must
not cause any signs of any kind to be displayed at the Site unless specifically required herein or authorized
by the Commissioner.

3.8 DDC FIELD OFFICE:

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.8 A
A. OFFICE SPACE IN EXISTING BUILDING:
1. The Resident Engineer will arrange for office space for sole use in the building where Work is in
progress. The Contractor must provide and install a lockset for the door to secure the equipment in
the room. The Contractor must provide two (2) keys to the Resident Engineer. After completion of
the Project the Contractor must replace the original lockset on the door and ensure its proper
operation.
2. In addition to equipment specified in sub-section 3.8 D, the Contractor must provide, for exclusive
use of the DDC Field Office, the following:
a. Two (2) single pedestal desks, 42” x 32”; two (2) swivel chairs with arms and three (3) side
chairs without arms to match desk. Two metal (2) lockers, single units, 15” x 18” x 78” overall
including 6” legs. Lockers to have flat key locks with two (2) keys each, General Steel products
or approved equal. Two (2) full ball bearing suspension four (4) drawer vertical legal filing
cabinets with locks, approximately 52”H x 28 ½”D x 18”W.

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b. One (1) 9000 B.T.U air conditioner or as directed by Commissioner. Wiring for the air
conditioner must be minimum No. 12 AWG fed from individual circuits in the fuse box.
c. One (1) folding conference table, 96” x 30” and ten (10) folding chairs.
d. Two (2) metal wastebaskets.
e. One (1) fire extinguisher, one (1) quart vaporizing liquid type, brass, wall mounted by Pyrene
No. C21 or approved equal.
f. One (1) Crystal Springs water cooler with bottled water, Model No. LP14058 or approved equal
to be furnished for the duration of the Project as required.
3. The Contractor must provide one (1) telephone, where directed and must pay all costs for telephone
service for calls within the New York City limits for the duration of the Project.
4. All furniture and equipment, except computer equipment specified in sub-section 3.8 D.3, must
remain the property of the Contractor.
5. Computer workstation quantities must be provided as specified in sub-section 3.8 B 3-a for DDC
Managed Projects, or sub-section 3.8 B 3-b for CM Managed Projects.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.8 B
B. DDC FIELD OFFICE TRAILER:
1. GENERAL: The Contractor must, for the time frame specified herein, provide and maintain at its
own cost and expense a DDC Construction Field Office and all related items as specified herein
[hereinafter collectively referred to as the “DDC Field Office”] for the exclusive use of the Resident
Engineer. The DDC Field Office must be located at the Project Site and must be solely dedicated to
the Project. Provision of the DDC Field Office must commence within thirty (30) Days from Notice
to Proceed (NTP) and must continue through forty-five (45) Days after Substantial Completion of the
required construction at the Project Site. The Contractor must remove the DDC Field Office forty-
five (45) Days after Substantial Completion of the required construction, or as otherwise directed in
writing by the Commissioner.
2. TRAILER: The Contractor must provide at its own cost and expense a mobile office trailer for use as
the DDC Field Office. The Contractor must install and connect all utility services to the trailer within
thirty (30) Days from NTP. The trailer must have equipment in compliance with the minimum
requirements hereinafter specified. Any permits and fees required for the installation and use of said
trailer must be borne by the Contractor. The trailer including furniture and equipment therein, except
computer equipment specified in sub-section 3.8D.3 herein, must remain the property of the
Contractor.
3. Trailer must be an office-type trailer of the size specified herein, with exterior stairs at entrance.
Trailer construction must be minimum 2 x 4 wall construction fully insulated with paneled interior
walls, pre-finished gypsum board ceilings and vinyl tile floors.

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REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.8.B.3a or

SUB-SECTION 3.8.B.3b.
a. DDC Managed Project Trailer: DDC Field Office Trailer Size, Layout and Computer
Workstation:
1) Overall length: 32 Feet
Overall width: 10 Feet
2) Interior Layout:
Provide one (1) general office/conference room area and one (1) private
office at one end of the trailer. Provide equipment and amenities as specified
in sub-section 3.8.B herein.
3) Computer Workstation: Provide one (1) complete computer workstation, as specified
in sub-section 3.8.D herein, in the private office area as directed by the Resident
Engineer.
b. CM Managed Project Trailer: DDC Field Office Trailer Size, Layout and Computer
Workstation:
1) Overall length: 50 Feet
Overall width: 10 Feet
2) Interior Layout:
Provide one (1) large general office/conference room in the center of the
trailer and two (2) private offices, one (1) each at either end of the trailer.
Provide equipment and amenities as specified in sub-section 3.8.B herein.
3) Computer Workstation:
Provide three (3) complete computer workstations as specified in sub-section
3.8.D herein. Provide one (1) each complete computer workstation in each
private office and one (1) complete computer workstation at the secretarial
position as directed by the Resident Engineer.
4. The exterior of the trailer must be lettered with black block lettering of the following heights with white
borders:
CITY OF NEW YORK 2-1/2"
DEPARTMENT OF DESIGN AND CONSTRUCTION 3-3/4"
DIVISION OF PUBLIC BUILDINGS 3-1/2"
DDC FIELD OFFICE 2-1/2"
NOTE: In lieu of painting letters on the trailer, the Contractor may substitute a sign constructed of a
good quality weatherproof material with the same type and size of lettering above.
5. All windows and doors must have aluminum insect screens. Provide wire mesh protective guards at
all windows.
6. The interior must be divided by partitions into general and private office areas as specified herein.
Provide a washroom located adjacent to the private office and a built-in wardrobe closet opposite the
washroom. Provide a built-in desk in the private office(s) with fixed overhead shelf and clearance
below for two (2) file cabinets.
7. Provide a built-in drafting or reference table, located in the general office/conference room, at least
sixty (60) inches long by thirty-six (36) inches wide with cabinet below and wall type plan rack at least
forty-two (42) inches wide.
8. The washroom must be equipped with a flush toilet, wash basin with two (2) faucets, medicine
cabinet, complete with supplies and a toilet roll tissue holder. Plumbing and fixtures must be

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approved house type, with each appliance trapped and vented and a single discharge connection.
Five (5) gallon capacity automatic electric heater for domestic hot water must be furnished.
9. HVAC: The trailer must be equipped with central heating and cooling adequate to maintain a
temperature of seventy-two (72) degrees during the heating season and seventy-five (75) degrees
during the cooling season when the outside temperature is five (5) degrees F. winter and eighty-nine
(89) degrees F. summer.
10. Lighting must be provided via ceiling mounted fluorescent lighting fixtures to a minimum level of fifty
(50) foot candles in the open and private office(s) along with sufficient lighting in the washroom.
Broken and burned out lamps must be replaced by the Contractor. A minimum of four (4) duplex
convenience outlets must be provided in the open office and two (2) each in the private office(s).
These outlets must be in addition to special outlet requirements for computer stations, copiers, HVAC
unit, etc.
11. Electrical service switch and panel must be adequately sized for the entire trailer load. Provide
dedicated circuits for HVAC units, hot water heater, copiers and other equipment as required. All
wiring and installation must conform to the New York City Electrical Code.
12. The following movable equipment must be furnished:
a. Two (2) single pedestal desks, 42" x 32"; two (2) swivel chairs with arms and three (3) side
chairs without arms to match desk. Two (2) full ball bearing suspension four (4) drawer
vertical legal filing cabinets with locks and two (2) full ball bearing two (2) drawer vertical legal
filing cabinets in each private office located below built-in desk.
b. One (1) folding conference table, 96” x 30” and ten (10) folding chairs.
c. Three (3) metal wastebaskets.
d. One (1) fire extinguisher one (1) quart vaporizing liquid type, brass, wall mounted by Pyrene
No. C21 or approved equal.
e. One (1) Crystal Springs water cooler with bottled water, Model No. LP14058 or approved equal
to be furnished for the duration of the Contract as required.
13. TRAILER TEMPORARY SERVICE: Plumbing and electrical Work required for the trailer will be
furnished and maintained as below.
a. PLUMBING WORK: The Contractor must provide temporary water and drainage service
connections to the DDC Field Office trailer for a complete installation. Provide all necessary
soil, waste, vent and drainage piping.
Contractor to frost-proof all water pipes to prevent freezing.
1) REPAIRS, MAINTENANCE: The Contractor must provide repairs for the duration of the
Project until the trailer is removed from the Site.
2) DISPOSITION OF PLUMBING WORK: At the expiration of the time limit set forth in sub-
section 3.8 B 1 herein, the temporary water and drainage connections and piping to the
DDC Field Office trailer must be removed by the Contractor and must be plugged at the
mains. All piping must become the property of the Contractor for plumbing Work and
must be removed from the Site, all as directed. All repair Work due to these removals
must be the responsibility of the Contractor.
b. ELECTRICAL WORK:
1) The Contractor must furnish, install and maintain a temporary electric feeder to the
DDC Field Office trailer immediately after it is placed at the job Site.
2) The temporary electrical feeder and service switch/fuse must be adequately sized

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based on the trailer load and installed per the New York City Electrical Code and
complying with utility requirements.
3) Make all arrangements and pay all costs to provide electric service.
4) The Contractor must pay all costs for current consumed and for maintenance of the
system in operating condition, including the furnishing of the necessary bulb
replacements lamps, etc., for the duration of the Project and for a period of forty-five
(45) Days after the date of Substantial Completion.
5) Disposition of Electric Work: At the expiration of the time limit set forth, the temporary
feeder, safety switch, etc., must be removed and disposed of as directed.
6) All repair Work due to these removals must be the responsibility of the Contractor.
c. MAINTENANCE
1) The Contractor must provide and pay all costs for regular weekly janitor service and
furnish toilet paper, sanitary seat covers, cloth towels and soap and maintain the DDC
Field Office in first-class condition, including all repairs, until the trailer is removed from
the Site.
2) Supplies: The Contractor must be responsible for providing (1) all office supplies,
including without limitation, pens, pencils, stationery, filtered drinking water and sanitary
supplies, and (2) all supplies in connection with required computers and printers,
including without limitation, an adequate supply of blank CD’s/DVD’s, storage boxes for
blank CDs/DVDs, and paper and toner cartridges for the printer.
3) Risk of Loss: The entire risk of loss with respect to the DDC Field Office and
equipment must remain solely and completely with the Contractor. The Contractor must
be responsible for the cost of any insurance coverage determined by the Contractor to
be necessary for the field office.
4) At forty-five (45) Days after the date of Substantial Completion, or sooner as directed
by the Commissioner, the Contractors must have all services disconnected and capped
to the satisfaction of the Commissioner. All repair Work due to these removals must be
the responsibility of the Contractor.
d. TELEPHONE SERVICE: The Contractor must provide and pay all costs for the following
telephone services for the DDC Field Office trailer:
1) Separate telephone lines for one (1) desk phone in each private office.
2) One (1) wall phone (with six (6) foot extension cord) at plan table.
3) Separate telephone lines for the fax machine and internet access in each private office.
Telephone service must include voice mail. All electronic voicemail messages must be
automatically forwarded as email attachments, to allow for the voicemails to be played
remotely.
4) A remote bell located on outside of trailer
5) The telephone service must continue until the trailer is removed from the Site.
e. PERMITS: The Contractor must make the necessary arrangements and obtain all permits
and pay all fees required for this Work.
C. RENTED SPACE: The Contractor has the option of providing, at its cost and expense, rented office or store
space in lieu of trailer. Said space must be in the immediate area of the Project and have adequate
plumbing, heating and electrical facilities. Space chosen by the Contractor for the DDC Field Office must
be approved by the Commissioner before the area is rented. All insurance, maintenance and equipment,

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including computer workstations specified in sub-section 3.8 D in quantities required as specified in sub-
section 3.8 B 3 for the DDC Field Office trailer, must also apply to rented spaces.

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.8 D

D. ADDITIONAL EQUIPMENT FOR THE DDC FIELD OFFICE:
1. Photocopying Machine: Stand-alone, heavy duty, electric, dry-process color photocopying type with
color scan and send capability via email, a minimum production rate of seventy (70) pages per minute
and an adequate supply of copy paper, toner, etc. The machine must be capable of duplex copying
paper sizes of 8-1/2 x 11 inches, 8-1/2 x 14 inches and 11 x 17 inches, and have separate trays for
each paper size. It must have a document feeder, collator, stapler, and the capability to
reduce/enlarge copies between each paper size. The supply of each size copy paper, toner, etc.
must be replenished and the machines must be maintained for the duration of the Contract by the
Contractor as required by the Resident Engineer. Make and model can be Minolta, Canon, IBM,
Epson, or an approved equivalent, and must be networked to the office computers for printing
capability. Copier must remain at job Site until the DDC Field office trailer is removed from the Site.
2. The Contractor must furnish a fax machine and a telephone answering machine at commencement
of the Project for the exclusive use of the DDC Field Office. All materials must be new, sealed in
manufacturer's original packaging and must have manufacturers' warrantees. All items must remain
the property of the City of New York at the completion of the Project.
3. COMPUTER WORKSTATION: The Contractor must provide one (1) complete computer workstation,
in quantities specified in sub-section 3.8.B.3, as specified herein:
a. Hardware/Software Specification:
1) Computer Equipment: Computers must be provided for all Contracts that have a total
Consecutive Calendar Days (CCD) for construction duration, as set forth in Schedule
"A", of 180 CCD's or greater. Contracts of lesser duration must not require computers.
2) Computers furnished by the Contractor for use by City Personnel for the duration of the
Contract must be in accordance with the Specific Requirements contained herein, must
remain the property of the City of New York at the completion of the Project, and must
meet the following minimum requirements:
3) Personal Computer(s) – Each Workstation Configuration.
a) Make and Model: Dell; HP; Gateway; Acer; or, an approved
equivalent. (Note: an approved equivalent requires
written approval of the DDC Assistant Commissioner of
Information Technology Services (ITS)).
b) Processor: i5-2400 (6MB Cache, 3.1GHz) or faster computer -
Single Processor.
c) System RAM: Minimum of 4GB (Gigabytes) Dual Channel DDR3
SDRAM at 1333MHz – 2 DIMMSs.
d) Hard Disk Drive(s): 500 GB (Gigabytes) Serial ATA (7200RPM) w/DataBurst
Cache, or larger.
e) CD-RW: Internal CD-RW, 48x Speed or faster.
f) 16xDVD+/-RW DVD Burner (with double layer write capability) 16x
Speed or faster.

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g) I/O Ports: Must have at least one (1) Serial Port, one (1) Parallel
Port, and three (3) USB Ports.
h) Video Display Card: HD Graphics (VGA, HDMI) with a minimum of 64 MB of
RAM.
i) Monitor: 22" W, 23.0 Inch VIS, Widescreen, VGA/DVI LCD
Monitor.
j) Available Exp. Slots: System as configured above must have at least two (2)
full size PCI Slots available.
k) Network Interface: Integrated 10/100/1000 Ethernet card.
l) Other Peripherals: Optical scroll Mouse, 101 Key Keyboard, Mouse Pad and
all necessary cables.
m) Software Requirement: Microsoft Windows 7 Professional SP1, 32 bit; Microsoft
Office Professional 2010 or 2013; Microsoft Project 2010;
Adobe Acrobat reader; Anti-Virus software package with
2 year updates subscription; and, either Auto Cad LT or
Microsoft Visio Standard Edition, as directed by the
Resident Engineer.
4) DDC Field Office Specs: DDC Field Offices requiring computers must be provided
with the following:
a) One (1) broad-band internet service account. Wideband Internet connectivity at a
minimum throughput of fifteen (15) Mbps download and five (5) Mbps upload is
required at each field office location with 1-5 staffers. For larger field offices see
table below for minimum required upload speeds. Telephone service should be
bundled together with Internet connectivity. Because of throughput requirements
Verizon FIOS is the preferred connectivity provider where available.

Office Personnel # Upload Speeds (Minimum)

1–5 5 Mbps
6 – 10 10 Mbps
11 – 15 15 Mbps
16 – 20 … 20 Mbps

This account will be active for the life of the Project. The e-mail name for the
account must be the DDC Field Office/Project Id (preferably Gmail or Outlook
e.g. [email protected]).
b) One (1) 600 DPI HP Color Laser Jet Printer (twelve (12) pages per minute or faster)
with one (1) Extra Paper (Legal Size) (Not required if photocopying machine prints
in color).
c) All necessary cabling for equipment specified herein
d) Storage Boxes for Blank CD’s
e) Printer Table
f) UPS/Surge Suppressor combo
g) Ten (10) USB Thumb (or Flash) Drives – sixteen (16) GB each
5) All computers required for use in the DDC Field Office must be delivered, installed, and

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setup in the Field Office by the Contractor.

6) All Computer Hardware must come with a three (3) year warranty for on-site repair or
replacement. Additionally, and notwithstanding any terms of the warranty to the
contrary, the Contractor is responsible for rectifying all computer problems or
equipment failures within one (1) business day.
7) An adequate supply of blank CDs/DVDs, and paper and toner cartridges for the printer
must be provided by the Contractor and must be replenished by the Contractor as
required by the Resident Engineer.
8) It is the Contractor’s responsibility to ensure that electrical service and phone
connections are also available at all times; that is, the Field Office Computer(s) is to be
powered and turned on twenty-four (24) hours each Day.
9) Broadband connectivity is preferred at each field office location. Please take into
consideration that an extra phone line dedicated to the modem must be ordered as part
of the Contract unless Internet broadband connectivity, via Cable or DSL, is available at
the planned field office location. Any questions regarding this policy should be directed
to the Assistant Commissioner of ITS at 718-391-1761.
E. HEAD PROTECTION (HARD HATS):
1. The Contractor must provide a minimum of ten (10) standard protective helmets for the exclusive use
of DDC personnel and their visitors. Helmets must be turned over to the Resident Engineer and kept
in the DDC Field Office.
2. Upon completion of the Project, the helmets must become the property of the Contractor.

3.9 MATERIAL SHEDS:

A. Material sheds used by the Contractor for the storage of its materials must be kept at locations which will
not interfere at any time with the progress of any part of the Work or with visibility of traffic control devices.
B. The Contractor must store combustible materials apart from the facility.

3.10 TEMPORARY ENCLOSURES:

A. The Contractor must provide temporary enclosures for protection of construction, in progress and
completed, from exposure, foul weather, other construction operations, and similar activities. Provide
temporary weather tight enclosure for building exterior.
B. Where heating or cooling is needed and Permanent Enclosure is not complete, the Contractor must insulate
temporary enclosures.

3.11 TEMPORARY PARTITIONS:

A. The Contractor must provide floor-to-ceiling dustproof partitions to limit dust and dirt migration and to
separate occupied tenant areas from fumes and noise, including, but without limitation:
1. Construct dustproof partitions with gypsum wallboard with joints taped on occupied side, and fire-
retardant plywood on construction operations side.
2. Construct dustproof partitions with 2 layers of 3-mil (0.07-mm) polyethylene sheet on each side. Cover
floor with two (2) layers of 3-mil (0.07-mm) polyethylene sheet, extending sheets eighteen (18) inches
(460 mm) up the sidewalls. Overlap and tape full length of joints. Cover floor with fire-retardant
plywood.

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a. Construct vestibule and airlock at each entrance through temporary partition with not less than
forty-eight (48) inches (1219 mm) between doors. Maintain water-dampened foot mats in
vestibule.
3. Insulate partitions to provide noise protection to occupied areas.
4. Seal joints and perimeter. Equip partitions with dustproof doors and security locks.
5. Protect air-handling equipment.
6. Weather strip openings.
7. Provide walk-off mats at each entrance through temporary partition.

3.12 TEMPORARY FIRE PROTECTION:

A. The Contractor must install and maintain temporary fire-protection facilities of types needed to protect
against reasonably predictable and controllable fire losses. Comply with National Fire Protection
Association (NFPA) Standard 241.
B. Smoking in all areas is prohibited.
C. The Contractor must supervise welding operations, combustion-type temporary heating units, and similar
sources of fire ignition according to requirements of authorities having jurisdiction.
D. The Contractor must develop and supervise an overall fire-prevention and protection program for personnel
at Project Site. Review needs with local fire department and establish procedures to be followed. Instruct
personnel in methods and procedures. Post warnings and information.
E. The Contractor must provide temporary standpipes and hoses for fire protection. Hang hoses with a
warning sign stating that hoses are for fire-protection purposes only and are not to be removed. Match
hose size with outlet size and equip with suitable nozzles.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.13

3.13 WORK FENCE ENCLOSURE:

A. The Contractor must furnish, erect and maintain a wood construction or chain-link fence to the extent shown
on the Contract Drawings or required by the Work enclosing the entire Project on all sides. All materials
used must be new. Any permit required for the installation and use of said fence and costs must be borne
by the Contractor.
B. WOOD FENCE must be seven (7) feet high with framing construction of yellow pine, using 4" x 4" approved
preservative-treated posts on not more than 6'-0" centers, with three (3) rails of at least 2" x 4" size to which
must be secured minimum 1/2 inch thick exterior grade plywood. Posts must be firmly fixed in the ground
at least 30" and thoroughly braced. Top edge of fence must be trimmed with a rabbeted edge mould.
Provide on the street traffic sides of fence, observation openings as directed.
1. GATES: The Contractor must provide an adequate number of double gates, complete with hardware,
located as approved by the Resident Engineer. Double gates must have a total clear opening of 14'-
0" with two (2) 7'-0" hinged swinging sections. Hanging posts must be 6" x 6" and must extend high
enough to receive and be provided with tension or sag rods for the swinging sections.
2. PAINTING: The fence and gates must be entirely painted on the street and public sides with one (1)
coat of exterior primer and one (1) top coat of exterior grade acrylic-latex emulsion paint. Black
stenciled signs reading "POST NO BILLS" must be painted on fence with three (3) inch high letters
on twenty-five (25) foot spacing for the entire length of fence on street traffic sides. Signs must be
stenciled five (5) feet above the sidewalk.

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C. CHAIN-LINK FENCING must be minimum two (2) inch thick, galvanized steel, chain-link fabric fencing;
eight (8) feet high with galvanized steel pipe posts; minimum 2-3/8-inch Outside Diameter (OD) line posts
and 2-7/8-inch OD corner and pull posts, with 1-5/8-inch OD top and bottom rails. Fence must be accurately
aligned and plumb, adequately braced and complete with gates, locks and hardware as required. Under no
condition must fencing be attached or anchored to existing construction or trees.
D. ADDITIONAL REQUIREMENTS:
1. It must be the obligation of the Contractor to remove all posters, advertising signs, and markings,
etc., immediately.
2. Should the fencing be required to be relocated during the course of the Contract, it must be done by
the Contractor at no additional cost to the City.
3. Where sidewalks are used for "drive over" purposes for Contractor vehicles, a suitable wood mat or
pad must be provided for protection of sidewalks and curbs.
4. Where required, make provision for fire hydrants, lampposts, etc.
5. REMOVAL: When directed by the Resident Engineer, the fence must be removed.

3.14 RODENT AND INSECT CONTROL:

A. DESCRIPTION: The Contractor must provide all labor, materials, plant and equipment, and incidentals
required to survey and monitor rodent activity and to control any infestation or outbreak of rodents, rats,
mice, water beetles, roaches and fleas within the Project area. Special attention should be paid to the
following conditions or areas:
1. Wet areas within the Project area, including all temporary structures.
2. All exterior and interior temporary toilet structures within the Project area.
3. All Field Offices and shanties within the Project area of all subcontractors and DDC.
4. Wherever there is evidence of food waste and/or discarded food or drink containers, in quantity, that
would cause breeding of rodents or the insects herein specified.
5. Any other portion of the Site requiring such special attention.
B. MATERIALS:
1. All materials must be approved by the New York State Department of Environmental Conservation
(DEC) and comply with the New York City Health Code, OSHA and the laws, ordinances and
regulations of state and federal agencies pertaining to such chemical and/or materials.
C. PERSONNEL:
1. All pest control personnel must be supervised by an exterminator licensed in categories 7A and 8.
D. METHODS:
1. Application and dosage of all materials must be done in strict compliance with the manufacturer’s
recommendations.
2. Any unsanitary conditions, such as uncollected garbage or debris, resulting from all Contractor’s
activities, which will provide food and shelter to the resident rodent population must be corrected by
the Contractor immediately after notification of such condition by the Resident Engineer.
E. RODENT CONTROL WORK:
1. In wetlands, woodlands, and areas adjacent to a stream, special precautions must be taken to protect
water quality and to ensure the safety of other wildlife. To prevent poisoned bait from entering
streams, no poisoned bait must be used in areas within seventy-five (75) feet of all stream banks.

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Live traps must be used in these seventy-five (75) foot buffer zone areas and within wetland and
woodland areas.
2. In areas outside the seventy-five (75) foot zone of protection adjacent to streams, and in areas outside
wetlands and woodlands, tamper proof bait stations with poisoned bait must be placed during the
period of construction and any consumed or decomposed bait must be replenished as directed.
3. At least one (1) month prior to initiation of the construction Work, and periodically thereafter, live traps
and/or rodenticide bait in tamper proof bait stations, as directed above, must be placed at locations
that do not allow access to pets, human beings, children and other non-target species, particularly
wildlife (for example-birds) in the Project area.
4. The Contractor must be responsible for collecting and disposing of all trapped and poisoned rodents
found in live traps and tamper-proof bait stations. The Contractor must also be responsible for posting
and maintaining signs announcing the baiting of each particular location.
5. The Contractor must be responsible for the immediate collection and disposal of any visible rodent
remains found on streets or sidewalks within the Project area.
6. It is anticipated that public complaints will be addressed to the Commissioner. The Contractor, where
directed by the Commissioner, must take appropriate actions, like baiting, trapping, proofing, etc., to
remedy the source of complaint within the next six (6) hours of normal working time which is defined
herein for the purposes of this section as 7 A.M. to 6 P.M. on Mondays through Saturdays.
7. Emergency service during the regular workday hours (Monday through Friday) must be rendered
within twenty-four (24) hours, if requested by the Commissioner, at no additional cost to the City.
F. EDUCATION & NOTICES:
1. The Contractor must post notices on all Construction Bulletin Boards advising workers, employees,
and residents to call the DDC Field Office to report any infestation or outbreak of rodents, rats, mice,
water beetles, roaches and fleas within the Project area. The Contractor must provide and distribute
literature pertaining to Integrated Pest Management (IPM) techniques of rodent control to affected
businesses and superintendents of nearby residential buildings to ensure their participation in
maintaining their establishments free of unsanitary conditions, harborage removal and rodent
proofing.
2. Prior to application of any chemicals, the Contractor must furnish to the Commissioner copies or
sample labels for each pesticide, antidote information, and Material Data Safety Sheets (MSDS) for
each chemical used.
G. RECORDS
1. The Contractor must keep a record of all rodent and waterbug infestation surveys conducted and
make available, upon request, to the Commissioner. The findings of each survey must include, but
not be limited to, recommended IPM techniques, like baiting, trapping, proofing, etc., proposed for
rodent and waterbug pest control.
2. The Contractor must maintain records of all locations baited along with the type and quantity of
rodenticide and insecticide bait used.

3.15 PLANT PEST CONTROL REQUIREMENTS AND TREE PROTECTION REQUIREMENTS:

A. Plant Pest Control Requirements: The Contractor and its subcontractors, including the Certified Arborist
described below, must comply with all federal and New York State laws and regulations concerning Asian
Longhorned Beetle (ALB) management, including protocols for ALB eradication and containment
promulgated by the New York State Department of Agriculture and Markets (NYSDAM). The Contractor is
referred to: (1) Part 139 of Title 1 NYCRR, Agriculture and Markets Law, Sections 18, 164 and 167, as
amended, and (2) State Administrative Procedure Act, Section 202, as amended.

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1. All tree Work performed within the quarantine areas must be performed by NYSDAM certified entities.
Transportation of all host material, living, dead, cut or fallen, inclusive of nursery stock, logs, green
lumber, stumps, roots, branches and debris of a half inch or more in diameter from the quarantine
areas is prohibited unless the Contractor or its subcontractor performing tree Work has entered into
a compliance agreement with NYSDAM. The terms of said compliance agreement must be strictly
complied with. Any host material so removed must be delivered to a facility approved by NYSDAM.
For the purpose of this Contract, host material must be ALL species of trees.
2. Any host material that is infested with the ALB must be immediately reported to NYSDAM for
inspection and subsequent removal by either State or City contracts, at no cost to the Contractor.
3. Prior to commencement of tree Work, the Contractor must submit to the Commissioner a copy of a
valid ALB compliance agreement entered into with NYSDAM and the Contractor or its subcontractor
performing tree Work. If any host material is transported from the quarantine area the Contractor
must immediately provide the Commissioner with a copy of the New York State ‘Statement of Origin
and Disposition’ and a copy of the receipt issued by the NYSDAM approved facility to which the host
materials are transported.
4. Quarantine areas, for the purpose of this Contract, must be defined as all five boroughs of the City of
New York. In addition, prior to the start of any tree Work, the Contractor must contact the NYC
Department of Parks & Recreation’s (DPR) Director of Landscape Management at (718) 699-6724,
to determine the limits of any additional quarantine areas that may be in effect at the time when tree
Work is to be performed. The quarantine area may be expanded by federal and state authorities at
any time and the Contractor is required to abide by any revisions to the quarantine legislation while
working on this Contract. For further information please contact: NYSDAM (631) 288-1751.
B. Tree Protection Requirements: The Contractor must retain a Certified Arborist, as defined by DPR
regulations, to provide the services described below.
1. Surveys and Reports: The Certified Arborist must, at the times indicated below, conduct a survey and
prepare a plant material assessment report which includes: (1) identification, by species and pertinent
measurements, of all plant material located on the Project Site, or in proximity to the Project Site, as
described below, including all trees, significant shrubs and/or planting masses; (2) identification and
plan for the containment of plant pests and pathogens, including the ALB, as described in paragraph
A above; and (3) evaluation of the general health and condition of any infected plant material.
2. Frequency of Reports: The Certified Arborist must conduct a survey and provide a plant material
assessment report at two (2) points in time: (1) prior to the commencement of construction Work; and
(2) at the time of Substantial Completion. In addition, for projects exceeding twenty-four (24) months
in duration, the Certified Arborist must conduct a survey and prepare a report at the midpoint of
construction. Copies of each plant material assessment report must be submitted to the Resident
Engineer within two (2) weeks of the survey.
3. Proximity to Project Site: Off-site trees, significant shrubs and/or planting masses must be considered
to be located in proximity to the Project Site under the circumstances described below.
a. The tree trunk, significant shrub, or primary cluster of stems in a planting mass is
within fifty (50) feet of the project’s Contract Limit Lines (CLLs) or Property Lines
(PLs).
b. Any part of the tree or shrub stands within fifty (50) feet of: (a) a path for Site access for
vehicles and/or construction equipment; or (b) scaffolding to be erected for construction
activity, including façade remediation projects.
c. The Certified Arborist determines that the critical root zone (CRZ) of an off-site tree,
significant shrub, or primary cluster of stems in a planting mass extends into the Project Site,
whether or not that plant material is located within the fifty (50) foot inclusionary perimeter as
outlined above.

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4. Tree Protection Plan: The Certified Arborist must prepare, and the Contractor must implement, a Tree
Protection Plan for all trees that may be affected by any construction Work, excavation or demolition
activities, including without limitation: (1) on-site trees, (2) street trees, as defined below, (3) trees
under DPR jurisdiction as determined by the NYC Department of Transportation, and (4) all trees that
are located in proximity to the Project Site, as defined above. The Tree Protection Plan must comply
with the DPR rules, regulations and specifications. The Contractor is referred to Chapter 5 of Title 56
of the Official Compilation of the Rules of the City of New York. Copies of the Tree Protection Plan
must be submitted to the Resident Engineer prior to the commencement of construction.
Implementation of the Tree Protection Plan for street trees and trees under DPR jurisdiction must be
in addition to any tree protection requirements specified or required for the Project Site. For the
purpose of this article, a “street tree” means the following: (1) a tree that stands in a sidewalk, whether
paved or unpaved, between the curb lines or lateral lines of a roadway and the adjacent property
lines of the Project Site, or (2) a tree that stands in a sidewalk and is located within fifty (50) feet of
the intersection of the Project’s Site’s PL with the street frontage property line.
C. No Separate Payment: No separate payment must be made for compliance with Plant Pest Control
Requirements or Tree Protection Requirements. The cost of compliance with Plant Pest Control
Requirements and Tree Protection Requirements must be deemed included in the Contractor’s bid for the
Project.
3.16 PROJECT IDENTIFICATION SIGNAGE:
A. The Contractor must provide, install and maintain Project identification and other signs where indicated to
inform public and individuals seeking entrance to the Project.
B. In order to properly convey notice to persons entering upon a City construction Site, the Contractor must
furnish and install a sign at the entrance (gates) as follows:

NO TRESPASSING
AUTHORIZED PERSONNEL ONLY

C. If no construction fence exists at the Site, this notice must be conveyed by incorporating the above language
into safety materials (barriers, tape, and signs).
D. Provide temporary, directional signs for construction personnel and visitors.
E. Maintain and touch up signs so that they are legible at all times.

3.17 PROJECT CONSTRUCTION SIGN AND RENDERING:

A. PROJECT SIGN:
1. Responsibility: The Contractor must produce and install one (1) Project sign which must be posted and
maintained upon the Project Site at a place and in a position directed by the Commissioner. The
Contractor must protect the sign from damage during the continuance of Work under the Contract and
must do all patching of lettering, painting and bracing thereof necessary to maintain the sign in first
class condition and in proper position. Prior to fabrication, the Contractor must submit an 8-1/2” x 11”
color match print proof from the sign manufacturer of the completed sign for approval by the
Commissioner.
2. Sign Quality: The Contractor must provide all materials required for the production of the sign as
specified herein. Workmanship must be of the best quality, free from defects and must be produced in
a timely manner.

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3. Schedule: Upon Project mobilization, the Contractor must commence production and installation of the
sign.
4. Removal: At the completion of all Work under the Contract, the Contractor must remove and dispose
of the Project sign away from the Site.
5. Sign construction:
a. Frame: The frame must be from quality dressed 2”x2” pine, fire retardant, pressure treated
lumber, that surrounds the inside back edge of the sign. The sign must have one (1) intermediate
vertical and two (2) diagonal supports, glued and screwed for rigidity. Frame must be painted
white with two (2) coats of exterior enamel paint, prior to mounting of sign panel.
b. Edging: U-shaped, twenty-two (22) gauge aluminum edging, with a white enameled finish to
match sign background, must run around entire edging of sign panel and frame. Corners must
be mitered for a tight fit. Channel dimensions must be 1” inch (overlap to sign panel face) x 1
3/4" (or as required across frame depth) x 1" (back overlap).
c. Sign Panel: 4' x 8' panel must be constructed in one (1) piece of fourteen (14) gauge (.0785")
6061-T6 aluminum. This panel must be pre-finished both sides with a glossy white baked-on
enamel finish and be flush with edge of 2" x 2" wood frame. Samples must be submitted for
approval.
d. Fastening: Fasten sign panel to wood frame using cadmium plated no. 8 sheet metal screws at
½" below edge of panel and 8" on center. The U-shaped aluminum channel must be applied
over the wood frame edge and fastened with cadmium plated no. 8 sheet metal screws at 12" on
center around the entire perimeter.
6. Sign Graphics:
a. A digital file of the Project sign will be provided to the Contractor by the Commissioner’s
representative for printing. The Commissioner’s representative must insert the Project name and
names and titles of personnel (three (3) or more) and any other required information associated
with the Project. All signs may include a second panel for a Project rendering as described in
sub-section 3.17.B herein.
b. The digital file must be reproduced at the Sign Panel size of 4’ x 8’ on 3M High Performance Vinyl
or approved equal. The 3M High Performance Vinyl or equivalent must be guaranteed for nine
(9) years. Guarantee must cover fading, peeling, chipping or cracking. The sign manufacturer is
required to maintain all specified Pantone Matching System (PMS) type and other composition
elements represented in the digital file of the Project sign.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SETION 3.17 B
B. PROJECT RENDERING:
1. Responsibility: In addition to the Project sign, the Contractor must furnish and install one (1) sign
showing a rendering of the Project. A digital file of the Project rendering will be provided to the
Contractor by the Commissioner’s representative. From an approved image file provided by DDC,
the Project rendering is to be sized, printed, and mounted in an identical manner as described in sub-
section 3.17.A above for the Project sign. A color match print proof from the sign manufacturer of the
rendering sign printed from the supplied file is to be submitted to DDC for approval before fabrication.
The rendering sign is to be posted at the same height as the Project sign. Where possible, the
rendering sign must be mounted with a perfect match of the short sides of the rectangle so that the
rendering sign and the Project sign together will create one long rectangle.
2. Removal: At the completion of all Work under the Contract, the Contractor must remove and dispose
of the Project rendering away from the Site.

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REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.18

3.18 SECURITY GUARDS/FIRE GUARDS ON SITE:

A. SECURITY GUARDS (WATCHMEN):
1. The Contractor must provide a competent security guard service on the Site, beginning on the date
on which the Contractor commences actual construction Work, or on such earlier date on which there
is activity at the Site related to the Work, including without limitation, delivery of materials or
construction set-up. The Contractor must continue to provide such security guard service until the
date on which it completes all required Work at the Site, including all punch list Work, as certified in
writing by the Resident Engineer, or earlier if so directed in writing by the Commissioner. Throughout
the specified time period, there must be no less than one (1) security guard on duty every day,
including Saturdays, Sunday and holidays, twenty-four (24) hours a day, except between the hours
of 8:00 A.M. and 4:00 P.M. on any day which is a regular working day for a majority of the trade
subcontractors. This exception during the working day must not apply after the finishing painting of
the plaster Work is commenced; thereafter, not less than one (1) security guard must be on duty
continuously, twenty-four (24) hours a day.
2. Every security guard must be required to hold a "Certificate of Fitness" issued by FDNY. Every
security guard must, during his/her tour of duty, perform the duties of fire guard in addition to his/her
security obligations.
3. Should the Commissioner find that any security guard is unsatisfactory, such guard must be replaced
by the Contractor upon the written demand of the Commissioner.
4. Each security guard furnished by the Contractor must be instructed by the Contractor to include in
his/her duties the entire construction Site including the Field Office, temporary structures, and
equipment, materials, etc.
5. Should the Contractor or any other subcontractor consider the security requirements outlined above
inadequate, the Contractor must provide such additional security as it thinks necessary, after
obtaining the written consent of the Commissioner. The additional cost of such approved increased
protection will be paid by the Contractor.
6. Nothing contained in this sub-section must diminish in any way the responsibility of the Contractor
and each subcontractor for its own Work, materials, tools, equipment, nor for any of the other risks
and obligations outlined hereinbefore in this Article.
B. COSTS: The Contractor must employ security guards/fire guards throughout the specified time period,
except as otherwise modified by the detailed Specifications and as approved by the Commissioner, for the
purpose of safeguarding and protecting the Site. All costs for security guards/fire guards must be borne by
the Contractor.
C. RESPONSIBILITY: The Contractor and its subcontractors will be responsible for safeguarding and
protecting their own work, materials, tools and equipment.

3.19 SAFETY:
A. The Contractor, in compliance with requirements of Section 01 35 26, SAFETY REQUIREMENTS
PROCEDURES, must provide and maintain all necessary temporary closures, guard rails, and barricades
to adequately protect all workers and the public from possible injury. Any removal of these items, during
the progress of the Work, must be replaced by the Contractor at no additional cost to the City.
END OF SECTION 01 50 00

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SECTION 01 54 11
TEMPORARY ELEVATORS AND HOISTS
PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:
A. This section includes the following:
1. Temporary Use, Operation and Maintenance of Elevators during Construction
a. For new buildings up to and including fifteen (15) stories
b. For new buildings over fifteen (15) stories
c. For existing buildings
2. Temporary Construction Hoists and Hoistways (For Material and Personnel)

1.3 RELATED SECTIONS: include without limitation the following:

A. Section 01 10 00 SUMMARY
B. Section 01 42 00 REFERENCES
C. Section 01 50 00 TEMPORARY FACILITIES AND CONTROLS
D. Section 01 54 23 TEMPORARY SCAFFOLDS AND SWING STAGING
E. Section 01 77 00 CLOSE OUT PROCEDURES

PART II – PRODUCTS (Not Used)

PART III – EXECUTION

REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.1

3.1 TEMPORARY USE, OPERATION AND MAINTENANCE OF ELEVATORS DURING CONSTRUCTION FOR
NEW BUILDINGS UP TO AND INCLUDING FIFTEEN (15) STORIES:
A. INSTALLATION: The Contractor must install, complete, operate, and maintain in good working order, as
indicated herein, one (1) selected main elevator for the transport of employees of the Contractor and/or its
subcontractors, representatives of DDC, and other governmental agencies having jurisdiction of Work at
the Project. The Contractor must furnish, install, and maintain such elevator in good working order,
including all necessary hoisting ropes, governor cables, traveling conductor cables, operating devices,
temporary hand reset target annunciators, temporary signal devices, and all other permanent or temporary
parts. The installation, operation and maintenance of the temporary elevator and all equipment and/or parts
utilized in connection therewith must be in accordance with the rules and regulations of all agencies and/or
entities having jurisdiction over elevators in temporary use.
B. RESPONSIBILITY: The Contractor must be responsible for any injury to persons or damage to property
arising out of the temporary elevator and all equipment and/or parts utilized in connection therewith.
C. COSTS: The Contractor must be responsible for all costs in connection with the temporary elevator,
including without limitation:

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1. Installing and operating the temporary elevator;

2. Maintaining the temporary elevator in clean and proper operating condition, including the cost of
lubricants and/or parts for such maintenance;
3. Performing all Work in pits, shaft ways and machine rooms necessary for the operation of the
temporary elevator;
4. Replacing the temporary elevator or any equipment or parts utilized in connection therewith, if
required, due to damage, destruction, or excessive wear or corrosion, except for the replacement of
hoisting ropes as set forth below;
5. Performing all required electrical Work in connection with the temporary elevator;
6. Providing all electric power required to operate the temporary elevator;
7. Providing all necessary conduit and wiring connections for the proper operation and signaling of the
temporary elevator; and
8. Providing all labor for the operation and maintenance of the temporary elevator, including on an
overtime basis if necessary.
The total Contract price must include all costs in connection with the temporary elevator, including without
limitation, the costs specified herein.
D. COMMENCEMENT OF SERVICE: The Contractor must begin to provide temporary elevator service using
the selected main passenger elevator no later than eight (8) weeks (forty (40) Days) after the machine room
roof slab, or that portion of it surrounding the elevator shaft, has been placed. No later than three (3) weeks
(fifteen (15) Days) after the machine room roof slab has been placed, or that portion of it surrounding the
elevator shaft, the following Work must be completed:
1. The shaft must be completely enclosed by either a permanent or temporary enclosure meeting all
building code requirements.
2. The machine room must be completely watertight either by permanent or temporary construction.
Beams or other devices, either permanent or temporary, must be provided to enable the safe and
practicable hoisting of the elevator machinery for installation.
3. On all floors at the shaft way entrances to the elevator, the Contractor must install solid substantial
frames, either sliding or swing doors with substantial hardware and door locks, and any necessary
approved wire mesh barricades for adjacent shaft ways.
4. The Contractor must furnish and install solid, substantial enclosures at front, back, sides and top of
car platform enclosure, with an emergency exit at the top of car and a substantial temporary door or
gate on the front of the elevator entrance.
E. ELECTRICAL INSTALLATION: The Contractor, no later than twenty (20) Days after the machine room roof
slab or that portion of it surrounding the elevator has been placed, must furnish and install temporary or
permanent power and light feeders as required for the elevator used for temporary service. Additionally,
the Contractor must connect such feeders to the terminals on the starter panels or controllers in the machine
room to the low voltage transformers and car light outlets in the center of the shaft way and for the car
control and signal traveling cables. The Contractor must make all these required connections as soon as
the equipment is declared ready for such connections by the Resident Engineer.
F. REMOVAL: As directed by the Commissioner and when elevators for permanent use have been installed
and are in proper condition for service, the Contractor must remove the temporary enclosures and all
temporary elevator equipment and promptly proceed with the installation of the permanent equipment as
required under the Contract.

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G. INSPECTION: Before temporary elevator equipment is removed, a joint inspection of the equipment must
be made by the Contractor and the Commissioner to determine the condition of this equipment upon the
discontinuation of its temporary use. If this inspection deems it necessary, the Contractor must furnish and
install new governor and compensating ropes, traveling cables, controller parts, etc. The car and
counterweight safeties must be thoroughly cleaned of all dirt and all foreign matter, then properly lubricated
and placed in good operating condition to the satisfaction of the Commissioner. If it is determined and
ordered by the Commissioner that new hoist ropes are required, such ropes must be installed and payment
will be made in accordance with Article 26 of the Contract.
H. REPLACEMENT: The Contractor must furnish and install new equipment or parts for any equipment or
parts of the temporary elevator installation that have been damaged, destroyed, or that indicate excessive
wear or corrosion, except for the replacement of hoisting ropes. All shaft ways, pits, motor rooms and
sheave spaces used for temporary operation of elevators must be thoroughly cleaned. Where lubricated
rails are used they must be washed down. If roller guides are used, all rust, dirt, etc., must be moved from
the rails. The full cost of parts replacement, cleaning, etc., must be borne by the Contractor except for the
replacement of hoisting ropes.
I. LIMITATIONS ON USE: The temporary elevator must not be used during its operation for the hoisting of
materials or the removal of rubbish, but must be limited only to the transportation of employees of the
Contractor and/or its subcontractors, representatives of DDC, and other governmental agencies having
jurisdiction of work at the Project. However, the Resident Engineer may grant special permission at
specified times to the Contractor and/or its subcontractors to hoist materials, which in the Resident
Engineer's opinion will not overload or damage the elevator installation. In the event of any damage to the
temporary elevator, the Contractor must notify the Resident Engineer within twenty-four (24) hours after
such damage has occurred. As indicated above, the Contractor must be responsible for the replacement
of any equipment or parts of the temporary elevator that have been damaged.
J. LIQUIDATED DAMAGES: The Contractor will be charged at the rate of one hundred dollars ($100) per Day
for each Day it fails to provide the temporary elevator service described in this section beginning with the
forty-first (41st) Day after the machine room roof slab, or that portion of it surrounding the elevator shaft,
has been placed and stripped. This charge will be deducted from any amount due and owing to the
Contractor.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.2

3.2 TEMPORARY USE, OPERATION AND MAINTENANCE OF ELEVATORS DURING CONSTRUCTION FOR
NEW BUILDING OVER FIFTEEN (15) STORIES:
A. INSTALLATION: The Contractor must install, complete, operate, and maintain in good working order, as
indicated herein, two (2) selected main elevators for the transport of employees of the Contractor and/or its
subcontractors, representatives of DDC, and other governmental agencies having jurisdiction of work at
the Project. The Contractor must furnish, install, and maintain such elevators in good working order,
including all necessary hoisting ropes, governor cables, traveling conductor cables, operating devices,
temporary hand reset target annunciators, temporary signal devices, and all other permanent or temporary
parts. The installation, operation, and maintenance of the temporary elevators and all equipment and/or
parts utilized in connection therewith must be in accordance with the rules and regulations of all agencies
and/or entities having jurisdiction over elevators in temporary use. The two (2) elevators must not be
operated simultaneously.
B. RESPONSIBILITY: The Contractor must be responsible for any injury to persons or damage to property
arising out of the temporary elevators and all equipment and/or parts utilized in connection therewith.
C. COSTS: The Contractor must be responsible for all costs in connection with the temporary elevators,
including without limitation:
1. Installing and operating the temporary elevators;

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2. Maintaining the temporary elevators in clean, proper operating condition, including the cost of
lubricants and/or parts for such maintenance;
3. Performing all Work in pits, shaft ways and machine rooms necessary for the operation of the
temporary elevators;
4. Replacing the temporary elevators or any equipment or parts utilized in connection therewith, if
required due to damage, destruction, or excessive wear or corrosion, except for the replacement of
hoisting ropes as set forth below;
5. Performing all required electrical Work in connection with the temporary elevators;
6. Providing all electric power required to operate the temporary elevators;
7. Providing all necessary conduit and wiring connections for the proper operation and signaling of the
temporary elevators; and
8. Providing all labor for the operation and maintenance of the temporary elevators, including on an
overtime basis if necessary.
The total Contract price must include all costs in connection with the temporary elevators, including without
limitation, the costs specified herein.
D. LOW RISE ELEVATOR: The Contractor must begin to provide temporary elevator service using one (1)
selected main passenger elevator no later than six (6) weeks (thirty (30) Days) after the twelfth (12th) floor
slab, or that portion of it surrounding the elevator shaft, has been placed and stripped. No later than one
(1) week, (five (5) Days), after the twelfth (12th) floor slab, or that portion of it surrounding the elevator shaft,
has been placed and stripped, the following Work must have been completed:
1. The shaft must be completely enclosed up to the twelfth (12th) floor by either the permanent or a
temporary enclosure meeting the requirements of the law.
2. A temporary machine room enclosure must be provided at the eleventh (11th) floor and must be
completely watertight either by permanent or temporary construction. Beams or other devices, either
permanent or temporary, must be provided which will enable the safe and practicable hoisting of the
elevator machinery for installation.
3. The Contractor must install on all floors up to and including the ninth (9th) floor at the shaft entrances
to the elevator, solid substantial wood frames, either sliding or swing doors with substantial hardware
and door locks, and any necessary approved wire mesh barricades for adjacent shaft ways.
4. The Contractor must furnish and install solid substantial enclosures at front, back, sides and top of
car platform enclosure, with an emergency exit at top of car, except that the portion of the front at the
elevator entrance must be provided with a substantial temporary door or gate.
E. ELECTRICAL INSTALLATION: The Contractor must, no later than ten (10) Days after the twelfth (12th) floor
slab or that portion of it surrounding the elevator has been poured and stripped, furnish and install temporary
or permanent power and light feeders as required for the elevator used for temporary service. The
Contractor must connect such feeders to the terminals on the starter panels or controllers in the temporary
machine room to the low voltage transformers, car light outlets in the center of the shaftway, and for the car
control and signal traveling cables. The Contractor must make all these required connections as soon as
the equipment is declared ready for such connections by the Resident Engineer.
F. HIGH RISE ELEVATOR: The Contractor must begin to provide temporary elevator service to all floors using
a selected main passenger elevator no later than eight (8) weeks (forty (40) Days) after the machine room
roof slab, or that portion of it surrounding the elevator shaft has been placed. No later than three (3) weeks
(fifteen (15) Days) after the machine room roof slab, or that portion of it surrounding the elevator shaft has
been placed, the following Work must have been completed:
1. The shaft must be completely enclosed by either the permanent or temporary enclosure, meeting the

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requirements of the law.

2. The machine room must be completely watertight either by permanent or temporary construction.
Beams or other devices, either permanent or temporary, must be provided to enable the safe and
practicable hoisting of the elevator machinery for installation.
3. The Contractor must install on all floors at the shaft way entrances to the elevator solid substantial
frames, either sliding or swing doors with substantial hardware and door locks, and any necessary
approved wire mesh barricades for adjacent shaft ways.
4. The Contractor must furnish and install solid substantial enclosures at front, back, sides and top of
car platform enclosure, with an emergency exit at top of car, except that the portion of the front at the
elevator entrance must be provided with a substantial temporary door or gate.
G. ELECTRICAL INSTALLATION: The Contractor must, not later than twenty (20) Days after the machine
room slab or that portion of it surrounding the elevator shaft has been placed, furnish and install temporary
or permanent power and light feeders as required for the high-rise elevator to be used for temporary service.
The Contractor must connect such feeders to the terminals on the motor-generator starter panels, or
controllers in the machine room, to the signal circuits low voltage transformers for the annunciators and car
light outlets in the center of shaft way. The Contractor must make all these required connections as soon
as the equipment is declared ready for such connections by the Resident Engineer.
H. When the high-rise elevator is completed and ready for temporary operation, the low-rise temporary
elevator must be shut down.
I. REMOVAL: When directed by the Commissioner and one (1) or more elevators for permanent use have
been installed and are in condition for service, the Contractor must remove the temporary enclosures, all
temporary elevator equipment, and promptly proceed with the installation of the permanent equipment as
required under the Contract.
J. INSPECTION: Before temporary elevator equipment is removed, a joint inspection of the equipment must
be made by the Contractor and the Commissioner to determine the condition of this equipment upon the
discontinuation of its temporary use. If this inspection determines it necessary, the Contractor must furnish
and install new governor and compensating ropes, new traveling cables, new controller parts, etc. The car
and counterweight safeties must be thoroughly cleaned of all dirt and all foreign matter, then properly
lubricated and placed in good operating condition to the satisfaction of the Commissioner. If it is determined
and ordered by the Commissioner that new hoist ropes are required, such ropes must be installed and
payment will be made in accordance with Article 26 of the Contract.
K. REPLACEMENT: The Contractor must furnish and install new equipment or parts for any equipment or
parts of the temporary elevator installations that have been damaged, destroyed, or that indicate excessive
wear or corrosion, except the replacement of hoisting ropes. All shaft ways, pits, motor rooms and sheaves
spaces used for temporary operation of elevators must be thoroughly cleaned down. Where lubricated rails
are used they must be washed down; if roller guides are used, all rust, dirt, etc., must be removed from the
rails. The full cost of parts replacement cleaning, etc., must be borne by the Contractor except for the
replacement of hoisting ropes.
L. LIMITATIONS ON USE: The temporary elevators must not be used during their operation for the hoisting
of materials or the removal of rubbish, but must be limited only to the transportation of employees of the
Contractor and/or its subcontractors, representatives of DDC, and other governmental agencies having
jurisdiction of Work at the Project. However, the Resident Engineer may grant special permission at
specified times to the Contractor and/or its subcontractors to hoist materials, which in the Resident
Engineer's opinion will not overload or damage the elevator installation, but only after such times as all
plastering has been completed from the second floor up. In the event of any damage to the temporary
elevator, the Contractor must notify the Resident Engineer within twenty-four (24) hours after such damage
has occurred. As indicated above, the Contractor must be responsible for the replacement of any equipment
or parts of the temporary elevator that have been damaged.

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M. LIQUIDATED DAMAGES: The Contractor will be charged at the rate of one hundred dollars ($100) per Day
for each Day it fails to provide the temporary elevator service described in this Section beginning with the
thirty-first (31st) Day after the twelfth (12th) floor slab, or that portion of the twelfth (12th) floor slab surrounding
the elevator shaft, has been placed and stripped. This charge will be deducted from any amount due and
owing to the Contractor.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.3

3.3 TEMPORARY USE, OPERATION AND MAINTENANCE OF ELEVATORS DURING CONSTRUCTION FOR
EXISTING BUILDINGS:
A. The Contractor may use, at the Commissioner’s discretion, one (1) selected elevator in the building for
temporary operation by the Contractor for the transportation of employees of the Contractor and/or its
subcontractors, representatives of DDC, and other governmental agencies having jurisdiction over the
Work at the Project. The operation of the temporary elevator and all equipment and/or parts utilized in
connection therewith must be in accordance with the rules and regulations of all agencies and/or entities
having jurisdiction over elevators in temporary use.
B. RESPONSIBILITY: The Contractor must be responsible for any injury to persons or damage to property
arising out of the temporary elevator and all equipment and/or parts utilized in connection therewith.
C. REPLACEMENT: The Contractor must furnish and install new equipment or parts for any equipment or
parts of the elevator for temporary operation that have been damaged, destroyed, or that indicate excessive
wear or corrosion, except the replacement of hoisting ropes. All shaft ways, pits, motor rooms and sheave
spaces used for temporary operation of elevators must be thoroughly cleaned down. Where lubricated rails
are used they must be washed down, if roller guides are used, all rust, dirt, etc., must be moved from the
rails. The full cost of parts replacement, cleaning, etc., must be borne by the Contractor except for the
replacement of hoisting ropes. If it is determined and ordered by the Commissioner that new hoist ropes
are required, such ropes must be installed and payment will be made in accordance with Article 26 of the
Contract.
D. LIMITATIONS ON USE: The temporary elevator must not be used during its operation for the hoisting of
materials or the removal of rubbish, but must be limited only to the transportation of employees of the
Contractor and/or its subcontractors, representatives of DDC, and other governmental agencies having
jurisdiction of Work at the Project. However, the Resident Engineer may grant special permission at
specified times to the Contractor and/or its subcontractors to hoist materials, which in the Resident
Engineer's opinion will not overload or damage the elevator installation. In the event of any damage to the
temporary elevator, the Contractor must notify the Resident Engineer within twenty-four (24) hours after
such damage has occurred. As indicated above, the Contractor must be responsible for the replacement
of any equipment or parts of the temporary elevator that have been damaged.
E. LIQUIDATED DAMAGES: The Contractor will be charged at the rate of one hundred dollars ($100) per Day
for each Day it fails to provide elevator services described in this section beginning with fifteen (15) Days
from Notice to Proceed (NTP). This charge will be deducted from any amount due and owing to the
Contractor.

3.4 TEMPORARY HOISTS AND HOISTWAYS (FOR MATERIAL AND PERSONNEL):

A. RESPONSIBILITY: The Contractor must provide adequate numbers of material hoists for the most
expeditious performance of all parts of the Work including the Work of all its subcontractors.
B. LOCATIONS: No hoists must be constructed at such locations as to interfere with, or affect the construction
of, floor arches or the Work of subcontractors. The hoists may be located at the exterior sides of the
structure or in the courtyard and extend upward adjacent to the line of window openings. The hoists must
be located a sufficient distance from the exterior walls and be so protected as to prevent any of the
permanent Work from being damaged, stained or marred.

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C. ELEVATOR SHAFT: Wherever possible, one or more of the permanent elevator shafts may be used as
temporary hoistways, providing such use complies with the requirements of the Building Code of the City
of New York, has been approved by the Commissioner, and does not interfere with the progress of the
Work.
D. PROTECTION FOR INTERIOR HOISTS: All interior material hoistways must be enclosed on each floor
and must be adequately protected with appropriate safety guards. In no event must the protection be less
than that required by law.

END OF SECTION 01 54 11

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SECTION 01 54 23
TEMPORARY SCAFFOLDING AND PLATFORMS

PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].
B. SECTION 01 35 26 SAFETY REQUIREMENTS PROCEDURES.
C. The Contractor must comply with the requirements of “The City of New York Department of Design and
Construction Safety Requirements”. This document is included in the Information for Bidders.

1.2 SUMMARY:
A. This Section includes administrative and general procedural requirements for Temporary Scaffolding and
Platforms, including:
1. Conformance
2. Responsibility
3. Jobsite Documentation and Submittals
4. Inspections
B. This Section governs ALL scaffold used on DDC Project site(s), including but not limited to, Suspended
Scaffold, Supported Scaffold, and Sidewalk Sheds.

1.3 CONFORMANCE:
A. Unless otherwise indicated, the Contractor is responsible for providing, erecting, installing, and
maintaining all temporary scaffolding and platforms which must comply with requirements of Chapter 33
(Safeguards During Construction or Demolition) of the New York City (NYC) Building Code, NYC Local
Law 52 of 2005, OSHA Construction Standard 1926 Subpart L, and furnishing the items and personnel
set forth in this Section.

1.4 RESPONSIBILITY:
A. Jobsite Safety Coordinator: The Contractor must designate and employ a Jobsite Safety Coordinator,
who must be a competent person, who must have a daily presence on the Project site during scaffold
use. This designee must possess and maintain a valid New York City Department of Buildings (DOB)
supported scaffold certificate of completion. An alternate must also be designated in the event that the
Jobsite Safety Coordinator is absent. The Jobsite Safety Coordinator must:
1. Verify completeness of documentation and submittals (as described below);
2. Verify that inspections are performed, including pull tests (see below), reports are filed and reported
deficiencies are corrected;
3. Monitor trades using scaffold;
4. Limit access to scaffold areas that are tagged for non-use;
5. Inform trades of scaffold load limitations;
6. Monitor loading of decks;
7. Verify that any ties that are temporarily removed are properly restored in the same shift;
8. Verify that outriggers and planks that are moved are properly set up and secured;
9. Verify that all scaffold decks in use have proper access/egress;
10. Verify that all open sides of decks in excess of 14 inches have proper guardrails and toe-boards;

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11. Notify appropriate parties, including but not limited to the Resident Engineer, site safety coordinator
/ monitor, site safety consultant, scaffold users, contractor and the scaffold engineer, of misuses,
non-conformances, hazards and accidents; and,
12. Keep a log of significant actions and events connected with the scaffolding.
B. The Contractor will be responsible for erecting, maintaining, and dismantling the scaffolding and/or
sidewalk shed in conformance with requirements of the NYC Building Code, OSHA and the Contract
Documents, including the Specifications. The Contractor must also be guided by generally accepted
standards of scaffold industry practice as promulgated by the Scaffold Industry Association.
C. The Contractor must require the subcontractor responsible for erecting the scaffolding to engage a
Scaffold Engineer, licensed as a professional engineer by the State of New York. The Scaffold Engineer
will be responsible to ensure the following: (1) that the installation design is in compliance with
requirements of the NYC Building Code and OSHA, (2) that the design comports with the capabilities of
the components and the characteristics of the site, (3) that scaffold loads on the host building, including
netting, have been properly considered, and (4) that the design documents provide accurate information
for erectors and users.
D. Scaffold users are trade contractors assigned to work on the scaffold. Training certificates from a DOB-
approved training provider are mandatory. These users have a duty to become familiar with the NYC
Building Code and OSHA requirements germane to users, to obey the instructions of the Jobsite Safety
Coordinator, and to inform the Jobsite Safety Coordinator of known hazards, non-conformances, or
violations.

1.5 JOBSITE DOCUMENTATION AND SUBMITTALS:

The Contractor must prepare, obtain, and submit the following to the Resident Engineer:
A. NYC DOB permit(s) for scaffold and sidewalk sheds (as applicable) including filing applications signed
and sealed by a Professional Engineer licensed in the State of New York;
B. Site logistics plan / site safety plan;
C. Installation drawing(s), design, and product data to be provided for all scaffold(s) and shed(s) must
include, at a minimum:
1. Plan(s);
2. Elevation(s);
3. Duty load designation: “standard” (150 psf live load) or “heavy duty” (300 psf live load);
4. Details including base support, anchors and ties;
5. Notes and specifications including load limits, number of planked levels, tie spacing, netting, and
sequence of installation and removal;
6. Anchorage into sound material;
7. Load limits based on pull tests;
8. Specifications for pull test(s), method, proof load and the number of trials;
9. Elevations, levels or heights, where anchorage is made into masonry;
10. Specifications for frames, planks, screw jacks, anchors, and any other ancillary hardware;
11. Samples for anchors, ties and netting;
12. Sequence of operations for erection and demolition;
13. Location plan, heights, widths, “jumps” over doorways and driveways;
14. Specify size, maximum span and maximum spacing of headers and stringers;
15. Specify legs, girts, braces, nailing and connections; and,
16. All sidewalk sheds must be designed, engineered, signed, and sealed by a Professional Engineer
licensed in the State of New York;
a. Generic (not job-specific) engineering drawings are satisfactory for standard sheds and
arrangements.

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b. Special engineering is required for custom sheds, site-specific problems or non-standard

arrangements.

1.6 INSPECTIONS:
A. Signed inspection reports must be issued for each inspection and pull-test below, and must be logged
and maintained on site by the Jobsite Safety Coordinator for the duration of the Project.
B. Pull testing will be required during design, and during or post erection, where anchorage is made into
masonry. The Scaffold Engineer must specify the test method, proof load, and the number of trials.
C. Sidewalk sheds must be inspected after initial installation, major modification, or damage and thence
every three months. Inspections must be by a Scaffold Engineer for custom sheds and by a Competent
Person employed by the Contractor for standard sheds.
D. Scaffolds must be inspected by the Scaffold Engineer during erection, post-erection, and prior to use and
thence every three (3) months. The Scaffold Engineer must repeat inspections after major alteration/
modification, and/or damage.
E. A Qualified Person assigned by the Contractor must inspect: the progress of erection and dismantling;
and, the condition and integrity of the sidewalk sheds after high winds, major storms, and at least once
per month during usage.
F. A Qualified Person assigned by the Contractor must inspect: the progress of erection and dismantling at
least weekly; and, the condition and integrity of the scaffold after high winds, major storms, and at least
once per month during usage.
G. Scaffolds and Sidewalk Sheds must be inspected daily by the Jobsite Safety Coordinator or alternate,
prior to use by scaffold users. The inspection results must be recorded in the maintenance log and must
always be available on-site.
H. At the completion of the Project, submit all inspection documents as Miscellaneous Record Documents in
accordance with SECTION 01 78 39 CONTRACT RECORD DOCUMENTS.

1.7 LADDERS AND STAIRS:

A. The Contractor must provide and maintain ladders or temporary stairs extending from the street to the
first story, and to and from every floor and roof level of the Project.

1.8 ACCESS AND EXITS:

A. The ladders or temporary stairs must be of acceptable size, number and location, so that proper and
convenient access may be had by those required to proceed to and from all parts of the Project.

PART II – PRODUCTS (Not Used)

PART III – EXECUTION (Not Used)

END OF SECTION 01 54 23

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SECTION 01 73 00
EXECUTION

PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:

A. This Section includes general procedural requirements governing execution of the Work including without
limitation the following:
1. Delivery of Materials
2. Contractor’s Superintendent
3. Surveys
4. Borings
5. Examination
6. Environmental Assessment
7. Preparation
8. Deferred Construction
9. Installation
10. Permits
11. Transportation
12. Sleeves and Hangers
13. Sleeve and Hanger Drawings
14. Cutting and Patching
15. Location of Partitions
16. Furniture and Equipment
17. Removal of Rubbish and Surplus Material
18. Cleaning
19. Security and Protection of Work Site
20. Maintenance of Site and Adjoining Property
21. Maintenance of Project Site
22. Safety Precautions for Control Circuits
23. Obstructions in Drainage Lines
24. Payment for Allowances

1.3 RELATED SECTIONS: Include without limitation the following:

A. Section 01 10 00 SUMMARY
B. Section 01 31 00 PROJECT MANAGEMENT AND COORDINATION
C. Section 01 33 00 SUBMITTAL PROCEDURES
D. Section 01 74 19 CONSTRUCTION WASTE MANAGEMENT & DISPOSAL
E. Section 01 77 00 CLOSEOUT PROCEDURES
F. Section 01 78 39 CONTRACT RECORD DOCUMENTS

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1.4 DEFINITIONS:
A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

Term Definition

The entity responsible for providing design services for the Project, including, without
limitation, preparing the construction documents (drawings and specifications) and
providing services in connection with such documents during construction. The entity
Design Consultant
serving as the “Design Consultant” may be a corporation, firm, partnership, joint venture,
individual or combination thereof. Such entity may be either an employee(s) of the City or
an entity engaged by the City to provide such services.

1.5 QUALITY ASSURANCE:

A. Land Surveyor Qualifications: A professional land surveyor who is licensed in the State of New York and
who is experienced in providing land-surveying services of the kind indicated.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION

3.1 DELIVERY OF MATERIALS:

A. Material Orders: The Contractor must furnish to the Commissioner a copy of each material order, indicating
date of order and quantity of material, and must also notify the Commissioner when materials have been
delivered to the Site and in what quantities.
B. Ample Quantities: The Contractor must deliver materials in ample quantities to ensure the most prompt and
uninterrupted progress of the Work so as to complete the Work within the Contract time.
C. Containers: The manufacturer's containers must be delivered with unbroken seals and must bear proper
labels.
D. Deliveries: The Contractor must coordinate deliveries in order to avoid delaying or impeding the progress
of the Work.
E. Handling: The Contractor must provide equipment and personnel to handle products by methods to prevent
soiling or damage.
1. Promptly inspect shipments to assure products comply with requirements, quantities are correct, and
products are undamaged.
2. Promptly return damaged shipments or incorrect orders to manufacturer.
3. For materials or equipment to be reused or salvaged, use special care in removal, storage and
reinstallation to insure proper function in completed Work.
F. Storage: Store products in accordance with provisions of Article 3.1 of the Standard Construction Contract,
and periodically inspect to assure that stored products are undamaged and are maintained under required
conditions.
G. Stacking: All materials must be properly stacked in convenient places adjacent to the Site, or where
directed, and protected in a satisfactory manner. Stacked materials must be arranged so as to not interfere
with visibility of traffic control devices.

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H. Overloading: If the Commissioner permits the storage of materials in any part of the Project area, they must
be so stored as to cause no overloading.
I. No Interference: If it becomes necessary to remove and restack materials to avoid impeding the progress
of any part of the Work or interfering with the Work to be done by any trade subcontractor, the Contractor
must remove and restack such materials at no additional cost to the City.

3.2 CONTRACTOR’S CONSTRUCTION SUPERINTENDENT:

A. Contractor’s Construction Superintendent: The Contractor must devote its time and personal attention to
the Work and must employ and retain at the Project Site, from commencement until Final Acceptance, a
Contractor's Construction Superintendent. The Contractor’s Construction Superintendent must be
registered with the New York City Department of Buildings (DOB) in compliance with the Construction
Superintendent Rule of the City of New York, be competent and capable of maintaining proper supervision
and care of the Work, and be acceptable to the Commissioner. The Construction Superintendent, in the
absence of the Contractor, and irrespective of any superintendent or foreman employed by any
subcontractor, must see that the instructions of the Commissioner are carried out.
B. Replacement: The Contractor's Construction Superintendent on the job must not be changed or removed
without the consent of the Commissioner.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.3

3.3 SURVEYS:
A. Line and Grade: The City will establish a baseline and bench mark near the Site of the Work for use by the
Contractor in connection with the performance of the Work.
B. Responsibility: The Contractor must establish all other lines and elevations required for the Work and must
be solely responsible for the accuracy thereof.
C. Safeguard All Points: The Contractor must safeguard all points, stakes, grade marks and bench marks
made or established by the Contractor on the Work. The Contractor must re-establish same if disturbed,
and bear the entire expense of rectifying the Work if improperly installed due to not maintaining, protecting
or removing without authorization from the Commissioner such established points, stakes, or marks.
D. City Monuments and Markers: No Work must be performed near City monuments or markers so as to
disturb them until the said monuments or markers have been referenced or reset or otherwise disposed of
by the relevant Agency or party who installed them.
E. Foundations: The Contractor must furnish certification from a licensed Surveyor that all portions of the
foundation Work are located in accordance with the Contract Drawings and at the elevations required
thereby. This certification must show the actual locations and the actual elevations of all the Work in relation
to the locations and elevations shown on the Contract Drawings, including, but not restricted to the
following:
1. The locations and elevations of all piles, if any.
2. Elevations of tops of all spread footings, tops of pile caps, and tops of all foundation walls, elevator
pit walls and ramp walls.
3. Location of all footing centers and pier centers including those for exterior wall columns.
4. Location of all foundation walls including wall columns, elevator pit walls and ramp walls.
F. Wall Lines: After the first courses of masonry or stone have been laid, the Contractor must establish the
permanent lines of exterior walls. The Contractor must promptly furnish certification from a licensed
Surveyor in the form of signed original drawings showing the exact location of such wall lines of all portions

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of all structures. Except at its own risk, the Contractor must not proceed further with the erection of walls
until the Surveyor's certification has been submitted and verified for correct location of wall lines.
G. Surveyor: The Surveyor selected for any of the purposes mentioned in Paragraph E and Paragraph F
above, and Paragraph I below, must be a land Surveyor licensed in the State of New York and must be
subject to the approval of the Commissioner. The Surveyor must not be a regular employee of the
Contractor, nor must the Surveyor have any interest in the Contract. The Surveyor's certification must
represent an independent and disinterested verification of all layout. The Surveyor must report to the
Department of Design and Construction's (DDC) Resident Engineer each time upon arrival to and departure
from the Site and review with the Resident Engineer the data required for the Project.
H. Final Certification: Final certification must be submitted upon completion of the Work or upon completion of
any subdivision of the Work as directed by the Commissioner. Any exceptions or deviations from the
Contract Drawings must be noted on the final certificate and must include any maps, plates, notes, pertinent
documents and data necessary, in the opinion of the Commissioner, to constitute a full and complete report.
I. Final Survey: The Contractor must submit to DDC for submission to DOB a final Survey by the licensed
Surveyor showing the location of the new Work, before completion of the Work. This Survey must show the
location of the first tier of beams or of the first floor; the finish grades of the open spaces on the plot; the
established curb level and the location of all other Work on the plan, together with the location and
boundaries of the lot or plot upon which the Work is constructed, curb cuts, all yard dimensions, etc.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.4

3.4 BORINGS:
A. The work of this article must be the responsibility of the Contractor unless otherwise indicated.
B. Reference Drawings: The boring drawings as listed on the title sheet are for information to the bidder and
are to be used under the conditions as follows:
1. Boring logs: shown on the boring drawings, record information obtained under engineering
supervision in the course of exploration carried out by or under the direction of DDC at the Site.
2. Soils and Rock Samples: All inferences are drawn from the indications observed as made by
engineering and scientific personnel. All such inferences and all records of the Work, including soil
samples and rock cores, if any, are available to bidders for inspection.
3. Certification of Samples: The City certifies that the Work was carried out as stated, and that the soil
samples and rock cores were actually taken from the site at the times, places, and in the manner
indicated on the boring drawings. The samples are available for inspection in DDC’s Subsurface
Exploration Unit.
4. Bidder’s Responsibility: The bidder, however, is responsible for any conclusions to be drawn from
the Work. If the bidder accepts those of the City, it must do so at its own risk. If the bidder prefers
not to assume such risk, the bidder is under the obligation of employing its own experts to analyze
the available information and must be responsible for any consequences of acting on their
conclusions.
5. Continuity Not Guarantee: The City does not guarantee continuity of conditions shown at actual
boring locations over the entire Site. Where possible, borings are located to avoid all obstructions
and previous construction which can be found by inspection of the surface. The bidder is required to
estimate the influence of such features from its own inspection of the Site.

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3.5 EXAMINATION:
A. Existing Conditions: The existence and location of Site improvements, utilities, and other construction
indicated as existing are not guaranteed. Before beginning the Work, the Contractor must investigate and
verify the existence and location of mechanical and electrical systems and other construction affecting the
Work.
1. Before construction, the Contractor must verify the location and points of connection of utility services.
B. Existing Utilities: The existence and location of underground utilities and other construction indicated as
existing are not guaranteed. Before beginning Site Work, the Contractor must investigate and verify the
existence and location of underground utilities and other construction affecting the Work.
1. Before construction, the Contractor must verify the location and invert elevation at points of
connection of sanitary sewer, storm sewer, water-service piping, and underground electrical services.
2. The Contractor must furnish location data for Work related to the Project that must be performed by
public utilities serving the Project Site.
C. Acceptance of Conditions: Examine all existing substrates, areas, and conditions, with the subcontractor
responsible for installation or application, for compliance with requirements for installation tolerances and
other conditions affecting performance. The Contractor must record observations of these examinations:
1. Verify compatibility with and suitability of substrates, including compatibility with existing finishes or
primers.
2. Examine roughing-in for mechanical and electrical systems to verify actual locations of connections
before equipment and fixture installation.
3. Examine walls, floors, and roofs for suitable conditions where products and systems are to be
installed.
Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the
Work indicates acceptance of surfaces and conditions.

3.6 ENVIRONMENTAL ASSESSMENTS:

A. City Responsibilities: An Environmental Assessment and survey is performed by DDC and its findings are
included in the Contract Documents. In accordance with the NYC Administrative Code Title 15 Chapter 1,
an asbestos survey is required to be performed by an Asbestos Investigator certified by the NYC
Department of Environmental Protection (DEP) to identify the presence of asbestos containing material
(ACM) prior to any alteration, renovation, or demolition activity. The findings of such survey are required
for the submission of approvals and permits issued by DOB. When the findings indicate that asbestos
containing material is present and will be disturbed during the alteration, renovation, or demolition activity,
then abatement design specifications will be incorporated into the Contract Documents. The Contractor
must comply with all federal, state and local asbestos regulations affecting the work for this Contract.

B. Contractor Responsibility: The Contractor must comply with all federal, state and local environmental
regulations, including without limitation, United States Environmental Protection Agency (EPA) and
Occupational Safety and Health Administration (OSHA) regulations, which require the Contractor to
assess if lead-based paint will be disturbed during the Work in order to protect the Contractor’s workers
and the building occupants from migration of lead dust into the air. The Contractor must comply with all
federal, state and local environmental waste disposal regulations which may be required during the Work.
The Contractor is required to hire licensed abatement and disposal companies for the requisite Work.

3.7 PREPARATION:
A. Field Measurements: The Contractor must verify all dimensions and conditions on the Site so that all Work
will properly join the existing conditions.

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B. Before commencing the Work, the Contractor must examine all adjoining materials on which its Work is in
any way dependent on good workmanship in accordance to the intent of the Specifications and the Contract
Drawings. The Contractor must report to the Commissioner any condition that will prevent it from
performing Work that conforms to the required Specifications.
C. Existing Utility Information: The Contractor must furnish information to the Commissioner that is necessary
to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility
appurtenances located in or affected by construction. Additionally, the Contractor must coordinate with
authorities having jurisdiction.
D. Space Requirements: The Contractor must verify space requirements and dimensions of items shown
diagrammatically on the Contract Drawings.

3.8 DEFERRED CONSTRUCTION:

A. In order to permit the installation of any item or items of equipment required to be furnished and installed
within the time allowed for completing the Work of the Contract, the Contractor must defer construction
Work limited to adequate areas as approved and certified by the Commissioner.
B. The Contractor must confer with the affected trade subcontractors and ascertain arrangements, time, and
facilities necessary to be made by the Contractor in order to execute the provisions specified herein.

3.9 INSTALLATION:
A. General: The Contractor must locate the Work and components of the Work accurately, in correct alignment
and elevation, as indicated.
1. Make vertical Work plumb and make horizontal Work level.
2. Where space is limited, install components to maximize space available for maintenance and ease of
removal for replacement.
3. Conceal pipes, ducts, and wiring in finished areas, unless otherwise indicated on the Contract
Drawings.
B. Comply with manufacturer's written instructions and recommendations for installing products in applications
indicated.
C. Install products at the time and under conditions that will ensure the best possible results. Maintain
conditions required for product performance until Substantial Completion.
D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in
excess of that expected during normal conditions of occupancy.
E. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels.
F. Templates: Obtain and distribute to the parties involved templates for Work specified to be factory-prepared
and field-installed. Check shop drawings of other work and work of trade subcontractors to confirm that
adequate provisions are made for locating and installing products to comply with indicated requirements.
G. Anchors and Fasteners: Provide anchors and fasteners as required to anchor each component securely
in place, accurately located and aligned with other portions of the Work.
1. Mounting Heights: Where mounting heights are not indicated, mount components at heights directed
by the Design Consultant.
2. Allow for building movement, including thermal expansion and contraction.
3. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions for
installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral

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anchors that are to be embedded in concrete or masonry. Deliver such items to Project Site in time
for installation.
H. Joints: Make joints of uniform width. Where joint locations in exposed Work are not indicated, arrange
joints for the best visual effect. Fit exposed connections together to form hairline joints.
I. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous.
3.10 PERMITS:
A. The Contractor must comply with all local, state and federal laws, rules, and regulations affecting the Work
of this Project, including, without limitation, (1) obtaining all necessary permits for the performance of the
Work prior to commencement thereof, and (2) complying with all requirements for the disposal of demolition
and/or construction debris, waste, etc., including disposal in City landfills. The Contractor must be
responsible for all costs in connection with such regulatory compliance, unless otherwise specified in the
Contract.
3.11 TRANSPORTATION:
A. Availability: The Contractor must determine the availability of transportation facilities and dockage for the
use of its employees, equipment, and materials, and the conditions under which such use will be permitted.
B. Costs: If transportation facilities and dockage are available and are permitted to be used by the
governmental agency having jurisdiction, the Contractor must pay all necessary costs and expenses, and
abide by all rules and regulations promulgated in connection therewith.
C. Vehicles: With respect to the use of vehicles on highways and bridges, the Contractor’s attention is directed
to the limitations set forth in the Rules of the City of New York, Title 34, Chapter 4, Section 4-15.
D. Continued Use: It is understood that the Commissioner makes no warranty as to the continued use by the
Contractor of such facilities.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.12
3.12 SLEEVES AND HANGERS:
A. Coordinate with Progress Schedule: The Contractor must promptly furnish and install conduits, outlets,
piping sleeves, boxes, inserts and all other materials and equipment that is to be built into the Work in
conformity with the requirements of the Project.
B. Cooperation of Subcontractors: All subcontractors must fully cooperate with each other in connection with
the performance of the above Work as “cutting in” new work is neither contemplated nor will it be tolerated.
C. Timeliness: To avoid delay, in the event that timely delivery of sleeves and other materials cannot be made,
the Contractor may arrange to have boxes or other forms set at the locations where the piping or other
material is to pass through or into the slabs, walls or other Work. Upon the subsequent installation of the
sleeves or other material, the Contractor must fill around them with materials as required by the Contract.
The necessary expenditures incurred for the boxing out and filling in must be borne by the Contractor.
D. Inserts: The Contractor is to install strip inserts four (4) foot on center and perpendicular to beams in ceiling
slabs of boiler, machine, and mechanical equipment rooms. Inserts are to be installed for strippable
concrete slabs only.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.13
3.13 SLEEVE AND PENETRATION DRAWINGS:
A. As soon as practicable after the commencement of Work, and when the order in which concrete for the first
slabs, walls, etc. to be poured is determined, the Contractor must submit to DDC a sketch indicating the
location and size of all penetrations for sleeves, ducts, etc. which will be required to accommodate the
mechanical trades in order to determine if such penetrations will materially weaken the Project’s structure.

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The sketch must be stamped and returned if approved and/or comments will be transmitted. The Contractor
must continue to submit sketches as the pouring schedule and the concrete Work progresses and until
approvals for the penetration sketches have been given. The Contractor must not predicate its layout Work
on unapproved sketches.

3.14 CUTTING AND PATCHING:

A. Responsibility: The Contractor must do all cutting, patching, and restoration required by its Work, unless
otherwise particularly specified in the Specifications.
B. Restore Work: The Contractor must restore any Work damaged during the performance of the Work.
C. Competent Workers: All restoration Work must be done to the satisfaction of the Commissioner by
competent workers skilled in the trade required by such restoration. If, in the judgment of the Commissioner,
workers engaged in restoration Work are incompetent, they must be replaced immediately by competent
workers.
D. Structural Elements: Do not cut and patch structural elements without the prior approval, in writing, of the
Resident Engineer.
E. Operational Elements: Do not cut and patch operating elements and related components.
F. Visual Requirements: Do not cut and patch construction in a manner that results in visual evidence of
cutting and patching. Do not cut and patch construction exposed on the exterior or in occupied spaces in
a manner that would, in the Commissioner’s opinion, reduce the building's aesthetic qualities. The
Contractor must remove and replace construction that has been cut and patched in a visually unsatisfactory
manner.
G. Existing Warranties: The Contractor must remove, replace, patch, and repair materials and surfaces cut or
damaged during cutting and patching operations, by methods and with materials so as not to void existing
warranties.
H. Removals: The Contractor must remove from the premises all demolished materials of every nature or
description resulting from cutting, patching, and restoration work, in accordance with the requirements
hereinafter stipulated under Sub-Section 3.17 herein and as further required in Section 01 74 19,
CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 3.15

3.15 LOCATION OF PARTITIONS:

A. Within three (3) weeks after the concrete slabs have been poured on each floor level, the Contractor must
immediately locate accurately all of the partitions, including the door openings, on the floor slabs in a manner
approved by the Resident Engineer.

3.16 FURNITURE AND EQUIPMENT:

A. Responsibility: The Contractor is responsible for moving all loose furniture and/or equipment in all areas
where the location of such furniture and/or equipment interferes with the proper performance of its Work.

B. Protection: All such furniture and/or equipment must be adequately protected with dust cloths and returned
to their original locations when directed to do so by the Resident Engineer.

3.17 REMOVAL OF RUBBISH AND SURPLUS MATERIALS:

A. Of the waste that is generated during demolition, as many of the waste materials as economically feasible
must be reused, salvaged, or recycled. Waste disposal in landfills must be minimized. Comply with
requirements of Section 01 74 19, CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL.

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

B. Rubbish: Rubbish must not be thrown from the windows or other parts of the Project. Mason's rubbish, dirt
and other dust-producing material must be wetted down periodically.
C. Location: The Contractor must clean the Project Site and Work area daily, sweep up, and deposit at a
location designated on each floor, all of its rubbish, debris, and waste materials as it accumulates or more
frequently when directed by the Resident Engineer. Wood crating must be broken up, neatly bundled, tied,
and stacked ready for removal and be deposited at a location designated on each floor.
1. Comply with requirements in NYC Fire Department for removal of combustible waste materials and
debris.
2. Do not hold materials more than seven (7) Days during normal weather or three (3) Days if the
temperature is expected to rise above 80 degrees F (27 degrees C).
3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark
containers appropriately and dispose of legally, according to regulations.
D. Laborers: Since the Contractor is responsible for the removal of all rubbish, etc., from the Site, the
Contractor must employ and keep engaged for this purpose an adequate number of laborers.
E. Surplus Materials: The Contractor must remove from the Site all surplus materials when there is no further
use for same.
F. Tools and Materials: At the conclusion of the Work, all erection plant, tools, temporary structures and
materials belonging to the Contractor must be promptly removed.
G. Waste Disposal: Burying or burning waste materials on-site will not be permitted. Washing waste materials
down sewers or into waterways will not be permitted.

3.18 CLEANING:
A. The Contractor must thoroughly clean all equipment and materials furnished and installed, and must deliver
such materials and equipment undamaged in a clean and new appearing condition up to date of Final
Acceptance.
B. Site: Maintain Project Site free of waste materials and debris.
C. Installed Work: Keep installed Work clean. Clean installed surfaces according to written instructions of
manufacturer or fabricator of the product installed, using only cleaning materials specifically recommended.
If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health
or property and that will not damage exposed surfaces.
D. Concealed Spaces: Remove debris from concealed spaces before enclosing the space.
E. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom
from damage and deterioration up to date of Final Acceptance.
F. During handling and installation, clean and protect construction in progress and adjoining materials already
in place. Apply protective covering where required to ensure protection from damage or deterioration up to
date of Final Acceptance.

3.19 SECURITY AND PROTECTION OF WORK SITE:

A. Provide protection of installed Work, including appropriate protective coverings, and maintain conditions
that ensure installed Work is without damage or deterioration up to date of Final Acceptance.
B. Comply with manufacturer's written instructions for temperature and relative humidity.
C. Secure and protect Work and Work Site against damage, loss, injury, theft and/or vandalism.
D. Maintain daily sign-in sheets of workers and visitors and make the sheets available to the Commissioner.

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

3.20 MAINTENANCE OF SITE AND ADJOINING PROPERTY:

A. The Contractor must take over and maintain the Project Site, after order to start Work.
B. The Contractor must be responsible for the safety of the adjoining property, including sidewalks, paving,
fences, sewers, water, gas, electric and other mains, pipes and conduits etc. until the date of Final
Acceptance. The Contractor must, at its own expense, except as otherwise specified, protect same and
maintain them in at least as good a condition as that in which the Contractor finds them.
C. All pavements, sidewalks, roads and approaches to fire hydrants must be kept clear at all times, maintained
and repaired to serviceable condition with materials to match existing.
D. Provide and keep in good repair all bridging and decking necessary to maintain vehicular and pedestrian
traffic.
E. The Contractor must also remove all snow and ice as it accumulates on the sidewalks within the Contract
Limits Lines.

3.21 MAINTENANCE OF PROJECT SITE:

A. The Contractor must take over and maintain all Project areas, after order to start Work.
B. Until the date of Final Acceptance, the Contractor must be responsible for the safety of all Project areas,
including water, gas, electric and other mains and pipes and conduits and must, at the Contractor’s own
expense, except as otherwise specified, protect same and maintain them in at least as good condition as
that in which the Contractor finds them.
C. All pavements, sidewalks, roads and approaches to fire hydrants must be kept clear at all times, maintained,
and if damaged, repaired to serviceable conditions with materials to match existing.
D. The Contractor must keep the space for the Resident Engineer in a clean condition.

3.22 SAFETY PRECAUTIONS FOR CONTROL CIRCUITS:

A. Control circuits, the failure of which will cause a hazard to life and property, must comply with DOB Bureau
of Electrical Control requirements.

3.23 OBSTRUCTIONS IN DRAINAGE LINES:

A. The Contractor must be responsible for all obstructions occurring in all drainage lines, fittings, and fixtures
after the installations and cleaning of these drainage lines, fittings, and fixtures, as certified by the Resident
Engineer. Roof drains must be kept clear of any and all debris. Any stoppage must be repaired immediately
at the expense of the Contractor.

3.24 PAYMENT OF ALLOWANCES:

A. Unless otherwise called for in the Specifications, the following requirements apply to the payment and execution
of Allowances established for the Contractor:
1. Allowances are to be utilized when ordered and authorized in writing by the Commissioner.
2. The Contractor will be paid on a time and materials (T&M) basis under the Allowance. Labor will be
paid based on the Contractor’s Certified Payrolls, all other expenses will be paid on an invoice basis.
A markup of twelve percent (12%) for overhead and ten percent (10%) for profit will be allowed,
except that no markup will be allowed on Payroll Taxes or on the premium portion of overtime pay or
on sales and personal property taxes.

END OF SECTION 01 73 00

EXECUTION
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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

SECTION 01 74 19
CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

PART I – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:
A. This section includes administrative and procedural requirements for the management and disposal of
construction waste and includes the following requirements:
1. Waste Management Goals
2. Waste Management Plan
3. Progress Reports
4. Progress Meetings
5. Management Plan Implementation
B. This section includes:
1. Definitions
2. Waste Management Performance Requirements
3. Reference Resources
4. Submittals
5. Quality Assurance
6. Waste Plan Implementation
7. Additional Demolition and Salvage Requirements
8. Disposal

1.3 RELATED SECTIONS: Include without limitation the following:

A. Section 01 10 00 SUMMARY
B. Section 01 31 00 PROJECT MANAGEMENT AND COORDINATION
C. Section 01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION
D. Section 01 73 00 EXECUTION
E. Section 01 77 00 CLOSEOUT PROCEDURES
F. Section 01 78 39 CONTRACT RECORD DOCUMENTS
G. Refer to the Addendum to identify whether this Project is designed to comply with a Certification Level
according to the U.S. Green Building Council’s LEED Rating System, as specified in Section 01 81 13.03
“SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v3 BUILDINGS” or Section 01 81 13.04
“SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v4 BUILDINGS”.

1.4 DEFINITIONS:
A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

Term Definition

Material other than earthen material placed on the surface of the active face of a
Alternative Daily Cover
municipal solid Waste landfill at the end of each Work Day to control vectors, fires,
(ADC)
odors, blowing litter and scavenging.

The entity responsible for providing design services for the Project, including
without limitation, preparing the construction documents (drawings and
specifications) and providing services in connection with such documents during
Design Consultant construction. The entity serving as the Design Consultant may be a corporation,
firm, partnership, joint venture, individual or combination thereof. Such entity may
be either an employee(s) of the City or an entity engaged by the City to provide
such services.

Clean Untreated and unpainted; not contaminated with oils, solvents, caulk or the like.

Solid Wastes typically including building materials, trash debris and rubble
Construction and
resulting from remodeling, repair and demolition operations. Hazardous materials
Demolition (C&D) Waste
and land clearing Waste are not included.

Material removal from the Site for Recycling, Reuse or Salvage that might
Diversion from Landfill
otherwise be sent to a landfill.

The ability of a product or material to be recovered at the end of its life cycle and
Recyclable
remanufactured into a new product.

To sort, separate, process, treat or reconstitute solid Waste and other discarded
materials for the purpose of redirecting such materials into the manufacture of
Recycle (recycling)
useful products. Recycling does not include burning, incinerating or thermally
destroying Waste.

Return To give back Reusable items or unused products to vendors.

To reuse excess or discarded construction material in some manner on the Project

Reuse
Site.

Salvage To remove a Waste material from the Project Site for resale or reuse.

Extra material or material that has reached the end of its useful life in its intended
Waste use. Waste includes Salvageable, Returnable, Recyclable and Reusable
material.

A Project-related plan for the collection, transportation and disposal of Waste

Waste Management Plan generated at the construction Site. The purpose of the plan is to ultimately reduce
the amount of material becoming landfill.

The conversion of non-Recyclable Waste materials into usable heat, electricity or

Waste-to-Energy fuel through a variety of processes, including combustion, gasification,
pyrolization, anaerobic digestion and landfill gas recovery.

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

1.5 WASTE MANAGEMENT PERFORMANCE REQUIREMENTS:

A. The City of New York has established that this Project must generate the least amount of Waste possible
and employ processes that ensure the generation of as little Waste as possible due to error, inaccurate
planning, breakage, mishandling, contamination, or other factors.
B. Of the Waste that is generated during demolition, as many of the Waste materials as economically
feasible, and as stated here, must be Reused, Salvaged, or Recycled. Waste disposal in landfills must
be minimized.
REFER TO THE ADDENDUM FOR THE APPLICABILITY OF SUB-SECTION 1.5 C
C. LEED CERTIFICATION: The City of New York will seek Leadership in Energy and Environmental Design
(LEED) certification for this Project as indicated in the Addendum to the General Conditions from the U.S.
Green Building Council. The documentation required here will be used for this purpose. LEED awards
points for a variety of sustainable design measures on a project, one of which is the Reuse and Recycling
of project Waste.
D. DIVERSION REQUIREMENTS. With the exception of LEED v4 projects with demolition ADC Waste, a
minimum of seventy-five percent (75%) of total Project demolition and construction Waste (by weight)
must be diverted from landfill. LEED v4 projects with demolition ADC Waste must divert a minimum of
fifty percent (50%) of total Project demolition and construction Waste (by weight) from landfill. The
following Waste categories are likely candidates to be included in the diversion plan as applicable for this
Project:
1. Concrete;
2. Bricks;
3. Concrete masonry units (CMU);
4. Asphalt;
5. Metals (e.g. banding, stud trim, ceiling grid, ductwork, piping, rebar, roofing, other trim, steel, iron,
galvanized, stainless steel, aluminum, copper, zinc, brass, bronze);
6. Clean dimensional wood;
7. Carpet and pad;
8. Drywall;
9. Ceiling tiles;
10. Cardboard, paper and packaging; and
11. Reuse items indicated on the Contract Drawings and/or elsewhere in the Specification.
E. All fluorescent lamps, High Intensity Discharge lamps and mercury-containing thermostats removed from
the Site must be Recycled. Do not use bulb crusher on Site.
F. Recycling on the job, subject to the Commissioner’s approval, is encouraged on the Site itself, such as
the crushing and reuse of removed sound concrete and stone. Include these categories in the Waste
Management Plan.
G. Land-clearing debris is not considered construction, demolition or renovation Waste and is not to be
included as contribution to Waste diversion.

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
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Issue Date: March 15, 2020

H. A minimum of five (5) material types, both structural and nonstructural, are to be identified in the
Construction Waste Management Plan for diversion.
I. For LEED v4 projects, material to be used as ADC does not qualify as material diverted from disposal.

1.6 REFERENCES, RESOURCES:

A. DDC encourages its contractors to seek information from websites and experts in Salvage or Recycling in
order to minimize disposal costs. There are numerous opportunities to sell, Salvage, or to donate
materials and accrue tax benefits (which would accrue to the Contractor); there are also outlets that will
pick up, and in some cases, buy Recyclable materials. Examples of information resources are as follows:
1. DDC’s Sustainable Design website: https://www1.nyc.gov/site/ddc/about/sustainable-design.page.
A standard Construction and Demolition (C&D) Waste Management Log form is included at the end
of this section.
2. Web Resources (information only; no warranty or endorsement is implied):
a. www.wastematch.org – Website of New York Waste Match, a materials exchange
database and service.
b. www.bignyc.org – Website of Build It Green NYC, a non-profit outlet for Salvaged and
surplus building materials.
c. www.usgbc.org – Website of the United States Green Building Council, with a description
of the LEED certification process and requirements for C&D Waste Recycling.
d. http://www.epa.gov/epawaste/index.htm – Website of the U.S. Environmental Protection
Agency (EPA) that discusses C&D Waste issues, and links to other resources.
3. Waste-to-Energy Facilities that need to comply with European Standard (EN) for Waste
management and emissions into air, soil, surface water and groundwater:
a. www.ec.europa.eu/environment/waste/framework/index.htm – European Commission
Waste Framework Directive 2008/98/EC.
b. http://www.europa.eu/legislation_summaries/environment/waste_management –
European Commission Waste Incineration Directive 2000/76/EC.
c. www.cen.eu/cen/Products – EN Standards 303-1, 303-2, 303-3, 303-4, 303-5, 303-6,
303-7.

1.7 SUBMITTALS:

A. The Contractor must refer to Section 01 33 00 SUBMITTAL PROCEDURES for submittal requirements.
B. The Contractor must be responsible for the development and implementation of a Waste Management
Plan for the Project. The Contractor’s subcontractors must assist in the development of that Plan, and
collect and deposit their Waste and Recyclable materials in accordance with the approved Plan.
C. Draft Waste Management Plan: Within fifteen (15) Days after receipt of the Notice to Proceed (NTP), or
prior to any Waste removal, whichever occurs sooner, the Contractor must submit to the Commissioner a
Draft Waste Management Plan. Include separate sections for C&D Waste. The Plan must demonstrate
how the performance goals will be met, and contain the following:
1. List of materials targeted for Reuse, Salvage, or Recycling, and names, addresses, and phone
numbers of receiving facilities/companies that will be purchasing or accepting each material.

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
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Issue Date: March 15, 2020

2. Description of on-Site and/or off-Site sorting methods for all materials to be removed from Site.
3. If mixed C&D Waste is to be sorted off-Site, provide a letter from the processor stating the average
percentage of mixed C&D Waste they Recycle.
4. Landfill information: Names of landfills where non-Recyclable/reusable/salvageable Waste will be
disposed, and list of applicable tipping fees.
5. Material handling procedures: Specify whether materials must be separated or commingled and
describe the planned diversion strategies. Describe expected amount of each material type, where
materials must be taken and how the Recycling facility must process the material. Provide a
description of the means by which any Recyclable, Salvaged, or Reused materials will be protected
from contamination and collected in a manner that will meet the requirements for acceptance by the
designated Recycling processors.
6. Transportation: A description of the means of transportation and destination for Recycled materials.
7. Meetings: Regular meetings must be held monthly, or as directed by the Commissioner, and the
Contractor must provide a description of these meetings to address Waste management.
8. Sample spreadsheet and description of how the implementation of the Plan will be documented and
submitted on a monthly basis.
D. Final Waste Management Plan: Within fifteen (15) Days of Commissioner’s approval of the Draft Waste
Management Plan, the Contractor must submit a Final Waste Management Plan.
E. Progress Reports: The Contractor must submit a monthly Waste Management Progress Report,
containing the following information:
1. Project title, name of company completing report, and dates of period covered by the report.
2. Report on the disposal of all Project Site Waste. A DDC C&D Waste Management Log form is
included at the end of this section. For each shipment of material removed from the Site, provide
the following:
a. Date and ticket number of removal;
b. Identity of material hauler;
c. Material category;
d. Total quantity of Waste, in tons/cubic yards, by type;
e. Quantity of Waste Salvaged, Recycled and/or Reused, by type;
f. Total quantity of Waste diverted from landfill (Recycled, Salvaged, Reused) as a percentage
of total Waste; and
g. Recipient of each material type.
3. Provide monthly and cumulative Project totals of Waste, quantity diverted, and percentage diverted.
4. Note that the unit of measurement may be either tons or cubic yards, but must be consistent for all
shipments and all materials throughout the Project. Reports with inconsistent or mixed units will not
be reviewed and will be Returned for re-submission.

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

5. Include legible copies of on-Site logs, weight tickets and receipts. Receipts must be from charitable
organizations, Recycling and/or disposal site operators who can legally accept the materials for the
purpose of reuse, Recycling or disposal. Contractor must save such original documents for the life
of the Project plus seven (7) years.
F. LEED Submittal: For LEED-designated projects, submit final LEED construction Waste report signed by the
Contractor, tabulating total Waste material, quantities diverted and means by which it is diverted, and
statement that requirements for the credit have been met. Waste report must include:
1. At least four (4) material streams for diverted materials;
2. Documentation of Recycling rates for commingled facilities; and
3. For Waste-to-Energy strategy, submit documentation of facility adherence to relevant EN
standards, and justification for the strategy.
G. Refrigerant Recovery: Where refrigerant is recovered, submit statement of refrigerant recovery, which must
include:
1. Name, address, qualification data and signature of the refrigerant recovery technician responsible
for recovering refrigerant;
2. Statement that all refrigerant that was present was recovered and that recovery was performed
according to EPA regulations; and
3. Date refrigerant was recovered.

1.8 QUALITY ASSURANCE:

A. The Contractor must designate a Construction Waste Management Representative to ensure compliance
with this section. The Representative must be present at the Project Site full-time and for the duration of the
Project.
B. Refrigerant Recovery Technician Qualifications: Certified by EPA-approved certification program.
C. Regulatory Requirements: Comply with hauling and disposal regulations of authorities having jurisdiction.
D. Waste Management Plans, documentation, and implementation must be discussed at the following
meetings:
1. Pre-demolition kick-off meeting;
2. Pre-construction kick-off meeting;
3. Regular job-site meetings; and
4. Contractor toolbox meetings.
E. For LEED v4 projects, Waste-to-Energy Facilities: Comply with EN standards for Waste management and
emissions into air, soil, surface water, and groundwater.

PART II – PRODUCTS (Not Used)

PART III – EXECUTION

3.1 WASTE PLAN IMPLEMENTATION:

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

A. Prior to the demolition and construction start, the Contractor must implement the Waste Management
Plan, coordinate the Plan with all affected trades, and designate one individual as the Construction Waste
Management Representative. The Representative will be responsible for communicating the progress of
the Plan with the Commissioner on a regular basis and for assembling the required LEED documentation.
B. The Contractor must be responsible for the provision of containers and the removal of all Waste, non-
Returned surplus materials and rubbish from the Site in accordance with the approved Waste
Management Plan. The Contractor must oversee and document the results of the Plan. Monies received
for Salvaged materials must remain with the Contractor, except the monies for those items specifically
identified elsewhere in the specifications or indicated on the Contract Drawings as belonging to others.
C. Responsibilities of subcontractors: Each subcontractor must be responsible for collecting its Waste, non-
Returned surplus materials and rubbish, in accordance with the Waste Management Plan.
D. Distribution: The Contractor must distribute copies of the Waste Management Plan to each subcontractor,
Resident Engineer, Construction Manager, and the Commissioner.
E. Instruction: The Contractor must provide on-Site instruction of proper Waste management procedures to
be used by all parties at appropriate stages of the Project.
F. Procedures: Conduct Waste management operations to ensure minimum interference with Site
vegetation, roads, streets, walkways and other adjacent, occupied, and used facilities. The waste
management operations include, but are not limited to:
1. Collect commingled Waste and/or separate all Recyclable Waste in accordance with the Plan.
Specific areas on the Project Site are to be designated, and appropriate containers and bins clearly
marked with acceptable and unacceptable materials.
2. Inspect containers and bins for contamination and remove contaminated materials if found.
3. Comply with the General Conditions for controlling dust and dirt, environmental protection, and
noise control.

3.2 ADDITIONAL DEMOLITION AND SALVAGE REQUIREMENTS:

A. Demolition and Salvage of additional items indicated in other sections of the Project Specifications require
special attention as part of the overall seventy-five percent (75%) Diversion from Landfill. Specific
requirements for special attention are designated in other sections of the Project Specifications.

3.3 DISPOSAL:
A. General: Except for items or material to be Salvaged, Recycled, or otherwise Reused, remove Waste
material from the Project Site and legally dispose of them in a manner acceptable to authorities having
jurisdiction.
1. Except as otherwise specified, do not allow Waste materials that are to be disposed of to
accumulate on Site.
2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas.
B. Burning: Do not burn Waste materials.
C. Disposal: Transport Waste materials off Project Site and legally dispose of them.

END OF SECTION 01 74 19

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 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT LOG

Project Name: Contractor:

Project I.D.: Prepared by:
For Month:

Material Quantity (tons or cubic yards)1

Haul Ticket *Total Excluded *Diverted *Landfilled
Hauling Company *Material Category2 *Material Recipient
Date # Weight Material3 Material4 Material

*Total *Diverted *Landfilled

Monthly Totals

% Diverted this Month*

Cumulative Totals

% Diverted to Date
Notes:
1. Volume (cubic yards) may be used instead of weight if used for ALL amounts and ALL materials.
2. Includes concrete; bricks; concrete masonry units (CMU); asphalt; metals; clean dimensional wood; carpet and pad; drywall; ceiling
tiles; cardboard, paper, and packaging; and any other Reuse items indicated on the Contract Drawings and/or elsewhere in the
Specifications.
3. Excluded material includes soil or land clearing debris and for LEED v4 projects, Alternative Daily Cover (ADC) such as screen fines
and 6” minus.
4. Diverted material includes Recycled and Reused material diverted from landfill. Recycled material is reprocessed into new products.
Reused material is reclaimed, Salvaged or otherwise used in its original form, either on-site or off-site.
* These items must be listed in order to receive LEED credit.
 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

SECTION 01 77 00
CLOSEOUT PROCEDURES

PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:
A. This section includes administrative and general procedural requirements for Closeout Procedures,
including, without limitation, the following:
1. Definitions
2. Substantial Completion
3. Final Acceptance
4. Warranties
5. Final Cleaning
6. Repair of the Work
B. LEED: Refer to the Addendum to identify whether this Project is designed to comply with a Certification
Level according to the U.S. Green Building Council's (USGBC) Leadership in Energy & Environmental
Design (LEED) Rating System, as specified in Section 01 81 13.03 “SUSTAINABLE DESIGN
REQUIREMENTS FOR LEED v3 BUILDINGS” or Section 01 81 13.04 “SUSTAINABLE DESIGN
REQUIREMENTS FOR LEED v4 BUILDINGS”.
C. COMMISSIONING: Refer to the Addendum to identify whether this Project will be commissioned by an
independent third party under separate contract with the City of New York. Commissioning must be in
accordance with ASHRAE and USGBC LEED- NC procedures, as described in Section 01 91 13,
GENERAL COMMISSIONING REQUIREMENTS. The Contractor must cooperate with the commissioning
agent and provide whatever assistance is required.

1.3 RELATED SECTIONS: include without limitation the following:

A. Section 01 10 00 SUMMARY
B. Section 01 33 00 SUBMITTAL PROCEDURES
C. Section 01 74 19 CONSTRUCTION WASTE MANAGEMENT & DISPOSAL
D. Section 01 78 39 CONTRACT RECORD DOCUMENTS
E. Section 01 79 00 DEMONSTRATION AND OWNER’S PRE-ACCEPTANCE ORIENTATION

1.4 DEFINITIONS:

A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

CLOSEOUT PROCEDURES
01 77 00 - 1
 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

Term Definition

The entity responsible for providing design services for the Project, including without
limitation, preparing the construction documents (drawings and specifications) and
providing services in connection with such documents during construction. The entity
Design Consultant
serving as the Design Consultant may be a corporation, firm, partnership, joint
venture, individual or combination thereof. Such entity may be either an employee(s)
of the City or an entity engaged by the City to provide such services.

1.5 SUBSTANTIAL COMPLETION:

A. Preliminary Procedures: Before requesting inspection to determine the date of Substantial Completion, the
Contractor must complete and supply all items required by the Contract Specifications, General Conditions,
Addendum to the General Conditions, change orders or other directives from the Commissioner’s
representatives. The required items will include all Contract requirements for Substantial Completion,
including, but not limited to, items related to releases, regulatory approvals, warranties and guarantees,
record documents, testing, demonstration and orientation, final clean up and repairs, and all specific checklist
of items by the Resident Engineer. (See Attachment “A” at the end of this section for sample requirements for
Substantial Completion).
B. The Contractor must prepare and submit a list to the Resident Engineer of incomplete items, the value of
incomplete construction, and reasons the Work is not complete.
C. Inspection: The Contractor must submit to the Resident Engineer a written request for inspection for
Substantial Completion. Within ten (10) Days of receipt of the request, the Resident Engineer will either
proceed with inspection or notify Contractor of unfulfilled requirements. The Resident Engineer may request
the services, as required, of the Design Consultant, client agency representative and/or other entities having
involvement with the Work to assist in the inspection of the Work. If the Resident Engineer makes a
determination that the Work is Substantially Complete and approves the Final Approved Punch List and the
date for Final Acceptance, he/she will so advise the Commissioner and recommend issuance of the
Certificate of Substantial Completion. If the Resident Engineer determines that the Work is not substantially
complete, he/she will notify the Contractor of those items that must be completed or corrected before the
Certificate of Substantial Completion will be issued.
1 Re-inspection: Contractor must request re-inspection when the Work identified in previous
inspections as incomplete are completed or corrected.
2 Results of completed inspection will form the basis of the requirements for Final Acceptance.

1.6 FINAL ACCEPTANCE:

A. Preliminary Procedures: Before requesting final inspection for Final Acceptance of the Work, the
Contractor must complete the following. (Note that the following are to be completed, submitted as
appropriate, and approved by the Commissioner, as applicable, prior to the final inspection and are not to
be submitted for approval or otherwise at the final inspection unless specifically indicated). List
exceptions in the request.
1. Verify that all required submittals have been provided to the Commissioner including, but not limited
to, the following:
a. Manufacturer's cleaning instructions;
b. Posted instructions;
c. As-built Contract Documents (Drawings, Specifications, and product data) as described in
Section 01 78 39, CONTRACT RECORD DOCUMENTS, incorporating any changes required

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by the Commissioner as a result of the review of the submission prior to the pre-final
inspection;
d. Operation and maintenance manuals, including preventive maintenance, special tools, repair
requirements, parts list, spare parts list, and operating instructions;
e. Completion of required demonstration and orientation, as applicable, of designated personnel
in operation and maintenance of systems, sub-systems and equipment;
f. Applicable LEED Building submittals as described in Section 01 81 13.03, SUSTAINABLE
DESIGN REQUIREMENTS FOR LEED v3 BUILDINGS or Section 01 81 13.04
SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v4 BUILDINGS; and
g. Construction progress photographs as described in Section 01 32 33, PHOTOGRAPHIC
DOCUMENTATION.
2. Submit a certified copy of the Final Approved Punch List of items to be completed or corrected.
The certified copy of the Punch List must state that each item has been completed or otherwise
resolved for acceptance, and must be endorsed and dated by the Contractor.
3. Submit pest-control final inspection report and survey as required in Section 01 50 00,
TEMPORARY FACILITIES AND CONTROLS.
4. Submit record documents and similar final record information.
5. Deliver tools, spare parts, extra stock and similar items.
6. Complete final clean-up requirements including touch-up painting of marred surfaces.
7. Submit final meter readings for utilities, as applicable, a measured record of stored fuel, and similar
data as of the date when the City took possession of and assumed responsibility for corresponding
elements of the Work.
B. Final Inspection: The Contractor must submit to the Resident Engineer a written request for inspection for
Final Acceptance of the Work. Within ten (10) Days of receipt of the request, the Resident Engineer will
either proceed with inspection or notify the Contractor of unfulfilled requirements. The Resident Engineer
may request the services, as required, of the Design Consultant, client agency representative and/or
other entities having involvement with the Work to assist in the inspection of the Work. If the Resident
Engineer finds that all items on the Final Approved Punch List are complete and no further Work remains
to be done, he/she will so advise the Commissioner and recommend the issuance of the determination of
Final Acceptance. If the Resident Engineer determines that the Work is not complete, he/she will notify
the Contractor of those items that must be completed or corrected before the determination of Final
Acceptance will be issued.
C. Final Acceptance: The Work will be accepted as final and complete as of the date of the Resident
Engineer’s inspection if, upon such inspection, the Resident Engineer finds that all items on the Final
Approved Punch List are complete and no further Work remains to be done. The Commissioner will then
issue a written determination of Final Acceptance.

1.7 WARRANTIES:
A. Schedule B of the Addendum lists the items of materials and/or equipment for which manufacturer
warranties are required. For each item of material and/or equipment listed in Schedule B, the Contractor
must obtain a written warranty from the manufacturer. Such warranty must provide that the material or
equipment is free from defects for the period set forth in Schedule B and will be replaced or repaired
within such specified period. The Contractor must deliver all required warranties to the Commissioner.
B. Unless indicated otherwise, warranties are to take effect on the date of Substantial Completion.

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C. Submittal Time: Submit written warranties on request of the Commissioner for designated portions of the
Work where commencement of warranties other than date of Substantial Completion is indicated.
D. Partial Occupancy: Submit properly executed warranties to the Commissioner within fifteen (15) Days of
completion of designated portions of the Work that are completed and occupied or used by the City.
E. Organize the warranty documents into an orderly sequence based on the Project Specification Divisions
and Section Numbers.
1. Bind warranties in heavy-duty, 3-ring, vinyl-covered, loose-leaf binders, thickness as necessary to
accommodate contents, and sized to receive 8-1/2-by-11-inch paper.
2. Identify each binder on the front and spine with the typed or printed title "WARRANTIES"; name and
location of Project; Capitol Budget Project Number (FMS ID); and Contractor’s and applicable
subcontractor’s name and address.
3. Provide heavy paper dividers with plastic-covered tabs for each separate warranty. Mark tab to
identify the product or installation.
4. Provide a typed description of each product or installation being warranted, including the name of the
product, and the name, address, and telephone number of the installer.
F. When warranted materials and/or equipment require operation and maintenance manuals, provide
additional copies of each required warranty in each required manual. Refer to Section 01 78 39,
CONTRACT RECORD DOCUMENTS, for requirements of operation and maintenance manuals.

PART II – PRODUCTS

2.1 MATERIALS:
A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the
surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or
that might damage finished surfaces.

PART III – EXECUTION

3.1 FINAL CLEANING:

A. General: Provide final cleaning. Conduct cleaning and waste-removal operations to comply with local laws
and ordinances and federal and local environmental and antipollution regulations.
B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or
unit to condition expected in an average commercial building cleaning and maintenance program. Comply
with manufacturer's written instructions.
1. Complete the following cleaning operations, as applicable, before requesting inspection for Final
Acceptance of the Work for the entire Project or for a portion of the Project:
a. Clean Project Site, yard, and grounds in areas disturbed by construction activities, including
landscape development areas, of rubbish, waste material, litter, and other foreign substances.
b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign
deposits.
c. Rake grounds that are neither planted nor paved to a smooth, even-textured surface.
d. Remove tools, construction equipment, machinery, and surplus material from Project Site.
e. Remove snow and ice to provide safe access to building.

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f. Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condition, free of stains,
films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces.
Restore reflective surfaces to their original condition.
g. Remove debris and surface dust from limited access spaces, including roofs, plenums, shafts,
trenches, equipment vaults, manholes, attics, and similar spaces.
h. Sweep concrete floors broom clean in unoccupied spaces.
i. Vacuum carpet and similar soft surfaces, removing debris and excess nap; shampoo if visible
soil or stains remain.
j. Clean transparent materials, including mirrors and glass in doors and windows. Remove
glazing compounds and other noticeable, vision-obscuring materials. Replace chipped or
broken glass and other damaged transparent materials. Polish mirrors and glass, taking care
not to scratch surfaces.
k. Remove labels that are not permanent.
l. Touch up and otherwise repair and restore marred, exposed finishes and surfaces. Replace
finishes and surfaces that cannot be satisfactorily repaired or restored or that already show
evidence of repair or restoration.
1) Do not paint over "UL" and similar labels, including mechanical and electrical
nameplates.
m. Wipe surfaces of mechanical and electrical equipment and similar equipment. Remove excess
lubrication, paint and mortar droppings, and other foreign substances.
n. Replace parts subject to unusual operating conditions.
o. Clean plumbing fixtures to a sanitary condition, free of stains, including stains resulting from
water exposure.
p. Replace disposable air filters and clean permanent air filters. Clean exposed surfaces of
diffusers, registers, and grills.
q. Clean ducts, blowers, and coils if units were operated without filters during construction.
r. Clean light fixtures, lamps, globes, and reflectors to function with full efficiency. Replace
burned-out bulbs, and those noticeably dimmed by hours of use, and defective and noisy
starters in fluorescent and mercury vapor fixtures to comply with requirements for new fixtures.
s. Leave Project clean and ready for occupancy.
t. Construction Waste Disposal: Comply with waste disposal requirements in Section 01 74 19,
CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL.
C. Pest Control: Engage an experienced, licensed exterminator to make a final inspection and rid Project of
rodents, insects, and other pests, as required in Section 01 50 00, TEMPORARY FACILITIES,SERVICES
AND CONTROLS. Prepare and submit a pest control report to the Commissioner.
D. Comply with all applicable safety standards for cleaning. Do not burn waste materials. Do not bury debris
or excess materials on City’s property. Do not discharge volatile, harmful, or dangerous materials into
drainage systems. Remove waste materials from Project Site and dispose of lawfully.

3.2 REPAIR OF THE WORK:

A. Subject to the terms of the Contract, the Contractor must complete repair and restoration operations before
requesting inspection for determination of Substantial Completion.

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B. Contractor must repair or remove and replace defective construction. Repairing includes replacing defective
parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating
equipment. Where damaged or worn items cannot be repaired or restored, provide replacements. Remove
and replace operating components that cannot be repaired. Restore damaged construction and permanent
facilities used during construction to specified condition.
1. Remove and replace chipped, scratched, and broken glass, reflective surfaces, and other
damaged transparent materials.
2. Touch up and otherwise repair and restore marred or exposed finishes and surfaces. Replace
finishes and surfaces that that already show evidence of repair or restoration.
a. Do not paint over "UL" and other required labels and identification, including mechanical
and electrical nameplates. Remove paint applied to required labels and identification.
3. Replace parts subject to operating conditions during construction that may impede operation or
reduce longevity.
4. Replace burned-out bulbs, bulbs noticeably dimmed by hours of use, and defective and noisy
starters in fluorescent and mercury vapor fixtures to comply with requirements for new fixtures.

END OF SECTION 01 77 00

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SECTION 01 77 00

ATTACHMENT ‘A’

The following list is a general sample of Substantial Completion requirements, including, but not
limited to:
1. Prepare and submit a list to the Resident Engineer of incomplete items, the value of incomplete
construction, and reasons the Work is not complete.
2. Obtain and submit any necessary releases enabling the City unrestricted use of the Project and
access to services and utilities.
3. Regulatory Approvals: Submit all required documentation from applicable governing authorities,
including, but not limited to, the New York City Department of Buildings (DOB); Department of
Transportation (DOT); Department of Environmental Protection (DEP); Fire Department (FDNY);
etc. Documentation includes, but is not limited to, the following:
a. Building permits, applications and sign-offs;
b. Permits and sign-off for construction fences; sidewalk bridges; scaffolds, cranes and derricks;
utilities; etc.;
c. Certificates of inspections and sign-offs;
d. Required certificates and use permits; and
e. Certificate of Occupancy (C.O.), Temporary Certificate of Occupancy (T.C.O.) or Letter of
Completion as applicable.
4. Submit specific warranties required by the Specifications, final certifications, and similar documents.
5. Prepare and submit Contract Documents as described in Section 01 78 39, CONTRACT RECORD
DOCUMENTS, including but not limited to:
a. Approved documentation from governing authorities;
b. As-built record drawings and Specifications; product data; operation and maintenance
manuals;
c. Final Completion construction photographs;
d. Damage or settlement surveys;
e. Final property surveys; and
f. Similar final record information.
g. The Resident Engineer will review the submission and provide appropriate comments. If
comments are significant, the initial submission will be returned to the Contractor for
correction and re-submission incorporating the comments prior to the Final Inspection.
6. Record Waste Management Progress Report: Submit Construction & Demolition (C&D) Waste
Management logs, with legible copies of weight tickets and receipts required in accordance with
Section 01 74 19, CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL.
7. If applicable submit LEED letter template in accordance with the requirements of Section 01 81
13.03, SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v3 BUILDINGS or Section 01 81
13.04 SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v4 BUILDINGS.

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8. Schedule applicable demonstration and orientation required in other sections of the Project
Specifications and as described in Section 01 79 00, DEMONSTRATION AND OWNER’S PRE-
ACCEPTANCE ORIENTATION.
9. Deliver tools, spare parts, extra materials, and similar items to location designated by Resident
Engineer. Label with manufacturer's name and model number where applicable.
10. Make final changeover of permanent locks and deliver keys to the Resident Engineer. Advise
Commissioner of changeover in security provisions.
11. Complete startup testing of systems as applicable.
12. Submit approved test/adjust/balance records.
13. Terminate and remove temporary facilities from Project Site, along with mockups, construction
tools, and similar elements as directed by the Resident Engineer.
14. If applicable, complete Commissioning requirements as defined in Section 01 91 13, GENERAL
COMMISSIONING REQUIREMENTS FOR MEP SYSTEMS and/ or Section 01 91 15, BUILDING
ENCLOSURE COMMISSIONNING REQUIREMENTS.
15. Complete final cleaning requirements, including touchup painting.
16. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects.

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SECTION 01 78 39
CONTRACT RECORD DOCUMENTS

PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].
1.2 SUMMARY:

A. This section includes administrative and general procedural requirements for Contract Record Documents,
including:
1. Contract Record Drawings
2. Record Specifications, Addenda and Change Orders
3. Record Product Data
4. Record Sample Submittal
5. Construction Record Photographs
6. Operating and Maintenance Manuals
7. Final Site Survey
8. Demonstration and Orientation DVD
9. Guarantees and Warranties
10. Waste Disposal Documentation
11. LEED Materials and Matrix
12. Miscellaneous Record Submittals
B. The Department of Design and Construction (DDC), at the start of construction (kick-off meeting), will
furnish to the Contractor, at no cost, a complete set of Contract Record Drawings Mylars (reproducible)
pertaining to the Work to be performed under the Contract. It is the responsibility of the Contractor to modify
the Contract Drawings to indicate all changes and corrections, if any, occurring in the Work as actually
installed. The Contractor is required to furnish all other Mylar (reproducible) drawings, if necessary, such
as Addenda Drawings and Supplementary Drawings as may be necessary to indicate all Work in detail as
actually completed. All professional seals must be blocked out. Title box complete with Project title and
Design Consultants’ names will remain.
C. Maintenance of Documents and Samples: The Contractor must maintain, during the progress of the Work,
an accurate record of the Work as actually installed, on Contract Record Drawings Mylars in ink
(reproducible). Store Contract Record Documents and samples in the field office apart from the Contract
Documents used for construction. Do not use Contract Record Documents for construction purposes.
Maintain Contract Record Documents in good order and in a clean, dry, legible condition. Make documents
and samples available at all times for the Resident Engineer’s inspections.
1. The Contractor's attention is particularly directed to the necessity of keeping accurate records of all
subsurface and concealed Work, so that the Contract Record Drawings contain this information in exact
detail and location. Contract Record Drawings must also show all connections, valves, gates, switches,
cut-outs and similar operating equipment.

CONTRACT RECORD DOCUMENTS

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2. For projects designated to achieve a Leadership in Energy and Environmental Design (LEED) rating,
the Contractor will receive a copy of the Project’s LEED scorecard for the purpose of monitoring
compliance with the target objectives and to facilitate coordination with the LEED Consultant. The
Contractor will receive periodic updates of this scorecard and is required to submit the final version of
the Scorecard at Substantial Completion with other Project Record Documents.
1.3 RELATED SECTIONS: include without limitation the following:

A. Section 01 10 00 SUMMARY
B. Section 01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION
C. Section 01 32 33 PHOTOGRAPHIC DOCUMENTATION
D. Section 01 33 00 SUBMITTAL PROCEDURES
E. Section 01 77 00 PROJECT CLOSEOUT PROCEDURES

1.4 DEFINITIONS:
A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

Term Definition

Commissioning Authority / The entity responsible for providing commissioning services for the Project. The
Commissioning Agent entity serving as the CxA may be either an employee(s) of the City or an entity
(CxA) engaged by the City to provide such services.

The entity responsible for providing design services for the Project, including
without limitation, preparing the construction documents (drawings and
specifications) and providing services in connection with such documents during
Design Consultant construction. The entity serving as the Design Consultant may be a corporation,
firm, partnership, joint venture, individual or combination thereof. Such entity may
be either an employee(s) of the City or an entity engaged by the City to provide
such services.

The entity responsible for providing LEED sustainability services for the Project.
LEED Consultant The entity serving as the LEED Consultant may be either an employee(s) of the
City or an entity engaged by the City to provide such services.

1.5 SUBMITTALS:
A. As-Built Contract Record Drawings: The Contractor must comply with the following:
1. Progress Submission: As directed by the Resident Engineer, submit progress as-built Contract
Record Drawings at the fifty percent (50%) construction completion stage.
2. Final Submission: Before Substantial Completion payment, the Contractor must furnish to the
Commissioner one (1) complete set of marked-up Mylar (reproducible) as-built Contract Record
Drawings, in ink indicating all of the Work and locations as actually installed, plus one (1) set of
paper prints which will be furnished to the sponsoring agency by DDC.
3. As-built Contract Record Drawings must be of the same size as that of the Contract Drawings, with
a one (1) inch margin on three (3) sides and a two (2) inch margin on the left side for binding.
4. Each as-built Contract Record Drawing must bear the legend "AS-BUILT CONTRACT RECORD
DRAWING" in heavy block lettering, one half (l/2) inch high, and contain the following data:

CONTRACT RECORD DOCUMENTS

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AS-BUILT CONTRACT RECORD DRAWING

Contractor's Name _______________________
Contractor's Address _______________________
Subcontractor’s Name (where applicable) _______________________
Subcontractor’s Address _______________________
Made by: Date _______________________
Checked by: Date _______________________

Commissioner's Representatives
(Resident Engineer) DDC
(Plumbing Inspector) DDC
(Heating & Ventilating Inspector) DDC
(Electrical Inspector) DDC
5. Contract Record Drawing Title Sheet: The Contractor must prepare a title sheet, the same size as
the Contract Record Drawings, which must contain the following:
a. Heading:
The City of New York
Department of Design and Construction
Division of Public Buildings
b. Capital Budget Project Number (FMS ID)
c. Name and Location of Project
d. Contractor's Name and Address
e. Subcontractor’s Name and Address (where applicable)
f. Record of changes (a caption description of work affected, and the date and number of change
order or other authorization)
g. List of Record Drawings
B. Record Specifications, Addenda and Change Order: Submit to the Commissioner two (2) copies each of
marked-up Record Specifications, Addenda and change orders.
C. Record Product Data: Submit to the Commissioner two (2) sets of Record Product Data.
D. Record Construction Photographs: Submit to the Commissioner final as-built construction photographs
and negatives of the completed Work as described in Section 01 32 33, PHOTOGRAPHIC
DOCUMENTATION.
E. Operating and Maintenance Manuals:
1. Submit three (3) copies each of preliminary manuals to the Resident Engineer for review and
approval. The Contractor must make such corrections, changes and/or additions to the manual until
deemed satisfactory by the Resident Engineer. Deliver three (3) copies of the final approved
manuals to the Resident Engineer for distribution.
2. Commissioning: Comply with the requirements of Section 01 91 13, GENERAL COMMISSIONING
REQUIREMENTS, as well as the requirements set forth in sections of the Project Specifications, for
projects designated for commissioning. Submit four (4) copies each of data designated to be
included in the commissioning operation and maintenance manual to the Resident Engineer. The
Resident Engineer will forward such data to the Commissioning Authority/Agent (CxA) for review
and comment. The Contractor must make such corrections, changes and/or additions to the data
until deemed satisfactory and deliver four (4) copies of the final data to the Resident Engineer for
use by the CxA to prepare the commissioning operation and maintenance manual.
a. Non-Commissioning Data: All remaining data not designated for commissioning and required
as part of maintenance and operation manual must be prepared and assembled in accordance
with the requirements of this section for operating and maintenance manuals.

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F. Final Site Survey: Submit Final Site survey as described in Section 01 73 00, EXECUTION, in quantities
requested by the Commissioner, signed and sealed by a Land Surveyor licensed in the State of New York.
G. Guarantees and Warranties.
H. Waste Disposal Documents and Miscellaneous Record Documents.

PART II – PRODUCTS

2.1 CONTRACT RECORD DRAWINGS:

A. Record Prints: The Contractor must maintain one (1) set of blue- or black-line white prints as applicable of
the Contract Record Drawings and Shop Drawings. If applicable, the Contract Record Drawings and Shop
Drawings must incorporate the arrangement of the Work based on the accepted master coordination
drawing(s) as described in Section 01 33 00, SUBMITTAL PROCEDURES.
1. Preparation: The Contractor must mark record drawings to show the actual installation where
installation varies from that shown originally. Require individual or entity who obtained record data,
whether individual or entity is installer, subcontractor, or similar entity, to prepare the marked-up
Record Prints.
a. Give particular attention to information on concealed elements that would be difficult to identify
or measure and record later.
b. Accurately record information in an understandable drawing technique.
c. Record data as soon as possible after obtaining it. Record and check the markup before
enclosing concealed installations.
2. Change Orders: All changes from Contract Drawings must be distinctly encircled and identified by
change order number correlating to changes listed on the "Title Sheet." The Contractor must show
within the encircled areas the work as actually installed.
B. Content: Types of items requiring marking include, but are not limited to, the following:
1. Dimensional changes to Contract Record Drawings;
2. Revisions to details shown on Contract Record Drawings;
3. Depths of foundations below first floor;
4. Locations and depths of underground utilities;
5. Revisions to routing of piping and conduits;
6. Revisions to electrical circuitry;
7. Actual equipment locations;
8. Duct size and routing;
9. Locations of concealed internal utilities;
10. Changes made by change order;
11. Changes made following Commissioner’s written orders;
12. Details not on the original Contract Drawings;
13. Field records for variable and concealed conditions; and
14. Record information on the Work that is shown only schematically.
C. Progress Record Mylar’s (reproducible): As directed by the Resident Engineer, at fifty percent (50%)
construction completion, review marked-up Record Prints with the Resident Engineer and the Design
Consultant. When directed by the Resident Engineer, transfer progress mark-ups to a full set of Mylar’s
(reproducible) and submit one (1) blue line or black line record copy to the Resident Engineer. The marked-
up Mylar’s (reproducible) must be retained by the Contractor for completion of mark-up and final
submission.
D. Final Contract Record Mylar’s (reproducible): Immediately before final inspection for the Certificate of
Substantial Completion, review marked-up record prints with the Resident Engineer and the Design

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Consultant. When authorized, complete mark-up of a full set of corrected Mylar drawings (reproducible) of
the Contract Drawings.
1. Incorporate changes and additional information previously marked on Record Prints. Erase, redraw,
and add details and notations where applicable.
2. Refer instances of uncertainty to Resident Engineer for resolution.
3. Print the as-built Contract Record Drawings and Shop Drawings for use as record transparencies as
described in Sub-Section 1.5.

2.2 RECORD SPECIFICATIONS, ADDENDA AND CHANGE ORDERS:

A. Preparation: Mark Specifications to indicate the actual product installation where installation varies from
that indicated in Specifications, Addenda, and Contract modifications.
1. Give particular attention to information on concealed products and installations that cannot be readily
identified and recorded later.
2. Mark copy with the proprietary name and model number of products, materials, and equipment
furnished, including substitutions and product options selected.
3. Record the name of manufacturer, supplier, installer, and other information necessary to provide a
record of selections made.
4. For each principal product, indicate whether record product data has been submitted in operation
and maintenance manuals instead of submitted as record product data.
5. Note related change orders and Contract Record Drawings where applicable.
6. Upon completion of mark-up, submit two (2) complete copies of the marked-up record Specifications
to the Commissioner.

2.3 RECORD PRODUCT DATA:

A. Preparation: Mark product data to indicate the actual product installation where installation varies
substantially from that indicated in product data submittal.
1. Give particular attention to information on concealed products and installations that cannot be readily
identified and recorded later.
2. Include significant changes in the product delivered to Project Site and changes in manufacturer's
written instructions for installation.
3. If possible, a change order proposal should include resubmitting updated product data. This
eliminates the need to mark up the previous submittal.
4. Note related change orders and Contract Record Drawings where applicable.
5. Upon completion of mark-up, submit to the Commissioner two (2) sets of the marked-up record
product data.
6. Where record product data is required as part of maintenance manuals, submit marked-up product
data as an insert in the manual instead of submittal as record product data.

2.4 RECORD SAMPLE SUBMITTAL:

A. Prior to the date of Substantial Completion, the Contractor must meet with the Resident Engineer at the
Site to determine which of the samples maintained during the construction period must be transmitted to
the Commissioner for record purposes.

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B. Comply with the Resident Engineer’s instructions for packaging, identification marking, and delivery to
DDC. Dispose of other samples as specified for disposal of surplus and waste material.

2.5 CONSTRUCTION RECORD PHOTOGRAPHS:

A. The Contractor must submit the final completion construction photographs, in compliance with Section 01
32 33 PHOTOGRAPHIC DOCUMENTATION.

2.6 OPERATING AND MAINTENANCE MANUALS:

A. The Contractor must provide preliminary and final versions of operating and maintenance manuals
required for those systems, equipment, and materials listed in other Sections of the Project
Specifications.
B. Format: Prepare and assemble operation and maintenance manuals in heavy-duty, 3-ring, hardback
loose leaf binders in the form of an instructional manual. All binders for each discipline must be the same
color. When multiple binders are used, correlate data into related consistent groupings. Binder front must
contain permanently attached labels displaying the following:
1. Heading:
The City of New York
Department of Design and Construction
Division of Public Buildings
2. Capital Budget Project Number (FMS ID)
3. Name and Location of Project
4. Contractor’s Name and Address
5. Subcontractor’s Name and Address (where applicable)
6. Dates of the Work covered by the contents of the Project Manual.
7. Binder spine must display Project Number (FMS ID) and date of completion.
C. Organization: Include a section in the directory for each of the following:
1. List of documents
2. List of systems
3. List of equipment
4. Table of contents
D. Each manual must contain the following materials, in the order listed:
1. Title page
2. Table of contents
3. Manual contents
E. Arrange contents alphabetically by system, subsystem, and equipment. Cross-reference Specification
Section numbers. Provide tabbed flyleaf for each separate product, equipment and/or system/subsystem
with typed description of product and major component parts of equipment.
F. Safety warnings or cautions must be visibly highlighted within each maintenance procedure. Use of such
highlights must be limited to only critical items and must not be used in an excessive manner which would
reduce their effectiveness.
G. For each product or system, list names, addresses and telephone numbers of subcontractors and
suppliers, including local source of supplies and replacement parts. Vendors and supplier listings are to
include names, addresses and telephone numbers, including nearest field service telephone numbers.
H. Where contents of the manual include any manufacturer’s catalog pages, clearly indicate the precise
items and options included in the installation and delete all manufacturers’ data regarding products not
included in the installation.

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I. All material within manuals must be new. Copies used for prior submittals or used in construction must
not be used.
J. Submit preliminary and final manual editions to the Commissioner according to the approved progress
schedule.
K. Manuals must present all technical material to the greatest extent possible, with respect to text, tabular
matter and illustrations. Illustrations must preferably consist of line drawings. All applicable drawings
must be included. If available, color photograph prints may be included.
L. Preliminary manual editions must be as technically complete as the final manual edition. All illustrations
must be in final forms.
M. Final manual editions must be technically accurate and complete and must represent all “as-built”
systems, pieces of equipment, or materials, which have been accepted by the Commissioner. All
illustrations, text and tabular material must be in final form. All shop drawings must be included as
specified in individual Specification Sections.
N. Building products, applied materials, and finishes: Include product data, with catalog number, size,
composition, and color texture designations. Where applicable, provide information for re-ordering
custom manufactured products.
O. Instructions for care and maintenance: Include manufacturers’ recommendations for cleaning agents and
methods, and recommended schedule for cleaning and maintenance.
P. Moisture protection and weather exposed products: Include product data listing applicable reference
standards, chemical compositions, and details of installation. Provide recommendations for inspections,
maintenance, and repair.
Q. Additional requirements: Specified in individual Specification Sections.

2.7 FINAL SITE SURVEY

A. The Contractor must submit the final certification and final survey in compliance with Section 01 73 00
EXECUTION.

2.8 DEMONSTRATION AND ORIENTATION DVD:

A. The Contractor must submit a final version of applicable demonstration and training DVD recordings in
compliance with Section 01 79 00, DEMONSTRATION AND OWNER’S PRE-ACCEPTANCE
ORIENTATION.

2.9 GUARANTEES AND WARRANTIES:

B. SCHEDULE B: Requirements for guarantees and warranties for the Project are set forth in Schedule B,
which is included as part of the Addendum.
C. FORM: For all guaranty requirements set forth in Schedule B, the Contractor must provide a written
guaranty, in the form set forth herein.
D. Submit fully executed and signed manufacturers’ warranties as listed in the Project Specifications and
outlined in Schedule B of the Addendum. Refer to Section 01 77 00, CLOSEOUT PROCEDURES for
submittal requirements.

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GUARANTY

DDC PROJECT # _______________________________________________________________________________

PROJECT DESCRIPTION ________________________________________________________________________

_____________________________________________________________________________________________

CONTRACT # _________________________________________________________________________________

SPECIFICATION SECTION # AND TITLE ___________________________________________________________

_____________________________________________________________________________________________

GUARANTY TO BE IN EFFECT FROM _____________________________________________________________

TO ____________________________________________________________

The Contractor hereby guarantees that the Work specified under the above section of the aforesaid Contract will be
free from defects of material and/or workmanship, for the period indicated above.

The Contractor also guarantees that it will promptly repair, restore, rebuild or replace whichever may be deemed
necessary by the City, any or all defective material or workmanship of the aforementioned section, that may appear
within the guaranty period and any finished Work to which damage may occur because of such defects, to the
satisfaction of the City and without any cost or expense to the City.

The Contractor hereby agrees to pay to the City the cost of the repairs or replacements should the City make the same
because of the failure of the Contractor to do so.

Contractor: ______________________________________

By: ______________________________________
Signature of Partner or Corporate Officer

Print Name: ______________________________________

Subscribed and sworn to before me this

day of ______________ , year ______________

_______________________________________
Notary Public

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2.10 WASTE DISPOSAL DOCUMENTATION:

A. Certify and deliver to the Commissioner all documentation including reports, receipts, certificates, records
etc. for the collection, handling, storage, classification, testing, transportation, recycling and/or disposal of
all Non-Hazardous Construction Waste as required by Section 01 74 19, CONSTRUCTION WASTE
MANAGEMENT AND DISPOSAL, and Hazardous Waste as required by other Project Specification
Sections. Certify compliance with all applicable governing laws, codes, rules and regulations.

2.11 LEED MATERIALS AND MATRIX:

A. Certify and deliver to the Commissioner all documentation including reports, receipts, certificates, records
etc. for the collection, handling, storage, classification, testing, transportation, recycling and/or disposal of
all Non-Hazardous Construction Waste as required by Section 01 74 19, CONSTRUCTION WASTE
MANAGEMENT AND DISPOSAL, and Hazardous Waste as required by other Project Specification
Sections. Certify compliance with all applicable governing laws, codes, rules and regulations.

2.12 MISCELLANEOUS RECORD DOCUMENTS:

A. Refer to other Project Specification Sections for miscellaneous record-keeping requirements and
submittals in connection with various construction activities. Prior to Final Acceptance, complete
miscellaneous records and place in good order, properly identified and bound or otherwise organized to
allow for use and reference.
B. Submit three (3) copies of each document to the Commissioner or as otherwise directed by the
Commissioner.

PART III – EXECUTION

3.1 RECORDING AND MAINTENANCE:

A. Recording: Maintain one (1) copy of each submittal during the construction period for Contract Record
Document purposes. Post changes and modifications to Project Record Documents as they occur; do not
wait until the end of the Project.
B. Maintenance of Record Documents and Samples: Store Contract Record Documents and samples in the
field office apart from the Contract Documents used for construction. Do not use Contract Record
Documents for construction purposes. Maintain Contract Record Documents in good order and in a clean,
dry, legible condition, protected from deterioration and loss. Provide access to the Contract Record
Documents for the Resident Engineer’s reference during normal working hours.

END OF SECTION 01 78 39

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SECTION 01 79 00
DEMONSTRATION AND OWNER’S PRE-ACCEPTANCE ORIENTATION

REFER TO THE ADDENDUM FOR APPLICABILITY OF THIS SECTION 01 79 00

PART 1 – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:
A. This section includes administrative and procedural requirements, when set forth in sections of the
Project Specifications, for instructing the facility’s personnel, including the following:
1. Demonstration of operation of systems, subsystems, and equipment.
2. Owner’s pre-acceptance orientation in operation and maintenance of systems, subsystems, and
equipment.
3. Demonstration and orientation video recordings.
B. The Contractor must provide the services of orientation specialists from the Contractor’s equipment
manufacturers. The specialists must be experienced in the type of equipment to be demonstrated.
C. Separate orientation sessions must be conducted for mechanical operations and maintenance personnel
and for electronic and electrical maintenance personnel.
D. Commissioning: Refer to the Addendum to identify whether this project is to be commissioned. For
commissioned projects, the Contractor must provide demonstration and orientation as described in this
section and cooperate with the Commissioning Authority/Agent (CxA) to implement commissioning
requirements as described in Section 01 91 13, GENERAL COMMISSIONING REQUIREMENTS FOR
MEP SYSTEMS, and/ or Section 01 91 15 BUILDING ENCLOSURE COMMISSIONNING
REQUIREMENTS.

1.3 RELATED SECTIONS: include without limitation the following:

A. Section 01 10 00 SUMMARY
B. Section 01 33 00 SUBMITTAL PROCEDURES
C. Section 01 77 00 CLOSEOUT PROCEDURES
D. Section 01 78 39 CONTRACT RECORD DOCUMENTS
E. Section 01 91 13 GENERAL COMMISSIONING REQUIREMENTS FOR MEP SYSTEMS
F. Section 01 91 15 BUILDING ENCLOSURE COMMISSIONNING REQUIREMENTS
G. Specific requirements for demonstration and orientation indicated in other sections of the Project
Specifications.

1.4 DEFINITIONS:

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A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

Term Definition

Commissioning Authority / The entity responsible for providing commissioning services for the Project. The
Commissioning Agent entity serving as the CxA may be either an employee(s) of the City or an entity
(CxA) engaged by the City to provide such services.

The entity responsible for providing design services for the Project, including
without limitation, preparing the construction documents (drawings and
specifications) and providing services in connection with such documents during
Design Consultant construction. The entity serving as the Design Consultant may be a corporation,
firm, partnership, joint venture, individual or combination thereof. Such entity may
be either an employee(s) of the City or an entity engaged by the City to provide
such services.

1.5 SUBMITTALS:
A. Instruction Program: Submit three (3) copies of an outline of the instructional program for demonstration
and orientation, including a schedule of proposed dates, times, length of instruction time, and instructors'
names for each orientation module to the Commissioner for approval no less than thirty (30) Days prior to
the date the proposed orientation is to take place. Include learning objectives and outline for each
orientation module.
1. At completion of orientation, submit three (3) complete training manual(s) and three (3) applicable
video recording(s) to the Commissioner for the facility’s and City’s use.
B. Qualification Data: For facilitator, instructor and videographer.
C. Attendance Record: For each orientation module, submit a list of participants and length of instruction
time.
D. Evaluations: For each participant and for each orientation module, submit results and documentation of
performance-based test.
E. Submit all final orientation materials to the Resident Engineer a minimum of fourteen (14) Days prior to
the scheduled orientation.
F. Demonstration and Orientation Recordings:
1. All Projects:
a. The Contractor must submit to the Commissioner three (3) copies of demonstration and
orientation video recordings within seven (7) Days of end of each orientation module.
b. Identification: On each copy, provide an applied label with the following information:
1) Project Contract I.D. Number
2) Project Contract Name
3) Name of Contractor
4) Name of Subcontractor as applicable
5) Name of Design Consultant
6) Name of Construction Manager as applicable
7) Date recorded
8) Description of vantage point, indicating location, direction (by compass point), and
elevation or story of construction.

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9) Table of Contents including list of systems covered.

c. Transcript: Prepared on 8-1/2-by-11-inch paper, punched and bound in heavy-duty, 3-ring,
vinyl-covered binders. Mark appropriate identification on front and spine of each binder.
Include a cover sheet with same label information as the corresponding DVD recording. Include
name of Project and date of recording on each page.
d. Commissioned Projects: The Contractor must submit one (1) additional copy of the
demonstration and orientation video recording to the CxA through the Resident Engineer who
will include the approved recording in the commissioning report.

1.6 QUALITY ASSURANCE:

A. Facilitator Qualifications: A firm or individual experienced in orientation or educating maintenance
personnel in an orientation program similar in content and extent to that indicated for this Project.
B. Instructor Qualifications: A factory-authorized service representative, complying with requirements in
Section 01 40 00, QUALITY REQUIREMENTS, experienced in operation and maintenance procedures
and orientation.
C. Videographer Qualifications: A professional videographer who has experience with orientation and
construction projects.
D. Pre-Instruction Conference: Schedule with the Resident Engineer a conference at Project Site in
accordance with Section 01 31 00, PROJECT MANAGEMENT AND COORDINATION. Review methods
and procedures related to demonstration and orientation including, but not limited to, the following:
1. Inspect and discuss locations and other facilities required for instruction.
2. Review and finalize instruction schedule and verify availability of educational materials, instructors'
personnel, audiovisual equipment, and facilities needed to avoid delays.
3. Review required content of instruction.
4. For instruction that must occur outside, review weather and forecasted weather conditions and
procedures to follow if conditions are unfavorable.

1.7 COORDINATION:
A. Coordinate instruction schedule with the Resident Engineer and facility’s operations. Adjust schedule as
required to minimize disrupting facility’s operations.
B. Coordinate instructors, including providing notification of dates, times, length of instruction time, and course
content.
C. Coordinate content of orientation modules with content of approved emergency, operation, and
maintenance manuals. Do not submit instruction program until operation and maintenance data has been
reviewed and approved by the Commissioner.

PART II – PRODUCTS

2.1 INSTRUCTION PROGRAM:

A. Program Structure: Develop an instruction program that includes individual orientation modules for each
system and equipment not part of a system, as specified and required by individual Specification Sections.
B. Orientation Modules: Develop a learning objective and teaching outline for each module. Include a
description of specific skills and knowledge that participant is expected to master. For each module, include
instruction for the following:

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1. For basis of system design, operational requirements, and criteria, include the following:
a. System, subsystem, and equipment descriptions;
b. Performance and design criteria if Contractor is delegated design responsibility;
c. Operating standards;
d. Regulatory requirements;
e. Equipment function including auxiliary equipment and systems;
f. Operating characteristics;
g. Limiting conditions; and
h. Performance curves.
2. For documentation, review the following items in detail:
a. Emergency manuals;
b. Operations manuals;
c. Maintenance manuals;
d. Project Record Documents;
e. Identification systems; and
f. Warranties.
3. For emergencies, include the following, as applicable:
a. Instructions on meaning of warnings, trouble indications, and error messages;
b. Instructions on stopping;
c. Shutdown instructions for each type of emergency;
d. Operating instructions for conditions outside of normal operating limits;
e. Sequences for electric or electronic systems; and
f. Special operating instructions and procedures.
4. For operations, include the following, as applicable:
a. Startup procedures;
b. Equipment or system break-in procedures;
c. Routine and normal operating instructions;
d. Regulation and control procedures;
e. Control sequences;
f. Safety procedures;
g. Instructions on stopping;
h. Normal shutdown instructions;
i. Operating procedures for emergencies;
j. Operating procedures for system, subsystem, or equipment failure;
k. Seasonal and weekend operating instructions;
l. Required sequences for electric or electronic systems; and
m. Special operating instructions and procedures.
5. For adjustments, include the following:
a. Alignments;
b. Checking adjustments;
c. Noise and vibration adjustments; and
d. Economy and efficiency adjustments.
6. For troubleshooting, include the following:
a. Diagnostic instructions; and
b. Test and inspection procedures.

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7. For maintenance, include the following:

a. Inspection procedures;
b. Types of cleaning agents to be used and methods of cleaning;
c. List of cleaning agents and methods of cleaning detrimental to product;
d. Procedures for routine cleaning;
e. Procedures for preventive maintenance;
f. Procedures for routine maintenance;
g. Instruction on use of special tools; and
h. Housekeeping practices.
8. For repairs, include the following:
a. Diagnosis instructions;
b. Repair instructions;
c. Disassembly, component removal, repair, and replacement; and reassembly instructions;
d. Instructions for identifying parts and components; and
e. Review of spare parts needed for operation and maintenance.

PART III – EXECUTION

3.1 INSTRUCTION:

A. Facilitator: Engage a qualified facilitator to prepare the instruction program and orientation modules, to
coordinate instructors, and to coordinate between Contractor and the Resident Engineer for the number of
participants, instruction times, and location.
B. The Contractor must engage qualified instructors to instruct the facility’s personnel to adjust, operate, and
maintain systems, subsystems, and equipment not part of a system.
C. Scheduling: Schedule instruction with the Resident Engineer at mutually agreed upon times. For equipment
that requires seasonal operation, provide similar instruction at the start of each season.
1. Schedule orientation with the Resident Engineer with at least fourteen (14) Days advance notice.
D. Evaluation: At the conclusion of each orientation module, assess and document each participant's mastery
of module(s) by use of an oral or written demonstration performance-based test.
E. Cleanup: Collect and remove used and leftover educational materials from Project Site. Remove
instructional equipment. Restore systems and equipment to condition existing before initial orientation use.

3.2 DEMONSTRATION AND ORIENTATION VIDEO RECORDINGS:

A. All projects:
1. The Contractor must engage a qualified commercial videographer to video record demonstration
and orientation sessions. Record each orientation module separately. Include classroom
instructions and demonstrations, board diagrams, and other visual aids, but not student practice.
2. At the beginning of each orientation module, record each chart containing learning objective and
lesson outline.
3. All recordings must be close-captioned.
4. Recording Format: Provide high-quality video recording on USB drive or other electronic media as
requested by the Commissioner.
5. Recording: Mount camera on tripod before starting recording, unless otherwise necessary to show
area of demonstration and orientation. Display continuous running time.

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6. Narration: Describe scenes on the recording by audio narration by microphone while recording or
by dubbing audio narration off-site after. Include description of items being viewed. Describe
vantage point, indicating location, direction (by compass point), and elevation or story of
construction.
7. Transcript: Provide a typewritten transcript of the narration. Display images and running time
captured from opposite the corresponding narration segment.
B. Commissioned Projects: Refer to the Addendum to determine if the project is to be commissioned.
1. The Commissioning Authority/Agent (CxA) under separate contract with the City of New York will
assess and comment on the adequacy of the orientation instruction sessions by reviewing the
orientation and instruction program and agenda provided by the Contractor. The provider of the
orientation program will video record the sessions and provide a copy to the CxA for final review
and comments. If necessary, Contractor must edit the recording per CxA comments.

END OF SECTION 01 79 00

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SECTION 01 81 13.03
SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v3 BUILDINGS

REFER TO THE ADDENDUM FOR APPLICABILITY OF THIS SECTION 01 81 13.03

PART I – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:

A. LEED BUILDING - GENERAL REQUIREMENTS:

The City of New York is committed to implementing good environmental practices and procedures which
include achieving a LEED™ Green Building rating. Specific project requirements related to this goal are
listed in the applicable paragraphs of this section of the General Conditions. The Contractor must ensure
that these requirements, as defined in the sections below and in related sections of the Contract
Documents, are implemented to the fullest extent. Substitutions, or other changes to the work proposed by
the Contractor or their Subcontractors, will not be allowed if such changes compromise the stated LEED
BUILDING criteria.

B. This Section includes:

1. Definitions
2. LEED Provisions
3. LEED Building Submittals
4. LEED Building Submittal Requirements
5. LEED Action Plan

1.3 RELATED SECTIONS: Include without limitation the following:

A. Section 01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
B. Section 01 81 13.13 VOLATILE ORGANIC COMPOUND (VOC) LIMITS FOR ADHESIVES,
SEALANTS, PAINTS AND COATINGS FOR LEED v3 BUILDINGS
C. Section 01 81 19 INDOOR AIR QUALITY REQUIREMENTS FOR LEED BUILDINGS
D. Section 01 91 13 GENERAL COMMISSIONING REQUIREMENTS FOR MEP SYSTEMS
E. Section 01 91 15 GENERAL COMMISSIONING REQUIREMENTS FOR BUILDING
ENCLOSURE

1.4 DEFINITIONS:

A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

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Agrifiber Products Means products derived from recovered agricultural waste fiber from sources such
as cereal straw, sugarcane bagasse, sunflower husk, walnut shells, coconut
husks, and agricultural prunings, processed and mixed with resins to produce
panels with characteristics similar to composite wood.
Composite Wood Means products composed of wood or plant particles or fibers bonded by a
synthetic resin or binder to produce panels such as plywood, particleboard, and
medium density fiberboard (MDF). Does not include hardboard, structural panels,
glued laminated timber, prefabricated wood I-joists, or finger-jointed lumber.
Design Consultant Means the entity responsible for providing design services for the Project,
including without limitation, preparing the construction documents (drawings and
specifications) and providing services in connection with such documents during
construction. The entity serving as the “Design Consultant” may be a corporation,
firm, partnership, joint venture, individual or combination thereof. Such entity may
be either an employee(s) of the City or an entity engaged by the City to provide
such services.
Forest Stewardship Means wood-based materials and products certified in accordance with the Forest
Council (FSC) Certified Stewardship Council’s principles and criteria.
Wood
LEED Means the Leadership in Energy & Environmental Design rating system
developed by the United States Green Building Council.
Rapidly Renewable Means materials made from agricultural products that are typically harvested
Materials within a ten-year or shorter cycle. Rapidly renewable materials include products
made from bamboo, cotton, flax, jute, straw, sunflower seed hulls, vegetable oils,
or wool.
Regionally Manufactured Means materials that are manufactured within a radius of 500 miles from the
Materials Project location. Manufacturing refers to the final assembly of components into
the building product that is installed at the Project site.
Regionally Extracted, Means materials which are extracted, harvested, or recovered and manufactured
Harvested, or Recovered within a radius of 500 miles from the Project site.
Materials
Recycled Content Means The percentage by weight of constituents that have been recovered or
otherwise diverted from the solid waste stream, either during the manufacturing
process (pre-consumer), or after consumer use (post-consumer).
1. Spills and scraps from the original manufacturing process that are combined with
other constituents after a minimal amount of reprocessing for use in further
production of the same product are not recycled materials.
2. Discarded materials from one manufacturing process that are used as
constituents in another manufacturing process are pre-consumer recycled
materials.
3. “Pre-consumer” may also be referred to as “post-industrial”.
Solar Reflectance Index A measure of a material’s ability to reflect solar heat, as shown by a small
(SRI) temperature rise. It is defined so that a standard black (reflectance 0.05, emittance
0.90) is equal to 0, and a standard white (reflectance 0.80, emittance of 0.90) is
equal to 100.

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Volatile Organic Any compound of carbon (excluding carbon monoxide, carbon dioxide, carbonic
Compound (VOC) acid, metallic carbides or carbonates, and ammonium carbonate) which vaporizes
(becomes a gas) and participates in atmospheric photochemical reactions, as
specified in Part 51.00 of Chapter 40 of the U.S. Code of Federal Regulations, at
normal room temperatures. For the purposes of this specification, formaldehyde
and acetaldehyde are considered to be VOCs.

1.5 LEED PROVISIONS:

A. Refer to the Addendum for the LEED rating to be achieved for this project. The provisions to achieve this
LEED rating are integrated within the project construction documents and specifications. The Contractor
is specifically directed to the “LEED BUILDING Performance Criteria” and “LEED BUILDING Submittals”
sections within the contract specification. Additional LEED requirements are met through aspects of the
project design, including material and equipment selections, which may not be specifically identified as
LEED BUILDING requirements. Compliance with the requirements needed to obtain LEED prerequisites
and credits will be used as one criterion to evaluate substitution requests.
1.6 LEED BUILDING SUBMITTALS:
A. Scope: LEED BUILDING submittals are required for all installed materials included in General
Construction work. LEED BUILDING Submittals are only required for field-applied adhesives, sealants,
paints and coatings included in Plumbing, Mechanical and Electrical work. Submit all required LEED
BUILDING submittals in accordance with Section 01 33 00, SUBMITTAL PROCEDURES.
B. Applicability: The extent of the LEED BUILDING Submittals varies depending on the specification section.
Applicable LEED BUILDING Submittals are listed under the “LEED BUILDING Submittals” heading in
each specification section. The detailed requirements for the LEED BUILDING Submittals are defined in
Item C below.
C. Detailed Requirements: Sub-Sections 1.6 C.1through 1.6 C.3 below defines the information and
documents to be provided for each type of LEED BUILDING Submittal as identified in the LEED Submittal
Requirements of each specification section:
1. ENVIRONMENTAL BUILDING MATERIALS CERTIFICATION FORM (EBMCF)[GHI]: Information to
be supplied for this form (blank sample copy attached at end of this Section to be modified as
appropriate to the project) must include some or all of the following items, as identified in the LEED
Submittal Requirements of each specification section:
a. Cost breakdowns for the materials included in the contractor or sub-contractor’s scope of work.
Cost reporting must include itemized material costs (excluding the contractor’s labor,
equipment, overhead and profit).
b. The percentages (by weight) of post-consumer and/or post-industrial recycled content in the
supplied product(s).
1) For each product with recycled content, also indicate the total recycled content value
(1/2 x pre-consumer percentage x product value + 1 x post-consumer percentage x
product value = total recycled content value).
2) See additional requirements for concrete below.
c. Identification (Yes/No) of materials manufactured within 500 miles of the project site AND
containing raw materials harvested or extracted within 500 miles of the project site.
1) Indicate the percentage by weight, relative to the total weight of the product that meets
these criteria.
2) Indicate the point of harvest/extraction/recovery of regional raw materials, the point of
final assembly of regional manufactured products, and the distance from each point to
the project site.

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d. Volatile Organic Compound (VOC) content of all field-applied adhesives, sealants, paints,
and coatings, listed in grams/liter or lbs./gallon, less water.
1) For detailed requirements refer to Section 01 81 13.13 VOC LIMITS FOR ADHESIVES,
SEALANTS, PAINTS AND COATINGS.
e. The amount of “Forest Stewardship Council (FSC) Certified” wood products if used in the
Project.
1) Record only new FSC-certified wood products. Do not record reclaimed, salvaged, or
recycled FSC-certified wood products.
2) Reclaimed, salvaged, or recycled FSC-certified wood may be recorded as post-
consumer recycled content.
f. The amount of Rapidly Renewable materials if used in the Project.
1) Indicate the type of rapidly renewable material used, and the percentage by weight,
relative to the total weight of the product, that consists of rapidly renewable material.
g. The percentage (by weight), relative to the total weight of cementitious materials, of
supplementary cementitious materials or pozzolans such as fly ash used in each concrete
mix used in the Project.
1) For each concrete mix, provide a complete breakdown of all components, by weight
and by cost.
h. Identification (Yes/No) of composite wood or agrifiber products used in the project that are
free of added urea-added formaldehyde resins.
i. Identification (Yes/No) of flooring products used in the project that have Carpet and Rug
Institute (CRI) Green Label or Green Label Plus certification, or Resilient Floor Covering
Institute FloorScore certification.
1) Untreated solid wood flooring, and mineral-based flooring products such as tile,
masonry, terrazzo, and cut stone that have no organic-based coatings or sealants, are
excluded from this requirement.
j. The EBMCF must record the above information only for those materials or products
permanently installed in the project. The EBMCF must record VOC content, composite and
agrifiber products, and CRI or FloorScore ratings only for those materials or products
permanently installed within the weather barrier of the LEED building.
2. EBMCF BACK-UP DOCUMENTATION: These documents are used to validate the information
provided on the EBMCF (except cost data). For each material listed on the EBMCF, provide
documentation to certify the material’s LEED BUILDING attributes, as applicable:
a. RECYCLED CONTENT: Provide published product literature or letter of certification on the
manufacturer’s letterhead certifying the amounts of post-consumer and/or post-industrial
content.
b. REGIONAL MANUFACTURING AND REGIONAL RAW MATERIALS (WITHIN 500 MILES):
Provide published product literature or letter of certification on the manufacturer’s letterhead
indicating the city/state where the manufacturing plant is located, where each of the raw
materials in the product were extracted, harvested or recovered and the distance in miles
from the project site.
1) If only some of the raw materials for a particular product or assembly originate within
500 miles of the project site, provide the percentage (by weight) that these materials
comprise in the complete product.

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c. VOC CONTENT: Provide Material Safety Data Sheets (MSDS) certifying the Volatile Organic
Compound (VOC) content of the adhesive, sealant, paint, or coating products. VOC content
is to be reported in grams/liter or lbs./gallon, less water. If the MSDS does not show the
product’s VOC content, this information must be provided through other published product
literature from the manufacturer, or stated in a letter of certification from the product
manufacturer on the manufacturer’s letterhead.
d. RAPIDLY RENEWABLE MATERIALS: If used in the project, provide published literature or
letter of certification on the manufacturer’s letterhead certifying the percentage of each
product that is rapidly renewable (by weight).
3. PRODUCT CUT SHEETS: Provide product cut sheets with the Contractor’s or sub-contractor’s
stamp, confirming that the submitted products are the products installed in the Project.
4. CRI GREEN LABEL PLUS CERTIFICATION: For carpets and carpet cushions, provide published
product literature or letter from the manufacturer (on the manufacturer's letterhead) verifying that the
products comply with the "Green Label Plus" IAQ testing program of the Carpet and Rug Institute of
Dalton, GA.
5. CERTIFICATION OF COMPOSITE WOOD OR AGRIFIBER RESINS: For all composite wood,
engineered wood and agrifiber products (including plywood, particleboard, and medium density
fiberboard), provide published product literature or letter from the manufacturer (on the
manufacturer's letterhead) verifying that that the products do not contain added urea-formaldehyde
resins.
6. CERTIFICATION OF COMPOSITE WOOD OR AGRIFIBER LAMINATING ADHESIVES: For all
laminating adhesives used with composite wood, engineered wood and agrifiber products (e.g.,
adhesives used to laminate wood veneers to an engineered wood substrate), provide published
product literature or letter from the manufacturer (on the manufacturer's letterhead) verifying that the
adhesive products do not contain urea-formaldehyde.
7. FSC-CERTIFIED WOOD:
a. If used in the project, provide chain of custody documents and copies of invoices regarding
wood products, including whether or not such wood product is FSC-certified.
b. If used in the project, for assemblies, provide the percentage (by cost and by weight) of the
assembly that is FSC-certified wood.
c. If used in the project, for assemblies, provide published product literature or letter from the
manufacturer(on the manufacturer's letterhead) verifying the percentage that is FSC-certified
wood.
8. GREEN SEAL COMPLIANCE: Provide published product literature or letter from the manufacturer
(on the manufacturer's letterhead) verifying that the following product types comply with the VOC
limits and chemical component restrictions developed by the Green Seal organization of
Washington, DC:
a. Interior Architectural Paints and Coatings: refer to Green Seal standard GS-11 (1st edition,
May 1993)
b. Anti-corrosive and Anti-rust paints: refer to Green Seal standard GC-03 (2nd Edition, January
1997)
c. Aerosol Adhesives: refer to Green Seal standard GS-36 (1st edition, October 2000)
9. HIGH ALBEDO PAVING AND WALKWAY MATERIALS: For paving and walkway materials made
from concrete or brick provide published product literature or letter from the manufacturer (on the
manufacturer's letterhead) verifying a minimum Solar Reflectance Index (SRI) value of 29. SRI

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values will be calculated according to ASTM E 1980. Reflectance will be measured according to
ASTM E 903, ASTM E 1918, or ASTM C 1549. Emittance will be measured according to ASTM E
408 or ASTM C 1371.
10. HIGH ALBEDO ROOFING MATERIALS: For exposed roofing membranes, pavers, and ballast
products, provide published product literature or letter from the manufacturer (on the manufacturer's
letterhead) verifying the following minimum Solar Reflectance Index (SRI) values:
a. 78 for low-sloped roofing applications (slope ≤ 2:12)
b. 29 for steep-sloped roofing applications (slope > 2:12)
SRI values will be calculated according to ASTM E 1980. Reflectance will be measured according
to ASTM E 903, ASTM E 1918, or ASTM C 1549. Emittance will be measured according to ASTM E
408 or ASTM C 1371.
Vegetated roof surfaces are exempt from the SRI criteria.
11. LOW MERCURY LAMPS: For all fluorescent, compact fluorescent, and HID lamps installed in the
project, provide published product literature or letter from the manufacturer (on the manufacturer's
letterhead) verifying:
a. The mercury content or content range per lamp in milligrams or picograms;
b. The design light output per lamp (light at 40% of a lamp’s useful life) in lumens; and
c. The rated average life of the lamp in hours.
In addition, provide the total number of each lamp type installed in the project.
12. FLOORSCORE CERTIFICATION: For all hard surface flooring, including vinyl, linoleum, laminate
flooring, wood flooring, ceramic flooring, rubber flooring, and wall base, provide published product
literature or letter from the manufacturer (on the manufacturer’s letterhead) verifying that the
products comply with the current FloorScore standard requirements.
13. CONCRETE: Provide concrete mix design for each mix, designated by a distinct identifying code or
number and signed by a Professional Engineer licensed in the state in which the concrete
manufacturer or supplier is located.
14. INTERIOR LIGHTING FIXTURES: For each lighting fixture type installed within the building’s
weather barrier, provide manufacturer’s cut sheets indicating the following:
a. Fixture power in watts.
b. Initial lamp lumens.
c. Photometric distribution data.
d. Dimming capability, in range of percentages.
15. EXTERIOR LIGHTING FIXTURES: For each lighting fixture type installed on site, provide
manufacturer’s cut sheets indicating the following:
a. Fixture power in watts.
b. Initial lamp lumens.
c. Photometric distribution data.
d. Range of field adjustability, if any.
e. Warranty of suitability for exterior use.

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16. ALTERNATIVE TRANSPORTATION: Provide manufacturer’s cut sheets and/or shop drawings for
the following items installed on site:
a. Bike racks, including total number of bicycle slots provided.
b. Signage indicating parking spaces reserved for electric or low-emitting vehicles and for
carpools/vanpools, including total number of signs.
17. WATER CONSERVING FIXTURES: For all water consuming plumbing fixtures and fittings, provide
manufacturer’s cut sheets showing maximum flow rates and/or flush rates.
18. ENERGY SAVING APPLIANCES: Provide manufacturer’s cut sheets and published product
literature or letter from the manufacturer (on the manufacturer’s letterhead) verifying the product’s
rating under the U.S. EPA/DOE Energy Star program, for all of the following:
a. Appliances (i.e., refrigerators, dishwashers, microwave ovens, televisions, clothes washers,
clothes dryers, chilled water dispensers).
b. Office equipment (i.e., copy machines, fax machines, plotters/printers, scanners, binding and
publishing equipment).
c. Electronics (i.e., servers, desktop computers, computer monitor displays, laptop computers,
network equipment).
d. Commercial food service equipment
19. GLAZING: For glazing in any windows, doors, storefront and window wall systems, curtainwall
systems, skylights, and partitions, provide manufacturer’s cut sheets indicating the following:
a. Glazed area.
b. Visible light transmittance.
c. Solar heat gain coefficient.
d. Fenestration assembly u-factor.
20. VENTILATION: Provide manufacturer’s cut sheets for the following:
a. Carbon dioxide monitoring systems, if any, installed to measure outside air delivery.
b. Air filters: for detailed requirements refer to Section 01 81 19 INDOOR AIR QUALITY
REQUIREMENTS.
21. REFRIGERATION: For all refrigeration equipment, provide manufacturer’s cut sheets indicating the
following:
a. Equipment type.
b. Equipment life. Default values specified by the 2007 ASHRAE Applications Handbook will be
used unless otherwise demonstrated by the manufacturer’s guarantee and an equivalent
long-term service contract.
c. Refrigerant type.
d. Refrigerant charge in pounds of refrigerant per ton of gross cooling capacity.
e. Tested refrigerant leakage rate, in percent per year. A default rate of 2% will be used unless
otherwise demonstrated by test data.
f. Tested end-of-life refrigerant loss, in percent. A default rate of 10% will be used unless
otherwise demonstrated by test data.

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1.7 LEED BUILDING SUBMITTAL REQUIREMENTS:

A. The LEED BUILDING Submittal information must be assembled into one package per contract
specification section(s) (or per subcontractor), and submitted in accordance with Section 01 33 00,
SUBMITTAL PROCEDURES. Incomplete or inaccurate LEED BUILDING submittals may be used as the
basis for the rejection of products or assemblies. Incomplete or inaccurate LEED BUILDING Submittals
may be used as the basis for rejecting the submitted products or assemblies.

1.8 LEED ACTION PLANS:

A. Construction Waste Management Plan- Refer to Section 01 74 19, Construction Waste Management and
Disposal for detailed submittal requirements.
B. Construction IAQ Management Plan- Refer to Section 01 81 19, Indoor Air Quality Requirements for
LEED Buildings, for detailed submittal requirements.
C. Erosion and Sedimentation Control Plan:
1. The Plan must be in accordance with the New York State Department of Environmental
Conservation (NYSDEC) or the 2003 EPA Construction General Permit, whichever is more
stringent.
2. The Plan must be submitted in accordance with Section 01 33 00, SUBMITTAL
PROCEEDURES.
3. Detailed requirements: ESC Plan
a. Include the Stormwater Pollution Prevention Plan, if required.
b. Identify the party responsible for Plan monitoring and documentation. The party must be
regularly on site.
c. Describe all site work that will be implemented on the project.
d. Provide site plan with location of ESC measures, including, but not limited to, stormwater
quantity controls, stormwater quality controls, stabilized construction entrances, washdown
areas, and inlet/catch basin protection.
e. Describe the inspection and maintenance of the ESC measures. Provide a construction
schedule indicating weekly site review.
f. Describe reporting and documentation measures.
4. Detailed requirements: ESC Measures
5. Submittal requirements: ESC Tracking Log
a. Note date of major rain events, describe damage, describe any repairs or maintenance
performed, and note responsible party.
b. Note date and findings of weekly site review, describe any repairs or maintenance performed,
and note responsible party.
c. Submit monthly.
6. Implementation
a. The Contractor must implement the ESC Plan, coordinate the Plan with all affected trades,
and designate one individual as the Erosion and Sedimentation Control Representative, who
will be responsible for communicating the progress of the Plan with the Commissioner on a
regular basis, and for assembling the required LEED documentation.

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b. The Contractor must be responsible for the provision, maintenance, and repair of all ESC
measures.
c. Demonstration. The Contractor must provide on-site instruction of proper construction
practices required to prevent erosion and sedimentation.
d. Meetings. Urgent or ongoing ESC issues will be discussed at weekly on-site job meetings.

1.9 QUALITY ASSURANCE:

A. The Contractor must implement all LEED Action Plans, coordinate the Plans and LEED Building
Submittals with all affected trades, and designate one individual as the Sustainable Construction
Representative at no additional cost to the City of New York, who will be responsible for communicating
the progress of LEED activities with the Commissioner on a regular basis, and for assembling the
required LEED documentation.
B. Responsibilities of Contractor’s Subcontractors: The Contractor is responsible for his/her subcontractors
complying with the LEED Action Plans and for providing required LEED documentation as required for the
project.
C. Distribution and Compilation: The Contractor is responsible for distributing the EBMCF and any other
forms or templates required for the subcontractors to record LEED documentation. The Contractor also
be responsible for collecting and compiling EBMCF information into packages as described in Section 01
33 00 SUBMITTAL PROCEDURES.
D. Meetings: Sustainable design and construction issues must be discussed at the following meetings:
1. Demolition kick-off meeting
2. Construction kick-off meeting
3. Construction kick-off meeting for LEED (independent meeting)
4. Weekly job-site progress and coordination meetings
5. Closeout meeting

PART II – PRODUCTS (Not Used)

PART III – EXECUTION (Not Used)

END OF SECTION 01 81 13.03

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ENVIRONMENTAL BUILDING MATERIALS CERTIFICATION FORM

Contractor Name: ____________________________________ Project Name:

Contractor Contact: ___________________________________ Project I.D.:
Telephone Number: ___________________________________

Recycled Content Regional4 Rapidly Renewable7 VOC content8 Flooring9 Wood

Pre- Post- Total % Location & Location & Extracted *VOC *VOC *Green *Added urea FSC
Material Consumer Consumer (½ Pre Distance to Distance to & Manuf. content content Label or formaldehyde Certified11
Product/Manufacturer Cost1 (% by wt)2 (% by wt)3 + Post) Extraction5 Manufacture6 (% by wt) Material % by wt listed allowed FloorScore (Yes/No) 10 (% by wt)

1 Material Cost: As it appears on the manufacturer’s or distributor’s invoice to the contractor or subcontractor. Does not include labor or equipment costs associated with installation.
2 Pre-Consumer Recycled Content: Industrial/manufacturing waste material (e.g., fly-ash and synthetic gypsum, both waste products from coal burning electricity plants) diverted from landfill and incorporated into
a finished product. Scrap raw materials that can be reused in the same manufacturing process from which they are recovered are not considered Pre-Consumer Recycled Content.
3 Post-Consumer Recycled Content: Material or product that has served its intended consumer use (e.g., an empty plastic bottle) and has been diverted from landfill and incorporated into a finished product.

4 Regional: Refers to a material/product that is BOTH extracted AND manufactured within 500 miles of the Project site. Record this information ONLY for materials/products meeting BOTH of these criteria.

5 Extraction: Refers to the location from which the raw resources used in a building product are extracted, harvested, or recovered.

6 Manufacture: Refers to the location of the final assembly of components into a building product that is furnished and installed by the Contractor.

7 Rapidly Renewable: Refers to materials/products derived from agricultural products that are typically harvested within a ten-year or shorter cycle.

8 VOC Content: The quantity of volatile organic compounds contained in adhesives, sealants. paints and architectural coatings. Reported in grams/liter or lbs/gallon, less water.

9 Flooring: For carpet, indicate Carpet and Rug Institute (CRI) Green Label Plus certification. For carpet cushion, indicate CRI Green Label certification. For all flooring except unfinished/untreated wood and

mineral-based flooring (tile, masonry, terrazzo, cut stone) without organic-based coatings or sealants, indicate Resilient Floor Covering Institute FloorScore rating. VOC limits for adhesives, sealants, etc. still
apply.
10Added Urea Formaldehyde: Applies to composite wood and agrifiber products only (plywood, particleboard, MDF, OSB, wheatboard, strawboard). Resins or binders with added urea formaldehyde are prohibited.

11FSC Certified: Certification from the Forest Stewardship Council. This column is only applicable to wood products.

* Applies only to materials/products installed within the weather barrier.

Contractor Certification:
I, _______________________ a duly authorized representative of___________________________ (the Contractor) hereby certify that the material information contained herein
is an accurate representation of the material qualifications to be provided by the Contractor as components of the final building construction. Furthermore, I understand that
any change in such qualifications during the purchasing period will require prior written approval from the Commissioner.
Signature of Authorized Representative: ______________________________________________________ Date: ___________

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SECTION 01 81 13.04
SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v4 BUILDINGS

REFER TO THE ADDENDUM FOR APPLICABILITY OF THIS SECTION 01 81 13.04

PART I – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:

A. LEED BUILDING - GENERAL REQUIREMENTS:

The City of New York is committed to implementing good environmental practices and procedures which
include achieving a LEED™ Green Building rating. Specific Project requirements related to this goal are
listed in the applicable paragraphs of this section of the General Conditions. The Contractor shall ensure
that these requirements as defined in the sections below and in related sections of the Contract Documents,
are implemented to the fullest extent. Substitutions, or other changes to the work proposed by the
Contractor or their Subcontractors, shall not be allowed if such changes compromise the stated LEED
BUILDING criteria.

B. This Section includes:

1. Definitions
2. LEED Provisions
3. LEED Building Submittals
4. LEED Building Submittal Requirements
5. LEED Action Plan
6. VOC Requirements for Interior Adhesives and Sealants
7. VOC Requirements for Interior Paints and Coatings
8. Low-Emitting Materials, Flooring
9. Low-Emitting Materials, Composite Wood
10. Low-Emitting Materials, Ceilings, Walls, Thermals and Acoustic Insulation
11. Low-Emitting Materials, Furniture
12. Low-Emitting Materials, Exterior Applied Products
13. Low-Emitting Materials, Additional Low-Emitting Requirements

C. This Section includes requirements for Volatile Organic Compound (VOC) emissions and content in specific
materials used within the Project.

D. All sections in the Project Specifications with adhesives, sealant or sealant primer applications, paints,
coatings, flooring, composite wood, ceilings, walls, thermal and acoustic insulation, furniture, and for
healthcare and schools, exterior applied products, shall follow all requirements of this section. In the event
of any conflict or inconsistency between this section and the Specifications regarding adhesives, sealant or
sealant applications, paints, coatings, flooring, composite wood, ceilings, walls, thermal and acoustic
insulation, furniture, and for healthcare and schools, exterior applied products, the requirements set forth
in this Section shall prevail.

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1.3 RELATED SECTIONS: Include without limitation the following:

A. Section 01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
B. Section 01 81 19 INDOOR AIR QUALITY REQUIREMENTS FOR LEED BUILDINGS
C. Section 01 91 13 GENERAL COMMISSIONING REQUIREMENTS FOR MEP SYSTEMS
D. Section 01 91 15 GENERAL COMMISSIONING REQUIREMENTS FOR BUILDING
ENCLOSURE

1.4 DEFINITIONS:

A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

Adhesive Any substance used to bond one surface to another

by attachment. Includes adhesive primers and
adhesive bonding primers.

Aerosol Adhesive Any adhesive packaged as an aerosol with a spray

mechanism permanently housed in a non-refillable
can designed for hand-held application without the
need for ancillary equipment

Agrifiber Products Products derived from recovered agricultural waste

fiber from sources such as cereal straw, sugarcane
bagasse, sunflower husk, walnut shells, coconut
husks and agricultural prunings, processed and
mixed with resins to produce panels with
characteristics similar to composite wood.

Bio-based materials Composed in whole or in significant part of

biological products, renewable agricultural
materials or forestry materials, and must meet the
Sustainable Agriculture Network’s Sustainable
Agriculture Standard. Bio-based raw materials
must be tested using ASTM Test Method D6866
and be legally harvested, as defined by the
exporting and receiving country. Exclude hide
products, such as leather and other animal skin
material.

Building Exterior A structure’s primary and secondary

weatherproofing system, including waterproofing
membranes and air- and water-resistant barrier
materials, and all building elements outside that
system.

Building Interior Everything inside a structure’s weatherproofing

membrane.

Carcinogen A chemical listed as a known, probable, reasonably

anticipated, or possible human carcinogen by the
International Agency for Research on Cancer

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(IARC) (Groups 1, 2A, and 2B), the National

Toxicology Program (NTP) (Groups 1 and 2), the
U.S. Environmental Protection Agency (EPA)
Integrated Risk Information System (IRIS) (weight-
of-evidence classifications A, B1, B2, and C,
carcinogenic, likely to be carcinogenic, and
suggestive evidence of carcinogenicity or
carcinogen potential), or the Occupational Safety
and Health Administration (OSHA).

Certified Wood See Forest Stewardship Council (FSC) Certified

Wood.

Clear Wood Finish Clear/semi-transparent coating applied to wood

substrates to provide a transparent or translucent
solid film.

Coating Liquid, liquefiable or mastic composition that is

converted to a solid adherent film after application
to a substrate as a thin layer; and is used for
decorating, protecting, identifying or to serve some
functional purpose such as the filling or concealing
of surface irregularities or the modification of light
and heat radiation characteristics; and is intended
for on-site application to interior or exterior surfaces
of buildings. Does not include stains, clear finishes,
recycled latex paint, specialty (industrial, marine or
automotive) coatings or paint sold in aerosol cans.

Composite Wood Products composed of wood or plant particles or

fibers bonded by a synthetic resin or binder to
produce panels such as plywood, particleboard,
and medium density fiberboard (MDF). Does not
include hardboard, structural panels, glued
laminated timber, prefabricated wood I-joists or
finger-jointed lumber.

Cradle-to-Gate Assessment Analysis of a product’s partial life cycle, from

resource extraction to the factory gate, before it is
transported for distribution and sale.

Design Consultant The entity responsible for providing design services

for the Project, including without limitation,
preparing the construction documents (drawings
and specifications) and providing services in
connection with such documents during
construction. The entity serving as the “Design
Consultant” may be a corporation, firm, partnership,
joint venture, individual or combination thereof.
Such entity may be either an employee(s) of the
City or an entity engaged by the City to provide
such services.

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Enclosure The exterior plus semi-exterior portions of the

building. Exterior consists of the elements of a
building that separate conditioned spaces from the
outside (i.e., the wall assembly). Semi-exterior
consists of the elements of a building that separate
conditioned space from unconditioned space or
that encloses semi-heated space through which
thermal energy may be transferred to or from the
exterior or conditioned or unconditioned spaces
(e.g., attic, crawl space, basement).

Environmental Product Declaration (EPD) A statement that the item meets the environmental
requirements of, ISO 14025, 14040 and EN 15804,
or ISO 21930 and have at least a cradle-to-gate
scope.

Extended Producer Responsibility A. A waste management strategy, also

known as closed-loop program or
product take-back, where the
manufacturer’s responsibility for a
product is extended to the post-
consumer stage of the product’s life-
cycle.

Floor Coating Opaque coating applied to flooring. Excludes

industrial maintenance coatings.

Forest Stewardship Council (FSC) Certified Wood Wood-based materials and products certified in
accordance with the Forest Stewardship Council’s
principles and criteria.

Hazardous Air Pollutant Any compound listed by the U.S. EPA in the Clean
Air Act Section 112(b)(1) as a hazardous air
pollutant.

Inherently Non-Emitting Materials Products that are inherently non-emitting sources

of VOCs, including stone, ceramic, powder-coated
metals, plated or anodized metals, lass, concrete,
clay brick, unfinished solid wood, untreated solid
wood. These materials are considered compliant
without VOC testing if they do not include integral
organic-based surface coatings, binders or
sealants.

Lacquer Clear/semi-transparent coating formulated with

cellulosic or synthetic resins to dry by evaporation
without chemical reaction and provide a solid,
protective film.

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LEED The Leadership in Energy & Environmental Design

rating system developed by the United States
Green Building Council (USGBC).

Life-Cycle Assessment An evaluation of the environmental effects of a

product from cradle to grave, as defined by ISO
14040-2006 and ISO 14044-2006.

Mutagen A chemical that meets the criteria for category 1,

chemicals known to induce heritable mutations or
to be regarding as if they induce heritable mutations
in the germ cells of humans, under the Harmonized
System for the Classification of Chemicals Which
Cause Mutations in Germ Cells (United Nations
Economic Commission for Europe, Globally
Harmonized System of Classification and Labeling
of Chemicals).

Ozone-Depleting Compounds A compound with an ozone-depletion potential

greater than 0.1 (CFC 11=1) according to the U.S.
EPA list of Class I and Class II Ozone-Depleting
Substances.

Paint A pigmented coating. For the purposes of this

specification, paint primers are considered to be
paints.
A. Flat Coating or Paint: Has a gloss of less than
15 (using an 85-degree meter) or less than 5
(using a 60-degree meter).
B. Non-Flat Coating or Paint: Has a gloss of
greater than or equal to 15 (using an 85-degree
meter) or greater than or equal to 5 (using a 60-
degree meter).
C. Non-Flat High-Gloss Coating or Paint: Has a
gloss of greater than or equal to 70 (using a 60-
degree meter).
Anti-Corrosive / Rust Preventative Paint: Coating
formulated and recommended for use in preventing
the corrosion of ferrous metal substrates.

Permanently Installed Building Product See Product.

Primer A. Coating that is formulated and

recommended for one or more of the
following purposes: to provide a firm
bond between the substrate and a
subsequent coating; to prevent a
subsequent coating from being
absorbed into the substrate; to prevent

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harm to a subsequent coating from

materials in the substrate; or to provide
a smooth surface for application of a
subsequent coating.

Product A. An item that arrives on the Project site either as

a finished element ready for installation or as a
component to another item assembled on-site.
The product unit is defined by the functional
requirement for use in the Project; this includes
the physical components and services needed
to serve the intended function of the
permanently installed building product. Similar
products within a specification shall each
contribute as a separate product.

Product-Specific Declaration A. Products with a publicly available, critically

reviewed life-cycle assessment conforming to
ISO 14044 that have at least a cradle-to-gate
scope.

Recycled Content A. The percentage by weight of

constituents that have been recovered
or otherwise diverted from the solid
waste stream, either during the
manufacturing process (pre-
consumer) or after consumer use
(post-consumer). Recycled content
claims for products must conform to
the definition in ISO 14021-1999,
Environmental Labels and
Declarations, Self-Declared
Environmental Claims (Type II
Environmental Labeling).

1. Spills and scraps from the original manufacturing

process that are combined with other constituents
after a minimal amount of reprocessing for use in
further production of the same product are not
recycled materials.
2. Discarded materials from one manufacturing
process that are used as constituents in another
manufacturing process are pre-consumer
recycled materials.

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3. “Pre-consumer” may also be referred to as “post-

industrial”.

Regionally Manufactured Materials Materials that are manufactured, distributed and

purchased within a radius of 100 miles from the
Project location. Manufacturing refers to all points
of manufacture for an assembly of components.

Regionally Extracted, Harvested, or Recovered Materials which are extracted, harvested or

Materials recovered, manufactured, distributed and
purchased within a radius of 100 miles from the
Project site.

Reproductive Toxin A chemical listed as a reproductive toxin (including

developmental, female, and male toxins) by the
State of California under the Safe Drinking Water
and Toxic Enforcement Act of 1986 (California
Code of Regulations, Title 22, Division 2,
Subdivision 1, Chapter 3, Sections 1200, et. Seq.).

Sanding Sealer Clear/semi-transparent coating formulated to seal

bare wood. Can be abraded to create a smooth
surface for subsequent coatings. Does not include
sanding sealers that are lacquers (see Clear Wood
Finish above).

Sealant Any material with adhesive properties, formulated

primarily to fill, seal, or waterproof gaps or joints
between surfaces. Includes sealant primers and
caulks.

Shellac Clear or pigmented coating formulated solely with

the resinous secretions of the lac beetle, thinned
with alcohol and formulated to dry by evaporation
without chemical reaction. Excludes floor
applications.

Solar Reflectance Index (SRI) A measure of a material’s ability to reflect solar

heat, as shown by a small temperature rise. It is
defined so that a standard black (reflectance 0.05,
emittance 0.90) is equal to 0, and a standard white
(reflectance 0.80, emittance of 0.90) is equal to
100.

Stain Clear semi-transparent/opaque coating formulated

to change the color but not conceal the grain
pattern or texture of the substrate.

Varnish Clear/semi-transparent coating, excluding lacquers

and shellacs, formulated to dry by chemical

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reaction on exposure to air. May contain small

amounts of pigment.

Volatile Aromatic Compound Any hydrocarbon compound containing one or

more 6-carbone benzene rings, and having an
initial boiling point less than or equal to 280 degrees
Celsius measured at standard conditions of
temperature and pressure.

Volatile Organic Compound (VOC) Any compound of carbon (excluding carbon

monoxide, carbon dioxide, carbonic acid, metallic
carbides or carbonates and ammonium carbonate)
which vaporizes (becomes a gas) and participates
in atmospheric photochemical reactions, as
specified in Part 51.00 of Chapter 40 of the U.S.
Code of Federal Regulations, at normal room
temperatures. For the purposes of this
specification, formaldehyde and acetaldehyde are
considered to be VOCs.Waterproofing Sealer: A
coating that prevents the penetration of water into
porous substrates.

1.5 LEED PROVISIONS:

A. Refer to the Addendum for the LEED rating to be achieved for this Project. The provisions to achieve this
LEED rating are integrated within the Project construction documents and specifications. Additional LEED
requirements are met through aspects of the Project design, including material and equipment selections,
which may not be specifically identified as LEED Building requirements. Compliance with the
requirements needed to obtain LEED prerequisites and credits will be used as one criterion to evaluate
substitution requests.

1.6 LEED BUILDING SUBMITTALS:

A. Scope: LEED Building Submittals are required for all permanently installed materials included in General
Construction work. For Plumbing, Mechanical and Electrical work, LEED Building Submittals are only
required for field-applied adhesives, sealants, paints and coatings. Voluntary inclusion of system
components such as piping, pipe insulation, ducts, conduits, plumbing fixtures, faucets and lamp
housings shall be consistently applied to the Project’s LEED credits. Submit all required LEED Building
Submittals in accordance with Section 01 33 00 SUBMITTAL PROCEDURES.

B. Applicability: The extent of the LEED Building Submittals varies depending on the specification section.
Applicable LEED Building Submittals are listed under the “LEED Building Submittals” heading in each
specification section. The detailed requirements for the LEED Building Submittals are defined in Sub-
Section 1.6 C below.
C. Detailed Requirements: Sub-Sections 1.6 C.1 through 1.6 C.18 below define the information and
documents to be submitted for each type of LEED Building Submittal as identified in the LEED Building
Submittals heading in each specification section:

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1. LEED v4 Material and Resources (MR) Credits Calculator for Building Product Disclosure and
Optimization (Disclosure and Optimization Calculator): With each submittal of a product
permanently installed in the Project, the Contractor shall be responsible for the completion of the
Disclosure and Optimization Calculator, which can be found on USGBC’s website. The Contractor
shall maintain an updated Disclosure and Optimization Calculator for all applicable products
throughout the Project duration and submit the updated calculator on a monthly basis.
a. The Disclosure and Optimization Calculator shall record the information outlined in Items b.-c.
below for all permanently installed products, the information outlined in Item d. below for all
permanently installed concrete mixes, and the information outlined in Items e.-i. below for all
permanently installed products that have the content, disclosure or optimization characteristics
described herein:
b. Cost breakdowns for the materials included in the contractor or sub-contractor’s scope of work.
Cost reporting shall include itemized material costs (excluding the contractor’s labor,
equipment, overhead and profit).
c. The percentages (by weight) of post-consumer and/or post-industrial recycled content in the
supplied product(s).
1) For each product with recycled content, also indicate the total recycled content value
(1/2 x pre-consumer percentage x product value + 1 x post-consumer percentage x
product value = total recycled content value).
2) See additional requirements for concrete in section 1.6.C.1.d below.
d. The percentage (by weight), relative to the total weight of cementitious materials, of
supplementary cementitious materials or pozzolans such as fly ash used in each concrete mix
used in the Project.
1) For each concrete mix, submit a complete breakdown of all components, by weight and
by cost.
e. Identification (Yes/No) of materials manufactured, distributed and purchased within 100 miles
of the Project site AND containing raw materials harvested or extracted within 100 miles of the
Project site, if used in the Project, as well as the following information:
1) Indicate the percentage by weight, relative to the total weight of the product that meets
these criteria.
2) Indicate the point of harvest/extraction/recovery of regional raw materials, the point of
final assembly of regional manufactured products, and the distance from each point to
the Project site.
f. The percentage (by cost) of “Forest Stewardship Council (FSC) Certified” wood products, if
used in the Project.
1) Record all new wood products, indicating which are FSC-certified. Do not record
reclaimed, salvaged, or recycled FSC-certified wood products.
2) Reclaimed, salvaged, or recycled FSC-certified wood may be recorded as post-
consumer recycled content.
g. The number or percentage of products with Environmental Product Declarations (EPD), with
fractional or multiplied values as indicated below. If a product used in the Project has an EPD
Declaration, submit one of the following:
1) EPD:
i. Product-Specific Declaration: Valued as one quarter (1/4) of a product
ii. Industry-Wide (Generic) EPD: Valued as one half (1/2) of a product
iii. Product-Specific Type III EPD: Valued as one whole product
2) Documentation of third-party certification of impact reduction below industry average for
at least three of the following categories, valued at 100%:
i. Global warming potential (greenhouse gases), in CO2e;
ii. Depletion of the stratospheric ozone layer, in kg CFC-11;
iii. Acidification of land and water sources, in moles H+ or kg SO 2;
iv. Eutrophication, in kg nitrogen or kg phosphate;

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v. Formation of tropospheric ozone, in kg NOx or kg ethene; and depletion of

nonrenewable energy resources, in MJ.

3) For 1) and 2) above, if a product is also sourced (extracted, manufactured, purchased)

within 100 miles of the site, it is valued as two times the whole product.

4) For 1) and 2) above, structure and enclosure materials may not constitute more than
30% of the value of compliant building products.

h. The number or percentage of products for which Sourcing of Raw Materials has been
documented, with fractional or multiplied values as indicated below. If a product used in the
Project has documented Sourcing of Raw Materials, submit one of the following:
1) Corporate sustainability report (CSR). Submit one of the following:
i. Manufacturer’s self-declared report: valued as half of a product
ii. Third-party verified CSR which include environmental impacts of extraction
operations and activities associated with the manufacturer’s product and the
product’s supply chain: valued as one whole product:
1. Global Reporting Initiative (GRI) Sustainability Report
2. Organisation for Economic Co-operation and Development (OECD)
Guidelines for Multinational Enterprises
3. U.N. Global Compact: Communication of Progress
4. ISO 26000: 2010 Guidance on Social Responsibility
5. Other USGBC approved programs meeting the CSR criteria

2) Documentation of at least one of the responsible extraction criteria below:

i. Extended producer responsibility program, valued as half of a product
ii. Bio-based materials, valued as one whole product
iii. Certified Wood: Wood-based materials include all materials made from wood,
including engineered wood products and wood-based panel products, valued as
one whole product
iv. Material Reuse: Materials may be salvaged, refurbished, or reused, valued as one
whole product.
v. Recycled content. The sum of post-consumer recycled content plus one-half the
pre-consumer recycled content, based on cost, valued as one whole product.
vi. Other USGBC approved programs meeting leadership extraction criteria

3) For 1) and 2) above, if a product is also sourced (extracted, manufactured, purchased)

within 100 miles of the site: valued as two times the whole product.

4) For 1) and 2) above, structure and enclosure materials may not constitute more than
30% of the value of compliant building products. Products meeting multiple criteria may
only be counted once.

i. The number or percentage of products for which Material Ingredients have been disclosed,
with fractional or multiplied values as indicated below. If a product used in the Project discloses
its Material Ingredients, submit one of the following:
1) Chemical inventory of the product to at least 0.1% (1000 ppm), documented by one of
the following:
i. Manufacturer Inventory
ii. Health Product Declarations (HPDs)
iii. Cradle to Cradle (C2C) certifications
iv. Declare product labels

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v. ANSI/BIFMA e3 Furniture Sustainability Standard (Furniture may be included,

providing it is included consistently in all MR Credits.)

2) Documentation of compliance with one of the following material ingredient optimization

criteria programs:
i. GreenScreen benchmarks
ii. Cradle to Cradle certifications
iii. REACH optimizations
iv. Other USGBC approved programs meeting building product optimization criteria

3) Documentation that the product is sourced from a manufacturer that meets all of the
below supply chain optimization criteria:
i. Manufacturer engages in validated and robust safety, health, hazard and risk
programs which at a minimum document at least 99% (by weight) of the
ingredients used to make the building product or building material
ii. Manufacturer provides independent third party verification of the following
conditions for their supply chain, at a minimum:
1. Processes are in place to communicate and transparently prioritize chemical
ingredients along the supply chain according to available hazard, exposure
and use information to identify those that require more detailed evaluation
2. Processes are in place to identify, document, and communicate information
on health, safety and environmental characteristics of chemical ingredients
3. Processes are in place to implement measures to manage the health, safety
and environmental hazard and risk of chemical ingredients
4. Processes are in place to optimize health, safety and environmental impacts
when designing and improving chemical ingredients
5. Processes are in place to communicate, receive and evaluate chemical
ingredient safety and stewardship information along the supply chain
6. Safety and stewardship information about the chemical ingredients is
publicly available from all points along the supply chain

4) For 2) and 3) above, if a product is also sourced (extracted, manufactured, purchased)

within 100 miles of the site: valued as two times the whole product. Products compliant
with both 2) and 3) may only be counted once.

5) For 1), 2), and 3) above, structure and enclosure materials may not constitute more
than 30% of the value of compliant building products.

2. LEED v4 Indoor Environmental Quality Credit Low-Emitting Materials Calculator (EQ Calculator).
With each relevant product submittal, the Contractor shall be responsible for the completion of the
EQ Calculator, which can be found on USGBC’s website. The Contractor shall maintain an updated
EQ Calculator throughout the Project duration for all applicable products and submit the updated
calculator on a monthly basis.
a. The EQ Calculator shall record information for all relevant products as outlined below.
Include the following documentation. Detailed requirements are listed in b. – j. below.
1) VOC content of all field-applied interior adhesives, sealants, paints, and coatings,
listed in grams/liter or lbs./gallon, less water.
2) General Emissions Evaluation for more than 90 percent of all field-applied interior
paints, coatings, adhesives, and sealants, by volume, and for 100 percent of all
flooring, ceilings, walls, and thermal and acoustic insulation.
3) Composite Wood Evaluation for all composite wood not covered by other
categories.

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4) Furniture Evaluation for 90% of all furniture, by cost.

5) For schools/healthcare only: Exterior-Applied Products Evaluation for 90% of all
exterior applied materials, measured by volume. All batt insulation products shall
contain no added formaldehyde.
b. VOC REQUIREMENTS, GENERAL: The following materials must meet the listed
compliance requirements for emissions and content standards, for all applicable categories.
All products shall comply with each applicable threshold requirement. Refer to LEED BD+C
Reference Guide, EQ Credit Low-Emitting Materials for additional guidance.
1) General Emissions Requirements: Products must demonstrate they have been tested
and determined compliant in accordance with California Department of Public Health
(CDPH), Standard Method v1.1-2010, using the applicable exposure scenario, and
stating the range of total VOCs (TVOC) after 14 days measured as specified in the
CDPH Standard Method v1.1 as follows:
i. 0.5mg/m3 or less;
ii. between 0.5 and 5.0 mg/m3; or,
iii. 0.50 mg/m3 or more
2) No product shall contain any ingredients that are carcinogens, mutagens, reproductive
toxins, persistent bioacculmulative compounds, hazardous air pollutants, or ozone-
depleting compounds. An exception shall be made for titanium dioxide and, for
products that are pre-tinted by the manufacturer, carbon black, which shall be less than
or equal to 1% by weight of the product.
3) No product shall contain the following:
i. methylene chloride
ii. 1,1,1-trichloroethane
iii. benzene
iv. toluene
v. ethylbenzene
vi. vinyl chloride
vii. naphthalene
viii. 1,2-dichlorobenzene
ix. di (2-ethylhexyl) phthalate
x. butyl benzyl phthalate
xi. di-n-butyl phthalate
xii. di-n-octyl phthalate
xiii. diethyl phthalate
xiv. dimethyl phthalate
xv. isophorone
xvi. antimony
xvii. cadmium
xviii. hexavalent chromium
xix. lead
xx. mercury
xxi. formaldehyde
xxii. methyl ethyl ketone
xxiii. methyl isobutyl ketone
xxiv. acrolein
xxv. acrylonitrile
4) No product shall contain more than 1.0% by weight of sum total of volatile aromatic
compounds.
c. VOC REQUIREMENTS FOR INTERIOR ADHESIVES AND SEALANTS:
1) For field applications that are inside the weatherproofing system, use adhesives and
sealants that comply with the following limits for VOC content when calculated

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according to South Coast Air Quality Management District (SCAQMD) Rule #1168
requirements in effect on July 1, 2005, and rule amendment date January 7, 2005:

Allowable VOC
Content (g/L):
Architectural Applications:
Indoor carpet adhesives 50
Carpet pad adhesives 50
Outdoor carpet adhesives 150
Wood flooring adhesives 100
Rubber floor adhesives 60
Subfloor adhesives 50
Ceramic tile adhesives 65
VCT and asphalt tile adhesives 50
Dry wall and panel adhesives 50
Cove base adhesives 50
Multipurpose construction adhesives 70
Structural glazing adhesives 100
Single ply roof membrane adhesives 250
Specialty Applications:
PVC welding 510
CPVC welding 490
ABS welding 325
Plastic cement welding 250
Adhesive primer for plastic 550
Computer diskette manufacturing 350
Contact adhesive 80
Special purpose contact adhesive 250
Tire retread 100
Adhesive primer for traffic marking tape 150
Structural wood member adhesive 140
Sheet applied rubber lining operations specialty 850
Top and Trim adhesive 250
Substrate Specific Applications:
Metal to metal substrate specific adhesives 30
Plastic foam substrate specific adhesives 50
Porous material (except wood) substrate specific 50
adhesives
Wood substrate specific adhesives 30
Fiberglass substrate specific adhesives 80
Sealants:
Architectural sealant 250
Marine deck sealant 760
Nonmember roof sealant 300
Roadway sealant 250
Single-ply roof membrane sealant 450
Other sealant 420
Sealant Primers:
Architectural non-porous sealant primer 250
Architectural porous sealant primer 775

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Modified bituminous sealant primer 500

Marine deck sealant primer 760
Other sealant primer 750
Other
Other adhesives, adhesive bonding primers, adhesive 250
primers or any other primers

2) For field applications that are inside the weatherproofing system, a minimum of 90
percent of adhesives and sealants, by volume, shall comply with the requirements of
the CDPH "Standard Method for the Testing and Evaluation of Volatile Organic
Chemical Emissions from Indoor Sources Using Environmental Chambers."

d. VOC REQUIREMENTS FOR INTERIOR PAINTS AND COATINGS:

1) For field applications that are inside the weatherproofing system, use paints and
coatings that comply with the following limits for VOC content when calculated
according to the California Air Resources Board (CARB) 2007, Suggested Control
Measure (SCM) for Architectural Coatings, or the SCAQMD Rule #1113, effective June
3, 2011.

Product Type: Allowable VOC

Content (g/L):
Bond Breaker 350
Clear wood finishes - Varnish 275
Clear wood finishes – Sanding Sealer 275
Clear wood finishes - Lacquer 275
Colorant – Architectural Coatings, excluding IM 50
coatings
Colorant – Solvent Based IM 600
Colorant - Waterborne IM 50
Concrete – Curing compounds 100
Concrete – Curing compounds for roadways & bridges 350
Concrete surface retarder 50
Driveway Sealer 50
Dry-fog coatings 50
Faux finishing coatings - Clear topcoat 100
Faux finishing coatings – Decorative Coatings 350
Faux finishing coatings - Glazes 350
Faux finishing coatings - Japan 350
Faux finishing coatings – Trowel applied coatings 50
Fire-proof coatings 150
Flats 50
Floor coatings 50
Form release compounds 100
Graphic arts (sign) coatings 150
Industrial maintenance coatings 100
Industrial maintenance coatings – High temperature IM 420
coatings
Industrial maintenance coatings – Non-sacrificial anti- 100
graffiti coatings
Industrial maintenance coatings – Zinc rich IM primers 100

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Magnesite cement coatings 450

Mastic coatings 100
Metallic pigmented coatings 150
Multi-color coatings 250
Non-flat coatings 50
Pre-treatment wash primers 420
Primers, sealers and undercoaters 100
Reactive penetrating sealers 350
Recycled coatings 250
Roof coatings 50
Roof coatings, aluminum 100
Roof primers, bituminous 350
Rust preventative coatings 100
Stone consolidant 450
Sacrificial anti-graffiti coatings 50
Shellac- Clear 730
Shellac – Pigmented 550
Specialty primers 100
Stains 100
Stains, interior 250
Swimming pool coatings – repair 340
Swimming pool coatings – other 340
Traffic Coatings 100
Waterproofing sealers 100
Waterproofing concrete/masonry sealers 100
Wood preservatives 350
Low solids coatings 120

2) For field applications that are inside the weatherproofing system, 90 percent of paints
and coatings shall comply with the requirements of the CDPH's "Standard Method for
the Testing and Evaluation of Volatile Organic Chemical Emissions from Indoor
Sources Using Environmental Chambers."

e. LOW-EMITTING MATERIALS, FLOORING: Flooring shall comply with the requirements of

the CDPH's "Standard Method for the Testing and Evaluation of Volatile Organic Chemical
Emissions from Indoor Sources Using Environmental Chambers."
f. LOW-EMITTING MATERIALS, COMPOSITE WOOD: Composite wood, agrifiber products,
and adhesives shall be made using ultra-low-emitting formaldehyde (ULEF) resins as
defined in the CARB's "Airborne Toxic Control Measure to Reduce Formaldehyde
Emissions from Composite Wood Products" or shall be made with no added formaldehyde.
g. LOW-EMITTING MATERIALS, CEILINGS, WALLS, THERMAL, AND ACOUSTIC
INSULATION: Ceilings, walls, and thermal and acoustic insulation shall comply with the
requirements of the CDPH's "Standard Method for the Testing and Evaluation of Volatile
Organic Chemical Emissions from Indoor Sources Using Environmental Chambers."
h. LOW-EMITTING MATERIALS, FURNITURE: At least 90 percent of furniture, measured by
cost, shall be tested in accordance with ANSI/BIFMA Standard Method M7.1-2011; comply
with ANSI/BIFMA e3-2011 Furniture Sustainability Standard, Sections 7.6.1 and 7.6.2,
using either the concentration modeling approach or the emissions factor approach; and
model the test results using the open plan, private office, or seating scenario in
ANSI/BIFMA M7.1, as appropriate.
i. LOW-EMITTING MATERIALS, EXTERIOR APPLIED MATERIALS (HEALTHCARE/
SCHOOLS ONLY): At least 90 percent of exterior applied materials, measured by volume,

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shall comply with the requirements of the CDPH's "Standard Method for the Testing and
Evaluation of Volatile Organic Chemical Emissions from Indoor Sources Using
Environmental Chambers."
1) The following materials are prohibited and do not count toward total percentage
compliance:
a) Hot-mopped asphalt for roofing.
b) Coal tar sealants for parking lots and other paved surfaces.
j. LOW-EMITTING MATERIALS, ADDITIONAL LOW-EMITTING REQUIREMENTS: If the
applicable regulation requires subtraction of exempt compounds, any content of
intentionally added exempt compounds larger than 1% weight by mass (total exempt
compounds) must be disclosed.
1) If a product cannot reasonably be tested as specified above, testing of VOC content
must comply with ASTM D2369-10; ISO 11890, part 1; ASTM D6886-03; or ISO
11890-2.
2) Methylene chloride and perchloroethylene may not be intentionally added in
adhesives, sealants, paints or coatings.

3. BACK-UP DOCUMENTATION: For each material listed in the Disclosure and Optimization
Calculator or the EQ Calculator, provide and submit in accordance with Section 01 33 00
SUBMITTAL PROCEDURES, including but not limited to the documentation to certify the material’s
LEED Building attributes, as applicable:
a. RECYCLED CONTENT: Submit published product literature or letter of certification on the
manufacturer’s letterhead certifying the amounts of post-consumer and/or post-industrial
content.
b. REGIONAL SOURCING (WITHIN 100 MILES): Submit published product literature or letter of
certification on the manufacturer’s letterhead indicating the city/state where the
manufacturing plant is located, where each of the raw materials in the product were
extracted, harvested or recovered, manufactured, distributed and the distance in miles from
the Project site.
1) If only some of the raw materials for a particular product or assembly originate within
100 miles of the Project site, provide the percentage (by weight) that these materials
comprise in the complete product.
c. BUILDING PRODUCT DISCLOSURE AND OPTIMIZATION: Submit published third-party or
manufacturer’s product literature or letter of certification, on the third-party or manufacturer’s
letterhead, certifying the documented disclosure and optimization information.
d. VOC EMISSIONS AND CONTENT: Submit Material Safety Data Sheets (MSDS), for all
applicable products. Applicable products include, but are not limited to adhesives, sealants,
carpets, paints and coatings, flooring, composite wood, ceilings, walls, thermal and acoustic
insulation, furniture, and for healthcare and schools, exterior applied products. MSDS shall
indicate the VOC emissions and content of products submitted. (If an MSDS does not include
a product’s VOC emissions and content, then product data sheets, manufacturer literature, or
a letter of certification from the manufacturer shall be submitted in addition to the MSDS to
indicate the VOC emissions and content). Submit product third-party certificates and test
reports, stating the testing methodology and the model, to include units that are consistent
with those required. For wet-applied products, the manufacturer’s documentation must state
each product’s classification and application according to the referenced standard’s definition.
4. PRODUCT CUT SHEETS: Submit product cut sheets with the Contractor’s or sub-contractor’s
stamp, confirming that the submitted products are the products installed in the Project.
5. FSC-CERTIFIED WOOD: If FSC-Certified Wood is used in the Project, submit:

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a. Copies of vendor’s invoices itemizing all new wood purchases, showing the cost for each line
item.
b. For FSC-certified products, the vendor invoice shall list product’s FSC content percent and its
Chain-of-Custody (CoC) certification number.
c. For FSC-certified products, submit the product and producer’s CoC certificates.
d. For FSC-certified products modified on-site, submit on-site installer’s CoC certification.
e. For assemblies, submit the percentage (by cost and by weight) of the assembly that is FSC-
certified wood and published product literature or letter from the manufacturer (on the
manufacturer's letterhead) verifying the percentage that is FSC-certified wood.
6. HIGH ALBEDO PAVING AND WALKWAY MATERIALS: For paving and walkway materials made
from concrete or brick, submit published product literature or letter from the manufacturer (on the
manufacturer's letterhead) verifying a minimum 3-year aged Solar Reflectance (SR) value of 0.28. If
3-year aged value information is not available, submit published product literature or letter verifying
an initial SR value of at least 0.33 at installation.
7. HIGH ALBEDO ROOFING MATERIALS: For exposed roofing membranes, pavers, and ballast
products, submit published product literature or letter from the manufacturer (on the manufacturer's
letterhead) verifying the following minimum Solar Reflectance Index (SRI) values, calculated
according to ASTM E 1980. Reflectance shall be measured according to ASTM E 903, ASTM E
1918, or ASTM C 1549. Emittance shall be measured according to ASTM E 408 or ASTM C 1371.
Vegetated roof surfaces are exempt from the SRI criteria.
a. 82 for initial SRI, or 64 for 3-year aged SRI for low-sloped roofing applications (slope ≤ 2:12)
b. 39 for initial SRI or 32 for 3-year aged SRI for steep-sloped roofing applications (slope > 2:12)
8. LOW MERCURY LAMPS: For all fluorescent, compact fluorescent and HID lamps installed in the
Project, submit the total number of each lamp type and submit published product literature or letter
from the manufacturer (on the manufacturer's letterhead) verifying the following information.
Preheat, T-9, T-10 and T-12 fluorescents or mercury vapor high-intensity discharge (HID) lamps
shall not be installed in the Project. For healthcare projects only, probe-start metal halide HID lamps
shall not be installed in any interior spaces.
a. The mercury content or content range per lamp in milligrams or picograms, meeting the
following criteria;
Lamp Maximum Mercury Content (milligram)
T-8 fluorescent, eight-foot 10 mg
T-8 fluorescent, four-foot 3.5 mg
T-8 fluorescent, U-bent 6 mg
T-5 fluorescent, linear 2.5 mg
T-5 fluorescent, circular 9 mg
Compact fluorescent, nonintegral ballast 3.5 mg
Compact fluorescent, integral ballast 3.5 mg, ENERGY STAR qualified
High-pressure sodium, up to 400 watts 10 mg
High-pressure sodium, above 400 watts 32 mg

b. The design light output per lamp (light at 40% of a lamp’s useful life) in lumens; and
c. The rated average life of the lamp in hours.
9. EXIT SIGNS: Illuminated exit signs shall not contain mercury, and shall use less than 5 watts of
electricity.
10. CONCRETE: Submit concrete mix design for each mix, designated by a distinct identifying code or
number and signed by a Professional Engineer licensed in the state of New York.

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11. INTERIOR LIGHTING FIXTURES: For each lighting fixture type installed within the building’s
weather barrier, submit manufacturer’s cut sheets indicating the following:
a. Fixture power in watts.
b. Initial lamp lumens.
c. Photometric distribution data.
d. Dimming capability, in range of percentages.
12. EXTERIOR LIGHTING FIXTURES: For each lighting fixture type installed on site, submit
manufacturer’s cut sheets indicating the following:
a. Fixture power in watts.
b. Initial lamp lumens.
c. Photometric distribution data.
d. Range of field adjustability, if any.
e. Warranty of suitability for exterior use.
13. ALTERNATIVE TRANSPORTATION: Submit manufacturer’s cut sheets and/or shop drawings for
the following items installed on site:
a. Bike racks, including total number of bicycle slots provided.
b. Signage indicating parking spaces reserved for electric or low-emitting vehicles and for
carpools/vanpools, including total number of signs.
14. WATER CONSERVING FIXTURES: For all water consuming plumbing fixtures and fittings, submit
manufacturer’s cut sheets showing maximum flow rates and/or flush rates.
15. ENERGY SAVING APPLIANCES: Submit manufacturer’s cut sheets and published product
literature or letter from the manufacturer (on the manufacturer’s letterhead) verifying the product’s
rating under the U.S. EPA/DOE Energy Star program, for all of the following:
a. Appliances (i.e., refrigerators, dishwashers, microwave ovens, televisions, clothes washers,
clothes dryers, chilled water dispensers).
b. Office equipment (i.e., copy machines, fax machines, plotters/printers, scanners, binding
and publishing equipment).
c. Electronics (i.e., servers, desktop computers, computer monitor displays, laptop computers,
network equipment).
d. Commercial food service equipment.
16. GLAZING: For glazing in any windows, doors, storefront and window wall systems, curtainwall
systems, skylights, and partitions, submit manufacturer’s cut sheets indicating the following:
a. Glazed area.
b. Visible light transmittance.
c. Solar heat gain coefficient.
d. Fenestration assembly u-factor.
17. VENTILATION: Submit manufacturer’s cut sheets for the following:
a. Carbon dioxide monitoring systems, if any, installed to measure outside air delivery.
b. Air filters: for detailed requirements refer to Section 01 81 19 INDOOR AIR QUALITY
REQUIREMENTS FOR LEED BUILDINGS.
18. REFRIGERATION: For all refrigeration equipment, submit manufacturer’s cut sheets indicating the
following:
a. Equipment type.

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b. Equipment life. Default values specified by the 2007 ASHRAE Applications Handbook will
be used unless otherwise demonstrated by the manufacturer’s guarantee and an
equivalent long-term service contract.
c. Refrigerant type.
d. Refrigerant charge in pounds of refrigerant per ton of gross cooling capacity.
e. Tested refrigerant leakage rate, in percent per year. A default rate of 2% will be used
unless otherwise demonstrated by test data.
f. Tested end-of-life refrigerant loss, in percent. A default rate of 10% will be used unless
otherwise demonstrated by test data.

1.7 LEED BUILDING SUBMITTAL REQUIREMENTS:

A. The LEED Building Submittal information shall be assembled into one package per contract specification
section(s) (or per subcontractor), and submitted in accordance with Section 01 33 00 SUBMITTAL
PROCEDURES. Incomplete or inaccurate LEED Building Submittals may be used as the basis for the
rejection of products or assemblies.

B. All final LEED Building Submittal information with back-up documentation shall be submitted within two
(2) months of the Project’s substantial completion. If in the Project’s LEED review, the USGBC or their
third party reviewer requires additional documentation as it relates to the LEED Building Submittals, the
Contractor shall provide the requested documentation within two (2) weeks.

1.8 LEED ACTION PLANS:

A. Construction Waste Management Plan- Refer to Section 01 74 19 CONSTRUCTION WASTE

MANAGEMENT AND DISPOSAL for detailed requirements.

B. Construction IAQ Management Plan- Refer to Section 01 81 19 INDOOR AIR QUALITY

REQUIREMENTS FOR LEED BUILDINGS for detailed requirements.

C. Erosion and Sedimentation Control (ESC) Plan:

1. The Plan shall be in accordance with the New York State Department of Environmental
Conservation (NYSDEC)’s New York State Standards and Specifications for Erosion and Sediment
Control (Blue Book) or the 2012 EPA Construction General Permit, whichever is more stringent.
2. The Plan shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES.
3. Detailed requirements: ESC Plan
a. Include the Stormwater Pollution Prevention Plan, if required.
b. Identify the party responsible for Plan monitoring and documentation. The party must be
regularly on site.
c. Describe all site work that will be implemented on the Project and include timing of
implementation.
d. Submit site plan with location of ESC measures, including, but not limited to, stormwater
quantity controls, stormwater quality controls, stabilized construction entrances, washdown
areas, inlet/catch basin protection and perimeter controls.
e. Establish and clearly delineate construction buffer zones to avoid soil compaction and other
construction damage to greenfields.
f. Describe the inspection and maintenance protocols of the ESC measures. Submit a
construction schedule indicating weekly site review.
g. Describe reporting and documentation measures.
4. Detailed requirements: ESC Tracking Log

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a. Note date of major rain events, describe damage, describe any repairs or maintenance of
specific control measures performed, and note responsible party.
b. Note date and findings of weekly site review, describe any repairs or maintenance performed,
and note responsible party. Submit date-stamped photographs, inspection reports or other
recording processes.
c. Submit monthly.
5. Implementation
a. Before Demolition and/or Construction begins, the Contractor shall implement the ESC Plan,
coordinate the Plan with all affected trades, and designate one individual as the Erosion and
Sedimentation Control Representative, who will be responsible for communicating the
progress of the Plan with the Commissioner monthly, and for assembling the required LEED
documentation.
b. The Contractor shall be responsible for the provision, maintenance, and repair of all ESC
measures. Any problems identified in site inspections shall be resolved in a timely manner.
c. Demonstration. The Contractor shall provide on-site instruction of proper construction
practices required to prevent erosion and sedimentation.
d. All sub-contractors shall promptly notify the ESC Representative if damage to an ESC
measure is observed.
e. Meetings. Urgent or ongoing ESC issues shall be discussed at weekly on-site job meetings.
6. All projects, including zero lot line buildings and projects that cause minimal or even no exterior site
disturbance, must have ESC Plan that meets requirements.
7. Contractor shall save such original documents for the life of the Project plus seven (7) years.

1.9 QUALITY ASSURANCE:

A. The Contractor shall implement all LEED Action Plans, coordinate the Plans and LEED Building
Submittals with all affected trades, and designate one individual as the Sustainable Construction
Representative at no additional cost to the City of New York, who will be responsible for communicating
the progress of LEED activities with the Commissioner monthly, and for assembling the required LEED
documentation. The Contractor shall facilitate measurements taken by authorized parties on site for
LEED compliance verification purposes.
B. Responsibilities of Contractor’s Subcontractors: The Contractor shall be responsible for his/her
subcontractors complying with the LEED Action Plans and for providing required LEED documentation as
required for the Project.
C. Distribution and Compilation: The Contractor shall be responsible for distributing the LEED v4 MR Credits
Calculator for Building Product Disclosure and Optimization, the LEED v4 EQ Credit Low-Emitting
Materials Calculator, and any other forms or templates required for the subcontractors to record LEED
documentation. The Contractor shall also be responsible for collecting and compiling Building Product
Disclosure and Optimization and Low-Emitting Materials information into packages as described in
Section 01 33 00 SUBMITTAL PROCEDURES.
D. Meetings: Sustainable design and construction issues shall be discussed at the following meetings in
accordance with Section 01 31 00 PROJECT MANAGEMENT AND COORDINATION:
1. Demolition kick-off meeting
2. Construction kick-off meeting
3. Construction kick-off meeting for LEED (independent meeting)
4. Weekly job-site progress and coordination meetings
5. Closeout meeting

1.10 REFERENCES:
A. New York State Standards and Specifications for Erosion and Sediment Control, amended November
2016: http://www.dec.ny.gov/docs/water_pdf/2016nysstanec.pdf

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B. 2012 EPA Construction General Permit: https://www.epa.gov/npdes/epas-2012-construction-general-

permit-cgp-and-related-documents
C. South Coast Air Quality Management District (SCAQMD), Rule 1168: www.aqmd.gov
D. South Coast Air Quality Management District (SCAQMD), Rule 1113: www.aqmd.gov
E. CDPH Standard Method v1.1-2010: www.cal-iaq.org
F. ISO 17025: www.iso.org
G. ISO Guide 65: www.iso.org
H. CARB 93120 ATCM: arb.ca.gov/toxics/compwood/compwood.htm
I. ANSI/BIFMA M7.1 Standard Test Method for Determining VOC Emissions from Office Furniture Systems,
Components and Seating: bifma.org
J. ANSI/BIFMA e3-2011 Furniture Sustainability Standard: bifma.org
K. ISO 14021–1999, Environmental labels and declarations—Self Declared Claims (Type II Environmental
Labeling): iso.org
L. ISO 14025–2006, Environmental labels and declarations (Type III Environmental
M. Declarations—Principles and Procedures): iso.org
N. ISO 14040–2006, Environmental management, Life cycle assessment principles, and frameworks: iso.org
O. ISO 14044–2006, Environmental management, Life cycle assessment requirements, and guidelines:
iso.org
P. International Standard ISO 21930–2007 Sustainability in building construction—Environmental
declaration of building products: iso.org
Q. Federal Trade Commission, Guides for the Use of Environmental Marketing Claims, 16 CFR 260.7 (e):
ftc.gov/bcp/grnrule/guides980427.htm
R. Global Reporting Initiative (GRI) Sustainability Report: globalreporting.org/
S. Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational
T. Enterprises: oecd.org/daf/internationalinvestment/guidelinesformultinationalenterprises/
U. U.N. Global Compact, Communication of Progress: unglobalcompact.org/cop/
V. ISO 26000—2010 Guidance on Social Responsibility: iso.org/iso/home/standards/iso26000.htm
W. Forest Stewardship Council: ic.fsc.org
X. Sustainable Agriculture Network: sanstandards.org
Y. The Rainforest Alliance: rainforest-alliance.org/
Z. ASTM Test Method D6866: astm.org/Standards/D6866.htm
AA. Chemical Abstracts Service: cas.org/
BB. Health Product Declaration: hpdcollaborative.org/
CC. Cradle-to-Cradle CertifiedCM Product Standard: c2ccertified.org/product_certification
DD. Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH):
echa.europa.eu/support/guidance-on-reach-and-clp-implementation
EE. GreenScreen: https://www.greenscreenchemicals.org/method/greenscreen-list-translator

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PART II – PRODUCTS (Not Used)

PART III – EXECUTION (Not Used)

END OF SECTION 01 81 13.04

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SECTION 01 81 13.13
VOLATILE ORGANIC COMPOUND (VOC) LIMITS FOR ADHESIVES, SEALANTS, PAINTS AND COATINGS FOR
LEED v3 BUILDINGS

REFER TO THE ADDENDUM FOR APPLICABILITY OF THIS SECTION 01 81 13.13

PART I – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 SUMMARY:
A. This Section includes requirements for volatile organic compound (VOC) content in adhesives, sealants,
paints and coatings used for the project.
B. All sections in the Project Specifications with adhesives, sealant or sealant primer applications, paints and
coatings will follow all requirements of this section. In the event of any conflict or inconsistency between
this section and the Specifications regarding adhesives, sealant or sealant applications, paints and
coatings, the requirements set forth in this Section will prevail.
C. This Section includes:
1. General Requirements
2. References
3. VOC Requirements for Interior Adhesives
4. VOC Requirements for Interior Sealants
5. VOC requirements for Interior Paints
6. VOC requirements for Interior Coatings
7. Submittals

1.3 RELATED SECTIONS: Include without limitation the following:

A. Section 01 10 00 SUMMARY
B. Section 01 31 00 PROJECT MANAGEMENT AND COORDINATION
C. Section 01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION
D. Section 01 33 00 SUBMITTAL PROCEDURES
E. Section 01 73 00 EXECUTION
F. Section 01 77 00 CLOSEOUT PROCEDURES
G. Section 01 78 39 CONTRACT RECORD DOCUMENTS
H. Section 01 81 13 SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v3 BUILDINGS
I. Section 01 81 19 INDOOR AIR QUALITY FOR LEED BUILDINGS

1.4 DEFINITIONS:
A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General Conditions
not otherwise defined herein.

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ADHESIVE Any substance used to bond one surface to another by attachment.

Includes adhesive primers and adhesive bonding primers.
A. Aerosol Adhesive: Any adhesive packaged as an aerosol
with a spray mechanism permanently housed in a non-
refillable can designed for hand-held application without
the need for ancillary equipment.

CARCINOGEN A chemical listed as a known, probable, reasonably anticipated, or

possible human carcinogen by the International Agency for
Research on Cancer (IARC) (Groups 1, 2A, and 2B), the National
Toxicology Program (NTP) (Groups 1 and 2), the U.S.
Environmental Protection Agency (EPA) Integrated Risk
Information System (IRIS) (weight-of-evidence classifications A,
B1, B2, and C, carcinogenic, likely to be carcinogenic, and
suggestive evidence of carcinogenicity or carcinogen potential), or
the Occupational Safety and Health Administration (OSHA).
CLEAR WOOD FINISH Clear/semi-transparent coating applied to wood substrates to
provide a transparent or translucent solid film.
A. Lacquer: Clear/semi-transparent coating formulated with
cellulosic or synthetic resins to dry by evaporation without
chemical reaction and provide a solid, protective film.
B. Sanding Sealer: A sanding sealer that also meets the
definition of a lacquer.
C. Varnish: Clear/semi-transparent coating, excluding
lacquers and shellacs, formulated to dry by chemical
reaction on exposure to air. May contain small amounts of
pigment.

COATING Liquid, liquefiable, or mastic composition that is converted to a solid

adherent film after application to a substrate as a thin layer; and is
used for decorating, protecting, identifying or to serve some
functional purpose such as the filling or concealing of surface
irregularities or the modification of light and heat radiation
characteristics; and is intended for on-site application to interior or
exterior surfaces of buildings. Does not include stains, clear
finishes, recycled latex paint, specialty (industrial, marine or
automotive) coatings or paint sold in aerosol cans.
FLOOR COATING Opaque coating applied to flooring. Excludes industrial
maintenance coatings.
HAZARDOUS AIR POLLUTANT Any compound listed by the U.S. EPA in the Clean Air Act, Section
112(b)(1) as a hazardous air pollutant.

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MUTAGEN A. A chemical that meets the criteria for category 1, chemicals

known to induce heritable mutations or to be regarding as if
they induce heritable mutations in the germ cells of
humans, under the Harmonized System for the
Classification of Chemicals Which Cause Mutations in
Germ Cells (United Nations Economic Commission for
Europe, Globally Harmonized System of Classification and
Labeling of Chemicals).

OZONE-DEPLETING A. A compound with an ozone-depletion potential greater than

COMPOUNDS 0.1 (CFC 11=1) according to the U.S. EPA list of Class I
and Class II Ozone-Depleting Substances.

PAINT A. A pigmented coating. For the purposes of this specification,

paint primers are considered to be paints.
1. Flat Coating or Paint: Has a gloss of less than 15
(using an 85-degree meter) or less than 5 (using a
60-degree meter).
2. Non-Flat Coating or Paint: Has a gloss of greater
than or equal to 15 (using an 85-degree meter) or
greater than or equal to 5 (using a 60-degree meter).
3. Non-Flat High-Gloss Coating or Paint: Has a gloss of
greater than or equal to 70 (using a 60-degree
meter).
4. Anti-Corrosive / Rust Preventative Paint: Coating
formulated and recommended for use in preventing
the corrosion of ferrous metal substrates.

PRIMER Coating that is formulated and recommended for one or more of

the following purposes: to provide a firm bond between the
substrate and a subsequent coating; to prevent a subsequent
coating from being absorbed into the substrate; to prevent harm to
a subsequent coating from materials in the substrate; or to provide
a smooth surface for application of a subsequent coating.
REPRODUCTIVE TOXIN A chemical listed as a reproductive toxin (including developmental,
female, and male toxins) by the State of California under the Safe
Drinking Water and Toxic Enforcement Act of 1986 (California
Code of Regulations, Title 22, Division 2, Subdivision 1, Chapter 3,
Sections 1200, et. Seq.).
SANDING SEALER Clear/semi-transparent coating formulated to seal bare wood. Can
be abraded to create a smooth surface for subsequent coatings.
Does not include sanding sealers that are lacquers (see Clear
Wood Finish above).
SEALANT Any material with adhesive properties, formulated primarily to fill,
seal, or waterproof gaps or joints between surfaces. Includes
sealant primers and caulks.

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SHELLAC Clear or pigmented coating formulated solely with the resinous

secretions of the lac beetle, thinned with alcohol and formulated to
dry by evaporation without chemical reaction. Excludes floor
applications.
STAIN Clear semi-transparent/opaque coating formulated to change the
color but not conceal the grain pattern or texture of the substrate.
VOLATILE AROMATIC Any hydrocarbon compound containing one or more 6-carbone
COMPOUND benzene rings, and having an initial boiling point less than or equal
to 280 degrees Celsius measured at standard conditions of
temperature and pressure.
VOLATILE ORGANIC COMPOUND Any compound of carbon (excluding carbon monoxide, carbon
dioxide, carbonic acid, metallic carbides or carbonates, and
ammonium carbonate) which vaporizes (becomes a gas) and
participates in atmospheric photochemical reactions, as specified in
Part 51.00 of Chapter 40 of the U.S. Code of Federal Regulations,
at normal room temperatures. For the purposes of this
specification, formaldehyde and acetaldehyde are considered to be
VOCs.
WATERPROOFING SEALER A coating that prevents the penetration of water into porous
substrates.

1.5 GENERAL REQUIREMENTS:

A. The City of New York is committed to implementing good environmental practices and procedures which
include achieving a LEED Green building rating. Specific project requirements related to this goal which may
impact this area of work are listed in the applicable paragraphs of this specification section. The Contractor
must ensure that the requirements as defined in the sections below and in related sections of the Contract
Documents, are implemented to the fullest extent. Substitutions, or other changes to the work proposed by
the Contractor or their Subcontractors, must not be allowed if such changes compromise the stated
environmental goals.

1.6 REFERENCES:
A. Rule 1168 – “Adhesive and Sealant Applications”, amended 7 January 2005): South Coast Air Quality
Management District (SCAQMD), State of California, www.aqmd.gov
B. Rule 1113 - “Architectural Coatings”, amended 9 July 2004: South Coast Air Quality Management District
(SCAQMD), State of California, www.aqmd.gov
C. Green Seal Standard GS-11- “Paints”, of Green Seal, Inc., Washington, DC, www.greenseal.org
D. Green Seal Standard GC-03- “Anti-Corrosive Paints”, of Green Seal, Inc., Washington, DC,
www.greenseal.org

1.7 VOC REQUIREMENTS FOR INTERIOR ADHESIVES, SEALANTS, PAINTS AND COATINGS:
A. GENERAL: Unless otherwise specified herein, the VOC content of all interior adhesives, sealants, paints
and coatings (herein referred to as “products”) must not be in excess of 250 grams per liter.
B. No product shall contain any ingredients that are carcinogens, mutagens, reproductive toxins, persistent
bioacculmulative compounds, hazardous air pollutants, or ozone-depleting compounds. An exception
must be made for titanium dioxide and, for products that are pre-tinted by the manufacturer, carbon black,
which shall be less than or equal to 1% by weight of the product.
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C. No product will contain the following:

1. methylene chloride
2. 1,1,1-trichloroethane
3. benzene
4. toluene
5. ethylbenzene
6. vinyl chloride
7. naphthalene
8. 1,2-dichlorobenzene
9. di (2-ethylhexyl) phthalate
10. butyl benzyl phthalate
11. di-n-butyl phthalate
12. di-n-octyl phthalate
13. diethyl phthalate
14. dimethyl phthalate
15. isophorone
16. antimony
17. cadmium
18. hexavalent chromium
19. lead
20. mercury
21. formaldehyde
22. methyl ethyl ketone
23. methyl isobutyl ketone
24. acrolein
25. acrylonitrile
D. No product will contain more than 1.0% by weight of sum total of volatile aromatic compounds.

1.8 VOC REQUIREMENTS FOR INTERIOR ADHESIVES:

A. The volatile organic compound (VOC) content of adhesives, adhesive bonding primers, or adhesive
primers used in this project shall not exceed the limits defined in Rule 1168 – “Adhesive and Sealant
Applications” of the South Coast Air Quality Management District (SCAQMD), of the State of California.
B. The VOC limits defined by SCAQMD are as follows. All VOC limits are defined in grams per liter, less
water and less exempt compounds.
C. For specified building construction related applications, the allowable VOC content is as follows:
1. Architectural Applications:
a. Indoor carpet adhesive 50
b. Carpet pad adhesive 50
c. Wood flooring adhesive 100
d. Rubber floor adhesive 60
e. Subfloor adhesive 50
f. Ceramic tile adhesive 65
g. VCT and asphalt tile adhesive 50
h. Drywall and panel adhesive 50
i. Cove base adhesive 50
j. Multipurpose construction adhesive 70
k. Structural glazing adhesive 100
2. Specialty Applications:
a. PVC welding 510

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b. CPVC welding 490

c. ABS welding 325
d. Plastic cement welding 250
e. Adhesive primer for plastic 550
f. Contact Adhesive 80
g. Special Purpose Contact Adhesive 250
h. Structural Wood Member Adhesive 140
i. Sheet Applied Rubber Lining Operations 850
j. Top and Trim Adhesive 250
3. Substrate Specific Applications:
a. Metal to metal 30
b. Plastic foams 50
c. Porous material (except wood) 50
d. Wood 30
e. Fiberglass 80
4. Aerosol Adhesives:
a. General purpose mist spray 65% VOC’s by weight
b. General purpose web spray 55% VOC’s by weight
c. Special purpose aerosol adhesives (all types)
70% VOC’s by weight

1.9 VOC REQUIREMENTS FOR INTERIOR SEALANTS:

A. The volatile organic compound (VOC) content of sealants, or sealant primers used in this project must not
exceed the limits defined in Rule 1168 – “Adhesive and Sealant Applications” of the South Coast Air
Quality Management District (SCAQMD), of the State of California.
B. The VOC limits defined by SCAQMD are as follows. All VOC limits are defined in grams per liter, less
water and less exempt compounds.
1. Sealants:
a. Architectural 250
b. Non-membrane roof 300
c. Roadway 250
d. Single-ply roof membrane 450
e. Other 420
2. Sealant Primer:
a. Architectural – Nonporous 250
b. Architectural – Porous 775
c. Other 750

1.10 VOC REQUIREMENTS FOR INTERIOR PAINTS:

A. Paints and Primers: Paints and primers used in non-specialized interior applications (i.e., for wallboard,
plaster, wood, metal doors and frames, etc.) shall meet the VOC limitations of the Green Seal Paint
Standard GS-11, of Green Seal, Inc., Washington, DC. Product-specific environmental requirements are
as follows:
1. Volatile Organic Compounds:
a. The VOC concentrations (in grams per liter) of the product shall not exceed those listed below
as determined by U. S. Environmental Protection Agency (EPA) Reference Test Method 24.
Interior Paints and Primers:
Non-flat: 150 g/l
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Flat: 50 g/l
The calculation of VOC shall exclude water and tinting color added at the point of sale.
B. Anti-Corrosive and Anti-Rust Paints: Anti-corrosive and anti-rust paints applied to interior ferrous metal
substrates must meet the VOC limitations of the Green Seal Paint Standard GC-03, of Green Seal, Inc.,
Washington, DC. Product-specific environmental requirements are as follows:
1. Volatile Organic Compounds:
a. The VOC concentrations (in grams per liter) of the product shall not exceed those listed
below as determined by U. S. Environmental Protection Agency (EPA) Reference Test
Method 24.
Anti-Corrosive and Anti-Rust Paints: 250 g/l
The calculation of VOC must exclude water and tinting color added at the point of sale.

1.11 VOC REQUIREMENTS FOR INTERIOR COATINGS:

A. Clear wood finishes, floor coatings, stains, sealers, and shellacs applied to the interior must meet the
VOC limitations defined in Rule 1113, “Architectural Coatings” of SCAQMD, of the State of California. The
VOC limits defined by SCAQMD, based on 7/9/04 amendments, are as follows. VOC limits are defined in
grams per liter, less water and less exempt compounds.
1. Clear Wood Finishes:
a. Varnish 350
b. Sanding Sealers 350
c. Lacquer 550
2. Shellac:
a. Clear 730
b. Pigmented 550
3. Stains 250
4. Floor Coatings 100
5. Waterproofing Sealers 250
6. Sanding Sealers 275
7. Other Sealers 200
The calculation of VOC must exclude water and tinting color added at the point of sale.

1.12 SUBMITTALS:
A. Submit Material Safety Data Sheets, for all applicable products in accordance with Section 01 33 00,
SUBMITTAL PROCEDURES. Applicable products include, but are not limited to adhesives, sealants,
carpets, paints and coatings. Material Safety Data Sheets must indicate the Volatile Organic Compound
(VOC) limits of products submitted. (If an MSDS does not include a product’s VOC limits, then product
data sheets, manufacturer literature, or a letter of certification from the manufacturer can be submitted in
addition to the MSDS to indicate the VOC limits).
B. Submit Environmental Building Materials Certification Form (EBMCF) as referenced in Section 01 81
13.03 SUSTAINABLE REQUIREMENTS FOR LEED v3 BUILDINGS: For each field-applied adhesive,
sealant, paint, and coating product, provide the VOC requirement, as provided in this Specification, for
the relevant material category indicated on the documentation noted above.

PART II – PRODUCTS (Not Used)

PART III – EXECUTION (Not Used)
END OF SECTION 01 81 13.13

VOLATILE ORGANIC COMPOUND (VOC) LIMITS FOR ADHESIVES,

SEALANTS, PAINTS AND COATINGS FOR LEED v3 BUILDINGS
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VOLATILE ORGANIC COMPOUND (VOC) LIMITS FOR ADHESIVES,

SEALANTS, PAINTS AND COATINGS FOR LEED v3 BUILDINGS
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SECTION 01 81 19
INDOOR AIR QUALITY REQUIREMENTS FOR LEED BUILDINGS

REFER TO THE ADDENDUM FOR APPLICABILITY OF THIS SECTION 01 81 19

PART I – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].

1.2 CONSTRUCTION IAQ MANAGEMENT GOALS FOR THE PROJECT:

A. The City of New York has determined that this Project must minimize the detrimental impacts on Indoor Air
Quality (IAQ) resulting from construction activities. Factors that contaminate indoor air, such as dust
entering HVAC systems and ductwork, improper storage of materials on-site, and poor housekeeping, must
be minimized.

1.3 RELATED SECTIONS:

A. All sections of the Specifications related to interior construction, MEP systems and items affecting indoor air
quality.
B. Division 9 (of the Specifications): Finishes.
C. Refer to the Addendum to identify whether this project is designed to comply with a Certification Level
according to the U.S. Green Building Council’s LEED Rating System, as specified in Section 01 81 13.03
SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v3 BUILDINGS or Section 01 81 13.04
SUSTAINABLE DESIGN REQUIREMENTS FOR LEED v4 BUILDINGS.
D. Refer to the Addendum to identify whether this project is designed to comply with Section 01 81 13.13
VOLATILE ORGANIC COMPOUND (VOC) LIMITS FOR ADHESIVES, SEALANTS, PAINTS AND
COATINGS FOR LEED v3 BUILDINGS.
E. Section 01 91 13 GENERAL COMMISSIONING REQUIREMENTS FOR MEP SYSTEMS.

1.4 DEFINITIONS:

A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

Design Consultant The entity responsible for providing design services for the Project, including
without limitation, preparing the construction documents (drawings and
specifications) and providing services in connection with such documents during
construction. The entity serving as the “Design Consultant” may be a corporation,
firm, partnership, joint venture, individual or combination thereof. Such entity may
be either an employee(s) of the City or an entity engaged by the City to provide
such services.

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Volatile Organic Chemical compounds common in and emitted by many building products, including
Compounds (VOCs) solvents in paints, coatings, adhesives and sealants, wood preservatives,
composite wood binder, and foam insulations. Not all VOCs are harmful, but many
of those contained within building products contribute to the formation of smog and
may irritate building occupants by their smell or health impact.
Materials that act as Absorptive materials, typically dry and soft materials (such as textiles, carpeting,
“sinks” for VOC acoustical ceiling tiles and gypsum board) that readily absorb VOCs emitted by
contamination “source” materials and release them over a prolonged period of time.
Materials that act as Products with high VOC contents that emit VOCs either rapidly during application
“sources” for VOC and curing (typically "wet" products, such as paints, sealants, adhesives, caulks
contamination and sealers) or over a prolonged period (typically “dry” products such as flooring
coverings with plasticizers and engineered wood with formaldehyde).

1.5 REFERENCES, RESOURCES:

A. “IAQ Guidelines for Occupied Buildings Under Construction”, Second Edition, 2007, The Sheet Metal and
Air Conditioner Contractors National Association (SMACNA). (703) 803-2980, www.smacna.org.
B. ANSI/ASHRAE 52.2-2007, “Method of Testing General Ventilation Air-Cleaning Devices for Removal
Efficiency by Particle Size”, www.ashrae.org.

1.6 LEED BUILDING GENERAL REQUIREMENTS:

A. Implement practices and procedures as necessary to meet the Project’s environmental performance goals
as set forth in the specific requirements of this section. Specific Project goals that may impact this area of
work include: use of recycled-content materials; use of low-emitting materials; construction waste recycling;
and the implementation of a construction indoor air quality management plan. Ensure that the requirements
related to these goals, as defined in this section, are implemented to the fullest extent. Substitutions or
other changes to the work will not be allowed if such changes compromise the stated LEED building
performance criteria.

1.7 CONSTRUCTION IAQ MANAGEMENT PLAN:

A. The Contractor must prepare a Construction IAQ Management Plan in coordination with each
Subcontractor and submit the Construction IAQ Management Plan to the Commissioner for approval in
accordance with Section 01 33 00 SUBMITTAL PROCEDURES. The Construction IAQ Management Plan
must meet the following criteria:
1. Construction activities must be planned to meet or exceed the minimum requirements of SMACNA’s
“IAQ Guidelines for Occupied Buildings under Construction”, Second Edition, 2007.
2. Absorptive materials must be protected from moisture damage when stored on-site and after
installation.
3. The planned operation of air handlers during construction must be described. If air handlers are to
be used during construction, filtration media with a Minimum Efficiency Reporting Value (MERV) of 8
must be used at each return air grille and return or transfer duct inlet opening, such that there is no
bypass around the filtration media, as determined by ASHRAE 52.2-2007.
4. Filtration media must be replaced immediately prior to occupancy. Filtration media must have a
MERV of 13 as determined by ASHRAE 52.2-2007.
5. A sequence of finish installation plan “Plan” must be developed, highlighting measures to reduce the
absorption of VOCs by materials that act as “sinks”.

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6. The use of tobacco products is prohibited inside the building and within 25 feet of the building
entrance during construction.
7. A flush-out or air testing must be performed.
8. Upon approval of the finish installation plan by the Commissioner, it must be implemented by the
Contractor through the duration of the construction process, and documented in accordance with the
Submittal Requirements of Sub-Section 1.8 herein.
B. Detailed requirements of the Construction IAQ Management Plan are as follows:
1. SMACNA Guidelines: Chapter 3 of the referenced “IAQ Guidelines for Occupied Buildings Under
Construction”, outline IAQ measures in five categories as listed below. The Construction IAQ
Management Plan must be organized in accordance with the SMACNA format, and must address
measures to be implemented in each of the five categories (including subsections). All subsections
must be listed in the Plan; items that are not applicable for this Project should be listed as such.
a. HVAC Protection
1) Protect air handling, distribution equipment and air supply, and return ducting during
construction.
2) All ductwork arriving on site will be sealed with plastic sheeting and stored on pallets or
dunnage until installed.
3) Cover and protect all exposed air inlets and outlets, openings, grilles, ducts, plenums,
etc. to prevent water, moisture, dust and other contaminant intrusion.
4) Apply protection immediately after ducting.
5) Protect ducting runs at the end of day’s work.
6) Inspect temporary filtration weekly and replace as required to maintain the proper
ventilation rates in the building.
7) To reduce debris and contamination to mechanical systems, do not store materials in
mechanical rooms.
b. Source Control
1) Protect stored on-site or installed absorptive or porous materials. Store materials in dry
conditions indoors, under cover, and off the ground or floor.
2) Do not use wet or damaged porous materials in the building. Materials which become
contaminated through direct exposure to moisture from precipitation, plumbing leaks, or
condensation must be replaced by the Contractor, at no additional cost to the City of New
York.
3) Use low-toxicity and low-VOC materials to the greatest extent possible.
4) Recover, isolate, and ventilate containers housing toxic materials and materials with
VOC levels above the limits for interior adhesives, sealants, paints, and coatings
described in these Specifications.
5) Prevent exhaust fumes from idling vehicles, equipment and fossil-fueled tools from
entering the building.
6) Containers housing toxic materials and materials with VOC levels above the limits for
interior adhesives, sealants, paints, and coatings described in these Specifications, must
be closed when not in use.
7) Enforce the no-smoking job site policy.

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c. Pathway Interruption
1) Depressurize work areas which contain dust and odors.
2) Pressurize occupied spaces to prevent intrusion of dust and odors.
3) Erect barriers to contain construction areas.
4) Relocate pollutant sources.
5) Temporarily seal the building and provide 100% outside air for ventilation.
6) Provide walk-off mats at entryways to reduce introduced dirt and pollutants.
7) Use dust guards and collectors on saws and other tools.
d. Housekeeping
1) Store materials on elevated platforms under cover, in a designated dry, clean location,
prior to unpacking for installation.
2) If materials are not stored in an enclosed location, cover tops and sides of material with
waterproof sheeting, securely tied.
3) Institute cleaning activities to remove contaminants from the building prior to occupancy.
Clean all coils, air filters and ductwork prior to performing testing, adjusting and balancing
of HVAC systems.
4) Sweep the work area on a daily basis. Use an efficient and effective dust collecting
method such as damp cloth, wet mop, or vacuum with high-efficiency particulate filters.
Activities which produce high levels of dust must be cleaned up immediately upon
completion.
5) Spills or excess applications of products containing solvents, or with VOC levels above
the limits for interior adhesives, sealants, paints and coatings described in these
Specifications, must be removed immediately.
6) Dust all walls prior to application of finishes.
7) Vacuum all stud tracks prior to application of insulation.
8) Keep materials organized to improve job safety as well as indoor air quality.
e. Scheduling
1) Phase construction such that absorptive materials are installed only in areas that are
weathertight.
2) Schedule activities that utilize “sources” of VOC contamination to take place prior to
installing high absorbent materials that will act as “sinks” for contaminants.
3) Review of the appropriate components of the Construction IAQ Management Plan must
be a regular action topic at weekly site coordination meetings. Implementation of the Plan
must be documented in the meeting minutes.
2. Protection of Materials from Moisture Damage: As part of the “Source Control” section of the
Construction IAQ Management Plan, measures to prevent installed materials or material stored on-
site from moisture damage must be described. This section must also describe corrective measures
to be taken if moisture damage does occur to absorptive materials during the course of construction
(see Section 1.7 B.1.b).
3. Replacement of Filtration Media: Under the “HVAC Protection” section of the Construction IAQ
Management Plan, a description of the filtration media in all ventilation equipment must be provided.

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The description must include replacement criteria for filtration media during construction, and
confirmation of filtration media replacement for all equipment immediately prior to occupancy.
4. Sequence of Finish Installation for Materials: Where feasible, absorptive materials must be installed
after the installation of materials or finishes which have high short-term emissions of VOCs,
formaldehyde, particulates, or other air-borne compounds. Absorptive materials include, but are not
limited to: carpets; acoustical ceiling panels; fabric wall coverings; insulations (exposed to the
airstream); upholstered furnishings; and other woven, fibrous or porous materials. Materials with high
short-term emissions include, but are not limited to: adhesives, sealants and glazing compounds
(specifically those with petrochemical vehicles or carriers); paints, wood preservatives and finishes;
control and/or expansion joint fillers; hard finishes requiring adhesive installation; gypsum board (with
associated finish processes and products); and composite or engineered wood products with
formaldehyde binders.
5. Pre-Occupancy Phase: Perform either a flush-out or air sample testing (Options 1 or 2, respectively),
as follows:
a. OPTION 1 — Flush-Out
1) Perform flush-out using either Path 1 or Path 2.
i. Path 1: After construction ends, prior to occupancy and with all interior finishes
installed, install new filtration media and perform a building flush-out by supplying a
total air volume of 14,000 cu.ft. of outdoor air per sq.ft. of floor area while maintaining
an internal temperature of at least 60 degrees F and no higher than 80 degrees F and
relative humidity no higher than 60%.
ii. Path 2: If occupancy is desired prior to completion of the flush-out, the space may be
occupied following delivery of a minimum of 3,500 cu.ft. of outdoor air per sq.ft. of
floor area to the space. Once a space is occupied, it must be ventilated at a minimum
rate of 0.30 cfm/sq.ft. of outside air or the design minimum outside air rate determined
in IEQ Prerequisite: Minimum Indoor Air Quality Performance, whichever is greater.
During each day of the flush-out period, ventilation must begin a minimum of three
hours prior to occupancy and continue during occupancy. These conditions must be
maintained until a total of 14,000 cu.ft./sq.ft. of outside air has been delivered to the
space.
2) Commissioning can occur during flush-out, at the discretion of the Commissioner,
provided none of the commissioning procedures introduce contaminants into the space
and none of the flush-out procedures circumvent the commissioning process. Complete
testing and balancing of the HVAC system after the flush-out is complete. Refer to
Section 01 91 13 GENERAL COMMISSIONING REQUIREMENTS FOR MEP
SYSTEMS.
3) If even partial construction work occurs during the flush-out, the flush-out must be started
again from the beginning for that space. If multiple, discrete HVAC systems operate
independently, flush-out may be completed in portions of the building as work is
completed in each area served by a given system.
OR
b. OPTION 2 — Air Testing
1) Conduct baseline IAQ testing, after construction ends and prior to occupancy, using
testing protocols consistent with current versions of the United States Environmental
Protection Agency “Compendium of Methods for the Determination of Air Pollutants in
Indoor Air” or ISO methods, as additionally detailed in the USGBC “LEED BD+C
Reference Guide.”

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2) Demonstrate that the contaminant maximum concentrations listed below are not
exceeded.

CONTAMINANT MAXIMUM CONCENTRATION

Formaldehyde 27 parts per billion
Particulates (PM10 for all buildings; PM25 for buildings in EPA PM10: 50 micrograms per cubic meter
nonattainment areas, or local equivalent) PM25: 15 micrograms per cubic meter
Ozone (for buildings in EPA nonattainment areas) 0.075 parts per million
Total Volatile Organic Compounds (TVOC) 500 micrograms per cubic meter
Target chemicals listed in the California Department of Public Health CDPH Standard Method v1.1-2010,
(CDPH) Standard Method c1.1, Table 4-1, except formaldehyde Allowable Concentrations, Table 4-1
9 part per million and no greater than 2
Carbon Monoxide (CO)
parts per million above outdoor levels

3) The air sample testing must be conducted as follows:

i. All measurements must be conducted prior to occupancy, but during normal
occupied hours and with the building ventilation system starting at the normal daily
start time and operated at the minimum outside air flow rate for the occupied mode
throughout the duration of the air testing.
ii. The building must have all interior finishes installed, including but not limited to
millwork, doors, paint, carpet and acoustic tiles. Non-fixed furnishings such as
workstations and partitions are required to be in place for the testing.
iii. Prior to air sample testing, all punch-list items that would generate VOCs or other
contaminants, the testing and balancing of the HVAC system and finalization of all
cleaning must be completed. Use low-emitting cleaning products and vacuum
cleaners with HEPA filtration.
iv. The number of sampling locations will vary depending upon the size of the building
and number of ventilation systems. For each portion of the building served by a
separate ventilation system, the number of sampling points must not be less than
one per 25,000 sq.ft., or for each contiguous floor area, whichever is larger, and
include areas with the least ventilation and greatest presumed source strength.
v. Air samples must be collected between 3 feet and 6 feet from the floor to represent
the breathing zone of occupants, and over a minimum 4-hour period.
vi. For each sampling point where the maximum concentration limits are exceeded,
conduct additional flush-out with outside air and retest the specific parameter(s)
exceeded to indicate the requirements are achieved. Repeat procedure until all
requirements have been met. When retesting non-complying building areas, take
samples from the same locations as in the first test.
6. Implementation and Coordination: Before Demolition and/or Construction begins, the Contractor
must implement the Construction IAQ Management Plan, coordinate the Construction IAQ
Management Plan with all affected trades, and designate one individual as the Construction IAQ
Representative at no additional cost to the City of New York, who will be responsible for
communicating the progress of the Construction IAQ Management Plan with the Commissioner
monthly and for assembling the required LEED documentation. Include provisions in the Construction

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IAQ Management Plan for addressing conditions in the field that do not adhere to the Plan, including
provisions to implement a stop work order or to rectify non-compliant conditions.
a. Distribution: The Contractor must distribute copies of the Construction IAQ Management Plan in
accordance with Section 01 33 00 SUBMITTAL PROCEDURES.
b. Instruction: The Contractor must provide on-site instruction of appropriate site management to
all Contractor’s Subcontractors.
c. Monitoring: The Construction IAQ Representative must monitor the implementation of the
Construction IAQ Management Plan.

1.8 SUBMITTALS:
A. Submit the following LEED-required records and documents in accordance with Section 01 33 00
SUBMITTAL PROCEDURES and, as applicable, Section 01 81 13.03 SUSTAINABLE DESIGN
REQUIREMENTS FOR LEED v3 BUILDINGS or Section 01 81 13.04 SUSTAINABLE DESIGN
REQUIREMENTS FOR LEED v4 BUILDINGS.
A. A copy of the Construction IAQ Management Plan as defined in Sub-Section 1.7 herein.
B. IAQ Tracking Log
1. Note date of observed major Construction IAQ issues, describe any damage, describe any repairs or
maintenance of specific control measures performed and note responsible party.
2. Note date and findings of weekly site review, describe any repairs or maintenance performed, and note
responsible party. Provide date-stamped photographs, inspection reports or other recording processes.
3. Submit log monthly.
B. Product cut-sheets for all filtration media used during construction and installed immediately prior to
occupancy, with MERV values highlighted. Cut sheets must be submitted with the Contactor’s or
Subcontractor’s “approved” stamp as confirmation that the products are the products installed on the
Project.
C. PHOTOGRAPHS: Submit to the Commissioner a minimum of 18 photographs as required under the
provision for special photographs, in accordance with Section 01 32 33 PHOTOGRAPHIC
DOCUMENTATION, comprised of at least six photographs taken on three different occasions during
construction of each IAQ measure. The photographs must document the implementation of the
Construction IAQ Management Plan throughout the course of the Project construction. Examples include
photographs of ductwork sealing and protection, temporary ventilation measures, and conditions of on-site
materials storage (to prevent moisture damage). Photographs must include integral date stamping, and
must be submitted with brief descriptions of the Construction IAQ Management Plan measure documented,
or be referenced to Project meeting minutes or similar Project documents which reference to the
Construction IAQ Management Plan measure documented.
D. A copy of the Project’s “Testing, Adjusting and Balancing” (TAB) report, if applicable.

1.9 QUALITY ASSURANCE:

A. The Contractor will be responsible for preparing and implementing the Construction IAQ Management Plan
and must coordinate and incorporate the work of its Subcontractors in the IAQ Management Plan. Include
the Construction IAQ Management Plan requirements in contract agreements with Subcontractors.
Familiarize Subcontractors with the Construction IAQ Management Plan and how the Construction IAQ
Management Plan will affect their daily activities. Hold a Subcontractors’ orientation meeting to review the
Construction IAQ Management Plan requirements.
B. Responsibility of Subcontractors: Subcontractors for this Project will be responsible for cooperating with the
Contractor in the preparation and implementation of the Construction IAQ Management Plan.

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C. Include construction IAQ progress check-ins as a regular item in weekly Subcontractor meetings and safety
meetings. Provide a copy of the plan on site, posted in an easily accessible area.

PART II – PRODUCTS (Not Used)

PART III – EXECUTION (Not Used)

END OF SECTION 01 81 19

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SECTION 01 91 13
GENERAL COMMISSIONING REQUIREMENTS FOR MEP SYSTEMS

REFER TO THE ADDENDUM FOR APPLICABILITY OF THIS SECTION 01 91 13

PART I – GENERAL

1.1 RELATED DOCUMENTS:

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].
B. The OPR and BOD documents are included by reference for information only.
C. The Commissioning Plan, prepared by the Commissioning Agent (CxA) under separate contract with the
City of New York, contains requirements that apply to this section.

1.2 SUMMARY:
This section includes general requirements that apply to implementation of Commissioning without regard to systems,
subsystems and equipment being commissioned. General Requirements for building enclosure commissioning are
addressed in a separate specification.
A. This Section includes:
1. Definitions
2. Commissioning Team
3. City’s Responsibilities
4. Contractor’s Responsibilities
5. CxA Responsibilities
6. Commissioning Documentation
7. Submittals
8. Coordination
9. Execution
1.3 RELATED SECTIONS:
A. System-Specific Commissioning requirements indicated in other sections of the Project Specifications for
specific requirements for commissioning systems.
B. This Project will be commissioned by an independent third party under separate contract with the City of
New York. Commissioning must be in accordance with ASHRAE and USGBC LEED procedures, and
specific commissioning requirements of the Project Specifications, whichever is more stringent. The
Contractor must cooperate with the CxA and provide whatever assistance is required.
C. Related sections include, without limitation, the following:
1. Section 01 10 00 SUMMARY
2. Section 01 31 00 PROJECT MANAGEMENT AND COORDINATION
3. Section 01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION
4. Section 01 78 39 CONTRACT RECORD DOCUMENTS
5. Section 01 79 00 DEMONSTRATION AND OWNER’S PRE-ACCEPTANCE ORIENTATION
6. Section 01 81 13 SUSTAINABLE DESIGN REQUIREMENTS FOR LEED BUILDINGS
7. Section 01 91 15 GENERAL COMMISSIONING REQUIREMENTS FOR BUILDING
ENCLOSURE

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1.4 DEFINITIONS:
A. Refer to Article 2 of the Contract for definition of terms, words and expressions used in the General
Conditions not otherwise defined herein.

A document, prepared by the Design Consultant, that records concepts, calculations,

decisions, and product selections used to meet the OPR and to satisfy applicable
Basis of Design (BOD)
regulatory requirements, standards, and guidelines. The document includes both
narrative descriptions and lists of individual items that support the design process.
Forms that outline the step-by-step process that must be executed to fulfill the test
requirements and to verify that materials, equipment, assemblies and systems are
Checklists
installed in accordance with the Contract Documents. The CxA must develop the
checklists; the Contractor must complete them.
Commissioning is a systematic process of ensuring and documenting that the building
systems, including the mechanical and electrical systems, have been installed in the
prescribed manner, are functionally checked and capable of being operated and
Commissioning
maintained to perform with the design intent and have documentation to support proper
installation and operation. The process does not eliminate or reduce the responsibility of
the installing contractors to provide a finished product.
Commissioning Agent Consultant under separate contract with the City of New York to provide Commissioning
(Aka Commissioning services for this Project. The CxA must not be an employee of the Contractor, nor will
Authority) (CxA) the CxA have any interest in the Contract.
A document developed by the CxA that outlines the organization, schedule, roles and
Commissioning Plan responsibilities, allocation of resources, and documentation requirements of the
commissioning process.
Performance tests that are performed, at the discretion of the CxA, after substantial
Deferred Performance
completion, due to partial occupancy, equipment, seasonal requirements, design, or
Tests
other site conditions that disallow the test from being performed.
The entity responsible for providing design services for the Project, including without
limitation, preparing the construction documents (drawings and Specifications) and
providing services in connection with such documents during construction. The entity
Design Consultant
serving as the “Design Consultant” may be a corporation, firm, partnership, joint venture,
individual or combination thereof. Such entity may be either an employee(s) of the City
or an entity engaged by the City to provide such services.
Testing of equipment on-site or at the factory, by factory personnel, with or without the
Factory Testing
City’s representative.
Functional performance testing includes the dynamic functions and operations of
equipment and systems using manual or monitoring methods under various levels of
operation. Systems are tested under various modes, such as during low cooling loads,
Functional
high loads, component failures, unoccupied, varying outside air temperatures, fire
Performance Test
alarms, power failure, etc. The systems are run through all the control system’s
(FPT)
sequences of operation and components are verified to respond as the sequences state.
Such tests must be performed as per the protocol written by the CxA which definines the
methods, personnel and expectations.
A condition in the installation or function of a component, piece of equipment, or system
Issue (or Deficiency)
that is not in compliance with the Contract Documents.

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A formal and ongoing record of problems, deficiencies or concerns that have been
raised by members of the Commissioning Team during the course of commissioning.
The Issues Log is the primary tracking tool to address all Commissioning Issues by
Issues Log
concerned parties. All Issues must be addressed and resolved by the concerned
parties before the closeout of the Project. This log tracks the resolution performed
and date of closure of each Issue.
A complete listing of all commissioned building equipment, including details such as
make, model, location, ID Tag number, etc. that is taken from submittals and is the basis
Master Equipment List
from which checklists will be generated. The MEL is a spreadsheet which is also used as
(MEL)
a tracking tool for all milestones of the commissioning process, such as the creation and
performance of checklists, startup of equipment, TAB work, etc.
The recording of parameters (flow, current, status, pressure, etc.) of equipment
Monitoring
operation using data loggers or the trending capabilities of control systems.
Tests paid for by the City of New York outside of the Contractor’s Contract and for which
Owner (City of New
the CxA does not provide oversight. These tests will not be repeated during functional
York) Contracted Tests
testing if properly documented.
A document, prepared by the Design Consultant that details the functional requirements
Owner's (City of New
of a Project and the expectations of how it will be used and operated. These include
York) Project
Project goals, measurable performance criteria, cost considerations, benchmarks,
Requirements (OPR)
success criteria, and supporting information.
A list of items to inspect and elementary component tests to conduct to verify proper
installation of equipment, provided by the CxA to the Contractor. Installation checklists
Pre-functional are primarily static inspections and procedures to prepare equipment or systems for
(Installation) Checklists initial operation. Pre-functional (Installation) checklists augment, and are combined with,
the manufacturer’s startup checklist. The Checklists are filled out by the Contractor and
reviewed by the CxA.
Functional testing for a percentage of the total number of identical or near-identical
Sampling
pieces of equipment.
Seasonal Performance Functional tests that are deferred until, or performed again when, the system(s) will
Tests experience climate conditions close to their design conditions.
Startup The initial starting or activating of equipment, including executing construction checklists.
Systems, Subsystems,
Where these terms are used together or separately, they mean "as-built" systems,
Equipment, and
subsystems, equipment, and components.
Components
A system-focused composite document that includes the Operation and Maintenance
Systems Manual Manual, and additional information of use to the owner during the occupancy and
operations phase.
Testing, adjusting, and balancing of the Heating Hot Water (HHW), Chilled Water (CHW)
Testing, Adjusting and
and Heating, Cooling, and Ventilation Airflow distribution system flows and pressures as
Balancing (TAB)
specified in Contract Documents by a subcontractor certified to perform such work.
Requirements specifying what modes and functions, etc. must be tested on any given
piece of equipment or any given system (integrated or standalone). The test
Test Requirements
requirements are not the detailed test procedures. The test requirements for each
system are specified in the respective Contract Documents.

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Monitoring using the building controls system, and analysis of the data gathered over a
Trending
period of time.

1.5 COMMISSIONING TEAM:

A. Members Appointed by the Contractor and its Subcontractors: Individuals, each having authority to act on
behalf of the entity he or she represents, explicitly organized to implement the Commissioning process
through coordinated actions. The Commissioning Team will consist of, but not be limited to, representatives
of the Contractor, including Project superintendent and Subcontractors, installers, suppliers and specialists
deemed appropriate by the CxA.
B. Members Appointed by the City:
1. Commissioning Authority/Agent (CxA): The designated person, company, or entity under separate
Contract with the City that plans, schedules and coordinates the Commissioning Team to implement
the commissioning process.
2. Representatives of the facility user and operation and maintenance personnel.
3. Design Consultant and other concerned entities.

1.6 CITY’S RESPONSIBILITIES:

A. Provide the OPR and BOD documentation to the CxA for use in developing the Commissioning Plan;
systems manual; operation and maintenance orientation plan; and testing plans and checklists.
B. Assign operation and maintenance personnel to participate in Commissioning Team activities.
C. Provide full details and results of any Owner- contracted tests relevant to the current Project.

1.7 CONTRACTOR'S RESPONSIBILITIES:

A. The Contractor must provide utility services required for the commissioning process.
B. As a member of the Commissioning Team, the Contractor and Subcontractors must assign representatives
with expertise and authority to act on behalf of the Contractor and its Subcontractor and schedule them to
participate in and perform Commissioning Team activities including, but not limited to, the following:
1. Participate in scheduled construction-phase coordination and Commissioning Team meetings.
2. Integrate and coordinate commissioning process activities with the construction schedule.
3. Provide all factory acceptance test reports to the CxA through the Commissioner.
4. Respond to any additional specific information requests from the CxA. CxA may request additional
documentation necessary for the commissioning process. Requests by CxA may precede, be
concurrent with, or follow normal submittals.
5. Ensure the cooperation and participation of all Subcontractors and manufacturers of equipment to
be commissioned.
6. Verify and confirm that components, equipment, and system are functioning as per design prior to
CxA witnessing testing.
7. Perform testing required in the Commissioning schedule as per the Commissioning process test
procedures provided by the CxA, providing no less than 48 hours’ notice to the CxA through the
Commissioner.
8. Complete installation checklists as Work is completed and return to CxA through the
Commissioner.

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9. Provide written responses to the CxA through the Commissioner for resolution of Issues recorded in
the Issues Log within five (5) business days.
10. Evaluate performance deficiencies identified in test reports and, in collaboration with entity
responsible for system and equipment installation, recommend corrective action.
11. Submit As-Built documents, operation and maintenance manuals for systems and subsystems, and
equipment in accordance with Section 01 78 39 CONTRACT RECORD DOCUMENTS. Such
documents must be submitted prior to functional testing.
12. Provide orientation sessions for operations and maintenance personnel (sessions will be witnessed
by the CxA) in accordance with Section 01 79 00 DEMONSTRATION AND OWNER’S PRE-
ACCEPTANCE ORIENTATION. Provide no less than 48 hours’ notice to the CxA, through the
Commissioner. Video record and edit orientation sessions and provide DVD to the CxA and
Commissioner no later than two (2) weeks after the orientation session occurs. Edit as requested
by the Commissioner.

1.8 COMMISSIONING AGENT’S (CxA) RESPONSIBILITIES:

A. Organize and lead the Commissioning Team.
B. Prepare a construction-phase Commissioning Plan. Collaborate through the Commissioner with each
Contractor and with Subcontractors to develop test and inspection procedures. Include design changes and
coordinate Commissioning activities with the overall Project schedule. Identify Commissioning Team
member responsibilities, by name, firm, and trade specialty, for performance of each commissioning task.
Update the Commissioning Plan during construction as required.
C. Review and comment in accordance with Section 01 33 00 SUBMITTAL PROCEDURES, on submittals
from the Contractor for compliance with the OPR, BOD, Contract Documents, and construction-phase
Commissioning Plan. Review and comment on performance expectations of systems and equipment and
interface between systems relating to the OPR and BOD.
D. Coordinate with the Commissioner, in accordance with Section 01 31 00 PROJECT MANAGEMENT AND
COORDINATION, to convene Commissioning Team meetings for the purpose of coordination,
communication and conflict resolution; discuss progress of the commissioning processes.
E. At the beginning of the construction phase, coordinate with the Commissioner’s kick-off meeting schedule
to conduct an initial construction-phase coordination meeting for the purpose of reviewing the
Commissioning activities and establishing tentative schedules for operation and maintenance submittals,
operation and maintenance orientation sessions, TAB Work, testing, and Project completion.
F. Perform site visits to observe and inspect construction as described in the Commissioning Plan. Report
progress and deficiencies to the Commissioner. In addition to compliance with the OPR, BOD, and Contract
Documents, inspect systems and equipment installation for adequate accessibility required for component
maintenance replacement and repair.
G. Prepare and distribute project-specific test and inspection procedures and checklists and maintain MEL.
H. Verify air and water systems balancing by sampling, reviewing completed reports and selected site
observation. Coordinate submittal reviews with the Commissioner so that the comments are combined into
a single review and submitted to the Contractor.
I. Coordinate with the Commissioner to witness and document tests, inspections and systems startup, as per
the Commissioning Plan.
J. Maintain an Issues Log and a record of functional testing. Report all Issues as they occur to the
Commissioner.

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K. Compile test data, inspection reports and certificates, and include them in the systems manual and
Commissioning Report.
L. Certify date of acceptance and startup for each item of equipment for start of warranty periods.
M. Review and comment on operation and maintenance documentation and systems manual outline for
compliance with the OPR, BOD, and Contract Documents. Operation and maintenance documentation
requirements are specified in other sections of the Project Specifications and described in Section 01 78
39 CONTRACT RECORD DOCUMENTS.
N. Review agenda for orientation; witness and confirm orientation session conforms with agenda and Contract
Documents; review recording of demonstration and orientation sessions provided by the Contractor on USB
drive or other electronic media as requested by the Commissioner and provide appropriate comments for
editing.
O. Return to the site ten (10) months into the twelve (12)-month guaranty period, to review with facility staff
the current building operation and the condition of outstanding Issues related to the original and seasonal
commissioning. Interview facility staff and identify problems or concerns they have with operating the
building as originally intended.
P. Prepare Commissioning Reports.
Q. Assemble the final commissioning documentation, including the Commissioning Report and Systems
Manual.
R. Perform all CxA tasks as defined by LEED; prepare LEED submittal documents.

1.9 COMMISSIONING DOCUMENTATION:

The Contractor must assist the CxA in the development and compiling of the following Commissioning
Documentation:
A. Index of Commissioning Documents: The CxA will prepare an index including the storage location of each
document.
B. Commissioning Plan: A document prepared by the CxA that outlines the schedule, allocation of resources,
roles and responsibilities, and documentation requirements of the Commissioning process.
C. Test Checklists: The CxA will develop test checklists for each system, subsystem, or equipment including
interfaces and interlocks, and include a separate entry, with space for comments, for each item to be tested.
The CxA will prepare separate checklists for each mode of operation and provide space to indicate whether
the mode under test responded as required. Space will be provided for testing personnel to sign off on each
checklist. Specific checklist content requirements are specified in other sections of the Project
Specifications, but must include without limitation:
1. Identification of tested item
2. Date of test
3. Indication of whether the record is for a first test or retest following correction of a problem or Issue
4. Dated signatures of the person performing the test and of the witness if applicable
5. Deficiencies and Issues, if any, generated as a result of the test
D. Inspection Checklists will be signed by the Contractor, Subcontractor(s), Installer(s), and CxA certifying that
systems, subsystems, equipment, and associated controls are ready for testing.
E. Test and Inspection Reports: The CxA will record test data, observations, and measurements on test
checklists. Photographs, forms, and other means appropriate for the application will be included with data.

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CxA must compile test and inspection reports and test and inspection certificates and include them in
systems manual and Commissioning Report.
F. Corrective Action Documents: The CxA will document corrective action taken for systems and equipment
that fail tests and include required modifications to systems and equipment and revisions to test procedures,
if any. The Contractor must retest systems and equipment requiring corrective action. The CxA will
document retest results.
G. Issues Log: The CxA will prepare and maintain an Issues Log that describes design, installation, and
performance Issues that are at variance with the OPR, BOD, and Contract Documents. The log will identify
and track Issues as they are encountered, documenting the status of unresolved and resolved Issues. The
Issues Log will identify, at a minimum:
1. The party responsible for correcting the Issue,
2. The person documenting the Issue resolution,
3. The exact location of the Issue (floor and room),
4. The applicable system component,
5. A detailed description of the Issue,
6. The Issue status, and
7. The date the Issue was discovered and the date the Issue was resolved.
H. Commissioning Report: The CxA will document results of the commissioning process including unresolved
Issues and performance of systems, subsystems, and equipment. The Commissioning Report will indicate
whether systems, subsystems, and equipment have been completed and are performing according to the
OPR, BOD, and Contract Documents. The Commissioning Report must include:
1. An executive summary, including participants and their roles, a brief building description, an
overview of the commissioning and testing scope, and a general description of testing and
verification methods,
2. Installation/Pre-Functional Checklists,
3. Start-up reports,
4. Functional Test documentation,
5. Trend Log Analysis,
6. The final Issues Log, with all Issues identified through the commissioning process, identifying
which, if any, Issues remain unresolved,
7. The Commissioning Plan,
8. Commissioning progress and field reports,
9. Commissioning review documents, and
10. Record of owner’s orientation.
I. Systems Manual: The CxA will gather required information and compile systems manual as specified in
other sections of the Project Specifications and described in Section 01 78 39 CONTRACT RECORD
DOCUMENTS.

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1.10 SUBMITTALS:
A. Submittal of shop drawings, product data, samples, etc., relevant to commissioning must be provided to
the CxA as requested. Such submittals must be in compliance with Section 01 33 00 SUBMITTAL
PROCEDURES.
B. As-Built Contract Record Drawings and Operating and Maintenance Manuals relevant to commissioning
must be provided to the CxA as requested. Such submittals must be in compliance with Section 01 78 39
CONTRACT RECORD DOCUMENTS.
C. All demonstration and orientation submittals relevant to commissioning must be provided to the CxA as
requested. Such submittals must be in compliance with Section 01 79 00 DEMONSTRATION AND
OWNER’S PREACCEPTANCE ORIENTATION.
D. Completed Prefunctional (Installation) Checklists must be provided to the CxA.

1.11 COORDINATION:
A. Coordination of Commissioning is the responsibility of all Commissioning Team members.
B. Coordinating Meetings: The CxA will coordinate with the Commissioner’s regularly scheduled construction
progress meetings to conduct coordination meetings of the Commissioning Team to review progress on
the Commissioning Plan, to discuss scheduling conflicts, and to discuss upcoming commissioning process
activities. Commissioner and Contractor must ensure that all required Commissioning Team members
attend.
C. Construction Documents: The Contractor, through the Commissioner, will furnish copies of all construction
documents, addenda, change orders and appropriate submittals and shop drawings to the CxA.
D. Pre-testing Meetings: The CxA will coordinate with the Commissioner to conduct pretest meetings of the
Commissioning Team to review startup reports, pretest inspection results, testing procedures, testing
personnel and instrumentation requirements, and manufacturers' authorized service representative
services for each system, subsystem, equipment, and component to be tested. Commissioner and
Contractor must ensure that all required Commissioning Team members attend.
E. Testing Coordination: Contractor must coordinate schedule times with the Commissioning Team, through
the Commissioner, for tests, inspections, obtaining samples, and similar activities. The CxA will advise the
Commissioning Team as to the sequence of testing activities to accommodate required quality-assurance
and -control services with a minimum of delay and to avoid necessity of removing and replacing construction
to accommodate testing and inspecting.
F. Manufacturers' Field Services: The Contractor must coordinate manufacturers' field services, as per the
Commissioning Plan.
G. The CxA will regularly apprise the Commissioner of progress, pending problems and/or disputes, as well
as provide regular status reports on progress with each system.

PART II – PRODUCTS

2.1 TEST EQUIPMENT

A. All industry standard test equipment required for performing the specific tests must be provided by the
Contractor responsible for testing. Any proprietary Vendor-specific test equipment must be provided by that
Vendor or Manufacturer.
B. Special equipment, tools, instruments, software, and equipment communication network access hardware
and software (only available from Vendor, specific to the piece of equipment) required for testing equipment
according to the Contract Documents must be included at no extra cost to the City and must be turned over

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to the City at Project close-out, except for stand-alone data logging equipment that may be used by the
CxA.
C. Any portable or handheld setup and/or calibration devices required to initialize the control system must be
made available by the control vendor for use by the CxA at no additional cost to the City.
D. The instrumentation used in the commissioning process must comply with the following:
1. Be of sufficient quality and accuracy to test and/or measure system performance within the
tolerances required
2. Be calibrated at the manufacturer’s recommended intervals with calibration tags permanently
affixed to the instrument
3. Be maintained in good repair and operating condition throughout use duration on this Project
4. Be immediately recalibrated or repaired if dropped and/or damaged in any way during this Project.

PART III – EXECUTION

3.1 COMMISSIONING PROCESS

A. The following provides an overview of the Commissioning tasks during Project construction and the general
order in which they occur.
1. Construction-phase Commissioning begins with a Commissioning Kickoff Meeting, conducted by
the CxA through the Commissioner in accordance with section 01 31 00 PROJECT
MANAGEMENT AND COORDINATION, where the Commissioning process is reviewed with all
the Commissioning Team Members.
2. Additional meetings may be required throughout construction, scheduled by the CxA through the
Commissioner in accordance with 01 31 00 PROJECT MANAGEMENT AND COORDINATION
with necessary parties attending, to plan, scope, coordinate and schedule future activities and
resolve open Issues.
3. The CxA will review the Contractor submittals concurrent with the Commissioner and provide
comments to the Commissioner for inclusion in their review. The reviewed submittals will include
all commissioned equipment information, including detailed startup procedures, and coordination
drawings that include commissioned equipment and systems, control drawings and sequences,
and interfaces and interlocks between systems.
4. The CxA works with the Commissioner and Contractor in developing Pre-functional and
Functional Test documentation formats.
5. Periodically throughout the construction process, the CxA will perform site visits to observe
component and system installations.
6. The checkout and performance verification generally proceeds from component level to
equipment to systems and intersystem levels. Pre-functional (Installation) Checklists are to be
completed before Functional Performance Checklists.
7. The Contractor must, with guidance from the CxA, execute and document the Pre-Functional
(Installation) Checklists and perform startup and initial checkout of equipment and systems. The
CxA documents that the checklists and startup are completed according to the approved plans.
This will include the CxA witnessing selected assembly markups, portions of the startup of
selected equipment, and spot checking the Pre-Functional (Installation) Checklists.
8. The CxA develops specific equipment and system Functional Checklists. The Contractor receives
a copy of the procedure through the Commissioner. The CxA may request additional design

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narrative from the Commissioner and Controls Contractor, depending on the completeness of the
Basis of Design and sequences provided within the design documents.
9. The Functional Checklists are executed by the Contractor and witnessed and documented by the
CxA.
10. Items of non-compliance in material, installation startup, and operation are corrected and the
equipment or system is rechecked. The CxA will maintain an Issues Log to track Issues and Issue
resolution.
11. The CxA will review the Operation & Maintenance documentation for completeness.
12. Commissioning, excluding the Warranty Walkthrough, must be completed prior to Substantial
Completion.
13. The CxA reviews the orientation documentation. The orientation schedules and agenda are
provided by the subcontractors. The CxA verifies that orientation is completed, attended by the
appropriate City of New York personnel, is thorough and provides all necessary information
required to operate and service the equipment or system.
14. Deferred testing/checkouts are conducted, as specified or required in the Contract Documents.

3.2 COMMISSIONING PLAN AND SCHEDULE

A. Commissioning Plan: The Commissioning Plan provides guidance in the execution of the commissioning
process. After the initial construction phase Commissioning kickoff meeting, the CxA will update the plan.
This plan is a living document that must evolve and expand as the Project progresses. The Commissioning
Plan must include:
1. Description of the facility and Project.
2. Description of the commissioning process and associated deliverable documents.
3. Description of equipment and systems to be commissioned.
4. Description of schedules for testing procedures along with identification of parties involved in
performing and verifying tests.
5. Sample rates for equipment to be tested.
6. Identification of task items that must be completed before the next operation can proceed.
7. Description of responsibilities of Commissioning Team members.
8. Description of observations to be made and reported on during testing and witnessing of testing
by all parties involved in the Project.
B. Commissioning Schedule: Contractor must provide construction schedules to the CxA, in accordance with
Section 01 31 00 PROJECT MANAGEMENT AND COORDINATION. The CxA will develop and submit a
schedule identifying the commissioning process and provide commissioning scheduling information to the
Commissioner and Contractor for review and planning activities. The Contractor must incorporate the CxA’s
activities into the Project schedule.

3.3 TESTING PROCEDURES

A. The CxA will determine and document the acceptance procedures for each system within disciplines.
The acceptance procedures must incorporate the commissioning standards and successful testing
results as referred to throughout the Specifications.

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B. The CxA will provide performance checklists and performance checkout data sheets for each system
based on actual system configuration. Special emphasis must be placed on checkout procedures that
must conclusively determine actual system performance and compliance with the OPR and BoD.
C. The Contractor and appropriate Vendor(s) must be informed of what tests are to be performed and the
expected results. The Commissioning Plan must address the test requirements and be distributed to all
parties involved with that system.
D. Prior to Functional Testing, the Contractor must provide the following:
1. Contractor must certify in writing that commissioned systems, subsystems, and equipment
have been installed, calibrated and started, and are operating according to the Contract
Documents.
2. Contractor must certify in writing that all relevant instrumentation and control systems have
been completed and calibrated; are operating according to the Contract Documents; and that
pretest set points have been recorded.
3. Contractor must certify in writing that TAB procedures have been completed, and that the
TAB report has been submitted, discrepancies corrected, and corrective work approved.
4. Contractor must perform tests for system and intersystem performance only after CxA and
Commissioner have approved the completed testing checklists for systems, subsystems, and
equipment.
E. The Functional Performance tests must be performed by the Contractor and Vendor(s) with oversight by
the CxA. The CxA must witness, verify, and document these tests.
1. Functional Performance Tests must include operating the systems and components through
each of the written sequences of operation, other significant modes of miscellaneous alarms,
power failure, and security alarm when impacted by and interlocked with commissioned
equipment, as detailed in the Commissioning Plan.
2. Checklists must be completed comprehensively and to the extent necessary to enable the
CxA to assure the Commissioner that the systems perform as per the OPR, BOD, and
Contract Documents.
3. If a test is failed for any reason and retesting is required, the Contractor must provide
retesting at no additional cost to the City.
4. After testing, Contractor must return settings to normal operating conditions.

3.4 OPERATION & MAINTENANCE MANUALS

A. General
1. The CxA must review the Operation & Maintenance manuals provided by the Contractor for
completeness of the document. The review process will verify that Operation & Maintenance
instructions meet Specifications and are included for all commissioned equipment furnished by the
Contractor.
2. Published literature will be specifically oriented to the provided equipment, indicating required
operation and maintenance procedures, parts lists, assembly / disassembly diagrams and related
information.
3. The Contractor must incorporate the standard technical literature into system-specific formats for this
facility as designed and as actually installed. The resulting Operation & Maintenance information
must be system-specific, concise, to the point and tailored specifically to this facility. The CxA must
review these documents as necessary for final corrections by the Contractor.

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4. Contractor must submit Operations & Maintenance Manuals for each piece of equipment for review
no later than 45 days after submittal approval.
B. The Operation & Maintenance Manual review and coordination efforts must be completed prior to Owner
orientation sessions, as these documents are to be utilized in the orientation sessions.
C. System Operations Manual
1. The CxA must prepare and deliver these documents with inputs from the Contractor. The Contractor
must provide all required documents to the CxA, through the Commissioner. The required documents
must be described in the Commissioning Plan and Contract Documents. Typically, the manual
includes the following:
a. System, subsystem, and equipment descriptions
b. Commissioned systems single line diagrams (to be provided by Mechanical, Electrical,
Plumbing, and Building Management System (BMS) subcontractors).
c. As built sequences of operations, control drawings and original set points (to be provided by
Design Consultant and BMS subcontractor).
d. Operating instructions for integrated building systems (to be provided by Mechanical and BMS
subcontractors).
e. Recommended schedule of maintenance requirements and frequency (to be provided by
subcontractors).
f. Recommended schedule for calibrating sensors and actuators (to be provided by BMS
subcontractor).

3.5 DEMONSTRATION AND INSTRUCTION

A. The Contractor must schedule and coordinate instruction sessions for the facility’s staff for each
commissioned system. Demonstrations must be held per Contract Documents, along with the appropriate
schematics, handouts and visual / audio orientation aids onsite with equipment.
B. The equipment vendors must provide instruction on the specifics of each major equipment item including
philosophy, troubleshooting and repair techniques.
C. The Contractor must record and edit demonstration and orientation sessions, and provide these records to
the CxA, through the Commissioner.
D. For additional direction pertinent to instruction, refer to other specific divisions for demonstration and
instruction requirements.

3.6 WARRANTY REVIEW / SEASONAL TESTING

A. The CxA will return upon the start of the new season (cooling or heating) after Project completion to conduct
performance tests that could not be performed due to ambient conditions. The seasonal testing will only be
performed if suitable loads / conditions were unavailable during the performance testing stages (in other
words; the requirement for testing is warranted).
B. The CxA will return to the site approximately ten (10) months into the twelve (12)-month guaranty period
and interview the occupants and maintenance staff, review the operation of the building, provide
recommendations for installation and operational problems and document warranty and operational Issues
in the Issues database.

3.7 RECORD DRAWINGS

A. The CxA must review the as built Contract Documents to verify incorporation of both design changes and
as-built construction details. Discrepancies noted must be corrected by the appropriate party.

END OF SECTION 01 91 13

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SECTION 01 91 15
GENERAL COMMISSIONING REQUIREMENTS FOR BUILDING ENCLOSURE

REFER TO THE ADDENDUM FOR APPLICABILITY OF THIS SECTION 01 91 15

PART I – GENERAL

1.1 RELATED DOCUMENTS

A. The following documents apply to all required work for the Project: (1) the Contract Drawings, (2) the
Specifications, (3) the General Conditions, (4) the Addendum, and (5) the Contract [City of New York
Standard Construction Contract].
B. The Owner’s Project Requirements (OPR) and Basis of Design (BOD) documents are included by
reference for information only.
C. The Commissioning Plan, prepared by the Commissioning Agent (CxA) under separate contract with the
City of New York, contains requirements that apply to this section.

1.2 SECTION INCLUDES

A. This section includes the commissioning requirements for the Building Enclosure systems. Refer to “Building
Enclosure Functional Performance Test Protocol” in other sections of the Project Specifications for specific
requirements regarding Building Enclosure Commissioning.
1. The commissioning requirements for the Building Enclosure systems given in this section are entirely
separate from, and in addition to, the Section 01 91 13 GENERAL COMMISSIONING REQUIREMENTS
FOR MEP SYSTEMS for this Project. The Contractor, and his/her Suppliers, Subcontractors, Vendors,
etc., are required to participate in both commissioning processes as required.

1.3 DESCRIPTION
A. Building Enclosure Commissioning (BECx) is a systematic process of ensuring all building enclosure systems
responsible for environmental separation perform as per the OPR and BOD. The BECx process is intended
to verify and document proper installation and performance of building enclosure materials and systems in
accordance with the Contract Documents.
B. Commissioning does not take away from, or reduce, the Contractor’s responsibility to provide a finished and
fully functioning product and installation.
C. This section will in no way diminish the responsibility of the Contractor in performing all aspects of work and
testing as outlined in the Contract Documents. Any requirements outlined in this section are in addition to
requirements outlined in the Contract Drawings and Specifications.

1.4 RELATED WORK

A. Specific BECx requirements are given in this Section. The following Project Specification sections are related
to the commissioning work specified in this section:
1. Basic Concrete Requirements: Refer to Division 03
2. Basic Metal Requirements: Refer to Division 05
3. Basic Waterproofing, Roofing, Air Barrier and Insulation Requirements: Refer to Division 07
4. Basic Fenestrations Requirements: Refer to Division 08
5. Basic Finishing Requirements: Refer to Division 09

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1.5 DEFINITIONS AND ABBREVIATIONS

A. Refer to Article 2 of the Contract and Section 01 91 13 GENERAL COMMISSIONING REQUIREMENTS
FOR MEP SYSTEMS for terms, words, and expressions not otherwise defined herein.

Acceptance that a material or system has been properly installed and is functioning
Approval
in tested modes according to the Contract Documents.
Building Enclosure
BECA directs and coordinates day-to-day BECx commissioning activities.
Commissioning Agent (BECA)
Building Enclosure Testing Agency whom is an independent agency retained by the
Contractor and approved by the Commissioner, fully accredited by the appropriate
Building Enclosure Testing governing body for each of the materials, components or systems to be tested or
Agency (BETA) evaluated for compliance with requirements of the Contract Documents and as
directed by the BECA. Documentation of such certification must be submitted to and
approved by the Commissioner prior to the start of any work by the BETA.
Commissioning is a systematic process of ensuring and documenting that the
building systems, including the Building Enclosure, have been installed in the
prescribed manner, are functionally checked and capable of being operated and
Commissioning
maintained to perform with the design intent, and have documentation to support
proper installation and operation. The process does not eliminate or reduce the
responsibility of the installing Contractors to provide a finished product.
Refer to Section 01 91 13 GENERAL COMMISSIONING REQUIREMENTS FOR
Commissioning Agent (CxA)
MEP SYSTEMS for Definition.
Refer to Section 01 91 13 GENERAL COMMISSIONING REQUIREMENTS FOR
Commissioning Plan
MEP SYSTEMS for Definition.
Condition of a building enclosure material or system that is not in compliance with
Deficiency Contract Documents (that is, does not perform properly or does not comply with
design intent).
Refer to Section 01 91 13 GENERAL COMMISSIONING REQUIREMENTS FOR
Design Consultant
MEP SYSTEMS for Definition.
Condition created for testing component or system (e.g., applying pressure
Simulated Condition differential across the building enclosure concurrent with water spray to simulate a
wind driven rain).
Mock-up The activities where systems or materials are initially constructed and tested.

1.6 COORDINATION
A. Building Enclosure Commissioning Team: Members of the Building Enclosure Commissioning Team will
consist of:
1. CxA
2. BECA
3. BETA
4. Commissioner
5. Contractor, and all Building Enclosure Subcontractors
6. Design Consultant
B. Management: City of New York will contract services of the BECA through a separate contract. The BECA
will direct and coordinate commissioning activities and report to the Commissioner. All members of the

GENERAL COMMISSIONING REQUIREMENTS FOR BUILDING ENCLOSURE

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

Building Enclosure Commissioning Team must cooperate to fulfill contracted responsibilities and objectives
of the Contract Documents.
C. Scheduling: BECA must work with the Building Enclosure Commissioning Team to establish required
commissioning activities to incorporate into the preliminary commissioning schedule. The Contractor must
integrate commissioning activities into master construction schedule, in accordance with Section 01 32 00
CONSTRUCTION PROGRESS DOCUMENTATION. Necessary notifications are to be made in a timely
manner in order to expedite commissioning.

1.7 SUBMITTALS
A. Contractor must provide documentation required for commissioning work in accordance with Section 01 33
00 SUBMITTAL PROCEDURES. At minimum, documentation must include, but not be limited to:
1. Submittal of shop drawings, product data, samples, etc., relevant to BECx and as requested by the
BECA. Such submittals must be in compliance with Section 01 78 39 CONTRACT RECORD
DOCUMENTS.
2. As-Built Record Drawings and Operation and Maintenance Information relevant to BECx and as required
by the BECA. Such submittals must be in compliance with Section 01 78 39 CONTRACT RECORD
DOCUMENTS.
3. All demonstration and orientation submittals relevant to BECx and as requested by the BECA. Such
submittals must be in compliance with Section 01 79 00 DEMONSTRATION AND OWNER’S
PREACCEPTANCE ORIENTATION.
4. Performance data, any performance test procedures, and installation and checkout materials.
B. The Contractor must provide all submittals to the Design Consultant, as per Section 01 33 00 SUBMITTAL
PROCEDURES. The Design Consultant will transmit all building enclosure related submittals to the BECA
for concurrent review.

PART II – PRODUCTS – Part not used.

PART III – EXECUTION

3.1 SYSTEMS TO BE COMMISSIONED

A. Building Enclosure systems to be commissioned may include, but are not limited to, Below Grade
Waterproofing Systems, Opaque Wall/Cladding Systems, and Fenestration systems. Refer to the Contract
Documents for clarity.

3.2 RESPONSIBILITIES OF COMMISSIONING TEAM MEMBERS DURING CONSTRUCTION PHASE

A. Responsibilities of the Design Consultant include without limitation the following:
1. Review BECA comments on construction documents and shop drawings.
2. Assist in dispute resolution regarding building enclosure items.
3. Review BECA reports.
4. Incorporate BECA Submittal Review Comments into response on submittals.
B. Responsibilities of the BECA include the following without limitation:
1. Review and comment on Mock-up construction and testing plan as provided by Contractor.
2. Development of BECx Plan.
3. Review of building enclosure shop drawings and submittals, including “approved equal” requests, through
the Commissioner in accordance with Section 01 33 00 Submittal Procedures.

GENERAL COMMISSIONING REQUIREMENTS FOR BUILDING ENCLOSURE

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

4. Attend combined pre-construction and BECx kick-off meeting.

5. Develop construction checklists for the building enclosure for the Contractor’s use.
6. Observe the construction of a building enclosure Mock-up.
7. Witness the testing of a building enclosure Mock-up.
8. Project meetings / conference calls / coordination.
9. Field monitor installation of exterior enclosure components.
10. Update field report log.
11.Update BECx Plan.
12.Advise on Requests for Information.
13.Assist with the preparation of LEED paperwork.
14.Prepare systems manual, with required inputs and documentation from the Contractor in accordance with
Section 01 78 39 CONTRACT RECORD DOCUMENTS.
15.Complete Maintenance Plan, with required inputs and documentation from the Contractor in accordance
with Section 01 78 39 CONTRACT RECORD DOCUMENTS.
16. Prepare training manual, with required inputs and documentation from the Contractor in accordance with
Section 01 78 39 CONTRACT RECORD DOCUMENTS.
17. Prepare final BECx record and enclosure commissioning close-out documents.
18. Develop on-going BECx Plan.
C. Responsibilities of the Contractor and Building Enclosure Subcontractors include without limitation the
following:
1. Review BECx Plan and FPT specification.
2. Attend commissioning kick-off meeting and other Building Enclosure Commissioning Team meetings.
3. Incorporate commissioning activities into the construction schedule.
4. Periodically update Commissioning activities in the construction schedule.
5. Notify Commissioner and BECA of work completion.
6. Verify building enclosure materials and assemblies are ready for functional testing.
7. Retain the services of an approved independent BETA; submit qualifications of independent BETA to
Commissioner for approval; coordinate all activities and deliverables of this BETA; ensure all BETA
deliverables are provided to the Building Enclosure Commissioning Team.
8. Attend all required material and systems testing.
9. Execute all periodic maintenance or repairs required on started systems from initial Mock-up of equipment
to Final Acceptance by Commissioner to prevent material warranties from being voided.
10.Submit maintenance logs of all interim maintenance or repair tasks performed by Contractor.
11.Ensure installation work is complete, is in compliance with Contract Documents, and is ready for
Functional Performance Testing. FPT test results will be documented by BECA.
12.Ensure resolution of non-compliance and deficiencies in construction or test results. Obtain written
documentation of completion from the appropriate Contractors.
13.Provide letters of compatibility for adjacent building enclosure materials and assemblies.

GENERAL COMMISSIONING REQUIREMENTS FOR BUILDING ENCLOSURE

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 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

14.Facilitate all repairs and retesting of failed condition at no additional cost to the City of New York.
15.Provide all warranty information to BECA.
D. Responsibilities of the BETA include without limitation the following:
1. Attend Commissioning kick-off meeting and other Building Enclosure Commissioning Team meetings.
2. Provide on-site technician and equipment to complete Mock-up and field Functional Performance Testing.
3. Prepare and submit reports to the Commissioner at the conclusion of all testing.
4. Perform retesting and prepare corresponding reports.

3.3 BUILDING ENCLOSURE COMMISSIONING TEAM (BECx) MEETINGS

A. BECx meetings will be held periodically, as determined by the Commissioner and recommended by BECA.
B. Discussions held in BECx meetings must include, but not be limited to: system/materials, mock-up/field,
progress, scheduling, testing, documentation, deficiencies, and problem resolution.
C. The Contractor must attend BECx meetings, and must ensure the attendance of required subcontractors, as
requested.

3.4 REPORTING
A. BECA will provide status reports to the Commissioner. The Commissioner will provide such status reports to
the Contactor, CxA, Design Consultant, and other entities as needed.
B. BECA will submit non-compliance and deficiency reports to Commissioner. The Commissioner will provide
such reports to the Contractor, CxA, Design Consultant, and other entities as needed.
C. BECA will provide a final summary report to Commissioner and CxA.

3.5 MOCK-UP AND FINAL CONSTRUCTION

A. Prior to Functional Performance Testing or concealment of functional performance layers within the building
enclosure, the Contractor must verify that all assemblies are complete, including deficiency long items, and
all Contract requirements are met.

3.6 FUNCTIONAL PERFORMANCE TESTING

A. Objectives and Scope
1. The objective of Functional Performance Testing is to demonstrate that the building enclosure is
performing according to documented design intent and Contract Documents. Functional Performance
Testing facilitates bringing the building enclosure systems from a state of Substantial Completion to fully
operational. Additionally, during Functional Performance Testing, areas of deficient performance are
identified and corrected, improving building enclosure system performance.
B. Development of Test Procedures
1. The purpose of a specific test is to verify and document compliance of the installed enclosure systems
with the OPR. Building Enclosure Functional Performance Test Protocols are provided in other sections
of the Project Specifications for specific requirements regarding BECx.
C. Coordination and Scheduling
1. Contractor must provide sufficient notice to BECA, through the Commissioner, regarding completion
schedule for materials and systems. Testing to be performed in conjunction with site visits. Contractor
must schedule Functional Performance Tests with Commissioning Team. BECA must witness and

GENERAL COMMISSIONING REQUIREMENTS FOR BUILDING ENCLOSURE

01 91 15 - 5
 Division 01 – DDC STANDARD GENERAL CONDITIONS
SINGLE CONTRACT PROJECTS
Issue Date: March 15, 2020

document functional testing of equipment and systems. BETA, as retained by the Contractor, must
execute tests under direction of BECA.
2. Successful completion of Mock-up functional performance testing must occur prior to full production
installation of building enclosure materials and systems.

3.7 DOCUMENTATION, NON-CONFORMANCE, AND APPROVAL OF TESTS

A. Documentation
1. BECA must witness and document results of FPT.
B. Non-Conformance
1. BECA must record results of functional testing. Deficiency or non-conformance issues must be noted and
reported to the Commissioner. The Commissioner must provide such non-conformance reports to the
CxA, Design Consultant, Contractor, and other entities, as needed.
2. Corrections of minor deficiencies identified may be made during tests at the discretion of the
Commissioner and as recommended by the BECA. In such cases, deficiency and resolution must be
documented.
3. Every effort must be made to expedite testing and minimize unnecessary delays, while not compromising
integrity of tests.
4. Deficiencies are handled in the following manner:
a) BECA documents deficiencies and notes Contractor’s response and intentions. A finding of deficiency
will not end the testing process.
b) BECA submits deficiency report to the Commissioner. The Commissioner will provide such deficiency
report to the CxA, Contractor, Design Consultant, and other entities as required.
c) Contractor corrects deficiency and certifies that material or assembly is ready to be retested.
d) Contractor informs Commissioner of retesting schedule for coordination with the BECA.
e) Contractor reschedules test with the Commissioner and BETA at no additional cost to the City of New
York.
C. Testing
1. Costs for all testing and retesting required for the Project will be the responsibility of the Contractor. The
Contractor is to provide access to the test specimens to the Commissioning Team, through the
Commissioner.

3.8 COMMISSIONING DOCUMENTATION

A. Final Report Details
1. Final BECx Report must include an executive summary, list of participants and roles, brief building
description, overview of Commissioning and testing scope, and general description of testing and
verification methods. Report must contain evaluation regarding:
a) Conformance to Specifications and design intent.
b) Material/system installation.
c) Functional performance.
2. All outstanding non-compliance items must be specifically listed.
3. Recommendations for improvement to system or operations, future actions, etc. must also be listed.

END OF SECTION 01 91 15

GENERAL COMMISSIONING REQUIREMENTS FOR BUILDING ENCLOSURE

01 91 15 - 6
THE CITY OF NEW YORK
DEPARTMENT OF DESIGN AND CONSTRUCTION
DIVISION OF PUBLIC BUILDINGS
30-30 THOMSON AVENUE LONG ISLAND CITY, NEW YORK 11101-3045
TELEPHONE (718) 391-1000 WEBSITE www.nyc.gov/buildnyc

Contract for Furnishing all Labor and Material Necessary

Contractor

Dated , 20

Approved as to Form
Certified as to Legal Authority

Acting Corporation Counsel

Dated , 20

Entered in the Comptroller's Office

First Assistant Bookkeeper

Dated , 20
FMS ID: PV490-C

THE CITY OF NEW YORK

DEPARTMENT OF DESIGN AND CONSTRUCTION
DIVISION OF PUBLIC BUILDINGS
30-30 THOMSON AVENUE LONG ISLAND CITY, NEW YORK 11101-3045
TELEPHONE (718) 391-1000 WEBSITE www.nyc.gov/buildnyc

Contract for Furnishing all Labor and Material Necessary and Required for:

CONTRACT NO. 1 GENERAL CONSTRUCTION WORK

Roof Replacement at the Snug Harbor

Cultural Center Building C

LOCATION: 1000 Richmond Terrace

BOROUGH: Staten Island, NY, 10301
CITY OF NEW YORK

Contractor

Dated , 20

Approved as to Form
Certified as to Legal Authority

Acting Corporation Counsel

Dated , 20

Entered in the Comptroller's Office

First Assistant Bookkeeper

Dated , 20