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Supplementary General ConditionsFor Asbestos Abatement Contract

For the following Project:Proposed Firehouse forNanuet Fire District29 Old Middletown RoadTown of ClarkstownCounty of Rockland, New York

The Construction Manager:Hudson Design Build Group LLC8 John Walsh Blvd., Suite 302Peekskill, New York 10566

The Owner:Board of Fire CommissionersNanuet Fire District7 Prospect Street, PO Box 119Nanuet, New York 10954

The Architect:Battoglia Lanza Architectural Group PC209 Old Route 9, Suite 5Fishkill, New York 12524

1. GENERAL

The following supplements, modifies, or adds to the AIA Document A232-2009 General Conditions of the Contract for Construction and the Amendments to AIA Document A232-2009 General Conditions of the Contract for Construction. Where any Article, Section, provision, paragraph, subparagraph, or clause of the aforementioned is modified or added to by these Supplements, the unaltered provisions of that Article, Section, provision, paragraph, subparagraph, or clause shall remain in effect.

The provisions of the General Conditions of the Contract for Construction, Amendments to the General Conditions of the Contract for Construction, Prevailing Wage Rates, AIA Standard Form of Agreement Between Owner and Contractor, and Indemnification and Hold Harmless shall apply equally to each Prime Contractor. The provisions of the Supplementary General Conditions, Advertisement for Bid, and Instructions to Bidders may vary based upon the types, sizes, and natures of the respective Prime Contracts. The term Contractor shall mean the same as a Prime Contractor, and where a paragraph is intended to apply to one or more specific Prime Contractors those Prime Contractors will be designated herein.

2. COPIES OF CONSTRUCTION DOCUMENTS FURNISHED

Exclusive of the set of Construction Documents that is incorporated into the Agreement, the Contractor shall be furnished, free of charge, one copy of the Drawings and one copy of the Specifications.

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The Contractor may purchase additional copies at the cost of reproduction, postage, and handling.

3. LIST OF SUBCONTRACTORS AND PRODUCTS

Not later than 7 days from the Notice of Award date, the Contractor shall provide the Construction Manager with a list of all subcontractors, sub-subcontractors, products, systems, and equipment proposed for the Project, including the names of manufacturers, for the Construction Manager’s and Architect’s information and use. In the case of subcontractors and sub-subcontractors, same shall be listed on AIA Document G705-2001 List of Subcontractors.

4. EQUIVALENTS

Where, in these Specifications, certain kinds, types, brands or Manufacturers of materials are named, they shall be regarded as the required standard of quality. Where two or more are named these were presumed to be equal at the time that the Specifications were prepared, and the Contractor may select one of those items. The Specifications shall be considered non-proprietary and the Contractor may use a manufacturer other than that indicated in the Specifications provided that the manufacturer’s product is equal or superior to the specified product. If the Contractor desires to use any kind, type, brand or manufacture of material other than those named in the Specification, he shall indicate in writing, prior to award of Contract, what kind, type, brand or manufacture is included in the Bid for the specified items, and submit information describing in specific detail wherein it differs from the quality and performance required by the Project’s Specifications, and such other information as may be required by the Architect. The Architect shall make the final determination as to whether any alternative product proposed by the Contractor is equal to the product in the Specifications.

By making requests for substitutions, the Contractor:

A. Represents that it has itself exhaustedly investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified;

B. Represents that it will provide the same warranty for the substitution as it would have provided for the product specified;

C. Certifies that the cost data presented is complete and includes all related costs for the substituted product and for Work that must be changed as a result of the substitution, except for any of the Architect’s redesign costs and other costs relating to the Architect’s services pursuant to such substitutions except for the Architect’s redesign costs, and waives all claims for additional costs related to the substitution that may subsequently become apparent; and

D. Shall coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects.

The Owner shall be entitled to reimbursement from the Contractor for amounts paid to the Architect for reviewing the Contractor’s proposed substitutions and making agreed-upon changes in the Drawings and Specifications resulting from such substitutions. A product deemed by the Architect to be equal to the product in the Specifications, that does not require any change to the Drawings, Specifications, Work, time, or cost to the Owner, shall not be considered a substitution.

5. EXAMINATION OF THE SITE

Each Bidder shall examine the building and site, as well as the Drawings and Specifications for other contracts that may affect the Bidder’s Work, and shall satisfy himself as to the existing and foreseeable conditions under which he will be obliged to operate in performing his part of the Work or that will in any way affect the Work under his Contract. No allowances will be made

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subsequent to signing of any Contract on behalf of the Contractor for any error or negligence on his part.

The Owner is entitled to reimbursement from the Contractor for amounts paid to the Architect for evaluating and responding to Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where the requested information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation.

6. SHOP DRAWINGS, CUTS ETC.

The Contractor must review and stamp all submittals and shop drawings pertaining to his Work prior to sending these to the Construction Manager for review. By stamping such drawings, the Contractor indicates that he has reviewed same and represents that they are in compliance with the Contract Documents.

The Architect’s review of Contractor’s submittals will be limited to examination of an initial submittal. The Owner is entitled to obtain reimbursement from the Contractor for amounts paid to the Architect for evaluation of resubmittals.

7. COOPERATION AND COORDINATION

This Project shall be performed on the basis of numerous Prime Contracts. It is understood that no Prime Contractor can be held responsible for supervising and coordinating the Work of other Prime Contractors for this Project. However, it is a part of each Prime Contractor’s obligation that he shall coordinate his Work, including that of his Subcontractors, and cooperate with the Work of other Prime Contractors and their subcontractors so as to facilitate Project progress, each trade affording other trades every reasonable opportunity for installation of their Work and for storage of their materials.

8. MEASUREMENTS AND CONDITIONS

Before ordering any materials or doing any work the Contractor shall verify all conditions and measurements and shall be responsible for the correctness of same. No extra charge or compensation will be allowed on account of difference between actual dimensions and the measurements indicated on the Drawings. Any difference which may be found shall be submitted to the Architect for consideration before proceeding with the Work.

9. LAYOUT OF WORK

The initial bench mark and property lines shall be provided by a Land Surveyor (licensed and registered in the State of New York) as engaged by the Demolition and Site Development Contractor, which shall bear the costs of such surveying services. On the basis of same the Contractor shall field establish and maintain grades, lines, levels, and locations required for his Work and shall be responsible for the accuracy of same. Any inconsistencies or discrepancies shall be reported to the Construction Manager before commencing Work. Should there be discrepancies created by the Contractor, the Contractor shall remedy such discrepancies to the satisfaction of the Architect and shall bear the costs of such remedial work including Architectural and Engineering costs as may have been incurred as a result of such Contractor created discrepancies.

10. TEMPORARY OFFICES AND SHEDS

The Contractor shall provide such watertight facilities as he may need for his operations as well as the storage of material, tools, and equipment that might be damaged by the weather or other

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sources. The types and sizes of such facilities as well as their locations shall be submitted to the Construction Manager, coordinated with the Construction Manager, and approved by the Construction Manager prior to their installation. Material delivered to the site will not be accepted or paid for by the Owner until such material is incorporated into the Work and the Construction Manager determines that adequate protection is provided. The protection of such material and Work, even after Owner’s payment, shall continue to remain the sole responsibility of the Contractor.

11. TEMPORARY PROJECT SIGN

The Temporary Project Sign Contractor shall provide and install a colored Project sign, 8’ long x 4’ high in size, based upon artwork provided by the Architect (other Prime Contractors shall not be responsible to provide or install a project sign). The sign shall be properly supported, braced and secured to ground. The location shall be as field-specified by the Construction Manager. Shop drawings shall be submitted to the Construction Manager and Architect for approval.

12. TEMPORARY TELEPHONE

The Contractor shall provide, at the site, a telephone or telephones for his own use, the use of his subcontractors and his and their employees. The Contractor shall pay for the installation and all service charges. Cell phones are acceptable.

13. TEMPORARY ELECTRIC

Electrical power is available on the premises for the Asbestos Abatement Contractor’s use.

The Owner shall bear the costs of the utility bills, except that the costs for any electrical usage resulting from a contractor’s negligence shall be borne by the negligent contractor, as determined by the Construction Manager and Architect. Additionally, should construction operations extend beyond the scheduled date of final completion, energy costs for the operation of the electrical system beyond such completion date shall be paid by the Contractor or Contractors determined by the Construction Manager and Architect to be responsible for such failure to complete the Project on time.

14. TEMPORARY WATER

The Owner shall make provisions to provide the Asbestos Abatement Contractor with temporary water at the premises.

15. HEAT DURING CONSTRUCTION

The Contractor shall provide whatever temporary heat and enclosures he requires in order to perform and protect his Work. Means of providing heat shall not damage any Work or jeopardize the safety and health of workmen and shall have the approval of all governing authorities. Upon receipt of approval from the Owner or Architect to use the building’s permanent HVAC systems, the Contractor shall remove the temporary heat and enclosure provisions.

The Owner shall bear the costs of the utility bills, except that the costs for any gas usage resulting from a contractor’s negligence shall be borne by the negligent contractor, as determined by the Construction Manager and Architect. Additionally, should construction operations extend beyond the scheduled date of final completion, gas costs for the operation of the HVAC systems beyond such completion date shall be paid by the Contractor or Contractors determined by the Construction Manager and Architect to be responsible for such failure to complete the Project on time.

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16. ACCESS TO THE PROJECT

The Asbestos Abatement Contractor shall provide and maintain access to and throughout the Project site as required for all of his Work and equipment. The Asbestos Abatement Contractor shall obtain and pay for all permits and approvals for such access.

17. TEMPORARY STAIRS AND RAMPS

Each Prime Contractor shall provide such stairs, ramps etc., as are needed for safe access to, and exit from, each level as required for the Work of all his trades and their equipment. These shall be in conformity with the requirements of all authorities having jurisdiction over such devices.

18. TEMPORARY TOILETS

Temporary toilets shall be provided on the site by the Owner.

19. TEMPORARY PROTECTION

The Contractor shall protect all site work and building from damage from rainwater, spring water, groundwater, snow, ice, rain, wind, storms, frost, heat or other weather conditions. He shall provide and maintain pumps, temporary drainage, enclosures and any other systems as needed to provide such protection of his work, and shall otherwise protect the Work of others that could be adversely affected by his work or operations.

If low or high temperatures make it impossible to continue operations safely in spite of all reasonable precautions, the Contractor shall cease work and immediately notify the Construction Manager. It shall be incumbent on all other Prime Contractors to cease work until conditions permit resumption of operations with the benefit of effective protection.

The Contractor shall remove work damaged by failure to provide such protection, and replace same with new work to the satisfaction of the Architect, at no extra cost to the Owner.

The Contractor shall construct, install, or otherwise provide and maintain means of protecting the site, the building, adjacent buildings, other properties (streets, sidewalks, utilities, vehicles etc.), employees, the general public etc., from any damage that could result from the Contractor’s work activities. Same shall be in conformity with the requirements of all authorities having jurisdiction over such protection.

20. TEMPORARY PARTITIONS

The Contractor shall construct and install partitions as required to protect the work areas of the building as well as the non-work areas of the building from his dust, debris, volatile fumes, hazards, or any other damage as required to insure safety and minimal disruption to the workers on the site and their operations, as well as the Work itself. The Contractor shall otherwise construct and install partitions as required to protect the Work of others that could be adversely affected by his Work or operations. Such partitions shall be removed at such time as the respective Work is complete.

21. TEMPORARY VENTILATION

The Contractor shall provide a safe means of ventilation to insure that damaging or unsafe dust, odors, volatile fumes, airborne particles, gasses etc., which are the result of his Work, do not enter the parts of the building that are occupied, nor shall such residual matter be allowed to enter the building’s air handling systems. The respective means shall be in conformance with the requirements of all agencies having jurisdiction.

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22. CUTTING AND PATCHING OF WORK

It is the requirement of these Contract Documents that, in new construction, cutting and patching must be avoided whenever possible. Cutting and Patching made necessary by failure to anticipate, coordinate, cooperate or other form of negligence, shall not be considered acceptable or in conformity with the Contract Documents, and the Contractor must receive the Construction Manager’s and Architect’s permission for implementation thereof. The cost of such Work shall be borne by the Contractor deemed negligent and he shall be responsible for such Work and such costs. It should be noted that failure on the part of one Contractor to give due notice in reasonable time to another Contractor shall be as much an act of negligence as failure on the part of one Contractor to heed due notice received in reasonable time from another Contractor.

Cutting and patching, when and where required, shall be performed by the Contractor whose installation requires such cutting and patching. Such cutting shall be performed in a manner that minimizes the extent of patching then required and that has the approval of the Contractor whose Work is being cut.

No Contractor shall damage or endanger any portion of the Work under his Contract, nor of any other Contractor, by cutting, patching, or otherwise altering any work, or by excavation. No Contractor shall cut or otherwise alter the Work of any other Contractor except with the written consent of such other Contractor, Construction Manager, and the Architect. No Contractor shall unreasonably withhold from any other Contractor his consent to cutting or otherwise altering the Work.

23. EXCAVATION AND BACKFILL

The cutting, filling, grading, excavation, fill, backfill, and compaction for all contracts and trades shall be the responsibility of the Demolition and Site Work Contractor unless otherwise noted. The supply and installation of bedding material for the Walk-in Cooler’s refrigerant conduit shall be by the Demolition and Site Work Contractor. The supply and installation of bedding material for plumbing Work shall be the responsibility of the Plumbing Contractor. The supply and installation of bedding material for HVAC Work shall be the responsibility of the HVAC Contractor. All cutting, filling, grading, excavation, fill, backfill, and compaction shall conform to the requirements of the Drawings as well as Section 312000 of the Specifications.

24. FINAL CLEANUP

Prior to Owner occupancy of the premises and following the cleanup Work required for all Prime Contractors as set forth in Section 3.15 of the AIA Document A232-2009 General Conditions of the Contract for Construction and the Amendments to AIA Document A232-2009 General Conditions of the Contract for Construction, the Owner shall engage a separate cleaning company that provide all cleaning services required for the end result of a building and site ready for occupancy.

Included, but not limited to, shall be all exterior and interior surfaces, doors, windows, walls, floors, ceilings, fixtures, equipment and hardware; outside work such as aprons, walks, pads, paving, plantings and seeded areas.

25. EXTRAS (CHANGES IN THE WORK)

Changes in the Work shall be in accordance with the provisions of Article 7 of the AIA Document A232-2009 General Conditions of the Contract for Construction. Overhead and Profit shall be applied as follows:

If Contractor’s personnel are used for the Work required, overhead and profit shall be applied to the Contractor’s cost on the basis of 7.5% overhead plus 7.5% profit (maximum).

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If work is performed by a Subcontractor, overhead and profit shall be applied by the Contractor to the Subcontractor’s price on the basis of 10% (maximum) of that price.

26. PROGRESS SCHEDULE

The Work shall be carried on to completion with the utmost speed. Before the Work is started the Contractor shall prepare a progress schedule for his Work, which complies with the required date of Substantial Completion indicated in the Form of Agreement, and shall submit same for the Construction Manager’s and Architect’s approval.

Upon acceptance of such schedule in its original or modified state, same shall be used as the basis of determining job progress and shall be strictly adhered to by the Contractor.

27. SCHEDULE OF VALUES

Before the Work is started the Contractor shall submit to the Construction Manager a schedule of values of the various portions of the Work, which shall total the Contract Sum. The forms to be used shall be AIA Document G732-2009 Application and Certificate for Payment and AIA Document G703-1992 Continuation Sheet. This schedule, unless objected to by the Construction Manager or Architect, will be used as a guide in determining progress payments. This schedule of values must have the approval of the Construction Manager and Architect before any payments will be made to the Contractor.

The Contractor shall furnish the Construction Manager with a correct report on or before the twenty-second day of the respective month using AIA Document G732-2009 Application and Certificate for Payment and AIA Document G703-1992 Continuation Sheet. Same shall be submitted in quadruplet, giving the following information:

A. Material delivered and installed in the Work, andB. Percentage of each Work item completed.

Requests for payment of materials delivered to the site but not incorporated into the Work may not be made, nor may requests be made for Work that is projected.

Requests for partial payment shall be based on the above information, and no Certificate of Payment shall be issued unless these reports are furnished and approved by the Construction Manager and Architect.

28. PAYMENTS

The Contractor shall submit requisitions for payment to the Construction Manager on a monthly basis using AIA Document G732-2009 Application and Certificate for Payment and AIA Document G703-1992 Continuation Sheet, a Nanuet Fire District Payment Voucher, and shall supplement same with certified payroll reports, affidavits of payment of debts and claims, and affidavits of release of liens. Same shall be done on or before the twenty-second day of the respective month, which shall be considered the end of the payment period. The Construction Manager and Architect, upon review, shall issue a Certificate for Payment in the amount of 95% of the amount stated as earned or, if found in error, 95% of the amount considered earned in the opinions of the Construction Manager and Architect. Reductions in retainage will not made.

In the case of bonds, insurances, general conditions, and similar items that may be included in the schedule of values; payments will only be made on the basis of evenly proportioning such costs over the duration of the Contractor’s Work period.

When the Work required by the Contract Documents is Substantially Complete, as determined by the Architect, the Contractor shall submit a requisition for the contract balance, less two times the

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value of any Work yet to be completed. The Owner shall pay the contract balance, as confirmed by the Construction Manager and Architect, less two times the value of any items to yet to be completed, and an amount necessary to satisfy any outstanding claims, liens, or judgments against the Contractor. As remaining items of Work are satisfactorily completed or corrected, the Owner shall pay upon the requisition of these items. The above is in accordance with Chapter 769 of the Session Laws of 1978 of the State of New York.

It must be noted that until all warranties required by the Contract Documents, and standard warranties provided by manufacturers, are received by the Construction Manager and found to be compliant, the Work cannot be considered as having achieved final completion, and payment of the contract balance, or any part thereof, may not be considered.

The Contractor shall submit to the Construction Manager prior to receipt of final payment all such proofs and/or affidavits as may be required by the Attorney for the Owner to save the Owner harmless against claims, liens or judgments against the Contractor as may pertain to or affect this Project.

Payments shall be made by the Owner in the amount certified by the Architect within 40 days of the end of each payment period.

29. DAMAGES RESULTING FROM DELAYS AND NEGLIGENCE

For delays in achieving Substantial Completion beyond the date specified in the AIA Document A132-2009 Standard Form of Agreement Between Owner and Contractor, or for failure to exercise diligence to achieve final completion, the Contractor shall pay to the Owner, or, in case the Owner shall have retained any sums due the Contractor, the Owner shall deduct and withhold therefrom to his own credit, the amount of real damages incurred as a result of such delay or as otherwise incurred as a result of other forms of the Contractor’s negligence.

The Owner is entitled to reimbursement from the Contractor for amounts paid to the Architect and Construction manager, as well as any other persons necessary to the Owner, for site visits and other services made necessary by the fault of the Contractor, by defects or deficiencies in the Work, or by his negligence.

30. MATERIAL INSTALLATIONS

Unless specifically stated otherwise in the Contract Documents, all materials shall be installed, erected, operated, and protected in strict accordance with the manufacturer’s recommendations for the particular installation and use. It shall be the Contractor’s responsibility to obtain and follow these recommendations.

31. DAMAGES

Any Contractor who damages the Work of others shall be responsible and pay for all necessary Work to return the damaged Work to a condition acceptable to the Architect. In the case where the damaged Work cannot be repaired to the satisfaction of the Architect, the Contractor responsible for the damage shall bear all costs for the replacement of the damaged Work.

32. ARBITRATION EXCLUSION

Anything contained in any of the Contract Documents to the contrary notwithstanding, no dispute of any kind arising out of this Contract or this Work shall be arbitrated or arbitrable.

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33. CONTRACT DOCUMENTS

The Contract Documents are considered as including the Drawings, the Specifications, Scope of Work, Advertisement for Bid, Instructions to Bidders, Prevailing Wage Rates, Closeout Paperwork Certification, AIA Document A132 Standard Form of Agreement Between Owner and Contractor, AIA Document A232-2009 General Conditions of the Contract for Construction, Amendments to AIA Document A232-2009 General Conditions of the Contract for Construction, Supplementary General Conditions, Certificates of Insurance, Indemnification and Hold Harmless, Payment and Performance Bonds (if required by the respective contract), Building Component Survey, all Modifications to the Contract, all Addenda to the Contract Documents, all Architect’s interpretations, and all Documents issued by the Architect describing the Work and the manner in which it is to be performed.

34. DELAYS

Delays occasioned by acts, or failures to act, of any Contractor shall not give right of action or claim against the Owner, except for an extension of time, by other Contractors affected thereby.

35. LABOR LAW

The following requirements of the Labor Law of the State of New York, along with such other provisions as may apply, shall be complied with:

1. Section 220, Subdivision 2, regarding eight hour day - five day week2. Section 220, Subdivision 3, and 220-d regarding Minimum Wage Rates and Supplements3. Section 220-e regarding Antidiscrimination, including all subparts4. Section 222 regarding Preference of New York State Citizens5. Section 222-a regarding Elimination of dust hazards

36. OTHER LAWS

Any and all clauses required by any applicable statute to be inserted in the Contract Documents and not herein set forth shall be deemed to be included herein by reference, and any provision hereof which is found to be illegal or beyond the power of the Owner to assume liability for shall be deemed deleted herefrom without affecting the validity, force, and effect of the remainder of this Contract.

37. MISCELLANEOUS PROVISIONS

A. It shall be the full responsibility of each Prime Contractor, and only the responsibility of such Prime Contractor, to insure and verify that all reasonable precautions shall at all times be exercised for the safety of the employees and other persons on the Work, and applicable provisions of the Federal, State and Municipal Safety Laws and Building and Construction Codes shall be observed.

B. In the absence of other applicable requirements more favorable to the Subcontractor, the Contractor shall pay each Subcontractor within fifteen days after each payment made to the Contractor, the amount allowed the Contractor for and on account of the Work performed by the Subcontractor, to the extent of the Subcontractor’s interest therein.

C. No assignment, transfer, conveyance, subletting or other disposition of all or any part of the Bid, Award, or Contract, or of any of the moneys due or to become due thereunder or of any right, title or interest therein, or of the Bidder’s power to execute such Contract or to any other person, firm or corporation, will be permitted or allowed without the previous consent, in writing, of the Owner and of the surety or sureties on the Contractor’s bonds (if any). The foregoing shall not be construed to prohibit subletting in the manner set forth in the AIA

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Document A232-2009 General Conditions of the Contract for Construction, Amendments to AIA Document A232-2009 General Conditions of the Contract for Construction, Supplementary General Conditions, or assignments or transfers to such surety.

D. The Contractor shall be responsible for any claim made against the Owner, Architect, Construction Manager, the Owner’s other consultants, or any of their employees or sub-consultants for any infringement of patents by the use of patented articles in the construction and completion of the Work and installation of equipment, and shall save harmless and indemnify such parties for any sums he shall be obliged to pay and any other damages by reason of any infringement of patents used in the construction and completion of Work and installation of equipment.

E. Non-discrimination Clause

1. All contracts entered into by the Owner for the construction, alteration, or repair of any public building or public work, or for manufacture, sale, or distribution of materials, equipment or supplies, or for personal services shall contain the following provisions by which the Contractor with the Owner shall agree that:

a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, or other protected status. The Contractor will take affirmative action to insure that all employees are employed, and that employees are treated equally during employment without regard to race, creed, color, sex, national origin, or other protected status.

38. INDUSTRIAL CODE RULE 23

12 NYCRR Part 23, “Industrial Code Rule No. 23” (“Code Rule 23”) addresses protection in construction, demolition and excavation operations. 12 NYCRR Section 23-1.13 provides for construction, demolition and excavation around or near power lines and power facilities. Certain excerpts of Code Rule No. 23 are as follows:

Not less than two working days nor more than five working days prior to any excavation, drilling blasting, demolition or disturbing the ground in any way at the site, the Contractor must contact Underground Facilities Protective Organization (UFPO) in order to notify all those utilities listed at the Town’s “Central Registry” at 1-800-962-7962.

In the following excerpts from Industrial Code Rule No. 23 the word Employer is the same as the word Contractor:

Section No. 23-1.13(b)(1)

PrecautionsAll power lines and power facilities around or near construction, demolition and excavation sites shall be considered as energized until assurance has been given that they are otherwise by qualified representatives of the owners of such power lines or power facilities.

Section No. 23-1.13(b)(6)

Notifying Utility CompanyAt least five normal working days before work is begun within 10 feet (or more if required by the applicable regulation) of any live overhead power line (or energized conductor) or before any excavation work is performed which might contact or disturb a live underground power line, the Employer shall notify, in writing, the utility whose power line may be affected.

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Section No. 23-1.13(b)(3)

Investigation and WarningBefore work is begun the Employer shall ascertain by inquiry or direct observation or by instruments whether any part of an electric power circuit, exposed or concealed, is so located that the performance of the work may bring any person, tool or machine into physical or electrical contact therewith. The Employer shall post and maintain proper warning signs where such a circuit exists. He shall advise his employees of the locations of such lines, the hazards involved and the protective measures to be taken.

Section No. 23-1.13(b)(4)

Protection of EmployeesNo employer shall suffer or permit an employee to work in such proximity to any part of an electric power circuit that he may contact such circuit in the course of his work unless the employee is protected against electric shock by de-energizing the circuit and grounding it or by guarding such circuit by effective insulation or other means. In work areas where the exact locations of underground electric power lines are unknown, persons using jack hammers, bars or other hand tools which may contact such power lines shall be provided with insulated protective gloves, body aprons and footwear.

Section No. 23-1.13(d)(4)

Any machinery or equipment used on a construction, demolition or excavation site, which has a boom or similar moving extension, shall be provided with a durable warning sign posted and maintained in such a location as to be clearly visible to the operator of such machinery or equipment from his operating position. Every such warning sign shall bear the following legend in black letters on a yellow background:

WARNING (Letters to be at least one-half inch in height)

It is unlawful to operate this equipment closer than (Letters to be at least one-quarter inch 10 feet of any energized high voltage electric power in height)circuit.

A complete copy of any desired Industrial Code Rule is available on-line or through the Commissioner of Labor of the State of New York at the following address:

State of New YorkDepartment of LaborDivision of Safety and HealthBuilding 12, Room 522State Office Building CampusAlbany, NY 12240(518) 457-2574

A complete copy of 16 NYCRR Part 753 is available from the Public Service Commission at the following address:

State of New YorkDepartment of Public ServiceCentral FilesThree Empire State PlazaAlbany, NY 12223(518) 474-2500

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High Voltage Proximity Act

The “High Voltage Proximity Act”, as set forth in the New York State Labor Law 202-H, imposes certain duties upon employers who conduct operations within dangerous proximity to high voltage power lines, concerns hazards to untrained persons working or moving materials or equipment in proximity to such lines and should be carefully reviewed. 12 NYCRR Part 57 “Industrial Code Rule No. 57” (“Code Rule 57”) implements the “High-Voltage Proximity Act.” The requirements imposed on the Contractor by this Act address the erection, transportation, handling or storage of any tools, machines, equipment, supplies, materials or apparatus or the moving of any building within dangerous proximity to a high voltage line. The requirements of the Act differ in some respects from those of Code Rule No. 23, and Orange and Rockland Utility Company strongly advises the Contractor to carefully review such requirements. In particular, the following Sections are noted:

Labor Law Sections

202-h(5) Notification to Power Company and Responsibility for Safeguards

Whenever any activity is to be performed requiring precautionary action under this section, the employer, contractor or other person responsible for the activity shall promptly notify the owner…of the high voltage line of the intended activity, such notification to be submitted at least five normal work days before the activity is to be performed. The owner…shall perform all necessary precautionary actions, and the employer, contractor or other person responsible for the activity shall be responsible for all costs of such precautionary actions. Under no circumstances shall activities requiring precautionary actions be undertaken before such precautionary actions have been completed.

202-h(3) Prohibited Activity

No employer or supervising agent of an employer shall require or permit an employee to, and no self-employed individual, independent contractor…or homeowner shall participate in the operation, erection, transportation, handling or storage of any tools, machinery, equipment, supplies, materials or apparatus or the moving of any building, if in the course of (the same),…to come into dangerous proximity of a high-voltage line; or participate in any activity which would cause the employee, self-employed individual, independent contractor or homeowner to come within dangerous proximity of a high-voltage line; unless precautionary action has been taken to protect against the danger from contact with such high-voltage line, either by de-energizing such high-voltage line and grounding it where necessary or other effective methods or devices which have been approved in advance by the owner or person in charge of such high-voltage lines for the particular case and for the particular location.

202-h(4)(b)

If for any reason and for any time period, the operator of the equipment is unable to assess visually the clearance of the equipment from overhead high-voltage lines, a second person shall be designated to observe the clearance and provide timely warning to the equipment operator. 202-h(3)(c)

In no case shall the required clearance be provided by moving or displacing any conductor, except where the same is temporarily relocated pursuant to arrangements made with the owner or person in charge of the high-voltage line, and such actions are performed by such owner or person in charge.

As a general matter, the Utility Companies strongly recommend that everyone working or responsible for anyone working around electric wires or equipment become familiar with the

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various federal, New York State and local codes, rules, regulations, standards and statutes governing this type of work environment.

39. OSHA STANDARDS

The Occupational Safety and Health Act (“OSHA”) contains certain provisions which apply to work near utility facilities. The Contractor’s attention is directed in particular to 29 CFR Part 1910 and 29 CFR Part 1926 which contain requirements for work and other activities near utility facilities including high-voltage lines.

Among the OSHA provisions of which the Contractor should be aware are the following: 29 CFR Section 1910.333 describes specific practices which should be employed to prevent injuries when work is performed near circuits which may be energized; 29 CFR Section 1910.335 describes safeguards for employee protection when working near electrical facilities; 29 CFR Part 1926 generally includes safety and health regulations for those engaged in construction, excavation and demolition work around utility facilities including power lines; 29 CFR Section 1926.416 covers the protection of employees working near electrical circuits; and 29 CFR Section 1926.900 refers to blasting activities near such facilities.

The Contractor shall be responsible for complying with all applicable sections of OSHA regulations. Among such provisions but not limited thereto are:

Sanitation (D-1926.51, c)Washing Facilities (D-1926.51, f)First Aid (D-1916.50, a, b, e, f) (D-1926.50, c) (D-1926.50, d)Steel Erection (R-1926.750.a) (R-1927.750, b)Flooring (R-1926.750, c)Structural Steel Assembly (R-1926.751) (R-1926.752, a)

Questions concerning OSHA Standards can be forwarded to the US Department of Labor at the following address:

US Department of Labor/OSHA401 New Karner Road, Suite 300Albany, NY 12205(518) 464-6742

In addition, a complete copy of any desired OSHA Standards is available through the US Government Bookstore at the following address:

26 Federal Plaza, Room 2-120New York, NY 10278(212) 264-3826

16 NYCRR Part 753 - Requirements for Excavators(Public Service Commission)

16 NYCRR Part 753 entitled “Protection of Underground Facilities” is a relatively new code which became effective on February 5, 1997 and provides that any party planning excavation or demolition work is required to notify area utilities at least two, (not counting the day of the call), but not more than ten working days prior to the proposed starting date of the work. Other requirements include the hand digging of test holes and restrictions upon the use of powered or mechanical excavation equipment in certain circumstances. Subpart 753-3 of 16 NYCRR Part 753 pertains to excavators, and Subpart 753-3.6 applies to verification of underground facilities. Public Service Law Section 119-b, requires the Public Service Commission to adopt rules and regulations for the protection of underground facilities with regard to requirements for notice, one-

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call notification systems, designation and marking of the location of underground facilities and the verification of the designated or marked locations, support for underground facilities and obligations of excavators to protect underground facilities including the use of hand dug test holes at underground facilities furnishing gas or liquid petroleum products.

Public Service Law 119-b, also authorizes the Public Service Commission inspectors to inspect excavation and demolition methods used within 15 feet of any underground natural gas pipelines and underground electric facilities. Such inspectors may order compliance with the applicable regulations (for excavation and demolition near underground gas pipelines and underground electric facilities).

Orange and Rockland Utility Company has been advised by the Public Service Commission that such inspectors will review third party construction sites on an ad hoc basis and initially report any excavator violations of 16 NYCRR Part 753 to the contractor(s) involved. If a situation is found where, in the inspector’s opinion, an imminent safety hazard exists, and the contractor refuses to take appropriate corrective action, the condition will be immediately reported to the affected utility. Upon such notification, the Public Service Commission will expect the utility to take whatever action is necessary to eliminate the hazard including seeking injunctive relief, if appropriate.

In general, operators are responsible for the preservation of markout stakes and markings and hand digging test holes to verify underground natural gas main facility locations. Powered excavation equipment may not be used closer than four inches from a natural gas main or service.

General Business Law

General Business Law Article 36 allows the Public Service Commission to forward to the Attorney General its determination of the amount of a civil penalty for violations of 16 NYCRR Part 753. An excavator shall be subject to a civil penalty of up to $1,000 for the first violation and up to an additional $7,500 for each succeeding violation which occurs in connection with the entire self-same excavation or demolition activity within a two month period.

Article 36 of the General Business Law pertains to the protection of underground facilities. In particular, General Business Law Section 764 sets forth the duties of excavators.

As a general matter, Orange and Rockland Utility Company strongly recommends that everyone working or responsible for anyone working around electric and gas utility facilities become familiar with the applicable Federal, New York State and local codes, rules, regulations, standards and statutes governing this type of work environment.

Your review of the referenced (and all other applicable) statutes, codes, rules, standards and regulations is necessary in order to gain an understanding of what is expected of those working around electric lines and equipment and natural gas facilities. It is not Orange and Rockland Utility Company’s intention to imply that the references herein completely or accurately cover an employer’s responsibilities when working near electric and gas facilities, nor is a review of this letter a substitute for reviewing the pertinent statutes, codes, rules, standards or regulations. The purpose of this letter is to bring to your attention that there are various requirements which must be complied with when working near electric and gas facilities.

There are three very important points to remember and follow:

1. Before you are going to dig, drill, blast or disturb the ground in any way, for any reason, you must first call the Underground Facilities Protective Organization (UFPO) at 1-800-962-7962.

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2. 16 NYCRR Part 753 entitled “Protection of Underground Facilities” is a new code which became effective on February 5, 1997. There may be substantial civil penalties for violations of provisions of this code.

3. When working in the vicinity of Orange and Rockland Utility Company’s overhead electric facilities call Orange and Rockland Utility Company first. You must not perform any work within ten feet (or more, if required by the applicable regulation) of an energized conductor.

If you have any questions regarding Public Service Law 119-b, 16 NYCRR Part 753, Code Rule No. 57 or any other law, regulation or standard referenced herein, please contact one of Orange and Rockland Utility Company’s Customer Service Managers.

40. CONTRACTOR’S INSURANCE

The Contractor shall procure and maintain at his own expense, and without expense to the Owner, until final acceptance by the Owner of the Work covered by the Contract, insurance for liability for damages imposed by law, of the kinds and in the amount hereinafter provided, in insurance companies authorized to do such business in the State in which the Project is to be performed and as otherwise indicated, covering all operations under the Contract, whether performed by him or by his subcontractors. Before commencing the Work the Contractor shall furnish to the Owner a certified copy of the original policy and such number as the Owner may request of a Certificate or Certificates of Insurance in a form satisfactory to the Owner’s Attorney showing that he has complied with the requirements of insurance specified herein, which Certificate or Certificates shall provide, that the policies shall not be changed or cancelled until 30 days written notice has been given to the Owner. The Contractor’s insurance policy shall cover all the Work performed by his subcontractors. The Subcontractors shall provide Workers’ Compensation Insurance for their employees. A copy of said policy shall be furnished to the Construction Manager and Architect if requested. The insurance provided by the Contractor shall be primary and non-contributory relative to any other insurance policies that may exist.

A. Workers’ Compensation Insurance : A policy covering the obligations of the Contractor in accordance with the provisions of the New York State Workers’ Compensation Law covering all operations under the Contract, whether performed by him or his subcontractors. The Contract shall be void and of no effect unless the person or corporation making or executing the same shall secure compensation coverage for the benefit of, and keep insured during the life of said Contract, such employees in compliance with the provisions of the Workers’ Compensation Law. (State Finance Law, Section 142):

B. Bodily Injury and Property Damage Liability Insurance : Unless otherwise specifically required by special specifications, each policy with limits of not less than:

$2,000,000 combined limits Bodily Injury and Property Damage.

1. Comprehensive General Liability Insurance : Covering the liability of the Contractor imposed by law for bodily injury or property damage with respect to all work performed by him under this Contract, including:

a. Broad Form Contractual Liability Coverage.

b. Any exclusions pertaining to underground property damage and Sunset clauses shall be deleted.

c. Contractor shall provide a waiver or subrogation from the Contractor and his insurance company in favor of the Owner.

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d. Such insurance shall name as additional insured or insureds the Owner, Architect, Construction Manager, their employees and consultants, State and Federal Government Agencies and/or the agents, inspectors and employees of this or any other municipal body or public utility which will grant or may have granted permits in connection with the Work.

2. Owners’ Protective Liability Insurance : Issued to and covering the liability for damages imposed by law upon the Owner with respect to all operations under this Contract by the Contractor or by his subcontractors including omissions and supervisory acts of the Owner and of the Agents and employees of the insured. Such insurance shall name as an additional insured or insureds the Owner, Architect, Construction Manager, their employees and consultants, State and Federal Government Agencies and/or the agents, inspectors and employees of this or any other municipal body or public utility which will grant or may have granted permits in connection with the Work.

Limits for this shall be $2,000,000 combined limit, Bodily Injury and Property Damage.

3. Contractors’ Automobile Bodily Injury and Property Damage Liability Insurance including:

a. Coverage of Owned, Hired and Non-owned Vehicles.

b. Such insurance shall name as additional insured or insureds the Owner, Architect, Construction Manager, their employees and consultants.

The Contractor shall procure and shall maintain during the life of this Contract, Automobile Bodily Injury Liability Insurance and Automobile Property Damage Liability Insurance in the Combined Limit of $2,000,000.

41. PERMITS AND CERTIFICATES

Unless otherwise noted the Contractor shall secure and pay for any or all permits or certificates for his Work as may be required for a legal occupancy of the building and site, and shall pay such legal taxes on materials, equipment or labor used in the prosecution of the Work, as may apply, unless otherwise noted.

Note that the Nanuet Fire District is exempt from the payment of sales and compensating use taxes of the State of New York and the cities and counties within the State of New York.

The Owner shall be responsible for paying for and obtaining a building permit.

The Contractor shall be responsible for complying with All Federal, State, County and Local laws governing building and site construction and development.

42. BUILDING INSPECTION

Each Prime Contractor shall be responsible for ascertaining times of inspection by the Town Building Inspector and other inspectors of agencies having jurisdiction, and giving them proper and timely notice for required inspections. When results of such inspections may be at variance with the Contract Documents, the Contractor shall immediately notify the Construction Manager and Architect before proceeding.

43. SUBSTANTIAL AND FINAL COMPLETION

The Architect will perform one inspection to verify the Contractor’s notification that his Work has attained Substantial Completion in accordance with the Contract Documents. The Architect will perform one inspection to verify the Contractor’s notification that his Work has attained Final

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Completion in accordance with the Contract Documents. The Owner is entitled to reimbursement from the Contractor for amounts paid to the Architect for any additional inspections.

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