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HomeMy WebLinkAboutNew Mechanical System C&S Building Services Inc. 85 Sheer Plaza Plainview, NY 11803 (516) 420-0518 Invoice DATE INVOICE # 2/21/2003 5423 BILL TO Town of Southold 53095 Main Road,Souflzold Town PO Box 1179 i Sot~old, NY 11971 QUANTITY DESCRIPTION Furnish ~ Hydro~axn Boilm and materials TERMS 0.0O% PROJECT P.O. NO. Per coatmct dated ~ 26,2001/- S~ Town of Southold, New York - Samdard voucJaer anacl~d TAX EXEMI:rr D~ on roc~ipt PATE 21,377.25 Boiler install AMOUNT 21,377.25T Total $21,377.25 VENDOR 002928 C & S BUILDING SERVICES, INC. A .1620.4.400.100 5423 02/27/2003 .. C~ECK 70749 3 R~DROTI-IERM BOLIE 21,377.25 TOTAL 21,377.25 TONVN CH= ~C)L~OLD · $OUTHOLD, NY '} 1971 -OgS~ PAY DATE Qne Thousand Five Hundred Dollars and xx/lO0 672~8635 50-791/214 EXACTLY $ 1 ,500.00 Pay Amount Above Only VOID IF ALTERED TO THE ORDER F o~ *******SOUTHOLD TOWN CLERK***** k 2395 _J ':0 2 &hO ?~ ~ 2t:,,h ~ 2h,,,O0 S ?S (COUNTER SIGNATURE REQUIRED) AUTHORIZED SIGNATURES yel) u~,o,L I~lOq;,nos (ltAI33~t~J JOSHUA Y. HORTON ~ JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOX3fN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD, NEW YORK 11971 Fax. (516)-765-1366 Tel. (516) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD MEMORANDUM RECEIVED FEB 2 7 2003 To: Elizabeth Neville, Southold Town Clerk , om: Subject: Bid Bond for Reconstruction of Town Hall Mechanical System Date: Februan/27, 2003 The contracts have been signed and the work has begun on the above referenced project. I would like to recommend that we return the Bid Bond to C & S at this time. If you need any further information on this matter, please let me know. cc: Peter Harris, Superintendent of Highways Commissioner, Dept. of Public Works ACORn. CERTIFICA i PRODUCER OF LIABILITY DATE (MM/DB/YYY¥) -THIS CERTIFICATE]~I~SUED AS A MATTER OF INFORMATION ONLY AND CONFER'~"NO RIGHTS UPON THE CERTIFICATE Affiliated Agency, Inc. 255 Executive Dr. Suite 308 Plainview NY 11803 Phone:516-576-0166 Fax:516-576-0168 C&S Building Services, Inc. 85 Sheer Plaza Plainview NY 11803 INSURED HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: GENERAL SECURITY COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE (NSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN iS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY} DATE (MM/DD/YY) LIMITS LEAL LIABILITY i EACH OCCURRENCE ] $ i, 000, 000 A I X :COMMERCIALGENERALLIABILIqY i 22K35000127 I 06/14/02 I 06/14/03 DA~A~TURE~T~u i ~1~ CLAIMS iVlADE I ! L~J occuR! MEDEXP(Anyoneperson} $ 5, 000 ; I PERSONAL&ADVINJURY $ 1, 000, 000 [ GENERALAGGREGATE $2,000,000 POL,CYF c° I boc en. i,ooo.ooo ~ X ANY AUTO F3D04012300 06/20/02 06/20/03 (La accident} B ~ OCCUR [] CLAIMSMADE 3SX070407-00 08/15/02 08/15/03 AGGREGATE $ 5, 000, 000 RETENTION $10,000 $ C ANY PROPRIETOR/PARTN E R/EXEC UTIVE G1259021 11/01/01 11/01/02 E.L. EACH ACCIDENT $100,000 OFFICER~MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $100 · 000 If s, descdbe under S~ClAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500 · 000 OTHER CERTIFICATE HOLDER CANCELLATION TOWNSOU Town of Southold PO Box 1179 Elizabeth Heville 53095 Main Rd. Southold NY 11971 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLK:lES BE CANCELLED BEFORE THE EXpIRATIOI~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILrFY OF ANY KIND UPON THE INSURER, ITS AGENTS OR © ACORD CORPORATION t988 C&S Building Services~c. 85 Sheer Plaza Plainview, NY 11803 (516) 420-0518 Invoice DATE INVOICE # 2/21/2003 5423 BiLL TO To~vn of Southold 53095 Main Road, Southold Town PO Box 1179 Southold, NY 11971 P.O. NO. TERMS PROJECT Due on receipt Boiler install QUANTITY DESCRIPTION RATE AMOUNT 1 Furnish three Hydrotherm Boilers and materials 21,377.25 21,377.25T Per contxact dated December 26,2003 See Town of Southold, New York - Standard voucher attached TAX EXEMPT 0.00% 0.00 Total $21,377.25 ACORD. CERTIFICAT OF LIABILITY INSURAN C SBO-l°"'D cd! DATEIM.DD ,02/21/03 PRODUCER ~ THIS CERTIFICATE IS~SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Affiliated Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 255 Executive Dr. Suite 308 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Plainview NY 11803 Phone: 516-576-0166 Fax: 516-576-0168 INSURERS AFFORDING COVERAGE [ NAIC # INSURED INSURER A: GENERAL SECURITY INSURERB: Kemper Ins Co C&S Building Services, Inc. ~NSURERC: State Insurance Fund 85 Sheer Plaza ~NSURERD: Plainview NY 11803 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH{S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIBS. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LTR INSR~ TYPE OF INSURANCE POLICY NUMBER DATE IMM/DD/YY} DATE IMM~DD/YY) LIMITS ! GENEP. AL LIABILITY I EACH OCCURRENCE $ 1, 000, 000 A _ MERCIAL GENERAL LIABILITY 22K35000127 i 06/14/02 06/14/03 PREMIsEsU^M^Ue lU~eNleU(Ea occurence) $50,000 CLAIMS MADE OCCUR [ I i MED EXP (Any one person) $5,000 --~-- I PERSONAL & ADV iNJURY $1,000,000 J GENERAL AGGREGATE $ 2, 000, 000 [GE~N'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $2,000,000 i AU__TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1, 000, 000 E i X ANYAUTO F3D04012300 06/20/02 06/20/03 (Eaaccident} EXCESS/UMBRELLA LIABILtTY EACH OCCURRENCE $ 5 · 000 · 000 B ~ OCCUR [] CLAIMS MADE 3SX070&07-00 08/15/02 08/15/03 AGGREGATE $ 5· 000· 000 ~-- RETENTION $].0, 000 $ , WOR.ERS COMPENSATION AND I × ITORYLIMI S I [ EMPLOYERS' LIABILITY C IANYPROPRiETOPJPARTNER/EXECUTiVE G1259021 11/01/01 11/01/02 E.L. EACHACCIDEN~T $100,000 OFF~CEPJMEMBEREXCLUDED? E.L.D!SEASE-EAEMPLOYE[ $ 100, 000 ERTIFICATE HOLDER CANCELLATION TOWNSOU Town of Southold PO Box 1179 Elizabeth Heville 53095 Main Rd. Southold N~ 11971 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPirATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAiL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. © ACORD CORPORATION 1988 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 55 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 21, 2003: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of C & S Building Service~ Inc. in the amount of $27~900.00~ for the supply and installation of a new mechanical system to service the Southold Town Hall, all in accordance with the bid specifications and approval of the Town Attorney, and Town Engineer. Elizabeth A. Neville Southold Town Clerk JOSHUA Y. HORTON SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (516)- 765 - 1366 JAMES A. RICHTER, R.A. ENGINEER TOX3FN OF SOUTHOLD, NEW YORK 11971 Tel.(516)-765- 1560 OFFICE OF THE ENGINEER TOWN OF $OUTHOLD January 21,2003 Elizabeth A. Neville Town Clerk Town Hall, 53095 Main Road Southold, New York 11971 Re: Resolution to accept the Bid of C & S Building Services Inc. For the Installation of a New Town Hall Mechanical System Dear Mrs. Neville: Mr. John Romanelli requested that I submit the following resolution to your office. Resolved that the Town Board of the Town of Southold hereby accepts the bid of C & S Building Services Incorporated, in the amount of $ 27,900.00, for the installation of a New Town Hall Mechanical System as per the plans & Specifications prepared by the Southold Town Engineering Department. If you have any questions concerning this resolution, please contact my office. Sincerely, James A. Richter, R.A. cc: John Romanelli, (Councilman) Greg Yakaboski (Town Attorney) CONTRACT IN TRIPLICATE FOR TOWN HALL MECHANICAL ROOM TO DEMOLISH & DISPOSE OF THE EXISTING BOILER & RELATED MECHANICAL SYSTEMS WITHIN THE TOWN HALL BOILER ROOM AND SUPPLY & INSTALL THREE NEW BOILERS WITH CIRCULATORS & PIPING TO SERVICE THE EXISTING MECHANICAL SYSTEM AT TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW DATED _~£6t110~6/ (63 __, 2003, BY AND BETWEEN THE TOWN OF YORK, SOUTIIOLD, SOUTHOLD, SUFFOLK COUNTY, NEW YORK, (herein called thc "Town") and C & S BUILDING SERVICES, INC. (herein called the "Contractor". WlTNESSETH, that the Town and the Contractor in consideration of the premises and of the mutual covenants, considerations and agreements herein contained, agree as follows: This Cbntract is hereby awarded to the Contractor for the work and material called for under its bid in the Proposal Form dated December 26, 2002, (a copy of which is attached) in the amount of Twenty-Seven Thousand Nine Hundred ($27,900.00) Dollars. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders,' Information for Bidders, Proposal, Contract, Specifications and Plans, together with any Addenda, shall form part of this Contract, and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, headlines and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light upon the interpretation of the pwvisions to which tl~y refer. Whenever the t~m "Contract Documents" is used, it shall mean and include this Contract, the Plans, Specifications, any Addenda, the Notice to Bidders, Information for Bidders and Proposal. In case of any conflict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of this Contract shall govern. (a) Work - The term "work" as used herein refers to all of the work proposed to be accomplished at the site of the project and all such other work as is in any manner required to accomplish the complete project; and include~ all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper for, or incidental to, the carrying out and completion of the terms of this Contract. The term "work performed" shall be construed to include material delivered to, and suitably stored at, the site of the project. FARM Al,03 C - 1 of 22 ~ ~ 12/2~/02 TUE 10:47 FAX 765 1366 Southold Town lountlng ~007 PROPOSAL FORM Date: NAME of BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any ether bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly; in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: December $, 2.002, including bidding requirements, contract, general and special conditions, speofficetions, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work. and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN HALL MECHANICAL ROOM, 53095 Main Road, Southold, N.Y. 11971 and all other work in connection therewith, in accordance with the contract documents and addenda, ff any, prepared by James A. Richter, R.A.. Southold Town Engineering Department, SouthoId Town Hall, 53095 Main Road, SOl~thold, New York; 11971, and shall comply with all the stipulations' contained therein and will. furnish the required Performailoe Bond; and that he will start the work as directed by the Town, he will accept, In full payment thereof as listed below; Furnish & Install three (3) New Oil Fired Boilers THE CONTRACTOR SHALL FURNISH AND INSTALL NEW HOT WATER HEATING PLANT AND PROVIDE A COMPLETE NEW MECHANICAL SYSTEM WITHIN THE EXISTING BOILER ROOM. THE CONTRACTOR SHALl.. PROVIDE ALL DEMOLITION & DISPOSAL OF ALL ABANDONED EQUIPMENT & MATERIAL. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT A COMPLETE, FULLY FUNCTIONING MECHANICAL SYSTEM IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED 'LUMP SUM" OF: (written in words) (w~ltten in numbers) Town Hall Mechanical System: 12/24/02 TUE 10:48 FAX 765 1366 Southolq Town~oun~ing ~oo~ PROPOSAL FORM - Cont. And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be. returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a pedod of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: / Dated: Telephone Number; Bidders Address: Town Hall Mechanical System: 12/24/02 TUE 10:48 FAX 765 1366 Southold Town~ountlng ~ 00~ STATEMEHT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section f03-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a pelitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any age ney or official thereof for work or services pertormed or to be performed o r g gods sold or to be sold, shall contain th e following statement subscribed to bythe bidder and affirmed by such bidder as true under the penaltiee of perjury; non-collusive bidding certification. A- By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to Its own organization, under penalty of perjury, that [e the best of knowledge and belief: (1) The prices in this bid have been arrived at independently w[thout collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices wltb any other bidder or any competitor. (2) Unless otherwise required by law. the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by tho bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as wall as the person signing in Its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing tim execUtion of this certit~cate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION - (Name o'f s-i~naiory) (Nolle of Corporation) authorized to si,ga ~nd submit the bid or proposal of this corporation for the following Project: be Town Hall Mechanical System: Installation of a New Hot Water Heating Plant Southold Town Hall, 53095 Main Road, Southold, New York 1197'1 and to include in such bid or proposal the corUflcate as to non-collusion required by section one- hundred-three-d (103-d) of the Oelleral Munlcyal Law as the s~t and deed of such corporation, and for any Inaccuracies or miss-statements In such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing i=s true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the ~--~ ~ dayof , (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 75ff, S,_w~. 193~, as amended & effecti, ve oh :~eptember 1, 1965. Signature Town Hall Mechanical System: E-t DATE 67.21,8635 PAY (3ne Thousand fO THE ORDER o82qOt?6~,l E]39 2393 / ? AUTHOR ZED SIGNATURES (b) Extra Work - The term "extra work" as used herein refers to, and includes, all work required by the Town which, in the judgment of the Engineer, involves changes in, or addi~ tions to, xvork required by the Plans, Specifications and any addenda in their present forms. (c) Subcontract - The term "subcontractor" shall mean any person, firm or corporation supplying labor and material for work at the site of the project, but not including the parties to tiffs Contract. (d) ~iueer - In the performance of the work, the Village shall be represented by lqtol×macher. IX~cI.cn&m & Murrcll, P.C., Cr~nsulting lEnginecrs (herein called the "Engineer"). (e) Notice - The tem~ "notice" as used herein shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to or at the last known business address of the person, firm or corporation for whom intended or to his, their or its duly authorized agent, representative or officer; or when enclosed in a postage prepaid wrapper or envelope addressed to such person, finn or corporation at his, their or its last known business address and deposited in a United States mailbox. (f) Directed, Required, Approved, Acceptable - Whenever they refer to the work or its performance, "directed", "required", "permitted',, "ordered'*, "desi .gnated", "prescribed", and words of like import shall imply the direction, requirement, permismon, order, designation or prescription of the Engineer; and "approved", "satisfied" or "satisfactory", "in the judgment of", and words of like import shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant, labor, material, supplies, equipment and other facilities and things necessary or proper f,o.r,, or inci.dental to, the.work contemplat~ by .this Coan~ tract as required by, and in strict accoi'ilance with, the applicable plans, specifications an addenda prepared by the Engineer and/or required by, and in strict accordance with, such changes as are ordered and approved pursuant to this Contract, and will perform all other obligations imposed on it by this Contract. 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices - It is understood and agreed that the Contractor will accept as payment in full, the summation of products of the actual quantifies in place upon completion of the work, as determined by the Engineer's measurements, by the unit prices bid; no allowance being made for anticipated profit or for reason of variations from the estimated quantities set forth in the Proposal. (b) ~xtra Work - The Town may, at any time, by a written order and without notice to the sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The mount of compensation to be paid to the Contractor for any extra work (as so ordered) shall be determined as follows: C-2 (1) by such applicable unit prices (if any) as set forth in the Contract; or (2) if no such unit prices are set forth, then by unit prices or by a lump sum mutually agreed upon by the Town and the Contractor; or (3) if no such unit prices are so set forth and if the parties cannot agree upon unit prices or a lump sum, then by actual net cost in money to the Contractor of the materials, pennits, wages or applied labor, preminms for Workers' Compensation h~surance, pa~q'oI1 taxes ~eClttircd by law, rental for plant and equipment used (excluding small tools) to which total c(>st will be added twenty percent (20%) as full compensation lbr all other items of protit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workers' Compensation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4. TIM_E OF THE ESSENCE Inasmuch as the provisions of this Contract relating to the time for performing and completion of the work are for the purpose of enabl'mg the Town to proceed with the construction of a public improvement in accordance with a predetermined program, such provisions are of the essence of this Contract. 5. COMMI~NCEMENT OF WORK The Contractor agrees that it will commence work within ten (10) consecutive calendar days (Sundays excepted) after si~tming this Contract. 6. TIME FOR COMPLETION The time for completion of this Contract shall be as indicated on the Proposal sheets, and the date of such completion shall be the date of the certificate of completion hercqnaf~er specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, improper weather conditions make such action advisable; and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. C-3 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to, and of the essence of, this Contract, the Contractor hereby agrees that the Town shall be, and is hereby, authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreement, the stun indicated on the Proposal sheets; which amount is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages, including overhead charges, services, inspector's wages and interest on the money invested the Town will suffer by reason of such default, for each and every day dtMng which the aforesaid work may be incomplete over and beyond the time herein slipulated lbr its con~pletion; provided, however, that thc Toxxn shall have the ~4ght to extend the time lbr the completion of said work. 8. EXTENSIONS OF TIME: NO WAIVER If the Contractor shall be delayed in the completion of its work by reason of unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God or of any public enemy, acts or neglect of the Town, acts or neglect of any other contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil com- motion or freight embargoes, the period herein above specified for completion of its work shall be extended by such time as shall be fixed by the Town. No such extension of time shall be considered a waiver by the Town of its right to t~i,;inate the Contract for abandonment or delay by the Contractor as hereinafter provided, or relieve the Contractor f~om full responsibility for performance of its obligations hereunder. 9. CONTRACT SECURITY The Contractor shall furnish a sul;ety bond in an amount equal to one hundred percent (100%) of the total Contract price as security for the faithful performance of this Contract, and for the payment of all persons performing labor or furnishing materials in connection with this Contract. ff at any fnne the Town shall be or become dissatisfied with any surety or sureties then upon the Performance Bond; or if, for any reason such bond shall cease tobe adequate security to the Town, the Contractor shall, within five (5) days after notice from the Town to do so, substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the Town. The preminms on such bonds shall be paid by the Contractor. No further payments shall be deemed due, nor shall be made until the new surety shall have been qualified. Prior to release of the Performance Bond, the Contractor shall furnish a maintenance bond equal to one hundred percent (100%) of the final Contract price, including extras. This maintenance b6nd shall remain in force for one (1) year after the date of the Final payment request. C-4 10. CONTRACTOR'S INSURANCE The Contractor shall not cormnence any work until it has obtained, and has approved by the Town, all of the insurance required under this Contract as enumerated herein. (a) Compensation Insurance and Disability Insurance (b) Public Liability and Property Damage Insurance (c) Contractor's P~ot¢ctivc Liability and Properly Damage Insurance (d) (e) Owner's (Town) Protective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance - Disability Insurance: The Contractor shall take and maintain, during the life of this Contract, Workers' Compensation Insurance and Disability Insur- ance for all his employees employed at the site of the project; and in case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance and Disability Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and ProntO/Damage Insurance: The Contractor shall take out and maintain, during the life of this Contract, such public liability and property damage insurance as will protect him and any subcontractor performing work covered by this Contract from claim.q for damages for personal injury, including accidental death; as well as from claim~ for propen'y damage which may arise from operations under this Contract, whether such operations be by him.qelf or by any subcontractor, or by any one directly or indirectly employed by either of them, and the amounts of such insuranco shall be as follows: Public Liability Insurance in an amount not less than One Million Dollars ($1,000,000.) for bodily injuries, includig, g wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000.) on account of one accident. The lown of $outhold shall be listed as an additional insured. Prop~.y Damage Insurance in an amount not less than Five Hundred Thousand Dollars ($500,,000.) for damages on account of any one accident, and in an amount of not less than One Million Dollars ($1,000,000.) for damages on account of all accidents. The Town of Southold shall be listed as an additional insured. C-5 (c) Liability_ and Property Damage Insurance: The above policies for public liability and property danmge insurance must be so written as to include Contractor's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations ofanysubcontractors. The Town of $outhold shall be lisle0 as an additional insured. (d) Owner's Protective Public Liability and Property Damage Insurance: (Town and/or Board of Trustees of the Town and/or Holzmacher, McLendon & Murrell, P.C.). The Contractor shall furn/sh to the Town, with respect to the operations he or any of bis subcontractors perform, a regttlar Protective Public Liability Insurance policy for, and in bch',dl' ot; tl~c Town and/or Board of Trustees of the Town and/or Holzmacher, McLendon & Mmxell, P.C., providing for a limit of not less than One Million Dollars ($1,000,000.) for all damages arising out of bodily injuries to, or death of, one person and subject to the limit for each person, a total limit of One Million Dollars ($1,000,000.) for all damages ahsing out of bodily injuries to, or death of, two or more persons in any one accident; and regular Protective Property Damage Insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.) for all damages arising out of injury to, or destruction of, property in any one accident, and subject to that limit per accident, a total (or aggregate) limit of One Milhon Dollars ($1,000,000.) for all damages arising out of injury to, or destruction of, property during the policy period. The insurance must fully cover the legal hability of the Town and/or the Board of Trustees of the Town as Owner, and/or Holzrnaeher, McLendon & Murrell, P.C., as Engineer. The coverage provided under this policy must not be affected if the Town or Engineer performs work in connection with the project either for, or in cooperation with, the Contractor or as an aid thereto, whether the same be a part of the Con, act or separate therefi'om, by means of its own employees or agents, or if the Town or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of this Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for damages for pemonal injury, including acoidantal death, as well as fi'om claim.q for propeaty damage wltich may arise from operations under this Con~cact, whether such operations be by hlm.qeff ~or by any subcontractor, or by any one directly or indirectly employed by either of them; and the amounts of such insurance shall be as follows: Automobile Public Liability Insurance in an amount not less than One Million Dollars ($1,000,000.) for bodily injuries, including wrongful death to any one person, and subject to the Same limit for each person in an amount not less than One Million Dollars ($1,00.0,000.) on account of one accident. The Town of Southold shall be listed as an additional insured. Automobile Property Damage Insurance in an amount not less than Five Hundred Thousand Dollars ($500,000.) for damages on account of any one accident, and in an amount of not less than One Million Dollars ($1,000,000.) for damages on account of all accidents. The Town of Southold shall be listed as an additional insured. C-6 11. PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract, except with respect to subdivision (d) of paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and tiao policy shall b~' flirther endorsed to prox ide the Town Clerk with :ua3 laotice of cancellation at least ten (10) days prior to thc actual date of such cancellation. 12. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Laws and any and all amendments thereto, insofar as the same are applicable to this Contract. The Labor Laws (as amended) provide that 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 day or more than five (5) days in any week, except in such emergency;, that the wages to be paid for a legal day's work (as hereinbefore defined) to laborers, workers or mechanics upon the work called for under this Contract or for any materials used upon or in connection therewith shall not be less than the prevailing rote for a day's work in the same trade . or occupation in the locality within the state where such work is to be done; and each laborer, worker or mechanic employed by the Contractor, subcontractor or other person employed about or upon the work, shall be paid the wages herein provided; that employees engaged in the construction, maintenance and repair of highways and in water works construction outside the limits of cities and villages are no longer exempt from the .provisions of the Labor Laws which require the payment of the prevailing rate of wages and the eight- (8) hour day. Section 220-A of the Labor Law (as amended by Chapter 472 of the Laws of 1932) provides that before payment is made by or on behalf of the State or any city, county, town or village, or other civil division of the State, of any sums due on account ora contract for a public improvement, it is the duty of the comptroller or the financial officer of the municipal corporation to require the Contractor and each and every subcontractor to file a certified statement (in writing; in satisfactory form) certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract, setting forth therein the names of the persons whose wages are unpaid and the amount due each respectively. Section 220-B of the Labor Law (as so amended) provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any eontrsetor or subcontractor to the extent of the amount or amounts due or to become due to it for daily or weekly wages' for labor performed on the public improvement for which the Contract was entered into, or if for any other reason it may be deemed advisable, the comptroller of the State or other financial officer of the municipal corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any contractor or subcontractor in such C-7 statement or statements so filed to be due and owing '~o it on account of' labor performed, and may witlfl~old the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any contractor or subcontractor, and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law (as so amended) provides the penalty for making of a false oath or verification. Section 220-D of tile Labor Law provides that the advertised Sl>ccific~ltions for every contract for construction, reconstruction, maintenance and/or repair of highways to which thc State, County, Town and/or Village is a party, shall contain a provision stating the minimum rate of hourly wage that can be paid (as shall be designated by the Industrial Corranissioner) to the laborers employed in the performance of the Contract, either by the Contractor, subcontractor, or other person doing or contracting to do the whole or part of the work contemplated by the Contract; and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays (after entering into such Contract) less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and upon conviction, shall be punished for a first offense by a frae of five hundred dollars ($500) or by imprisonment for not moro than thirty (30) days, or by both fine and imprisonment for a second offense by a fine of one thousand dollars ($1,000); and in addition thereto, the contract en which the violation has occurred shall be forfeited, and no such person or corporation shalI be entitled to receive any sum nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under its charge or control to any person or corporation for work done upon any contract on which the Contractor has been convicted of second offense in violation of the provisions of this section. The minimum wage rates established by the Induslrial Commissioner, State of New York, for this Contract are as set forth in the "Information for Bidders". Section 1918 of the Penal Law {~s amended) provides that no person shall discharge explosives in the ground; nor shall any person other tb~n a State or County employee rogularly engaged in the m~i~tenance and repair thereof excavate in any then existing street, highway or public place unless notice thereof in writing shall have been given at least seventy-two (72) hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice and fllrther he shall ascertain whether there is within one hundred feet (100~ in such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet (200') of such discharge, any pipe of any person, corporation or municipality conveying combustible gas; and if there be any such pipe, he shall also give such notice to any such person, corporation or municipality. Provided, however, that in any emergency involving danger to life~ health or property, it shall be lawful to excavate without using explosives if the notices prescribed heroin are given as soon as reasonably possible; and to discharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal injurg if such notices are given before any such discharge is undertaken. Any such work shall be performed in such manner as to avoid damage to any pipe conveying combustible gas. Any violation of the provisions of this section shall be a misdemeanor. C-8 In accordance with paragraph "a" of subdivision 3-a of Section 220 of the New York State Labor Law, the Contractor shall submit, and shall cause each subcontractor through which the Contractor performs any of its obligations hereunder to submit, to the Town a transcript of each original payroll issued by the Contractor or the subcontractor, as applicable, with respect to work performed hereunder. Each such transcript must be received by the Town within thirty days after the relevant payroll is issued and shall be subscribed by a duly authorized officer of the Contractor or subcontractor, as applicable, in the following manner: "l'llc undersigned, a dui5 authorized o£ticcr of [name of' Contractor or su/)contractor] does hereby certify as true this transcript of the corporation's original payroll record dated ., for the pay period beginning and ending and relating to all work or materials furnished during such period in connection with the [Identify Contract], and hereby affirms said transcript as true, under penalties of perjury, pursuant to Labor Law 220(3-a)(a) and Penal Law § 210.45" 13. QUALII~ICATIONS FOR EMPLOYMENT No person under the age of sixteen (16) years, and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract. No person whose age or physical condition is such as to make his employment dangerous to his health or safety, or to the health or safety of others, shall be employed to perform any work on this project; provided, however, that such restrictions shall not operate against the employment of physically handicapped persons (othenvise employable) where each person may be safely assigned to work which they can ably perform. 14. NON-DISCRIMINATION There shall be no discrimination {~ecause of race, creed, color or sex in the employment of persons for work under this Contract, whether performed by the Contractor or any subconlrac- tot. Neither shall the Contractor nor any subcontractor discriminate in any manner against, or intimidate, any employee hired for the performance of Work under this Contract on account of race, creed, color or sex. There may be deducted from the mount payable to the Contractor by the Town under this Contract a penalty of Fifty dollars ($50) for each person for each calendar day.during which such person was discriminated against or intimidated in violation of the provisions of this section; provided that for a second or any subsequent violation of the terms of this section, this Contract may be canceled or terminated by the Town, and all monies due or to become due hereunder may be forfeited. C-9 15. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of their employees engaged in work on the project under this Contract in full (less dednctions made mandatory by law), in cash, and not less often than once a week. 16. ESTIMATES AND PAYMENTS (a) Monthlv: At thc end of each calendar month during the progress of tt~c work, the Contractor shall submit a pa~ent requisition to the Engineer. The Engineer will review the requisition ~d prep~e a pa~ent request based on the estimated mount of work perfo~ed and the quantiW of materials ~ished, baed on the prices set fo~h ~ ~e Proposal. At the end of each calenda mon~ d~ng ~e pro~ess of the work, the En~ecr shall m~e up ~ approximate estimate of ~e work done ~d ~e materials f~shed, baed on ~e prices set fo~ in ~e Proposal. k consideration of the work done ~d the materials ~shed, the To~ will pay or cause to be paid to the Con,actor for the amo~t est~ated by ~e Engineer as due it, less a sum equal to five percent (5%) of such mo~t, ~d such additional mo~t ~ may be necess~ to satis~ ~y d~s, hms or jud~ ag~st ~e Con~tor w~ch have not b~ s~tably disch~ged. ~e m~g of ~y such est~ate or pa~ent mMe ~ereon sh~ not be t~en or co~ ~ ~ accutec by ~e Enter or ~e Tom of ~y work so e~at~ ~d p~d for. ~e mo~t of ~e money ~ate ~aining ~d ~ be re~ by ~e Tom ~ a ~tee ~t ~e ~n~tor ~ f~ly ~d compl~ly fififil! ~ ob~gafiom ~s~ by &e Con~t ~d Sp~ifieafiom, ~d a~in~ ~y ~ag~ ~e~ by ~e Tom by ~n of ~y f~lme on ~e p~ of ~e Con, tot to ~fi~ all mn~fiom ~d obligafiom h~ mn~. ~1 p~al pa~ents me subj~t to co~ecfion ~ ~e subs~u~t pa~ent. No int~est shill be allow~ the Con,actor on retm~ percentages. (b) Final Payment Reouest: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract, the Bngineer will prepare a final payment request of all work done. Thereaf~, the'Town will payto the Contractor the full amount of the Con_tract, less a sum equal to two (2) times the value of any remaining items to be completed and an amount necessary to satisfy any elm, lions or judgments against the Contractor which have not been suitably discharged, less any prior payments paid by tho Village to or on behalf of the Contractor. (c) M..alntenance Bond: In order to secure the performance .of the covenant of the Contractor, prior to release of the Performance Bond, thc Contractor shall deliver to the Town a maintenance bond equal to one hundred percent (100%) of the total Contract price, including all extras. This maintenance bond shall remain in full force and effect for a period of one (1) year after the date of the final payment request; and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York, shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur With'm twelve (12) months after completion and acceptance of the work performed bythe Contractor pursuant to this Contract. (d) Measurements for Payment: The Engineer shall make due measurement of the work done during the progr~s of the work; and its estimate shall be final and conclusive evidence of C- 10 the amounts of work performed by the Contractor under, and by virtue of, this agreement; and shall be taken as the full measure of compansation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work, but the expense of such re-measurement or re-estimating shall (unless material error be proved) be paid for by the Contractor. 17. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE TIle acccl)taluCe by the Contractor ol the lhual paymcnt shall be, and slaall opcratc as, a release to the Town fi.om all claims and all liabilities to the Contractor tbr all things done or furnished in connection with this work, and for every act and neglect of the Town and others relat'mg to, or arising out of, this work, excepting the Contractor's claims for interest upon final payment, if this payment be improperly delayed. No payment, however, (final or otherwise) shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance and/or Maintenance Bond. 18. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to commencing any work under this Contract, a detailed schedule and plan of operations indicating the manner in which the Contractor proposes to prosecute the work and a time schedule therefor. Such schedules are not intended to bind the Contractor to a predetermined plan or procedure, but rather to enable the Engineer to coordinate the work of the Contractor with work required of, and to be performed by, others. The Contractor shall furnish the Engineer with periodic estimates for partial payments as required elsewhere in the Contract Documents; and in addition thereto, will furnish the Engineer with a detailed estimate for final payment.~ Prior to being ehgible to receive ~final payment under this Contract, the Contractor shall fumish the E~neer with substantial proof (in affidavit form, or as required by the attorneys for the Town) that all bills for services and labor rendered and materials supplied have been paid. The enumeration of the above reports in no way relieves the Contractor of its responsibility under existing Federal Or State laws of filing such other reports with agencies other than the Town as may be required by such existing laws or regulations. 19. INSPECTION AND TESTS All materials and workmanship shall be subject to inspection, examination and test by the Engineer, and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construction is carried on. C-Il Without additional charge, the Contractor shall furnish promptly ail reasonable facilities, labor and materials necessary to make tests so required safe aud convenient. If, at any time before final acceptance of the entire work, the Engineer considers necessary or advisable an examination of any portion of the work already completed, by removing or tearing out same, the Contractor shall (upon request) furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material respect due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer (whether or not the same shall be d~'fcctive), tile Contractor shall be liable For tile expenses l'or such exrm~inati~n and (fl' satisfactory reconstructiou. If, however, such approval and consent shall have been given and such work is found to meet the requirement of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspection and tests must be furnished the Engineer prior to the incorporation of the material in the work. Any rejected work will be removed from the site of the project completely at the expense of the Contractor. 20. PLANS AND SPECIFICATIONS - INTERPRETATIONS The Contractor shall keep at the site of the work one copy of the Plans and Specifications signed and identified by the .F,n~.'. ee[~. Anything shown on the Plans and not mentioned in the Specifications, or mentioned m the Specltications and not shown on the Plans, sb~,!! have the same effect as if shown or mentioned respectively in both.. In case of any conflict or inconsistency between the Plans and the Specifications, the Plans shall govern. Any discrepancy between the figures and drawings shall be submitted to the F, ngineer, whose decision thereon shall be conclusive. 21. SUBSURFACE CONDITIONS FOUND DI~BRENT Should the Contractor encounter subsurface conditions at the site materially differing Eom those shown on the Plans or indicated in the Specifications, it shall immediately give notice to the Engineer of such conditions before they are disturbed; the Engineer shall thereupon promptly investigate the conditions; and flit finds they materially differ from those shown on the Plans or indicated in the Specifications, it shall at once make such changes in the Plans and/or Specifications ~ it may find necessary. Any increase or decrease of cost resulting fi.om such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes. C- 12 22. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Contractor warrants it has good title to all materials and supplies used by it in its work. 23. SUPERINTENDENCE BY CONI'RA(TOR At the site of the work the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved, unless he ceases to be on the Contractor's payroll. 24. PROTECTION OF WORK, PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at its own expense any and all additional safety measures deemed necessary by the Town or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities that may serve the area and request their assistance in predetermining the location and depth of the various pipes, conduits, manholes, and other underground facilities. The Contractor shall, at all hoUr~ of the day, safely guard and protect its own.w, ork, adjacent property from any damage, and ~eplace or make good any such damage, loss or injury, unless such be caused directly by ~lxors contained in the Contract Documents, or bythe Town or its duly-authorized representatives. The Contractor shall provide and maintain such watchmen, barriers, lights, flares and other signals (at its own expense) as will effectively prevent any accident in consequence of its work for which the Town might be liable. The Contractor shall be liable for all injury or damage caused by its act or neglect, or that of its employees. 25. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) that it is financially solvent and that it is experienced in and competent to perform the type of work involved under this Contract, and able to furnish the plant, materials, supplies and/or equipment to be furnished for the work; and C-13 (b) that it is familiar with all Federal, State and municipal laws, ordinances and regulations which may in any way affect the work of those employed herem~der, including (but not limited to) any special acts relating to the work; and (c) that such work required by these Contract Documents as is to be done by it can be satisfactorily constructed and used for the purpose for which it is intended, and that such con- stmction will not injure any person or damage any property; and (d) that it [:as carcfitlly examined the Plans, S?ecifications and tile site of' thc and that from its own investigation it has satisfied itself as to the nature and location of the work, the character, location, quality and quantity of surface and subsurface materials, structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 26. PATENT RIGHTS As part of its obligation hereunder, and without any additional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof, and will fully indemnify the Town for any loss on account of any infringement of any patent fights, unless, prior to its use in the work of a particular process or a product of a particular manufacturer, it notifies the Town in writing that such process or product is an infringement of a patent. 27. SURVEYS The Con~ractor is responsible fol~fumishing all layouts, measurements, and lines and grades necessary for the execution of the work. 28. AUTHORITY OF ~ ENGBqEER In the performance of the work, the Contractor shall abide by all orders, directions and requirements of the Engineer; and shall perform all work to the satisfaction of the Engineer at such time and place, by such methods and in such manner and sequence as it may require. Tho Engineer shall determine the amount, quality, acceptability and fitness of all parts of the work; shall interpret the Plans, Specifications, Contract Docments, and any extra work orders; and shall decide all other questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions, requirements or detormlnations. The enumeration herein or elsewhere in the Contract Documents of particular instances in which the opinion, judgment, discretion or determination of the Engine,r shall control, or in which work shall be performed to its satisfaction or subject to its satisfaction, or subject to its approval or inspection, shall not imply that only matters similar to those enumerated shall be so governed and so performed; but without exception, all the work shall be governed and so performed. C- 14 29. CHANGES AND ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans, form or dimensions of the work or any part thereof, either before or after the commencement of the construction. If such alterations diminish the amount of work to be done no claim for damages or anticipated profits will be warranted on the work that may be dispensed with. If such alterations increase the amount of work, such increases shall be paid for according to the quantity of ~vork actually done and at the prices for such work as contained in the schedule of prices. 30. CORRECTION OF WORK All work and materials (whether incorporated into the work or not), all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Engineer, who shall be the final judge of quality of materials, processes of manufacture, and methods of construction suitable for the purpose for which they are used. Should they fail to meet its approval, they shall be forthwith reconstructed, made good, and replaced and/or corrected (as the case may be) by the Contractor at its own expense. Rejected material shall immediately be removed fi:om the site. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Engineer shall be equitable. The Contractor expressly warrants that its work shall be flee from any defects in materials or workmanship, and agrees to correct any defects that may appear within one year following the final completion of the work. Neither the acceptance of. the completed work nor payment thorefor shall operate to release ~e Contractor or its sureties finm any obligations under or upon this Contract or the Performance a~d/or Maintenance Bond. 31. WEATHER CONDITIONS In the event of temporary suspension of the work, during inclement weather, or whenever the Engineer shall direct, the Contractor will, and will cause its subcontractors to, protect carefully its, and theft, work and materials against damage or injttty from the weather. If, in the opinion of the Engineer, any work or materials shall have been damaged or injured by reason of the failure on the part of the Contractor or any of its subcontractors to protect its or their work, such work and materials shall be removed and replaced at the expense of the Contractor. C-15 32. TIlE TOYVNS' RIGHT TO WITHHOLD PAYMENTS The Town ~nay withhold from the Contractor so much of any approved payments due it as may, in the judgment of the Town, be necessary to: (a) assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; or (b) protect the Toxvn from loss due to defective work not remedied; or (c) protect the Town froln loss due to injury to persons or damage to the work or property of other contractors, subcontractors or other, caused by the act or neglect of the Contractor or any of its subcontractors. The Town shall have the fight, as agent for the Contractor, to apply any such mounts so withheld in such manner as the Town may deem proper to satisfy such claims or to seeure such protection. Such application of such money shall be deemed payments for the account of the Contractor. 33. THE TOWNS RIGHT TO STOP WORK OR TERMINATE CONTRACT The Town has the right to stop work or terminate the Contract, if: the Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors; or Co) a receiver or liquidator shall be appointed for the Contractor for any of its property and shall not be dismissed within 20 days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days; or (c) the Contractor shall refus~~' or fail, a~ter notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials; or (d) the Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or in duly authorized extension thereof), or shah fail to complete the work within said period; or (e) the Contractor shall fail to make prompt payment to persons supplying labor or materials for the work; or (f) the Contractor shall fail or refuse to regard laws, ordinances, or the instruction of the Engineer or othenvise be guilty of a substantial violation of any provision of this Contract, then and in any such event, the Town (without prejudice to any other rights or remedy it may have) may, by seven (7) days' notice to the Contractor, terminate the employment of the Contractor and'its rights to proceed, either as to the entire work or (at the option of the Town) as to any portion thereof as to which delay shall have occurred; and may take possession of the work and complete the work by contract or otherwise, as the Town may deem expedient. In such C- 16 case, the Contractor shall not be entitled to receive any fnrther payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work (including compensation for additional managerial, administrative and inspection services, and any damages for delay), such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor and its sureties shall be liable to the Town for such excess. If the right of the Contractor to proceed with the work is so terminated, the Town may take possession of, and utilize in completing tile work, such m[~terials, appliances, SUpl>lies, plant and equipment as may be on the site of the work mid necessms' thereof. If the Town does not so terminate the right of tire Contractor to proceed, the Contractor shall continue the work. 34. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any other public authority for a period of three (3) months without act or fault of the Contractor or of any of its agents, servants, employees or subcontractors, the Contractor may, upon ten (10) days' notice to the Town, discontinue its performance of the work and/or terminate the Contract, in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance; and that any unfaithful or imperfect work that may become damaged from any cause (either by act of commission or omission to properly guard and protect the work) that may be discovered at aay time before the completion.and acceptance shall be removed and replaced by good and satisfactory work wlthoRt any charge to the Town; and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve it of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove of any work bythe Engineer at or before the lime of a partial payment or other estimate shall n6t be construed to be an acceptance of any defective work. 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at its own expense to: (a) take every precaution against injttry to persons or damage to property; and Co) store its apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of its work or the work of any of its subcontractors; and C- 17 (c) place upon any of the completed work only such superimposed loads as are consistent with the safety of that portion of the work; and (d) fi~equently clean up all refuse, rubbish, scrap materials and debris caused by the operations to the end that at all times the site of the work shall present a neat and orderly and workmanlike appearance; and (e) remove all sm]¢lus material, temporary structures, plants of any description and dc/~ris ()1' cxc~y t~:durc ~csutlting from its operations, and to put the site in a neat and orderly condition before the Final payment request. 37. SUITS AT LAW The Contractor shall indemnify and save harmless the Town fi.om and against all suits, claims, demands, or actions for any injury sustained or alleged to be sustained by any party or parties hx connection with the construction of the work or any part thereof, or any commission or omission of the Contractor, its employees or agents, or any subcontractor; and in case of any such action shall be brought against the Town, the Contractor shall immediately take charge of, and defend, the same at its own cost and expense. 38. POWER OF THE CONTRACTOR TO ACT IN AN EIVlERGENCY In case of an emergency which threatens loss or injm'y to property and/or safety of life, the Contractor will be permitted to act as it sees fit, without previous instruction fi.om the Engineer. The Contractor shall notify the Engineer thereof immediately thereafter; and a~.y compensation claimed by the Contractor ~ue to extra work made necessary because of its acts such emergency shall be submitted to the Engineer for approval. Where the Contractor has not taken action but has notified the Engineer of an emergency indicating injury to persons or damage to adjoining property or the work being accomplished under this. Contract, then upon authorization from the Engineer to prevent such threatened.injury or damage, it shall act as instructed by the Engineer. The amount of reimbursement claimed by the Contractor on account of any such action shall be determined in the manner provided herein for the payment of extra work. 39. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and evexy provision of law and clause required by law to be ?.e~ted herein and the Contract shall be read and enforced as though it were included he~in; and if through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party, the Contract shall forthwith be physically amended to make such insertion. C-18 40. SUBLETTING, SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract nor assign any money due it hereunder without first obtaining the written consent of the Town. This Contract shall endure to the benefit of, and shall be binding upon, the parties hereunder and upon their respective successors and assigns; but neither party shall assign or transfer its interest herein in whole or in part without consent of the other. 41. WAIVER OF IMMUNITY "This Contractor states that it is familiar with Chapter 94 of Sections 103-A and 103-B, General Municipal Law of the State of New York; and that any refusal on its part when called before a Grand Jury to testify concerning this transaction or transaction had with the Town, or to sign a waiver of immunity against subsequent criminal prosecution, or to answer any relevant questions concerning such transaction or contract, shall thereafter render such fn-m, partnership or corporation disqualified fi.om receiving awards or entering into any contracts for a period of five (5) years after such refusal." Any contract so made without the foregoing declaration shall be subject to cancellation or tennination by the Town of Southold without said Town incurring any penalty or damages on account of such cancellation or termination. (Se,qL) q M. ROMANELLI ty Town Supervisor C- 19 ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) )SS: COUNTY OF~ ~L,{¢. ) On tiffs 10'{~ay of ,'~R~mi~WL/, 2003 before me personally came and appeared ~ ; to me known; who being by me duly sworn, did depose and say · F ai O m2, --" the co oration d rp escnbed in and w~ch executed the foregoing instrument, tha~he~ows the sea~ 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. MELANIE DOROSKI NOT/~Y PUBUC.State of New YO~ No, 01D04634870 Qualified in Suffolk County Comm~on F.,~ires Septembm' ' -- NOT.~Y-PUBLIC ACKNOV~LEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF NEW YORK) COUNTY OF ) On this ~ day of 20__, before me pemonaily'came and 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 PUBMC C-21 ACKNOWLEDGMENT OF CONTRACTOR, IF AN 1NDIVDUAL STATE OF NEW YORK) )$$~ COUNTY OF ) On this day of , 20_, before me personally came and 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 C - 22 ACKNOWLEDGMENT OF OFFICER OF TOWN OF SOUTHOLD EXECUTING CONTRACT STATE OF NEW YORK COUNTY OF SUFFOLK On this [0~- day of -]',Brl~O-t.r. , 2003, before me personally came and appeared JOHN M. ROMANELLI, to me known, who being by me duly sworn did depose and say that he is the DEPUTY SUPERVISOR of the TOWN OF SOUTHOLD, described in and which executed the foregoing instrument; that he knows the seal of said Town; that the seal affixed to said agreement is such Town seal, and that it was so affixed by order of the Town Board of the Town of Southold; and that he signed his name thereto by like order. MELANIE DOROSKI NOTARY PUBLIC, State of New York No. 01D04634870 Qualified in Suffolk County Commission Expires September 30,~._c,~::> NOTARY PUBI.~ C - 23 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 2 i, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Andrew Fohrkolb Kolb Mechanical Corp P O Box 106 Mattituck NY 11952 Dear Mr. Fohrkolb: The Southold Town Board, at its regular meeting of January 21, 2003, accepted the bid of C & S Building Service Inc. for the supply and installation of a new mechanical system to service the Southold Town Hall. A certified copy of the resolution is enclosed. Also, returned herewith is your certified bid check. Thank you for submitting your bid. Very truly yours, Elizabeth A~ Neyi~!e Southold Town Clerk Enclbsures 6739~396 ~o~- FORK ~^~ DATE 1 ~ / ~Z+/O5 One Thousand Nine Hundred Eight Dollars and EXACTLY $ p~y '75/] OO VOID IF ALTERED PAY TO THE ORDER OF TOWN OF sOUTHOLD ,'~= ? ~q 15q~' (COUNTE SIGNATURE REQUIRED} · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can retu;'n the card to you. · Attech this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: F~J~TT~c(~ IJ~' I(~$ 2. A. Received by (P~ase Print Cleady) ~, Date of Delivery C. Signature [~ Agent X [3 Addresse~ ' 3. i~e Type [] Expm~ M~il r-I Return Receipt for Merchandise /~ C,O.D. 4. Restricted Delive~y? (Exba Fee) [] Yes 2. Artieie Number (Copy from service label) PS Form 3811, July 1999 Domestic Return Receipt ,/ ELIZABETH A. NEVILLE TOWN CLERK REGISTI~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 MEn Road P.O. Box 1179 Southold, New York 11971 F~x (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 21, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Chris Ghosio Danisi Energy Co Inc 3205 Rt 112 Medford NY 11763 Dear Mr. Ghosio: The Southold Town Board, at its regular meeting of January 21, 2003, accepted the bid of C & S Building Service Inc. for the supply and installation of a new mechanical system to service the Southold Town Hall. A certified copy of the resolution is enclosed. Also, returned herewith is your certified bid check. Thank you for submitting your bid. Very truly yours, Elizabeth A.-Neville Southold Town Clerk ljcx. Enclbsures Riverhead; New York !90 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Received by (Please Pdnt Clearly) B. Date of Delivery C. Signature F~ Agent X ~1 Addressee D. Is delivery address diff.'ant flo~ item 1 ? r-I Yes If YES, enter delivery address below: [] NO 3..~vk:e Type ~ Certified Mail [] Express Mall [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Rest~cted Delivery? (Extra Fee) [~ Yes 2. Article Number (Copy from service label) PS Form 3811, July 1999 Dorf~estic Return R~cetpt t. Postmark Here ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS ~AGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 21, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED William Sallee East Coast Mechanical Service, Inc. 740 Sandra Ave West Islip NY 11796 Dear Mr. Salee: The Southold Town Board, at its regular meeting of January 21, 2003, accepted the bid of C & S Building Service Inc. for the supply and installation of a new mechanical system to service the Southold Town Hall. A certified copy of the resolution is enclosed. Also, returned herewith is your bid bond. Thank you for submitting your bid. Very truly yours, Elizabeth A: Neville Southold Town Clerk Enclosures INSTITUTE OF A. £HI' ZTS THE. Document AYlO Bid Bond BOND#30977 'KNOW ALL MEN BY THESE PRESENTS, thatwe EAST COAST NECHAIqICAL SERViCES,INC- as princlpal, hereina{ter calted the Principal, and NOVA CASUALTY COMPANY a corporation du{y organized under the laws of the State of as Surety, hefeir~a(ter called the Surety, are held and firmly bound unto THE X;ILL~GE OF SOUTHOLD as Obi gee, hefemafte · Complete items 1.2. an(l 3. Also comphete Rem 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · A~ach this card to the back of the mailpi~e. or on the front if space permits. //7 ~$ 2. A~tlcle Number (Copy from es Fo~ 3811, July 1999 4. Restored Deliveu'/,,,,~ Fee) ri Yes AST COAST MECHANICAL SERVICE$~INu~. - ri )pal) , (Seal} . - ,." (Title) : MATT~E UALTY r'OMPANY ~ --. Y-~' (Sea ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 21, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED John O'Hanlon, President Carter-Melence, Inc. P O Box 907 Sound Beach NY 11789 Dear Mr. O'Hanlon: The Southold Town Board, at its regular meeting of January 21, 2003, accepted the bid of C & S Building Service Inc. for the supply and installation of a new mechanical system to service the Southold Town Hall. A certified copy of the resolution is enclosed. Also, returned herewith is your bid bond. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk EnclBsures [~ 0 0 2 THE A?ERICAN INSTITUTE OF ARCHITECTS · Complete items 1, 2, and 3. A(so complete item 4 if Restricted Delivery is desired. · Print your nome and address on the reverse so thor we een return the cord to you. · Attach this card to the bac~ of the maiipioce, or on the front if space permits. 2. Article Number (COpy from service label) 7~ ~¢.o~ ~o~z~ 3~,,~'7 &Jo 7 ,~s~ PS FO~ ~11,3~[~ 19~ Domestic Return R~e[pt $£9t,~c1 a~! eeale~ tkLs 12/26/02 ---~'~'~*"t ~l~ N,g, AqI~., N.W.~ ~'~r D.C. 20006 day of December. :~00Z ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 21, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Charles W. Rumpf Dominion Construction Corp 108 Allen Blvd Farmingdale NY 11735 Dear Mr. Rumpfi The Southold Town Board, at its regular meeting of January 21, 2003, accepted the bid ofC & S Building Service Inc. for the supply and installation of a new mechanical system to service the Southold Town Hall. A certified copy of the resolution is enclosed. Also, returned herewith is your bid bond. Thank you for submitting your bid. Very truly yours, l jo ' Enclosures Elizabeth A~ Neville Southold Town Clerk AIA 310 BID BOND KNOW ALL MEN BY THESE PRESENTS,/:hat we DOMINION CONSTRUCTION CORP. 108 ALLEN BLVD FARMINGDALE,N .Y. 11735, as Principal, hereinaI2er called the Principal and INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER NEWARK, NJ 07102, a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, N.Y. 11971, as Obligee, hereinafter called the Obligee: · Corsplete iterss 1, 2, and 3. Also corsplete A. Received b "tters 4 if Restricted Delivery is desired. · Print your narse and address on the reverse S~gnature So that we can return the card to you. · Attach this card to the back of the rsailpiece, X or on the front if space permits, y addms* 1. Article Addressed to: 0 ~eCste~ FI Insured Mall (Wimess) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 21, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Nancy A. Smith, President Cole Mechanical Corp 119 Lake Dr Mahopac, NY 10541 Dear Ms. Smith: The Southold Town Board, at its regular meeting of January 21, 2003, accepted the bid ofC & S Building Service Inc. for the supply and installation of a new mechanical system to service the Southold Town Hall. A certified copy of the resolution is enclosed. Also, returned herewith is your bid bond. Thank you for submitting your bid. Very truly yours, Elizabeth A: Neville Southold Town Clerk Enclbsures THE AMEk,CAN INSTITUTE OF ARCHITECTS Document A310 Bid Bond Bond No. 30985 ~il:~/ R[2~ ~H BY ~2~ ~;~2f~8, t_hat ~e Cole Mechanical Corp. 119 Lake Drive, Mahopac, New York 10541 as Principal,hereinafter called the Principal and Nova Casualty Company 180 Oak Street, Buffalo, New York 14Z03-1610 a corporation duly organized u.v'a~-v ~-5,- ', (Here insert futt name and address or regal titte of Contractor) m comP ere terns 1 2, a~d 3. Nso com.plete , . DetwerY is desired item 4 ff Restncted~ -a~--ss on the reverSe · ~,i.t vo~, .am. ~,~%";;;a~ to so that we cai3~re..tu,+~, hack of the or on the front n ~P PS Fo~m July 1999 26th day o~ becember 20 02 ,/ (Witness) pate: 12/26/02 Cble Mechanical Corp. No~ ~1~ Com~( / ".~T.A ~ A310 · BID BC~D · AIA @ · ~Lg~RY 1970 ED · T~E AME~XCAN INSTIT~]I~ OF ARCHITECT~; 1735 N.Y. A~E., N.W., %~SH]lfl~l~, D.C. 20006 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 21, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED David Hetterich, President Reel Mechanical Contractors, Inc 120 Keyland Ct Bohemia NY 11716 Dear Mr. Hetterich: The Southold Town Board, at its regular meeting of January 21, 2003, accepted the bid of C & S Build'rog Service Inc. for the supply and installation of a new mechanical system to service the Southold Town Hall. A certified copy of the resolution is enclosed. Als0, returned herewith is your bid bond. Thank you for submitting your bid. Very truly yours, Elizabeth A..Neville Southold Town Clerk EnclBsures AMERI N INSTITUTE OF A: HITECTS A1A Document A310 Bid Bond BOND NO: N/A KNOW ALL MEN BY THESE PRESENTS , that we REEL MECHANICAL CONTRACTORS, INC. 120 KEYLAND CT., BOHEMIA, NY 11716 as Principal, hereinafter called the Principal and RLI INSURANCE COMPANY 180 SUMMIT AVENUE, SUITE 205 a corporation duly organized under the la · Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Z Afficle Number (Copy from service I~ '7000 O6, eo oo~. ~,~,~;7 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 lain Signed and sealed this 24TH day of DECEMBER 19 2002 REEL MECHANICAL CONTRACTORS, INC. GLENN GLUBIAK (seal) (Seal) Attorney-l~-ract AIA DOCUMENT A310 * BID BOND AIA ~ * FEBRUARY 1970 ED .THE AMERICAN I N S T I T U T E O F-'A' RC H I T E CT S, 1735 N.Y., N.W., WASHINGTON, D.C. 20006 GREGORY F. YAKABOSKI TOWN ATTORNEY gr eg.yakaboski@town.southold.ny.us PATRICIA A. FINNEGAN ASSISTANT TOWN ATTORNEY patricia.finnegan@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Elizabeth A. Neville Town Clerk From: Date: Re: Gregory F. Yakaboski, Esq. Town Attorney February 10, 2003 C & S Building Services, Inc. Betty: Attached, for safekeeping in your files, is a fully executed duplicate original contract agreement dated February 10, 2003, between the Town of Southold and C & S Building Services, Inc. for the demolition and disposal of the existing boiler and related mechanical systems within the Town Hall and the supply and installation of three new boilers with circulators and piping. Thank you. Greg /md attachment cc: Jamie Richter, Town Engineering Inspector wi attachment Town Board w/o attachment ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 55 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 21, 2003: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of C & S Building Service~ Inc. in the amount of $27~900.00~ for the supply and installation of a new mechanical system to service the Southold Town Hall, all in accordance with the bid specifications and approval of the Town Attorney, and Town Engineer. Elizabeth A. Neville Southold Town Clerk RESOLUTION JANAURY 21, 2003 V-55 RESOLVED that the Town Board of the Town of Southold hereby agcepts the bid of C & S Building Service~ Inc. in the amount of $27~900.00~ for the supply and installation of a new mechanical system to service the Southold Town Hall, all in accordance with the bid specifications and approval of the Town Attorney, and Town Engineer. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southo]dtown.nor t hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Town Board Members Town Attorney Jamie Richter Lynda M. Bohn, Deputy Town Clerk December 26, 2002 Mechanical System Bid - Town Hall Attached please find the bids that were received today at the Mechanical system bid opening. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOP,}J~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD MECHANICAL SYSTEM BID 12/26/02 10:00 AM C & S Building Service Inc 85 Sheer Plaza Plalinview NY 11803 $27,900 Kolb Mechanical Corp 115 Sound Ave, P O Box 106 Mattituck NY 11952 $38,175 (Also submitted add'l options) Danisi EngeryColnc 3205Rt112 MedfordNY 11763 $38,250 East Coast Mechanical Services lnc 740 Sandra Ave West Islip NY 11795 $45,150 Carter-Melence, Inc P O Box 907 Sound Beach NY 11789 $63,638 Dominion Construction Cor[ 108 Allen Blvd Farmingdale NY 11735 $67,600. Cole Mechanical Corp 119 Lake Dr Mahopad, NY 10541 $105,000 Reel Mechanical Contractors Inc 120 Keyland Ct Bohemia NY 11716 $171,000 ~2224/~2' TUE 10:47 FAX 516 765 1366 Southold Town Accounting 007 PROPOSAL FORM NAME of BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: December 3, 2002, including bidding requirements, contract, general and special condRion$, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed aad agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN HALL MECHANICAL ROOM, 53095 Main Road, Southold, N.Y. 11971 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold. New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Per[ormance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Furnish & Install three (3) New Oil Fired Boilers THE CONTRACTOR SHALL FURNISH AND INSTALL NEW HOT WATER HEATING PLANT AND PROVIDE A COMPLETE NEW MECHANICAL SYSTEM WITHIN THE EXISTING BOILER ROOM. THE CONTRACTOR SHALL PROVIDE ALL DEMOLITION & DISPOSAL OF ALL ABANDONED EQUIPMENT & MATERIAL. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT A COMPLETE, FULLY FUNCTIONING MECHANICAL SYSTEM IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: a oo. (written in words) (written in numbers) Town Hall Mechanical System: D-1 12/24/02' TUE 10:48 FAX 616 766 1366 Southold To~,n Acc( [~008 PROPOSAL FORM - Cont. And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of for['y-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature ,/~// Ntjmber; Date: Bidders Address: Town Hall Mechanical System: D-2 ~2/24/02' TUE 10:48 FAX 516 765 1366 Southold Town Accounting STATEMI=NT OF NON-COLLURIt"JN (To be completed by each Bidder) In accordance with Se~tlon 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contaln the following statement subscribed to bythe bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. ,eL By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to Its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law. the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partJ~ershlp, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal cer~Jfies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in Its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing tile execution of this certitqcate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (Name of signatory) (Nam'~ of Corporat]on) authorized to si~n and submit the bid or proposal of this corporation for the following Project: Town Hall Mechanical System: Installation of a New Hot Water Heating Plant Southold Town Hall, 53095 Main Road, Southold, New York 11971 and to include in such bid or proposal the certificate as to nOn-collusion required by section one- hurtdred-three-¢l (103-d) of the Gei~eral Municipal Lsw as the act and deed cf such corporation, and for any inaccuracies or miss-statements ill such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing i:s true and correct copy of the resolution adopted by corporation at a meeting of the Board of Direc~:)rs, held on the day of. (SEAL OF THE ~-ORPORATION) Laws of New York, 1965 Ch. 75~, S~c. 103~. as amended & effect;~'e git September 1, 1965. Signature Town Hall Mechanical System: E-1 One PAY __. _ TO ].HE ORE =F OF DATE Thousand Five Hundred Dollars and ×x/1OO ~*****SOUTHOLD TOWN CLER~**** ] I , ~OO. O0 EXACTLY Pay Amount Above omy VOID IF ALTERED COUNTER S GNATURE REQUIRED, AUTHORIZED EIGNATURES ,10 ~ ~kO ?q ~ ~:,'h ~ ~h,,,O0 5 ? 5 %,, PROPOSAL FORM Date: NAME of BIDDER: Telephone: Po, F ox lC)C0 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: December 3, 2002, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN HALL MECHANICAL ROOM, 53095 Main Road, Southoid, N.Y. 11971 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Furnish & Install three (3) New Oil Fired Boilers THE CONTRACTOR SHALL FURNISH AND INSTALL NEW HOT WATER HEATING PLANT AND PROVIDE A COMPLETE NEW MECHANICAL SYSTEM WITHIN THE EXISTING BOILER ROOM. THE CONTRACTOR SHALL PROVIDE ALL DEMOLITION & DISPOSAL OF ALL ABANDONED EQUIPMENT & MATERIAL. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT A COMPLETE, FULLY FUNCTIONING MECHANICAL SYSTEM IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: '-i-h~rl"/~hc~-r~-T'~ot~sr~n¢ (")nc ~undrd:J '1~ ~'i~, ~-~5 O0 ~ (wri~en i~wor~ ~ ~ ~ ~ ~ ~ ~ ~ ~ (wriffen in numbers) Town Hall MechanJcal System: D-1 Kolb echanical Corp. Heating and Air Conditioning 11500 Sound Avenue RO. Box 106 Mattituck, NY 11952 631 298 5527 631 298 5534 Fax I'R4NE December 24, 2002 Project Name: Southold Town Hall 53095 Main Road Southold, N. Y. 11971 Project: Installation of a New Town Hall Mechanical System Option #1 - Inspect existing chimney to determine the condition of the chimney liner. If determined to be in unacceptable condition, install new chimney liner. Additional Investment: $2,500.00 Kolb echanical Corp. Heating and Air Conditioning 11500 Sound Avenue RO. Box 106 Mattituck, NY 11952 631 298 5527 631 298 5534 Fax 11MNE It~ Hcod To $~op A Thzn¢' December 24, 2002 Project Name: Southold Town Hall 53095 Main Road Southold, N. Y. 11971 Project: Installation of a New Town Hall Mechanical System Option #2 - Convert existing system from oil to natural gas using Weil McLain gas boiler. Remove existing 30 year old in ground oil tank and discard. Gas pipe from meter location to new boilers. Total Investment: $ 33,875.00 PROPOSAL FORM - Cont. And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a pedod of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time pedod. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: <DO I Dated: Signature of Bidder: Telephone Number: Date: 1'2.12(.o]02. Bidders Address: ~olb ~-c-hor~ 11500 ~o~ N1 H-,Jr cV,, Town Hall Mechanical System: D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed bysuch bidder as true under the penalties of perjury;, non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted In this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained In this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that An:::~rC_L~T..F-ohrl~olb of the ~/~otb ~/[~-c~')o.r-)tc..c3-J (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Town Hall Mechanical System: Installation of a New Hot Water Heating Plant Southold Town Hall, 53095 Main Road, Southold, New York 11971 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the dayof -D=c.~r'~ b~- ,2002-. (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. t03-<1, as amended & effective on September 1, 1965. Signature Town Hall Mechanical System: E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: Certifies that: 1. and, BIDDER'S CERTIFICATION (Bidder) It intends to use the following listed construction trades in the work under the contract As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non- state) in the afore-mentioned area subject to these Bid Conditions, these trades being: and, It will obtain from each of its subcontractors and submit to the contracting or administering agency 3rior to the award of any subcontractor under this contract the subcontractor ~,e~f ~ion re%ii, red by these Bid Conditions. p- (Sign~tur~ of AuthorizeU Representative of Bidder) Town Hall Mechanical System: F-1 PROPOSALFORM Date: I o~"/oq'~'.//0 ~'~ NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion er fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: December 3, 2002, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN HALL MECHANICAL ROOM, 53095 Main Road, Southold, N.Y. 11971 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Furnish & Install three (3) New Oil Fired Boilers THE CONTRACTOR SHALL FURNISH AND INSTALL NEW HOT WATER HEATING PLANT AND PROVIDE A COMPLETE NEW MECHANICAL SYSTEM WITHIN THE EXISTING BOILER ROOM. THE CONTRACTOR SHALL PROVIDE ALL DEMOLITION & DISPOSAL OF ALL ABANDONED EQUIPMENT & MATERIAL. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT A COMPLETE, FULLY FUNCTIONING MECHANICAL SYSTEM IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED ~LUMP SUM" OF: (writ~n i~ words) (written ~n numbers) Town Hall Mechanical System: D-1 PROPOSAL FORM. Cont. And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of fody-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature ~ Bidders of Bidder: Address: Telephone Number: Date: Town Hall Mechanical System: D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as tree under the penalties of perjury;, non-collusive bidding certification. A. Bysubmission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2} Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION ResolvedthatC.~['l-~ ~t.~/O ofthe ~)t°FP~t$; ~r~e-'r~ "' be (Name of signatory) (NMme of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Town Hall Mechanical System: Installation of a New Hot Water Heating Plant Southold Town Hall, 53095 Main Road, Southold, New York 11971 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. day of ~ - Signature ,2O Town Hall Mechanical System: E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract and, and/or, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: L. rer -- and, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non- state) in the afore-mentioned area subject to these Bid Conditions, these trades being: It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcoj3trcK:tor.certification required by these Bid Conditions. thorized Representative of Bidder) Town Hall Mechanical System: F-1 (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: Signature: SURE~i~'Y COMPANY (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said (~dder's Name) / the ~[D tjX---/~? ~-'~J ~-.~_.crq ~(--~/J (~1:3.5owill execute (Surety Compahy) the Surety Bonds as herein-before provided. Signed: Date: Authorized Official, Agent or Attorney IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Town Hall Mechanical System: H-1 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS that (Contractor) and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: for (dollars) (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: or supplements thereto. ,20 and any admittance IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its hereto affixed and duly attested by and its corporate seal to be its this day of ,20 __ Attest: Principal: Town Hall Mechanical System: I-1 DAI~FUEL CO. INC. 3206 ROUTE 112 MEDFORD, N,Y. 11763 50-546/214 12784 CONSTRUCTION SPECIFICATIONS TOWN HALL BOILER ROOM SECTION 100General Conditions: 1.01 Work covered in contract documents shall include but not be limited to: A. The work in this project includes the demolition of the existing Town Hall Boiler & related facilities. This will include the disconnection of piping, valves, circulators, insulation, wiring & electrical controls. All HVAC piping within the Boiler room shall be cut and capped and removed. All pipe end sections to remain shall be as required for re- connection by the contractor to serve the existing Town Hall. Demolition shall also include the removal of existing gypsum ceiling and all pipe hangers. The disposal of all debris generated by this demolition work shall be the responsibility of the Contractor. B. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred there from. The Contractor shall also reinstall the electric light fixtures. C. This contract includes all site work necessary for the completion of work. This shall include the removal and replacement of the existing fire rated gypsum ceiling & fire stopping at all penetrations. 1.02 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if written fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. 1. Applicable codes or ordinances of local governing agencies. 2. National Fire Protection Association (NFPA) 3. New York Building, Plumbing, Mechanical & Fuel Gas Codes. 1.03 Barriers, barricades & other protective means shall be provided by the Contractor around all areas of work during construction. Barricades shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. 1.04 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate substitutions into the work. This shall including additional engineering, certification or testing. No claims for additional cost related to substitutions will be allowed and all substitutions shall be subject to the following: A. For products specified by naming only one product or manufacturer, or with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect if such a product is available. B. Substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. C. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. D. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects & waives all claims for additional costs. E. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. SECTION 300 Concrete: 3.01 The contractor shall provide a new concrete pad to support the new Boilers. This pad shall serve as foundation for the new Boilers and shall be a minimum of six (6") inches thick and be placed on top of the existing foundation pad. 3.02 Concrete shall have a compressive strength of 3,000 PSI @ 28 days and shall be shaped to accommodate the size of the new boiler installation. If the Contractor can adequately demonstrate that the existing pad is adequate and with approval of the Town, this item can be omitted from the contract. SECTION 1500 Mechanical: Hot Water Heating Plant 15.01 The Contractor shall provide a complete working plumbing system to serve the construction as indicated by these specifications. The systems shall be constructed in accordance with the requirements of the New York State Building, Plumbing, Mechanical & Fuel Gas Codes. 15.02 CONTRACTOR SHALL FURNISH AND INSTALL, WHERE INDICATED, A NEW HOT WATER HEATING PLANT IN ACCORDANCE WITH ALL MANUFACTURER'S INSTRUCTIONS AND IN COMPLIANCE WITH NFPA & ALL RULES & REGULATIONS CONTAINED IN THE NEW YORK STATE BUILDING, PLUMBING, MECHANICAL & FUEL GAS CODE. 15.03 Water Heating Plant shall be I=B--R approved as well as possess an MEA number for automatic operation with # 2 fuel oil. Heating Plant shall be a series of three (3) Model OR-330(A) operating in parallel. 15.04 Each module shall be completely factory-assembled to include one-piece fibre-ceramic combustion chamber, base assembly with front observation port, absorption unit, hi-limit aquastat and wiring. Manufacturer shall provide an ASME pressure relief valve with a capacity required for the module's gross output, a temperature/pressure indicator, a drain valve, and a fuel burner (double-swing barometric draft control for each module provided by contractor). 15.05 Each module's cast iron absorption unit construction shall be of horizontal section design to provide serpentine water flow through base, intermediate and top sections, with maximum heat transfer from deep-ribbed iron surfaces, assembled with one cast iron push nipple between sections. Units with vertical sections and multiple push nipples between sections are not acceptable. Cope seal shall be employed between sections to provide permanent gas-tight seal between sections. Sections shall be held together with draw rods. Flue collector shall be of same quality cast iron as absorption unit. Absorption unit shall be held to aluminized-steel base assembly by steel clips and bolts. Fibre rope seal shall be provided between absorption unit and base assembly. 15.06 Each burner shall be UL-approved, fuel ~2 oil burner with safety controls for both fuels to lock out burner in the event of flame failure. Burner shall be equipped with a single-stage fuel pump, set for two-pipe operation having a maximum operating pressure of 125 psi, and with an oil solenoid valve, normally closed, with 300 psi maximum operating pressure. 15.07 AIl boiler controls shall be tekmar 254 for increased thermal efficiency and longevity of the heating plant. Heating plant control system may be provided by an approved wiring diagram and shall supply night setback capability of system in conjunction with a tekmar indoor sensor. All auto- changeover panels shall be engaged by a single Heat-Timer COC controller. 15.08 Contractor shall provide an Engineering drawing of the Heating Plant installation "As Built" including piping, wiring and controls. Product to be delivered upon approval of installation. Upon completion of installation, the Contractor shall be responsible for a thorough cleaning of the entire chimney. When cleaning is complete, the heating plant shall be started and operationally tested in the presence of a representative of the Heating Plant Manufacturer and the Town Architect. 15.09 The new boilers shall be installed to allow for independent operation of each boiler. The new installation shall also be modified to isolate the chiller from Hot Water Flow and the New Boilers from Chilled Water during summer months. 15.10 All new HVAC Piping within the Boiler Room shall be copper. Size of pipe shall be as indicated by drawing but in no case shall it be less than required by code or manufacturers specifications. The location of all pipe installed within the room shall be such that it provides easy access to all fittings, circulators, valves & devices while not restricting access to the Boilers or Exterior Door. The table contained herein contains a list of materials required for this project. It has been provided for reference only and may not contain items necessary for a complete project. The contractor shall be responsible for all items required for construction not specifically referenced here. ITEM NO. ou,~,mvv DESCRIPTION NET EACH EX'r, COST B-1,2,3 3 HydroTherm OR-330A #2 OIL-FIRED 3 Dry BASECAST IRON HOT WATER BOILER CAP 3 990 MBH INPUT / 811 MBH GROSS OUTPUT BURNER 3 FLAME RETENTION FORCED DRAFT OIL BURNER FLUE 3 CAST IRON 8" ROUND SMOKE HOOD CONNECTION JKTS 3 INSULATED JACKETS FACTORY INSTALLEE REL VA 3 30 PSI ASME RELIEF VALVE BCP 3 TACO 0012 CIRCULATOR w/flanges F CH K 3 TACO FLO-CHEK #221 1.25" NPT UNIV. POST PURGE 3 POST PURGE RAIL MOUNTED REL4 YS FOR BOILER POST PURGE FF.4 77JRE I LOW WATER CUTOFF LWCO HI-LIM I L4006E MANUAL RESET HI-LIMIT AQUASTAT FRT I ~REIGHT TO YOUR WAREHOUSE HWP-I,-2 2 TACO KY-2009 VERTICAL IN LINE PUMPS 2 3HP/1750 / 100V / 3PH/60 Hz 2 OPEN DRIP PROOF MOTORS 2 2" x 2" 125 PSI FLANGED CONNECTIONS 2 STgpm VS 60fl TDH 2 CUSTOMIZED BRONZE IMPELLER 2 PRESSURE GAUGE TAPPINGS (~ VOLUTE FLANGES 2 BRONZE WEAR RINGS F CHK 2 TACO FLO-CHEK #123 2" NPT UNIV. Suction side 2 MODEL 3S 30B YU1 WITH ACCESSORIES iso and stainer 2 2" SWEAT X 2" NPT CONNECTIONS AS-i I TACO MODEL 435-5 2.5" AIR SCOOP AVAS~I I T4CO#426-2 Hyvent (~ AIR SCOOP TAPPING PRV-1 1 TACO PRESSURE REDUCING VALVE I MODEL 3350 - T1 I/2" SWEAT CONNECTIONS Chill Water I GRISWOLD UNIMIZER 2-WAYMOTORIZED Control Valve I~4LL VALVE WITH NEPTRONICS ON/OFF ACTUATOR 90SEC CLOSE 1-1/4" WITH 1-1/4" BALL 3 UR D4$B I T BLR CONTROL ] HYDRO TEK BOll-ER STAGING CONTROL WITH OUTDOOR RESET, STAGING, AND ROTATION FOR EVEN BOILER CYCLE WITH INDOOR SENSOR COC I HEAT TIMER COC CHANGE OVER CONTROL FOR SUMMER/WINTER CHANGEOVER WITH PROGRAMMABLE DEADBAND AND TEMPERATURE DIFFERENTIAL I wiring/piping/site I WIRING/CONtROL SEQUENCE/PIPING DIAGRAMS PROPOSAL FORM Date: NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: December 3, 2002, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN HALL MECHANICAL ROOM, 53095 Main Road, Southold, N.Y. 11971 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Furnish & install three (3) New Oil Fired Boilers THE CONTRACTOR SHALL FURNISH AND INSTALL NEW HOT WATER HEATING PLANT AND PROVIDE A COMPLETE NEW MECHANICAL SYSTEM WITHIN THE EXISTING BOILER ROOM. THE CONTRACTOR SHALL PROVIDE ALL DEMOLITION & DISPOSAL OF ALL ABANDONED EQUIPMENT & MATERIAL. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT A COMPLETE, FULLY FUNCTIONING MECHANICAL SYSTEM IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP S~JM" OF: O (written i, words) /~.¢/"~ .~&..~.~¢.<~. (written in numbers) Town Hall Mechanical System: D-1 PROPOSAL FORM - Cont. And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be retumed to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Telephone Number: Date: Bidders Address: 7,,~ ~r~..~ /~. Town Hall Mechanical System: D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that /J~/LC~,,~ ~j'~/F4.z--¢_..~. of the (Name of signatocJ) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Town Hall Mechanical System: Installation of a New Hot Water Heating Plant Southold Town Hall, 53095 Main Road, Southold, New York 11971 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three<1 (103<1) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Town Hall Mechanical System: E-1 NEW Y~)RK STATE AFFIRMATIVE ACTION CI=RTIFICATII3N (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. and, It intends to use the following listed construction trades in the work under the contract and/or, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non- state) in the afore-mentioned area subject to these Bid Conditions, these trades being: and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signatur~of Authorized Representative of Bidder) Town Hall Mechanical System: F-1 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE I through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. Town Hall Mechanical System: ~. G-1 CERTIFICATE OF LIABILITY INSURANCE J lO/25/Ol 1856 iCook, Hall & Hyde Inc. 1211 Stewart Ave. , ]~ethpage, NY 11714 iSast Coast Mechanical Services, Inc. 740 Sandra Avenue iWest Islip, NY 11795 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ,NSU,E,^ Blue Ridge Insurance Company .... ,,SURE, 8 CONTRACTORS COMPENSATION TRUST INSURER C THE POLiCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDIT!ON OF ANY CONTRACT OR OTHER DOC )MENT 'A'I?H RESPF. CT TO Wt-f!CH THIG C[iF:TIFIGATE MAY ~E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. A i~"E"A~AmU~ CC005711 09/16/01 09/16/02 E^CHOCCURR~CE _..$1,_0_00,000 ~LAIMSMADE r Xi ~cu..EOEXR(~¥~) $5~ 000 :GEN'LAGGREGATELIMffAFPLIESPER: * i L BA007665 ANY AUTO ! Xl RE~NT,ON $10000 ' EMPLOYERS~ EAB#.iTY ;O~ER A I EXCESS LIABILITY iCU001519 09/16/01 09/16/02 09/16/01 !09/16/02 01/01/01 01/01/02 AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC ~ AUTO ONLY A~ $ s4,000,000 .$4,000,000 $ $ $ Town of Babylon, and their agents and NYS Urban Development Corp. D/B/A Empire Development Corp. are included as additional insureds as respects to general liability. CERTIFICATE HOLDER Town of Babylon 200 East Sunrise Highway Lindenhurst, NY 11757 ~S37475/M37474 ACORD25-S(7/97) l of 2 CANCELLATION ; ACORO CORI~ORATION 1~8 .2 .3 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): f. Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE t2 through ARTICLE 14 No Changes END OF SECTION: Town Hall Mechanical System: G-2 (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) ~'".~.~z~.~f'~',~'~-L ~;;;~Z3~pj' ,~ ~~.~, ~--C>. will execute (Surety Company) the Surety Bonds as herein-before provided. Signed: Date: Authorized Official, Agent or Attorney IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED, Town Hall Mechanical System: H-1 THE !RICAN INSTITUTE OF iHITECTS AIA Document A3'/0 Bid Bond BOND#30977 'KNOW' ALL MEN BY THESE PRESENTS, thatwe EAST COAST MECHANICAL SERViCES,INC. as Principal, hereinafter called the Principal, and · NOVA CASUALTY COMPANY a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto THE VILLAGE OF SOUTHOLD .. as Ob]igee, hereinafter called the Obligee, in the sum of 5% OF BID AMOUNT Dollars ($ ), for the payment of which sum well and truly to be made, the said ?rincipal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WH ERE^S, the Principal has submitted a bid for BOILER REPLACEMENT AT T%{E SOUTHOLD TOWNHALL. NOW, THEREFORE, if the Obllsee shall accept the bid of the Principal and the Principal shall enter Int6.~p/~tract with the Obligee in accordance with the terms of such bid, and BIve such bond or bonds as may be specified in the-bi'dj:lin8 or Contract OocumenL~ with good and sufficient surety for the faithful performance of such Contract and for. the ~rompt payment of labor and material furnished in the prosecution thereof, or in the event o! the failure of the Prlncil~al to enter. such Contract and give such bond or bonds, if the Principal shall pay to the Obftg~e the difference not to exceed 'the penalty hereof between the amount specified in said bid and such larger amount (or which the Oblisee may in good faith contract with another par~y to perform th% Work covered by said bid,' then this obligation shall be null and void, otl'mrwlse to rem,~in in full force and effect· Signed and sealed this 23rd day of DECEMBER 2002 (Witness) (Witness) lAST COAST MECHANICAL SERVICESrINC. ova d ATT~/E (Title) ~SUALTY COMPANY cL~RK~/(~de' A~u~Y- I, N-FACT (Seal) AIA OOCUMIEHTA310* BIO BOND.^IA~, rEBRL/ARY 1970 ED · THE AMERICAN IF~STITUTE OF ARCHITECTS, 1735 N,Y. AVE., H.W., V~'ASHINGTOi~, D.C. 20006 ST, AT~ OF NEW YORK cOUNTY oF: ~<~OWLEDGEME~NTS FOR I~ BO.ND (Acknowledgment by Principal, unless It be e Corporation) ) . ) On-thl~ . . day. of, , before m~ pe~onally came. , to me known and known to me to be the person(s) descdl~ In and who executed the foregoing instmme~{ ~;,nd acknowledged that he / she executed the same. Notan/Pubfic STATE OF NEW YORk COUNTY OF On this ay of. depose and say that he / she resides in STATE OF NEW YORK ) COUNTY OF NASSAU ) (Acknowledgment by Principal, E a Corporation~ ) ) . before me pemonally came , to me known, who, being by me duly sworn, di, the corporation described in and which executed the forego!ag Instrument; thai he / ~ knows the seal of sa corporation; that the seat affixed to sa~d Instrument Is such coq~orate sea]; that ~t w-as so afro<ed by order of ~he Board D{rectom.of said corporatk)n and ~ he / she signed t)%eir na~ne, thereto by like o~er. (Acknol~edg~.t I~, ,?~rety Company) LINDA J. COOPER . Notary Public, State of New York No, 4822563, Suffelk, Ceunty T~rn~ Expires December ~ ~ .~.-~E. ZG Onthls 23rd dayof. DECEMBER 2002 .,b~foramepersor~al[ycar~e MATTHEW CLARKE . to ~ ~ ~. ~ ~ du~ ~m. did de~ / a~ ~y that he / s~ res~es in MANHATTAN / that he/She ~lhe ATTY-IN-FACT / / of~e NOVA CASUALTY COMPANY ~ t~ co,ration descried tn 9nd whi~ executed the foregoing [~[ that he / she kno~ the seal o{ s; ~Uon: that the sea afl xed to ~ ~st~nt ~ su~ ~ ~a[; t~t it ~ ~ a~x~ by the o~e~ o~ the 8o; of D~m~om o[ s~[d ~mtion. and that he / s~ sign~ t~ame t~to ~e orde~ a~ t~t t~ [i~[l[ties of ~ ~m~ny ~ not exceed its a~e[s as a~lned in t~ ~n~~y~m~ of the StEte of New Yom.   Notaw Public THEO~RE A. TRITARIS Nom~ P~I~, State of N~ Yom -~o. 30~71~51 ~lifi~ in Nassau Coun~ NOVA CASUALTY COMPANY (716) 856-3722 State of New York, havih~ its ~fifi~i~al offices in the Ci~ of B0ffalo~ ~6~'Y6~k, does make, ~SnstitOt~'ana ~fi~ifit *~*~TTHEW CL~ ~e ~ la~l ~.b~(s)_in.faCl;:~O ~ ~e~t~ ~i ~na deliver fa~ ~a:~ ~ b~ha~i ~s:~a¥~, and as its act~ 8~d~ady ~n~:;~l! bonds, und~nakidgs ~0 ~ntrac~ ~ Sbre~ship ~ov~d ~i ~6 ~d O~ Uddenaking or ***NOT TO EXCEED This Power of A~orney is granted and is signed and ~aled by facsimile under and lowing Resolution adopted by the Board of Directors of NOVA CASUAL~ COMPANY held on the 18th day October. 1993: .... :;:;:;;;;; ;;;~ ;;;~; ;~: :;:; :::~ "RE~'(:-, E:; :t'.~l :' :~ ~"..[, ::crt. ,r'..J V c~ r,.;,s,jc..l :re ~cre~ o~:~[~uret; ~g I~j~ ~:~;se, be and ~eY ~e~ authodzatio. [o ~mt by a Po~r el A~om~ for the pu~s ~ly of executi~ and a~h~ ~a~ Ohd~kin~, a~ other wfi~fi~ obligat0~ of, one or ~re resident vice-presidenB, assistant secm~des and a~omey(s)-in-fa~, each ~int~ to have the ~em and duties usual to such offices to the busings of this ~m~ny: ~e sig~ture of such offi~m and seal of ~e ~mpany may be affix~ to ~y such ~wer ~ Aaornoy or D a~ ~ifi~te relating ther~ by fa~imfle, any S~ ~r of A~0~y or ~flca~ beating s~ a~imi e signatures o[ fa~ m e s~ sha be ~ d and ~ ng u~ ~e ~m~ny and any s~ ~wer ~ ex~ W~li~t~ ifi~be:~t~re ~,~f:e which it is ~c~ :~ s~ ;~p~?t~d~ m~ ~ i~ked, for ~ ::., ,. ",;~,a <.;, .,,::. :b;m; .:' ,,,: ~: :/I.'..,rs. a,~'; Ume." NOVA ~AS~A~ COMPANY ha~ caused these 0re~is ~b ~ Si0n~d by its officer abder~ig~8 a~d i{~ ~6~rate seal to b~ 6er&t6::affi~:d~i~ A~ted by its Sebfbta~, ~i~ 2~ d~ Obtober, 1993. Attest: NOVA CASUALTY COMPANY : .';:: :~:m:.2! ~i::~a:~ °~: 0atober, 199gi b~!0m ~:~r~Al~:~me Norman F. E~:, by me daiy s~; d]~ de~:~d say: that he ~e~de~ih ~e :~h~:bf;:E~e, ~ate of NeW YeA; ~t;~:l~:{h~e:P~iaent of NOVA CASUALTY cOMpANY, the corporation desc~bed in and whiCh ex~uted the above instrument; that he knOws the seal of the said co~oration; that the seal affixed to said instrument is such co.orate seal; that it was so affixed by order of the Board of Directom o~; sa~ co.ration and that he sig~ed his Rame:there~ by like order. COUNTY OF EhiE ~ '( ~' ~: ~: ', .... ~ ~ / ~ / Aamleen A. uounney ~o~ Noa~ Public, Erie Co., NY MY CO~ ss qO Expir~ du!y ~5: ~994 i; t~ UA~e~ig~ dGly ele~ed tb;;the 0ff~ ~ta~ed :~l°W n0~ the ncum~en~ ~: N~VA bASbAL~:~OMPANY, a Nbw Yo~k Co~6rat~bd;:AUthorized to make this ~ific~; DO HEREBY CERTI~ that thb :f°m 6iA: Afl,chad Power of A~orney remains in full f°me and has not been revoked; and fudhe~ore that the Resolution ~ th~gBoard of Directors, set leah in the Power of AEorney is now in force. Signed ~a ~ea ~a ~{ ~ b ~;bt:~6ffa o Dated t~ ; %~*~ H. Christopher Hoover, Treasurer This power is valid only if the power of a~orney number printed in the upper right hand corner appears in red. Phot~opies, carbon copies or other reproductions are not binding on the company, inquiries concerning this power of a~orney may be directed to the Bond Manager at the Home Office of the Nova CasualN Company. N- VA NOVA CASUALTY COh4PANY sTA~EMENT OF FINANCIAl CONDITION 180 Oak Street Buffalo, New York 14203-1610 I certity that the following olficer~ have been elected by the Board of Directors of NOVA Casualty Company and sUII remain In office:· NORMAN F. ERNST, JR ............................................................ ;., CHAIRMAN '- HARSHA ACHAR~A ................................................................. PRESIDENT CHRISTOPHER C. 'HOOVER ............................... ; ....... VICE PRESIOENT. TREASURER EUGENE WAHLSTROM ........... : ..................... .. ........ ................ VICE PRESIDENT WILLIAM D, SHELDON .......................................................... VICE PRESIDENT ROSEMARY BRAV~"i I ~ ................................ VICE PRESIDENT, ASSISTANT SECRETARY JOSEPH P, BEITZ .............................................................. VICE PRESIDENT VICTOR EHRE ..................................................... ASSISTANT ViCE PRESIDENT WILLIAM McKENNY .......... ; ...................................... ASSISTANT VICE PRESIDENT ROBERT L. FRAILTY ................................................ ASSISTANT VICE PRESIDENT PATRIClA A. NOLAN ................................... ASSISTANT VICE PRESIDENT, SECRETARY STUART CAPERS .................................................. ASSISTANT VICE PRESIDENT I fudher certify that the following statement o! the Company IS true as taken from the records ol said Company as of December 31, 2001. LIABILITIES AND POLICYHOLDERS SURPLUS Liabilities: Losses .................................... $ 15.314,276 'Lose Adjustment Expenses ................... 1 ,O80.788 Unearned Premiums ......................... 10,910.564 Taxes, Licenses and Fees .................... 235.22~t Federal Income Tames ....................... 357,000 Ceded Reinsurance Premiums ................ 6,632.698 Other Llebilltles ............................. (~,~q_4.3.) $ 34.081,607 Policyholders Surplus ........................ $10,515,265 Total Liab'ht'ee and Policyholders Surplus ...... $ 44,595,872 ASSETS Cash end In~ested Assets: Cash ...................................... S (871.417) Bonds ...................................... 2t ,594,028 Prelerred Stocks ............................. 272;687 · Common Stocks ............................. 1.277,493 Short Term Investments ............... I ....... 9.993.367 Interest & Dividends Due end Accrued .......... 361,998 · $ 32,62~,,156 5,647,703 4,445,204 491,509 141,399 16.975 44.596,372 Other Assets: Premiums and Agents Balances, Net .......... Receivables from Parent ...................... Reinsurance Recoverable .................... OIher Assets ................................ Guaranty Funds Receivable ................... Equipment, Net .............................. Total Admitted Assets ....................... STATE OF NEW YORK · ~ SS: COUNTY OF ERIE I, Particle A. Nolan, Secrete,7 of NOVA Casualty Company, a New York Corporation, do hereby certify that the Ioregolng Is a full, true and correct copy o! the Balance Sheet of said Corporation as of December 31. 2001. In witness whereol. I have hereunto set my hand and affixed the seal of said Corporation at Buffalo, NY this 25th day of Februar'/. 2002, COUNTY OF ERIE SUbscribed and Sworn {o ~lore me o~ lh;s 25t~ day of Febma~, 2~2 · Secretary PROPOSALFORM Date: z2/26/o2 NAME of BIDDER: Carter-Melence, Inc. P.O. Box 907 Sound Beach, NY 11789 Telephone: (631) 744-0127 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named 'below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of th~ profit thereof; that he has carefully examined the contract documents dated: December 3, 2002, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he ' proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN HALL MECHANICAL ROOM, 53095 Main Road, Southold, N.Y. 11971 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Depadment, Soul. hold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Furnish & Install three (3) New Oil Fired Boilers THE CONTRACTOR SHALL FURNISH AND INSTALL NEW HOT WATER HEATING PLANT AND PROVIDE A COMPLETE NEW MECHANICAL SYSTEM WITHIN THE EXISTING BOILER ROOM. THE CONTRACTOR SHALL PROVIDE ALL DEMOLITION & DISPOSAL OF ALL ABANDONED EQUIPMENT & MATERIAL. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT A COMPLETE, FULLY FUNCTIONING MECHANICAL SYSTEM IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: Sixty Three Thousand Six Hundred Thirty Eight Dollars $63,638.00 (written in words) (written in numbers) Town Hall Mechanical System: D-1 PROPOSALFORM- Cont. And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the cedified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of fody-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: I Dated: 12/13/02 Signature of Bidder: Telephone Number: nald J.~'Ha~lon esident ~1 ) 7A/,-m 27 Bidders Address: Carter-Melence, Inc. P.O. Box 907 Sound Beach, NY 11789 Date: 12/26/02 This proposal does not include for the removal or disposal of any hazardous materials (i.e. asbestos, lead) should they be encountered. Town Hall Mechanical System: D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section t03-d General Municipal Law, effective September 1, J966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to · fore district or any agency or official thereof for work or services performed or to be performed or goods eold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to Its own organization, under penalty of perJury, that to the best of knowledge and belief: (1) The prices In this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted In this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to Induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained In this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing In its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that Donald J. O'Hanlon ofthe Carter-Melence, Inc. (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Town Hall Mechanical System: Installation of a New Hot Water Heating Plant Southold Town Hall, 53095 Main Road, Southold, New York 11971 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d ('103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the 26th day of December ,20 02 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. t03-d, as amended & effective on September l, ~965. Signature Carmel 0'Hanlon, Secre'cary ToWn Hall Mechanical System: NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Carter-Melence, Inc. (Bidder) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract trades as required and, 2. and/or, B. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: as required As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non- state) in the afore-mentioned area subject to these Bid Conditions, these trades being: as required and, 3. it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Sigh~ture of ~uthorized Representative of Bidder) Donald J.O'Hanlon, President Town Hall Mechanical System: F-1 16:35 FAX 5] 47 BERGASSI (.~ROU P THE AMERICAN INSTITUTE OF ARCHITECTS AIA DoCument A310 Bid Bond 10,I Mew York Avenue, Sound Beach, Mew York 11789 as P:in~ipal,hereinafter called the ~incipal and Intern~tJonol Fidelity Insurance Company Om: 19e~ark center, Newark, New Jersey 0710:~ a oorporation duly organized under the laws of the State. of New ~Tersey a~ Surety, h~ c~ll~d the ~urety, are held and fi~ly b~ar~ unto Town o~ SouthoM 53095 Main Road, Southold. New York 11971 (.eR i.~ert fatl ,am,: a~ a4~ress or teqa~ tltl. of O. ner) as Ob[igee, he~einaf-ter ~3.1ed the Obl£~3ee, in the ma~ of *5%of theamount of thebid* ~or. the ~n~snt of which s~ ~11 and truly to be made, the r~id Prin~i~] and the said ~reL~ ~nd OLtrselves, our heirs, executors, adaliRi~a~, suo~essors a]ld assigns, jointly and s~erally, iirmly b~ ~ presents. h~r~ t~n,' Installation of a Nlzw Town H~I! Mechanica~ System ~'~AS¢ ~ ~:~irlOi~L~ ~ Sll~m~te~ a (~le~e ~-~.se~t full n~ae. address and description of peeJect) §~095 Main Ro~d, Southold. New York 26th day of be~ember J -- ~" ' (witness) Date: 12/26/02 I~(7211~ENl' A310 · B~D BCI~)"'e ~ %1 · FI~RIIRRY 1970 I~D · 'z3~l~ ~Z~RICA~ 1/~,'x'£'£~1'~ OF A.~LTTt~'~t 1735 N.Y. AV~., N.W., ~]ASHIN~TC~, D.C. 20006 Ca er-Melence I c._ 12/23,~2002 16:35 FAX 5: 47 BER~ASSI GROUP {)03 ACKNOWLEDGMENT OF PRINCIPAL, If A CORPORATION STATE OF New York ) SS: COUNTY OF Suffolk ) On the 26th day of December in the. year 2002, before me personally canle Donald J'~ 0'Hanlon to me known, who, being by me dully sworn, did depose and say that he/she resides at Sound Beach, NY , that he/she is the President O[ Cartar-Melence. Inc. the corporation described in' and which executed the above instrument; and that he/abe signed hisZb~r name thereto by order of the board of directors of said corporation. NOT,~RY P~LIC OR COM~1i~$rONER OF DEEDS MARY C. MICHNE Notary Public, State of New York No. 4978717 Qualified in Suffolk County Commission Expires March 11, ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK ) ) SS: COUNTY OFWESTCHESTER ) On the 26th day of December in the year 2002, before me personally came Denls~ to me known, who, being by me dully sworn, did depose and say that he/she resides at Seiners. NewYork, that he/she is the Attorney-in-Fact of International Fidelity Insurance Company the co~ instrument; and that he/she signe~ directors of said corporation. <:~ ! NOTAR5 0.oration described in and whiqb-executed the above ~li'~e th~-~ the board of I~0BLtC OR COMMISSIONER OF DEEDS 16:.36 FAX 5~47 BERGASSI GROUP INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER,.20TM FLOOR, NEWARK, NEW JERSEY 07102-5207 STATEMENT OF ASSETS~ LIABILITIES, SURPLUS AND OTHER FUNDS AT DECEMBER 3I, 2001 064 Bonds (Amomzed Value) ............................ $32,295,517 Preferred Stocks ......................................... 2,356.830 Common Stocks (Market V. alum) .............................. $,852,~,09 Mortgage Loans on Real Estate ............................ 1.599,910 Real Estate .......................................... 92,000 Cash & Rank Deposits ................................... 9,663,951 Short Term Investments ..................................... 2,834,406 Unpaid Premiums & Assumed Igalanees ......................... 1,523,612 Reinsurance Recoverable on Loss Payments ....................... 2,771,329 Electronic Data Processing Equipmeut ........................... 240,583 Interest & Dividends Duc and Accrued ......................... 564,642 Federal & Furcign Income Tax Recoverable ...................... 500,000 Funds Held in .Escrow Accounts ............................... 11,531,107 Collateral Funds Held Under Contract .......................... (1 I',551.107) Other Assets ........................................... 339,351 TOTAL ASSETS, 60,594.54J. L1ABILITIES~, SURPLUS & OTHER FUNDS Losses (Reportecl Losses Net ss (o Reinsurance Ceded and lnourred But Not Reported Los.nos) ............................. $$,841,585 Loss Adjustment Expemes .................................. 3 g50,232 Contingent Commissions & Other Similar Charges ................ 910,812 Other Expenses ('Excluding Taxes, Licenses and Fees) ................ 257,311 Taxes, Licenses & Fees (Excluding Federal InCome Tax) ............ 372,469 Federal & Foreign Income Taxes ............................. 12.000 Unearned Premituns ...................................... 9,435.874 Cacled Reinsurance Premiums Payable .......................... 1,99~.615 Funds Held by Coml~aoy Und~ ReinSurance Tr;a~ics ................ 304,4.33 Amounts Witl~eld by Comp~.qy for Account of Others ................ 191.841 Liability for U~.uthori~ed Reinsurance ........................ 672,484 Payable for Securities .................................... 127,912 Other Liabilities ........................................ 3.0~'~ TOTAL LIABILITIES .......................... 26.970.64~3 Common Capital Sto~k ..................................... $1 Oross Paid-in & Comxibuted Surplus ............................ ~74,600 Unassigned Funds (Sarplus) .................................. 31 740 298 Surplus as Regards Policyholdrrs ................... 33~614~8911 TOTAL LIAII, ILITIF..,S, SUR.PLUS & OTHER PUNDS . _ . _~.594.541 I, Franciz L, Mitt*rhoff, ~tdent of INTERNATIONAL FIDELITY INSURANCE COMPANY, ce~i~ I:hat the foregoing is a ' fair statalllelat of Assets, Liabtlitlcs, Surplus and Other l;unds of fi, is Company, at/he close of business, December 31, 2001, us reflected by its books and re~ords and ~s reported in its statement on file with the InSurance Department of the State of New Jersey, llq' TESTIMONY WFIF..REOF I have set my hand and affixed the .noel of the Company, this 25/h day of Pebruary. 2002. INTERNATIONAL FIDELITY INSURANCE COM~'ANY President BERGA$S I GROUP 005 POWER OF ATTORNEY INTERNATIONAl, FIDELITY INsuRANcE COMPANY HOME OFFICP~: ONB NI!iWARK CENTER, 20TH FLOOR ~W~K. ~W ~RSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITs ~KNOW ALL MEN BY THESE PRESENTS; Th~ IN'TER24ATIONA~ FIDELI'I~ INSURANCE COMiaANY, a corporation org~uJ~d law~ el ~ S~ Of N~W ~y, and h~ng i~ p~pd offi~ i~ ~e ~ of N~w~k, New Ie~y, do~a he.by =o~m~ ~d · B~ j. B/ROA~I, DE~ISE ~E~I~, GEORG~ D' New ~helle, t~ mm ~ ~L. ~tto~e~i*bin-fa~ to exe~e seal ~ deriver fo~ a~d on iu b~h~ ~ su~ ~y ~d ~1 hoods aad uude~gs, c~mmcu of iud~ ~* ~fioa of su~ i~tmment(s) i~ put~nnee of ~eac pte~ea~, ~h~l,~ ~ bin~ag u~a ~e a~d ~ATI~NAL ~l~ pdnclgal duly ~l~a ~d held on the 29~ day of Ap~l. 1982 o[ w~ch the follo~ng b a ~e cxce~u IN TESTIiMONY WH'I/KI/OF, INTERNATIONAL FIDELITY INSURANCE COMPANY hu caused ~ i~rcameot to be rigoed :*ad it~ corporate se~l to be affixed b? ~1.* ~llhorized officer. ~ ~ log d~y of August, A,D, 1995, CountySTATE of OFF~s~xN'I~V/I/RSE¥ ~INTERNATIONAL FIDEL~CE~COblE&NY ~d i0~m h ~e Co,rate Seal of s~ Co~an~ ~a~ ~e a~d Co~r~ Se~ ~d ~ ~i~&mre we~ duly ~ed by ~der of ~e ~ of Dz~s of ~d Co.any. , PUBLIC IN T~..STIMONY WI-IF~J~OF. I have hereunto oct my hand affixed my ~fieiat ~. A NOT~Y PU~IC OF ~ ~RSEY 1. ~e u~dm~ue&~.~t~AT!ONAL ~I~ ~S~CE CO~ do hereby ~ ~t [ h~ve co~d ~e forgoing ~py of ~e ~ ~ HOM~ O~I~ OF ~ CO~Y. and that ~e *nme a~ ~ect t~p~ ~ercof. ~d of ~e ~ola of ~ *~d odgl~. ~nd ~ar the s~d Power PROPOSAL FORM Date: DECElViBER 26, 2002 NAME of BIDDER: 108 AT,r,k'~ BCULEVARD Telephone: 631-249-0888 FARMINGDALE, NEW YORK 11735 TO: SOUTHOLD TOWN BOARD TOWN HALL ~ 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: December 3, 2002, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN HALL MECHANICAL ROOM, 53095 Main Road, Southold, N.Y. 11971 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Furnish & Install three (3) New Oil Fired Boilers THE CONTRACTOR SHALL FURNISH AND INSTALL NEW HOT WATER HEATING PLANT AND PROVIDE A COMPLETE NEW MECHANICAL SYSTEM WITHIN THE EXISTING BOILER ROOM. THE CONTRACTOR SHALL PROVIDE ALL DEMOLITION & DISPOSAL OF ALL ABANDONED EQUIPMENT & MATERIAL. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT A COMPLETE, FULLY FUNCTIONING MECHANICAL SYSTEM IN ACCORDANCE WiTH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) 67r 600.Q0 (written in numbers) Town Hall Mechanical System: D-1 PROPOSAL FORM - Cont. And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time pedod. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: 001 Dated: D~ 13, 2002 Signature of Bidder: Telephone Number: 631-249-0888 BiddersDOMINiON O0NSTRUCTION OORP Address: 108 A~',T,I~N BOULEVARD FARMINGDALE, NEW YORK 11735 Date: D~ 26, 2002 Town Hall Mechanical System: D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, '1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a Joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of rasolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ~ W- R~JNPF of the~ON CGNSTRUC'h~IN PP,~p (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Town Hall Mechanical System: Installation of a New Hot Water Heating Plant Southold Town Hall, 53095 Main Road, Southold, New York 11971 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the 26th day of DEC]~V~BER ,2002. (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. /~.,s~ Town Hall Mechanical System: ~ E-I NEW YORK STATE AFFIRMATIVE ACTION CE'RTIFIE. ATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION DOMINI(~ CO~f~OCTI(~N CORP. (Bidder) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract and, 2, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non- state) in the afore-mentioned area subject to these Bid Conditions, these trades being: and, 3. It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (SignatureVo~ Auth~'z~,d' Representative of Bidder) Town Hall Mechanical System: F-1 AIA 310 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we DOMINION CONSTRUCTION CORP. 108 ALLEN BLVD FARMINGDALE,N .Y. 11735, as Principal, hereinafter called the Principal and INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER NEWARK, NJ 07102, a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter called the Surety, are held and fnxnly bound unto TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, N.Y. 11971, as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE AMOUNT BID(5%) Dollars ($5%) for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fmnly by these presents. WHEREAS, the principal has submitted a bid for NEW MECHANICAL SYSTEM IN THE TOWN HALL NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may be in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 23RD day of DECEMBER, 2002~ 7 (wimcss3,-/ (Wimess) DOMINION CONSTRUCTION CORP.  SURANCE COMPANY RICHARD GU Al~qI(~omey-in- fa c t STATE OF NEW YORK COUNTY OFNASSAU SS: On this 23rd day of DECEMBER in the year 2002, before me personally came RICHARD GUARINI to me known, who being by me duly sworn, did depose and say that he resides in AMI'rYVILLE, NEW YORK; that he is the attorney-in-fact of INTERNATIONAL FIDELITY INSURANCE COMNPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC STAMP SHARON SCHISSEL NOTARY PUBLIC, State of New York No. 01SC6065816 Qualified In Queens County Commission Expires October 29, 20 INDIVIDUAL - PRINCIPAL STATE OF COUNTY OF SS: On this __ day of , 19 instrument and duly acknowledged to me that , before me, the undersigned personally came and appeared to me personally known and known to me to be the individual described in and who executed the foregoipg executed the same. NOTARY PUBLIC STAMP NOTARY PUBLIC CORPORATION - PRINCIPAL { On this~. __ day of , before me ~ to me known, who,.b~ng by m~ty sworD~id bede a~d say that he r~ides at ~~. ~ V / f 7.~[ that he is ]//~ ~ ~/~ of DOMINION CONSTROCTION'CORP.' the cor~rat~n described in and which executed the foregoing instrument as principal; that he knows the seal of said corporation; that the seal affix~ to said instrument is such ~rproate seal; that it was so affixed by order of the Board of Directom of said cor~mtion, and that he sign~ his name thereto by like order. BA~ARA CANE~OSSI Notary Public, State of New York No. 01CA50~1595 Qualified in ~u~olk County / Commission Expires June 10, 20~~ NOTARY PUBLIC STATE OF ~ SS: COUN~ OF On this __ day of _ , 19 , , before me personally came personally known, and known to me to be a member of the firm of acknowledged to me that he executed the same for the uses and purposes therein mentioned. to me and he duly NOTARY PUBLIC STAMP Te1,(973) 624-7200 ~ IPOWER OF ATTORNI INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jer~y. does hereby constitute and appoint OARY MORRISSE¥, SRAHON SCHIBSEL, MI~ENA LAN~ERT, RICHARD OUA~INI, JOHN H. TREIBER, CRAIG TREIBER, ANTHONY G. BUONO ~arden city, NY. its true and lawful attorney(si-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and ofl~er writings obligatory m thc natar~ thereof which are or may be allowed, required or permitted by law. stature rule regulation, contract or otherwise including any and all consents for the release of retained percentages and/or ftaal estimates on engineering and construction eontrects required by the Department of Tranaportetion, State of Florida, and the execution of such thstrumentis) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INS%IRANCE COMPANy, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Affi¢le 3-Section 3 of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDEIL~TY INSURANCE COMPANY at a meeting called and betd on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appgint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-inJact and revoke the authority given. Further, this Power of Attorney is signed and sealed b.y facsimde pursuant to re~lution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th rtay of April, 1982 of wbich the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimfie s~gnatores or facsimile sea]shall be valid and bindm~ upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shafi be valid and binding upon the Company bi me future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INS'URANCE COMPANY has caused this i~trument to be signed and its corporate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998. CountySTATE of OFEssexNEW JERSEY ~INTERNATIONAL FIDELITY ~,~CE~COME&NY On this 31st day of August 1998, before me came the individual who executexl the precedthginstrumebt, to me personally known and, being by me duly sworn~ said the he ~s the therein de~ribnd and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANYI that the seal affixed to said insteument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. NOTARY ~,.P UBLI O~, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official at rite City of Newark, New Jersey the day and year first above written· CERTIFICATION A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov. 21, 2005 i, the undersigued officer off INTERNATIONAL FIDEL, ITY INSURANCE COMPANY do hereby certil~, that i have compared the foregoing copy df the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Atturuey, wifl~ the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY. and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not beeu revoked and is now iu full force and effect IN TESTIMONY WHEREOF. I ha've hereunto se, my hand this ~¢a day of~e~-l~b~'~ '~_~E:~ ~'" ~RNATIONAL FIDELITY INSUR~CE COMPANY ONE NEWARK CENTER, 20TM FLOOR, NEWARK, NEW JERSEY 07102-5207 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT DECEMBER 31, 2001 ASSETS Bonds (Amo~ Value) .................................. $32,295,517 Preferred Stocks .......................................... 2,356,830 Common Stocks (Market Value) ............................... 5,g52,409 Mortgage Loans on Real Estate ............................... 1,599,910 Real Estate ............................................. 32,000 Cash & Bank Deposits ..................................... 9,663,951 Short Term lnvestmants ..................................... 2,8.54,406 Unpaid Premiums & Anstmgd Balances .......................... 1,523.d12 Ralnsuranee Recoverable on Loss P~ymants ....................... 2,'/71,329 Electronic Dala Proce~ing F. quipmeat ........................... 240,585 intere~ & Dividends Due and Acurued .......................... 564,642 F~a~aral & Foreign Incong Tax Recoverable ...................... Funds Held in Escrow Account~ ............................... 11,551,10'7 Collateral Funds Held Under Contract ........................... (11,551,107) Other Assets ............................................ 339,351 TOTAL ASSETS ................................. 60.594.541 LIABILITI~S~ SURPLUS & OTHER ~UNDS Lnsses (Reported Losses Net as to Reinsnrance Ceded and Incurred But Not Reported Losses) ............................ Loss Adjustment l~xpenses ................................. Contingcnl Commissions & Other Similar Charges ................ Other Expenses (Excluding Taxes, Linsnses and Fees) .............. Taxes, Licenses & Fees (Excluding Federal Income Tax) ............ Federal & Foreign Income Taxes ............................ Unearned Premiums ..................................... Ceded Reinsurance Pr~inums Payable ......................... Funds Held by Company Under Reixisurance Treaties .............. Amounts Withheld by Company for Account of Others .............. Liability for Unauthorized Reinsurance .......................... Payable for Securiti~ ...................................... Other Liabilitias ......................................... TOTAL LIABILITIES .......................... $8,841,585 3,850,232 910,812 25./,311 372,469 12,000 9,435,874 1,999,615 304,433 191,841 672,484 127,912 3~075 Common Capital ~tock ..................................... $1,500,000 Gross Paid-in & Contributed Surplns ............................ 374,600 Ueassignnd Funds (Surplns) .................................. 31~740t298 Surplus as Regards Policyholders ................... 33t614~898 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS , , . 60.594.541 I, Francis L. Mittesbuff, Presidem of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Umbilitles, Surplus and Other Funds of this Company, at the close of business, Deccmher 31, 2001, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of the Company, this 25th day of February, 2002. INTERNATIONAL FIDELITY 13/SURANCE COMPANY President ~$./2002 14~ 856621~298 P~GE 0~ COLE MECHANICAL CORP. 119 Lake Drive Mahopac, N.Y. 10541 Decomber23,2002 Southold Town Hall 53095 Main Road Southoid, N.Y. 11971 Attn: James A, Richter, RA Re: In~tallatJc)n of a New Town Hall Mechanical System Dear Mr. Richter: Alter reviewing the plans and spe~ns for the above referenced project we found some Items that require clarification. On page C-1 - Index to Specifications under Bidding Requiremer~ta it states that the Index to Spec~cafion8 II C-1 though C-2, we are not in receipt of page C-2, In the Legal Notice - Notice to Bidders, third paragraph it state8 'Sealed bids ..... and bank draft or certified check in the amount of $100.00, ...It does not mention a Bid Bond, if · Bid Bond is furnished is that in lieu of the $100,00 ca,tiffed check? On page B-3 under Section H - Plant & Equipment it states 'The bidder shall state in his bid that he has available or under his control ....there is not a space on the Bid Form to make this ~flatement. What are the available Working Hours at the job site? Are their Liquidated Damages on this projectq If so, how much? Page F-1 New York State Affirmative Aclk)n Ca~iflcatidn, Item 2 - What is the 'N~u-Suffolk County Plan'? Please advise to the above at your aaflieal convenience. Cola Mechentc~ Corp. 23/1..2 '02 M0N 14:31 FAX 516 765 6145 SOUTMOLD CLERK ~001 *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO 4055 CONNECTION TEL CONNECTION ID Accounting ST, TIME 23/12 14:31 USAGE T 00'44 PGS, SENT 2 RESULT OK 7651366 ~21,,g2~ Fm ~45.821-e2~ [] Plemm R~ly D P~ Rec,~:~ , I' PROPOSAL FORM NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same Work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: December 3, 2002, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform ail the work required to construct, perform and complete the work at: TOWN HALL MECHANICAL ROOM, 53095 Main Road, Southold, N.Y. 11971 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Furnish & Install three (3) New Oil Fired Boilers THE CONTRACTOR SHALL FURNISH AND INSTALL NEW HOT WATER HEATING PLANT AND PROVIDE A COMPLETE NEW MECHANICAL SYSTEM WITHIN THE EXISTING BOILER ROOM. THE CONTRACTOR SHALL PROVIDE ALL DEMOLITION & DISPOSAL OF ALL ABANDONED EQUIPMENT & MATERIAL. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT A COMPLETE, FULLY FUNCTIONING MECHANICAL SYSTEM IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) Town Hall Mechanical System: (written in numbers) D-1 PROPOSAL FORM - Cont. And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Signature of Bidder: Telephone Number: Date: Addendum Number: Town Hall Mechanical System: D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal/aw, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless othenvlse required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (Name ~f ~ignatory) - (Name of C0rporation)~ authorized to sign and submit the bid or proposal of this corporation for the following Project: be Town Hall Mechanical System: Installation of a New Hot Water Heating Plant Southold Town Hall, 53095 Main Road, Southold, New York 11971 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September l, 1965. Town Hall Mechanical System: E-1 NEW YORK STATF AFFIRMATIVF ACTION CFRTIFICATION (TO BE COMPLETED BY EACH BIDDER) A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: and, BIDDER'S CERTIFICATION COl(o_ /7'~(~(,~kO. tq'lF,&/ t'/~(~i~c[er) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract and/or, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non- state) in the afore-mentioned area subject to these Bid Conditions, these trades being: and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract tho~ontractor certification require7 tlese Bid Conditions. ...~ (..--~ (Signature of Au~l~ori~'ed Representative of Bidder) Town Hall Mechanical System: F-1 " oF J IRCHiTECTS ., .,. MEI cAN " THE A INSTITUTE AIA Document A310 Bid Bond Bond No. 3098§ Cole J~chafliccll Corp. (Here inser~ fuji hale and address or legal title of Contractor) 119 ~ Drive, ~o~c, New Yo~k 10~1 ~va ~1~ Com~ (~ ~nsert full na~ a~d ndd~s or [~ai t~tte of Su~ty) 1~ ~k 5~t, Buffolo, ~w Yo~k 14~03-1610 a ~ti~ ~ ~ ~ ~ 1~ oE ~ S~ oE New Yo~k ToWn of 5outhold, Town Hall 53095 ~in Rood, 5outhold, New Yo~k 11971 (~ Insert ful~ na~ and add~s o~ [~al title of ~r) ~ ~Zig~ ~e~ ~1~ ~ ~11~ ~ ~ ~ oE *5% of the amount of the bid* ~ (8 ) s~ly, f~y ~ ~ ~s. WHEREAS, ~ ~ ~ s-~{tt~ a ~f~ I~eU~,ion of Mew Town HoI~ ~ech~nic~l S~ ~ Tnsert full na~, ndd~ss end desc~lptJo~ of project) ~uthoid, New Yo~k NOW~ ~r if the 0bHgee shah accept the bid of the Princlpe[ and the Principal shell enter into a Contract with the 0bHgee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract 0ocuments with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of [abor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, If the Principal she[[ pay to the 0bHgee the difference not to exceed the penalty hereof between the amount specified tn said bid and such larger amount for whtch the ~bltgee may In good faith contract S£~neda. d~le~t~s 26th day of December 20 02 Cble Mechanical Co~p. Nova C~uaI~ Com~y ( / Denise Alexonion, (~e)Att~-f~ pate: 12/26/02 AIA D~ A310 · BID BC~ · AZA @ · FEBR%~RY 1970 ED · THE AM~TICAN INSTI~T/TE OF ARCBITECTS, 1735 N.Y. AVE., N.W., ~SHINGTO~, D.C. 20006 ACKNOWLEDGMENT OF PRINCIPAL IF a CORPORATION · e ~om~on d~cfibed in and ~I~ execut~ ~e above Ins~men~ and ~at h~she signed hl~er name ~ere~ b~o¢omflon. ~ ,~,?a Vlahostathopula NOT~UBUC~ISSIO~R ~DE~ ~ ~ ~v Public State of NY 01VL6015780 : ~',edinWestchester ~ ~ ~:,m Expire~: I ~ AC~OWLEDGEMENT OF SUR~ STATE OF NEVV YORK ) SS: COUNTY OF WESTCHESTER On the 26th~day of December ' in the year 2002. before me pemonally c~me Denise Alexanlan to me known, who, being by me dully sworn, did depose and say that he/she resides at Somem, New York, that he/she is the AttorneY-in-Fact of Nova Casualty Company the corporatiort ~;L~scdbed itl and which executed the above Instrument; and that he/she .slgned,~i~her n~to-by-order of the b~ard of directors of sald corporation. / / ,~ //~. ' '~. ' ,~ NOTARY PUBUC OR COMMISSIONER OF DEEDS NF~0 N~o~tla VlahostathOpulu fled inrW.~'`~tchester N VA NOVA CASUALTY COMPANY 180 Oak Street Buffalo, New York 14203-1610 STATEMENT OF FINANCIAL CONDITION I certify that the following officem have been elected hy the Board of Directom of NOVA Casualty Company and still remain in office: NORMAN F. ERNST, JR ............................................................... CHAIRMAN HARSHA ACHARYA ................................................................. PRESIDENT CHRISTOPHER C. HOOVER ....................................... VICE PRESIDENT, TREASURER EUGENE WAHLSTROM ......................................................... VICE PRESIDENT WILLIAM D. SHELDON .......................................................... VICE PRESIDENT ROSEMARY BRAVE'CFI ................................ VICE PRESIDENT, ASSISTANT SECRETARY JOSEPH P. BEITZ .............................................................. VICE PRESIDENT VICTOR EHRE ..................................................... ASSISTANT VICE PRESIDENT WILLIAM McKENNY ................................................. ASSISTANT VICE PRESIDENT ROBERT L. FRAILEY ................................................ ASSISTANT VICE PRESIDENT PATRICIA A. NOLAN ................................... ASSISTANT VICE PRESIDENT, SECRETARY STUART CAPERS .................................................. ASSISTANT VICE PRESIDENT I further certify that the following statement of the Company is true as taken from the records of said Company as of December 31, 2001: ASSETS LIABILITIES AND POLICYHOLDERS SURPLUS Cash and Invested Assets: Cash ...................................... $ (871,417) Bonds ...................................... 21,594~028 Preferred Stocks ............................. 272,687 Common Stocks ............................. 1,277,493 Short Term Investments ...................... 9,993,367 Interest & Dividends Due and Accrued .......... :361.998 $ 32,628,156 Other Assets: Premiums and Agents Balances, Net .......... $ 6,647,703 Receivables from Parent ...................... 4,445,204 Reinsurance Recoverable .................... 491,509 Other Assets ................................ 141,399 Guaranty Funds Receivable ................... 16,975 Equipment, Net .............................. ~ Total Admitted Assets ....................... $ 44,596,872 STATE OF NEW YORK COUNTY OF ERIE SS: Uabllltles: Losses .................................... $ 15,314,276 Loss Adjustment Expenses ................... 1,080,788 Unearned Premiums ..... ; ................... 10,910,564 Taxes, Licenses and Fees .................... 235,224 Federal Income Taxes ....................... 357,000 Ceded Reinsurance Premiums ................ 6,632,698 Other Liabilities ............................. (448.943~ $ 34,081,607 Policyholdem Surplus ........................ $10,515,265 Total Liabilities and Policyholdem Surplus ...... $ 44,596,872 I, Patdcia A. Nolan, Secretary of NOVA Casualty Company, a New York Corporation, do hereby certify that the foregoing is a full, true and correct copy of the Balance Sheet of said Corporation as of December 31, 2001. In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation at Buffalo, NY this 25th day of February, 2002. STATE OF NEW YORK COUNTY OF ERIE SS: Secretary Subscribed and Sworn to before me on this 25th day of February, 2002 My Commission Expires September 28,~'~002 NOVA CASUALTY COMPANY ': B~ffal~i ~ ~rk 14203-1610 (716) 856-3722 State of New York, having its principal offices in the City of BU'ffalo: Kiew Yo~k, does make, bbnstit~t&'an~ ~:~i~[ ***EDMUND J BERGASSI, DENISE ALE~NI~ & GEORGE S~NNER*** it~ ~e A~ la~l Affb~ey(s)-in-facf to ~ke;:~A~Ute ~eal ina deliver f~ ~:bh it~ ~; ~s Sure~, and as its ~ a~ ~nd ~d~::a~Y ~n~:'.~l~onds, und'~d~g~ ~ ~o~t~Acts::~ ~re~ship, ~[o~d ~at ~0 ~d:O~ ~dde~aking or ~htra~of:~t~hifl~Xec~ed under ~19 a~i~ shalfe~B in amount ***NOT TO EXCEED $250,000*** This P9wer ~::A~9~8~y:is grated and is signed and sealed by facsim le under and by:~e :~ lowing Res~i~ti~b~t~::B0~:bf Directors of NOVA CASUAL~ COMPANY held ~,n the 18~h:~ay ~t~; !9~3~: :: :' ? ~'~ ~:~ :. RESOLVED'; ~a~ {he ~9~t~ ~d ~ ~{~ the 5,: :'~ i~t-, ;' T',~:,~.,'e'. Ac;.u;j '~,,~,~'J,l.I, :~r c::~,c~,se, ~ and ~ey her~ authodza~on to ap~inf ~ a Po~ ~f A~? f~'~ ~d~o~s c... ~ .~1 ~ ~:u. ,':: a ": a:;.:~t'ng Etm,.s a"d J" ~1~kl-;s, and o~r wdti~ obligAt~ Ih::{~:: ~.~'~ of, one or mom resident rice-president, assis~nt ~mtades and a~omey(s)-in~act, each ap~int~ to have ~e ~em and duties usual to such offices to the ~si~ of this ~mpany: ~e signature of such offi~m and ~al of the ~m~ny may be affix~ to any such ~r of a~omey or ~ any ~fi~ relating ~emD by fa~imae, and SB~b ~r of a~9mey or ~ifi~te ~adng such fa~i~ile si~atums o[ fa~imJle seal shall ~ val~ a~ ~ng+u~n ~e ~m~ny, a~ ~ny su~ ~r ~ a~: ~fi~ ~:f~il~ ~g~: ~res ~d fa~ii~::~:~ ~:~a~ ~ ~h~ ~ be Company: b ~:~':~ ~e~ fd~ ~¢mCe~ng or o~er w~ ~li~t~ i~ ~e ~A~re the~e0[ ~o which il is afi~ch~ ~ s~ ~p~t;ma~ ~ r~ok~, for ~a~ 0g::~t ~, B~ an~ o[~ai~ ~ic~, at any fires. :: , wiin s the NOVA cause t e;; si¢ d y o.i r ~der~ig~od'Ahd ~t{ ~P~rate seal to b~ her~t~ ~ffi~d~db~ Afl~ted by its Sebfeta~; thi~:~St fi~y:~OCtober, 1993. ;: ..... Ha rs ha Ach aiwa, Sec retary ~~] No rman F. E mst, P reside nt STATE OF NEW YORK '[ ~'"'-~o~j i~:tPi¢ ~:1 ~i:.:~¢:Of ~ober, 109~, bSfore~;~:,~r~l~:~ame Norman ~ ~o,~e:~n ;Coding by mo ~8~y sW~;:di~e~,~d say: that he ~Side~ih't~:~U~'~f;Efle, State of N~:YoA, t~T~:O B:t~ P~i~t of NOVA CASUAL~ cOMpANY, the co~oration described in and which eXecuted the above inst~ment; that he knows the seal of the said corporation; that the seal affixed to said inst~ment is such co~orate Seal; that it was so affixed by order of the Board dj DJm~emof eai~ COUN~ OF E~: E Kath~en A. Coudney Nota~ Public, Erie 6o., My Comm!~i~ Exp!ms d~!Y 25~ !e94 ~AT~ i;; ~, u~de~sign~O~ d~ly elected tS:th~ offi~ tA;~ i;:h0TM the incumbent i~ NOVA ~ASO~ COMPANY, a N~w Yo~ Co~ra~n: A~thorized to ma~ this ~ fie ~ DO HEREBY OE~TI~ that ~ :fo~e~ih~ A~Ached Power of AAomey rema}ns in fuli force and has not been revoked; and fu~hermore t~t the ~esolution ol the Board of Oirecto~, set fo~h in the Power of A6orney is now in force. This power is valid only if the power of a~omey number printed in the upper dght hand corner appea~ in red. Photocopies, carbon copies or other reproductions are not binding on the company, inquiries concerning this power of a~orney may be directed to the Bond Manager at the Home Office of the Nova C~gHR[~ PROPOSAL FORM Date: 12-26-02 NAME of BIDDER: Reel Mechanical Contractors~ Inc. 120 Keyland Court Bohemia, New York 11716 Telephone: 631 -588-1 350 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: December 3, 2002, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN HALL MECHANICAL ROOM, 53095 Main Road, Southold, N.Y. 11971 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Furnish & Install three (3) New Oil Fired Boilers THE CONTRACTOR SHALL FURNISH AND INSTALL NEW HOT WATER HEATING PLANT AND PROVIDE A COMPLETE NEW MECHANICAL SYSTEM WITHIN THE EXISTING BOILER ROOM. THE CONTRACTOR SHALL PROVIDE ALL DEMOLITION & DISPOSAL OF ALL ABANDONED EQUIPMENT & MATERIAL. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT A COMPLETE, FULLY FUNCTIONING MECHANICAL SYSTEM IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: One Hundred Seventy-One Thousand and No Cents $171,000.00 (written in words) (written in numbers) Town Hall Mechanical System: D-1 PROPOSAL FORM - Cont. And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: One Dated:December 1 3, 2002 N/A N/A Signature of Bidder: ~/ ~ Bidders Address: David Hetterich - President Reel Mechanical Contractors, Inc. Telephone Number: 631-588-1350 120 Keyland Court Bohemia, New York 11716 Date: December 26, 2002 Town Hall Mechanical System: D-2 STATEMFNT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as tree under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that David Hetterich of the Reel Mechanical Contractors (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Town Hall Mechanical System: Installation of a New Hot Water Heating Plant Southold Town Hall, 53095 Main Road, Southold, New York 11971 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the 26th day of December .2002 . (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Incorporated: State of New York Town Hall Mechanical System: Signature David Hetterich - President Reel Mechanical Contractors,Inc. E-I NFW YORK STATF AFFIRMATIVF ACTION CFRTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Reel Mechanical Contraotorsr Inc. (Bidder) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract Controls, Insualtionr Pipinq & Electrical and, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: Controls, Insualtion~ Pipinq, & Electriqal and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non- state) in the afore-mentioned area subject to these Bid Conditions, these trades being: Not Applicable and, 3. It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) David Hetterich - President Town Hall Mechanical System: F-1 THE AMEROAN INSTITUTE OF CHITECTS AIA Document A310 Bid Bond BONO NO: N/A KNOW ALL MEN BY THESE PRESENTS , that we REEL N~CHANICAL CONTRACTORS, INC. 120 KEYLAND CT., BOHEMIA, NY 11716 as Principal, hereinafter called the Principal and RLI INSURANCE COMPANY 180 SUMMIT AVENUE, SUITE 205, MONTVALE, NJ 07645 a corporation duly organized under the laws of the State of ILLINOIS as SURETY, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD TOWN HALL 53095 MAIN ROAD, SOUTHOLD, NY 11971 as 0bligee, hereinafter called the 0bligee, in the sum of FIVE PERCENT OF BID Dollars ( $ 5% OF BID ) for the payment of which sum well and truly to be made, the said Principal and the said Sure bind ourselves, our heirs,executors, administrators, successors and assfgns, jointly and severally, firmly- by these presents. WHEREAS, the Principal has submitted a bid for TOWN MALL ~HECHANICAL SYSTFA4: INSTALLATION OF A NEW WATER HEATING PLANT ~ SOUTHOLD TOWN HALL 53095 h;nMN ROAD, SOUTHOLD, NEW YORK 11971 NOW! Tn~UKS, if the 0bligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the 0bligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof~ Or in the event of the failure of the Principal to enter such Contract and give such bond or boBds, if the Prinaipal shall pay to the 0bligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the 0bligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 24TH day of DECEMBER 19 20D2 REEL MECHANICAL CONTRACTORS, INC. (Principal) (Title) ( Se a I ) AIA DOCUMENT A310 * BID BOND AIA ~ * FEBRUARY 1970 ED °THE AMERICAN I N S T I T U T E O F--A' RC H I T E CT S, 1735 N.Y., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF CONTRACTOR/PRINCIPAL IFA CORPORATION STATE OF NEW YORK ) ) SS.: COUNTY OF -~U rf-o~. ~ ) Onthe ~TH day of .I~ECEcO~:~ in the year 2002 beforemepe~sonally came I~t_Jt1~ I-1ET~-£~ICr~ in me known, wbo being by me duly swom, dlddepose and say that he zesides in ~r",'3tT,./Utt_t..£, IkJ,"~. ., that he Is the ~:~E_.~tE)£tqT of F~EL- rX3~C-~-t~,~C_.~ /_~ ., the colporation described in and which executed the above instrument; and that he signed his name therein by authority of the board of direotms of said cozporation. Pamela Graf Nolaq Public, State of New York No. Of GRGOO2657 Qlzallf~d In Suffolk County ComlMS~lon Expl~u on Fabmury 17, ~OTAR¥/]PUBLIC ACKNOWLEDGMENT OF SURETY STATE OF NEW YORK COUNTY OF SUFFOLK ) ) SS.: ) On thc 24TH day of DECEMBER in the year2002, before me pelsonaily came GLENN GLUBIAK to me known, who, being duly swum, ~Id depose and say that he resides at COMMACK, NEW YORK ., that he the Attorney-In-Fact of RLI INSURANCE COMPANY JENNIFER L SPADARO Iletary Public State of New Yom No. 01PR5017514 ~ualifie~ in Suffolk Cnun~ Commission Expires SepL 70~ the coq~oration described in and which executed the above instmmeat; and that he signed his name thereto by outer of the board of d~ecto~s of said coq~oration. A Division of RL1 Insurance Company P.O. Box 3967 Peoria, IL 61612-3967 Know All Men by These Presents: POY R OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: ROBERT MASTRANTONIO. TINA MARIE VESPRO. GLENN GLUBIAK in the City of HAUPPAUGE , State of NEW YORK its true and lawful Agent and Attorney-in-Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney-in-Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, and Assistant Secretary, or the Treasurer, may appoint Attumeys-in-Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, andertakings, Powers of Attomey, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its President with its corporate seal affixed this 22nd day of March . 2002 ...... .. On this 22~1 day of March , 2002 . before me, a Notary Public. personally appeared Jonathan E. Michael who being by me duly sworn, acknowledged that he signed the above P~wer of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. RLI Insurance Company CERTIFICATE l, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this 'J~"fi day of *.~:(~ ~ By: RLI Insurance Company ' ' ~.~)t_- President P.L] Sur~t~ A Diet, Ion o/RLI ln.m~anc~ Co~y P.O. Box 3967 P~oria, IL 61612-3967 Phone: 309-692-1000 $00.645-2402 F~x: 309-692-8637 RLI II tjrance Company December 31, 2001 Admitted Assets Fixed Maturities ................. ...... ~ 265,106,696 Cash on hand and on deposit ................ Other inve~tsd assets ..................... Funds held ............... 320,661,366 49,266,285 6,019,339 (11,591,483) 10,613,732 52,524,898 4,429,352 64,477 15,739,177 3,099,572 1,847,74O 27,962.482 TotalAdmitted Assets ..................... $ 745r752~522 Uabllifles and Surplus Liabilities: adjustment sxpeqses .................. I 223,758,670 Unearned premiums ..................... Accrued expanses ..................... Federal income taxe~ payable ............. Funds held .......................... Amounts withheld ..................... ceded Reinsurance R'emlum Payable ........ Statutory penalties ..................... Borrowed money and accrued interest ........ Drafts outstanding ....................... Other Liabilities .......................... 141,083,649 9,369,714 9,355,455 1,969,212 11,992,892 23,188,324 274,200 32,698,061 382,561 0 Total Liabilities .......................... Surplus: Common stock ....................... Additional paid-in capital ................. Unassigned surplus .................... $ 454~062.638 10,000,375 60,025,474 221,664,035 State of Illinois ~$. County of Peoria Total Surplus Total Liabilities and Surplus 291,689,884 745,752~522 The undersigned, being duly sworn, says: That he is the Pres/dent of RLI Insurance Company; that said Company is a corporation duly organ/zed, in the State of illinois, and licensed and engaged/n business in the State of NE~ YORK and has duly compiled with all the requirements of the laws of said State applicable of said Company and is duly qualified to act as Surety under such laws; that said Company has also compiled with and is duly qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.C sec. 6-13; and that to the best of his knowledge and belief the above statement is a full, true, and correct statement of the financial condition of the said Company on the 31st day of December 2001. Attest: Corporate Seal Affixed ~ c~~Pres/dent, CEO Jonathan E. Michael /lie :./. Hensey Sworn to before me this 15th day of February 2002. Cher~e L Montgomery ~ ~ State of//fino/$ Mi' commission Expires February 2, 2004 M0058202 l~L ~O~tc~ -- NOTICE TO BIDDEI~ NOTICE IS ~y GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and cover~ in this proposal shall include but not be limited to: boilers, circulators, pumps, piping and fittings within the existing bo ler room at Southold Town Hall, in accordance with the plans and specifications prepared by James Richter, Southold Town Engineering Department. Specifications for such bids may be obtallmd at the Office of the Southold Town Clerk, Town Hall, 53095 Main Road, Southold, New York 11971 for a $10.00 non-refundsble fee. Any ques- tions should be directed to James Richter, Southold Town Engineering Department at 6311765-1560. C "~;~' -~"-~ ~gf~er with a Non o~ms:ve B d Certificate. ahd bank draft or cart/lied check th the amount of 5% of the Base Bid. will be i~Ceived by the Town Cl~rk at the Southold Town Hall. $3095 Main Road. Southold, New York °l~ned told hich time they will be mad aloed in pobli¢. The Town Bean/ pf the Town of So · -..--~ ~ny ~md a nfonnalitie ~ a~y hid should it be deemed ~- -~ s ~eo S:o{~t'rest of the Town of South~dr?oe All bids must be signed and sealed in the Town Clerk. The bid price shall not from which the Town of Southold is Dated: DeCember 3, 2002 STATE OF NEW YORK) )SS: COUI~.~t' OF,SUFFOLK) ~"~J/~.¢.' z//~/.~"z~'~--'/,~of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for f weeks succes- sively, co.~mencing on the /,~,' day of cipal Clerk Sworn to before me this /3 day of ~-.e. 20~1 ~2~ LAURA E. BONDARCHUK Notary Public, State of New York No 01B06067958 Qualified in Suffolk County My Commission Expires Dec. 24, 20~-.~' LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for the supply and installation of a new mechanical system to service the Southold Town Hall. Items covered in this proposal shall include but not be limited to; boilers, circulators, pumps, piping and fittings, within the existing boiler room at Southold Town Hall, in accordance with the plans and specifications prepared by James Richter, Southold Town Engineering Department. Specifications for such bids may be obtained at the Office of the Southold Town Clerk, Town Hall, 53095 Main Road, Southold, New York 11971. Any questions should be directed to James Richter, Southold Town Engineering Department at 631/765-1560. Sealed bids, together with a Non-Collusive Bid Certificate, and bank draft or certified check in the amount of $100.00, will be received by the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, December 26, 2002 at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the fight to reject any and all bids and waive any and all informalities in any bid should is be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on new mechanical system to service the Southold Town Hall", and submitted to the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: December 3, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH O D FORWARD ONE (1) AFFIDAVIT OF PUBLICA~'ioN ~ u r~LIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Data Construction Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ..~ day of ~0.t~eq , she affixed a notice of which the annexed printed notice is a true copy, in. a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Legal Notice: Notice to Bidders for Year 2003 Gasoline, bid opening at 10:00 a.m., Thursday, November 21, 2002. -- O ~lizabeth XTf~,)i]le Southold Town Clerk __womto before nm this dayof ~.~,_ LYNDA M. BOHN PUBLIC, State of New Yc~It No, 01 BO6020932 ~ualffied In Suffolk Coun~ INVITATION TO BID PROJECT: DEMOLITION & DISPOSAL OF THE EXISTING BOILER & RELATED MECHANICAL SYSTEMS WITHIN THE TOWN HALL BOILER ROOM. SUPPLY & INSTALL TWO NEW BOILERS WITH CIRCULATORS & PIPING TO SERVICE THE EXISTING MECHANICAL SYSTEM. TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the construction and installation of the New Mechanical system in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00AM, 26th ,__[~ O2 Day Month Year All specifications are provided herein: drawings (if any) to be attached. A fee of ten dollars ($ 10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if you intend to bid or not. Dated: D~n~.mb~r 3 2002 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Town Hall Mechanical System: A-1 10/12 '02 TUE 12:02 FAX 516 76S 6145 SOI~HOLD CLERK ~01 TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR *** MULTI TX/RX REPORT *** 4018 [* 1512449576 [* 16118005243329 [* 17118882329941 [* 18118002582984 [* 3211800§620544 Brown's Letters Burrelle's Info Data Construct Dodge Reports Construct, Info, ELIZABETH A. NEVILLE TOWN REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEIvlENT OFFICER FREEDOM OF INFORNIATION OFFICER Town Hall, 53095 MEn Road P.O. Box 1179 Southold. New York 11971 Fax ($31) 765-6146 Telephone (631) 765-1800 ~outholdtown_nerth fork.net OFFICE OF TIlE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: FAX TRANSMITTAL CONSTRUCTION INFO - 800 962-0544 DODGE REPORTS 293-5456 ~ ' ~ BROVfN'S LETTERS 244-9576 ~J tS BU1RRELLE'S iNFO - 800 524-3329 ~ .... DATA CONSTRUCTION 888 232-9941 BETTY NEVILLE, Southold Town Clerk Tele. 631 765-1800; fax 765-6145 December 10t 2002 "BIDS" ADVERTISEMENT/PUBLICATION Number of Pages (including covtx): 2 If total transmittal is not received, please call 631 765-1800. COMMENTS: Please acknowledge receipt of this information by signing below and returni'~g a faxed copy to me at 631 765-6145, attention: Betty Neville, Thank you. 10/I2 '02 TIrE 17:46 FAX 516 765 6145 SOUTHOLD CLERK [~001 *** TX REPORT *** TRANSMISSION OR TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PtS. SENT RESULT 4017 Suffolk Times 10/12 11:45 00'57 3 OK Town Hall, 53095 1Vlain Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6146 To[ephon~ (681) 765-1800 southoldto~rn.northfork.not OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: FAX TRANSMITTAL THE SUFFOLK TIM'ES ATT: JOAN ANN _ 12/10/2002 LEGAL NOTICES FOR PUBLICATION 1~ 200? Number of pages being faxed 2 including cover page If total transmittal is not received, please call 63l 765-1800. PLEA.gE ACIQq'OWLEDG,E RECEIPT OF THIS LEGAL NOTICE WITHIN ON~ (j) HOUP. BY SIGNING BELOW AND_ ,RETURNING BY FAX TO 765-6145, ATTENTION BETTY NEVILLE, TI-lANK YOU, Received By Date ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: FAX TRANSMITTAL THE SUFFOLK TIMES ATT: JOAN ANN 12/10/2002 LEGAL NOTICES FOR PUBLICATION IN 2002 Number of pages being faxed 2 including cover page If total transmittal is not received, please call 631 765-1800. PLEASE ACKNOWLEDGE RECEIPT OF THIS LEGAL NOTICE WITHIN ONE (1) HOUR BY SIGNING BELOW AND RETURNING BY FAX TO 765-6145, ATTENTION: BETTY NEVILLE. THANK YOU. Received By Date ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: FAX TRANSMITTAL CONSTRUCTION INFO - 800 962-0544 DODGE REPORTS 293-5456 BROWN'S LETTERS 244-9576 BURRELLE'S INFO - 800 524-3329 DATA CONSTRUCTION 888 232-9941 BETTY NEVILLE, Southold Town Clerk Tele. 631 765-1800; fax 765-6145 December 10, 2002 "BIDS" ADVERTISEMENT/PUBLICATION Number of Pages (including cover): 2 If total transmittal is not received, please call 631 765-1800. COMMENTS: Please acknowledge receipt of this information by signing below and returning a fa,xed copy to me at 631 765-6145, attention: Betty Neville. Thank you. Received by Date LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for the supply and installation of a new mechanical system to service the Southold Town Hall. Items covered in this proposal shall include but not be limited to; boilers, circulators, pumps, piping and fittings, within the existing boiler room at Southold Town Hall, in accordance with the plans and specifications prepared by James Richter, Southold Town Engineering Department. Specifications for such bids may be obtained at the Office of the Southold Town Clerk, Town Hall, 53095 Main Road, Southold, New York 11971 for a $10.00 non-refundable fee. Any questions should be directed to James Richter, Southold Town Engineering Department at 631/765-1560. Sealed bids, together with a Non-Collusive Bid Certificate, and bank draft or certified check in the amount of 5% of the Base Bid, will be received by the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, December 26, 2002 at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the fight to reject any and all bids and waive any and all informalities in any bid should is be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on new mechanical system to service the Southold Town Hall", and submitted to the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: December 3, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON DECEMBER 12, 2002 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Data Construction Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board 10/12 '02 TUE 09:23 FAX 516 765 6145 SOUTHOLD CLERK ~001 *** TX REPORT *** TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION 1D ST. TIME USAGE T PGS. SENT RESULT 4012 2983287 Suffolk Times 10/12 09:22 00'51 2 OK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTIGS MARRIAGE OFFICER RECORDS MA14AGEMENT OFFICER FREEDOM OF i'~FOKMATION OFFICER Town Hall, 53095 Main Road P-O. Box 1179 $outhold, New York 11971 F~x (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork,net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL- TO: FROM: DATE: RE: Suffolk Times ATT: Classified BETTY NEVILLE 12/10/2002 CLASSIFIED ADS Number of pages being faxed 2 including cover page If total trmasmittal is not received, please eMI 631 765-1800. tax 631 765-6143 PLEASE ACKNOWLEDGE P. EC_EIPT OF THIS LEGAL NOTICE WITHIN ONE (1) HOUR BY SIGNING BELOW AND ~R.ETLrRNING I~Y, FAX TO 765-6145, ATTENTION: BETT~Y NEVILLE, THANK YOU. 10/72 '02 TUE 09:40 FAX 516 765 614S SOUTHOLD CLERK ~00] TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR 4013 *** ~ULTI TX/RX REPORT *** [, 1512449576 [, 16118005243329 [, 17118882329941 [, 18118002582984 [, 32]18009620544 Brown's Letters Burvelle's Info Data Construct Dodge Reports Construct. Info. ELIZABETH A, NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARi~IAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown,nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: __IL-l{: FAX TRANSMITTAL CONSTRUCTION INFO - 800 962-0544 DODGE REPORTS 293-5456 BROWN'S LETTERS 244-9576 BURKELLE'S INFO - 800 524-3329 DATA,, CONSTRUCTION 888 232-9941 BETTY NEVILLE, Southold Town Clerk Tole. 631 765-1800; fax 765-6145 ..... December l0t 2002 "BIDS" ADVERTISEMENT/PUBLICATION Number of Pages (including cover): 2 if total transmittal is not received, please call 631 765-1800, COMMENTS: Please acknowlextge receipt of this information by signing below and returning a fa.xed copy to me at 631 765-6145, attention: Betty Neville. Thank you. JOSHUA Y. HORTON SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (516)-765- 1366 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel.(516)-765- 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD MEMORANDUM To: From: Subject: Linda Bohn r~~_,~ James A. Richte Addendum # 001 - Bid Specification for new Town Hall Mechanical System Date: December 13, 2002 Linda: I had a call from one of the contractors bidding the project and he pointed out an error in the Spec. Please send this addendum to all Bidders who have already picked up the package and incorporate the addendum into the remaining sets at your office. Thank you for your Help and I'm Sorry for the need of this clarification. Jamie. Enc: Addendum # 001 (10 Copies) TONN OF SOUTHOLD JAMES MCMAHON TOHN HALL BOX 1179 SOUTHOLD NY 11971 NEW YORK STATE DEPARTMENT OF LABOR BUREAU OF PUBLIC HORK~ STATE OFFICE CAMPUS, BLDGm ALBANY, NY 12240 ~ SCHEDULE 2002 Da~e 12/06/02 PRC 0207811 SUFFOLK COUNTY Location and Type of Pro~ec* PROJECT ID #: NONE TOHN HALL MECHANICAL SYSTEMS 53095 MAIN ROAD SOUTHOLD, NY Oi In response to your request, enclosed is the schedule of the prevailing hourly Hage ra~es and ~he prevailing hourly supplements for the above pro~ect, ~oge~her with copies of the Notice of Contract Le~ (PH-I6) for THE SCHEDULE MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROJECT HHEN IT IS ADVERTISED FOR BIDS. These schedules have been prepared and forwarded in accordance with Article 8 of the NYS Labor Law, which provides tha~ it shall be the du~y of the fisca! officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public wore pro,acts{ and to file such schedules with the Departmen~ having ~urisdictzon. This schedule is effective from July 1, ZOO2 ~hrough June 50, 2005. All updates, corrections and future copies of the annual determination are available on the Department's website (Hflw.labor.state.ny.us). The attached rates are based on the latest information available to the Department of Labor, Bureau of Public Hork. Care should be taken to review the rates for obvious errors. Any corrections should be brough~ ~o the Department's attention immediately. I~ is the responsibility of ~he public work contractor to use the proper rate. If there is a question on the proper classification to be used, please call the district office located nearest the pro~ect. NOTICE TO CONTRACTING AGENCIES: Upon cancellation or completion of this pro~ect, enter ~he necessary information and re~urn ~his page New York S~a~e Depar~men~ of Labor Bureau of Public Hork S~a~e Office Campus, Bldg. Albany, NY 12240 PROJECT HAS BEEN COMPLETED/CANCELLED: Da~e Signature Title For additional informa*ion, con*ac~ our local Distric± Offices: Albany (518) 457-2744 Syracuse (515) 428-4056 Binghamton (607) 721-8005 Rochester (716) 258-4505 Buffalo (716) 847-7159 Utica (515) 795-2514 Hemps~ead (516) 485-4878 Hhite Plains (914) 997-9507 New York Ci±y (212) $52-6088 PH-200 (6-02) GENERAL PROVISIONS OF LAWS COVERING WORKERS ON PUBLIC WORK CONTRACTS INTRODUCTION The Labor Law requires public work con~ractors and subcontractors to pay laborers, workers or mechanics empioyed in ~he performance of a public work contract not less than ~he prevaiiing rate of wage and supplements (fringe benefits] in the locaiity where tee work is performed. RESPONSIBILITIES OF THE DEPARTMENT OF JURISDICTION A Department of Jurisdiction [Contracting Agency) includes a state department~ agency, board or commission~ a county, city, town or village; a school dzstric~, board of education or board of cooperative educational services; a sewer, wa~er~ fire, improvement and other district corporation~ a public benefit corporation~ and a public authority awarding a public work contract. The Depar~men~ of Jurisdiction [Contracting A~enc¥) awarding a pubiic work contrac~ MUST obtain a Prevailing Rate Scheduze lzsting the hourly ra~es of wages and supplements due the workers to be employed on a pubiic work proSect. This schedule may be obtained by completing and forwarding a Request for Hage and Supplement Information form (PH-39) to the Bureau Public Work. The Prevailing Rate Schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work con±tact. Upon the awarding of the contract, the law requires that the Department of Jurisdiction (Contracting Agency) furnish the ~oliowing information to the Bureau: the name and address of the contractor, the date the contract was let and the approximate doilar value of the contract. To facilitate compliance with this provision of the Labor Law, a copy of the Department's No~ice of Con±rac~ Let form (PW~16) is provided with the original Prevailing Rate Schedule. The Department of Jurisdiction (Contracting Agency) is required to notify ±he Bureau of the compietion or cancellation o~ any public work pro~ect. The Department s PM-200 and PW-200.! forms are provided for that purpose. HOURS No laborer, worker or mechanic in the employ of a con~ractor or subcontractor engaged in the performance of any public work pro,act shall be permitted to work more ~han eight hours in any day or more than five days in any week, except in cases o~ extraordinar~ emergency. The contractor and the Department of Jurisdiction (Contracting Agency) may apply to the Bureau of Public Mark for a dispensation permitting workers to work additional hours or days per week on e particular public work pro~ect. WAGES AND SUPPLEMENT5 The wa~es and suppIements to be paid and/or provided to laborers, workers and mechanzcs empIoyed on a Pubiic work pro~ect shaIi be not be Iess ~han those listed in ~he current Prevaiiing Rate Schedule for the locality where the work is performed. If a prime contractor on a public work pro,act has not been provided with a Prevailing Rate Schedule, ~he contractor must notify the Department of Jurisdiction (Contracting Agency) who in turn must request an original PrevaiIing Rate Scheduie from the: New York State Department of Labor Bureau of Pubiic Work State Office Campus, Bldg. AIbany, NY Upon receiving the originai schedule, the Department of Jurisdiction (Contracting Agency) is required to provide complete copies to all prime contractors who in turn must provide copies to each subcontractor and obtain an affidavit certifying such schedule was received. Page i The Commissioner of Labor makes an annual determination of the prevailing rates. This determination is in effect from July 1 thru June 30 of the following year. The annual determination is available on the Department of Labor webszte (www.labor.stata.~v.us). The prime contractor is required by law to provide copies o7 all applicable county schedules to each subcontractor end to obtain from each and every subcontractor an affidavit certifying that such schedules were received. If the original schedule expired, the contractor may obtain a copy of the new annual determination from the Department's website. PAYROLLS AND PAYROLL REC~RpS Every contractor and subcontractor must keep original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. Payrolls must be maintained for at least three years from the project's date of completion. At a minimum, payrolls must show the following information for each person employed on a public work project: ~ Name ~ Classification(s) in which the worker was employed ~ Hourly wage rate(s) paid ~ Supplements paid or provided ~ Daily and weekly number of hours worked in each classification. Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within thirty (30) days after issuance of its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury. The Department of Jurisdiction (Contracting Agency) shall receive and maintain such payrolls. In addition~ the Commissioner of Labor may require contractors to furnish, within ten days of a request, payroll records sworn to as their validity and accuracy for public work and private work. Payroll records include, but are not limzted to, time cards, work description sheets, proof that supplements were provided, cancelled payroll checks and payrolls. Failure to provide the requested information within the allotted ten days will result in the withholding of up to 25% of the contract, not to exceed one hundred thousand dollars. If the contractor or subcontractor does not maintain a place of business in New York State and the amount of the contract exceeds $25~000~ payroll records and certifications must be kept on the project Horksite. The prime contractor is responsible for any underpayments of prevailing wages or supplements by any subcontractor. All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contrac~ as Hell as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article B of the Labor Law. See Section 220-e(d). All subcontractors engaged by a public work project contractor or its subcontractor, upon receipt of the original schedule end any subsequently issued schedules, shall provide ~o such contractor a verified statemen~ attesting that the subcontractor has received the Prevailing Rate Schedule and will pay or provide the applicable rates of ~ages and supplements specified therein. See Section 220-a. DETERMINATION OF PREVAILING HAGE AND SUPPLEMENT RATE UPDATES APPLICABLE TO ALL The wages and supplements contained in the annual determination become effectlve July ls± whether or not the new determination has been received by a given contractor. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Department s attention immediately. It is the responsibility of the publlc Hork contractor ~o use the proper ra~es. If there is a question on the proper classification to be used, please call the district office located nearest the project. Any errors in the annual determination Hill be corrected and posted to the Department's Hebsite on the ~irst business day of each month. Contractors are responsible ~or paying these updated rates as well, retroactive to July 1st. Hhen you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. To the extent possible, the Page 2 Department pos~s ra~es in its possession that cover periods of time beyond the July ls~ ~o June 30th time frame covered by e particular annual determznation. Rates that extend beyond ~ha~ instant time period are informational only and may be updated in future annual determinations ~hat actually cover ~he then appropriate July 1st to June 30th time period. HITHHOLOING OF PAYMENTS Hhen a complain± is filed High the Commissioner of Labor alleging the failure of a con~racton or subcontractor to pay or provide the prevailing ~ages or supplements, or ~hen the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public Nork contrac~ shall be Hithheld from ~he prime contractor in a sufficien~ amount to satisfy the alleged unpaid Nages and supplements, including interes± and civil penalty, pending a final determination. Hhen ~he Bureau of Public Honk finds that a contractor or subcontractor on a public Nork project failed to pay or provide the requisite prevailing Nages or supplements, the Bureau is authorized by Sections 220-b and 235°2 of the Labor LaN to so notify the financial officer of the Department of Jurisdiction (Contracting Agency) that a~arded the public ~ork con~ract. Such officer MUST then Nithhold or cause ~o be Nithheld from any payment due the prime con~rac~or on account of such contract the amount indicated by the Bureau as sufficien~ satisfy the unpaid ~ages and supplements~ including interes~ and any civil penal~y that may be assessed by ~he Commissioner of Labor. The Nithholding continues until there is a final determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding is instituted for revieN of the determination of ±he Commissioner of LaBor. The 0apartment of Jurisdiction (Contracting Agency) shall comply wi±h this order of ~he Commissioner of Labor or of t6e court Nigh respec± to ±he release of the funds so ~ithheld. SUMMARY OF NOTICE POSTING REQUIREMENTS The current PrevaiIing Rate Schedule must be posted in a prominent and accessible place on ±he site of the public work project. The prevailing schedule must be encased in~ or constructed of, materials capable of Niths~anding adverse ~eather conditions and be ti±led "PREVAILING RATE OF HAGES" ~- ' - ,. ze~tans no smalier ~han tNo (2) inches by ~No (2) inches. Every employer providing Norkers~ compensation insurance and disabili±y benefits must post notices of such coverage in the format prescribed by the Honkers' Compensation Board in a conspicuous place on the Every employer subject ~o ±he Ne~ York State Human Rights LaN must conspicuously post at i~s offices, pieces of employment, or employment training centers notices furnished by the State Division of Human Rights. Employers iiable for con~ribu±ions under ~he Unemployment Insurance LaN must conspicuously post on the jobsite notices furnished by ~he New York State 0epar~men~ of Labor. APPRENTICES Employees cannot be paid apprentice rates unless they are individuaily registered in a program registered with the NeN York State Commissioner of Labor. The alloNable ra~io of apprentices to ~ourneyNorkers in any craft classification can be no greater than the sta~eNide building trade ratios promulgated by the Department of Labor and included Nith the Prevailing Rate Schedu&e. An e~131oyee listed on e payroll as an apprentice Nho is no~ registered as above or is performing Nork outside ~he classification of ~ork for which the apprentice is indentured, must be paid the prevailing journeyNorker~s Nage ra~e for the classification of Nork ±he employee is actually performing. Article B of ~he NaN York S~a±e Labor LaN requires that only apprentices individually registered with the New York State Department of Labor may be paid apprenticeship rates on a public Nork project. No other Federal or S~ate Agency or office registers apprentices in NeN York Sta~e. Persons wishing ±o verify the apprentice registration of any person mus~ do so in writing to the: New York State Department of Labor Office of Employabili~y Development/Apprenticeship Training Sta±e Office Campus, Bldg. 12 Albany, NY 12ZqO Fax (518) q57-715~ All reguests for verification must include the name and social security number of the person for whom the information is requested. The only conclusive proof of individual apprentice registration is written verifica*ion from ~he Albany Appren*iceship Training Central Office. Neither Federal nor State Apprenticeship Training offices outside Albany can provide conclusive registration information. It should be noted ~hat the existence of a registered apprenticeship program is not conclusive proof that any person is registered in that program. Furthermore, *he existence or possession of wallet cards, identification cards or copies of state forms is not conclusive proof of the registration of any person as an apprentice. INTEREST AND PENALTIES In the event that an underpayment of wages and/or supplements is found: ~ Interest shall be assessed at the rate then in effect, as prescribed by the Superintendent of Banks pursuant to section lq-a of the Banking Law, per annum from ~he date of underpaymen± to the date restitution is made. ~ A Civil Penalty may also be assessed, not to exceed 25% of ~he to~al of wages, supplements and interest due. DEBARMENT Any contractor or subcontractor and/or i±s successor shall be ineligible to submit a bid on or be awarded any public work contract or subcontract with any state, municipal corporation or public body for a period of five years when: ~ Two willful determinations have been rendered against that contractor or subcontractor and/or its successor within any consecutive six-year period. M There is any willful determination that involves ±he falsification of payroll records or the kickback of wages or supplements. CRIMINAL SANCTIONS Hillful violations of the Prevailing Wage Law (Article 8 of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment, or both. DISCRIMINATION No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national origin, sex, disability or marital status. No contractor, subcontractor nor any person acting on its behalf, shall by reason of race, creed~ color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment rela~es. See Section 220-e(a). No contractor~ subcontractor nor any person acting on its behalf, shall in any manner, discrzminate against or intimidate any employee on account of race, creed, color, disability, sex or national origin. See Section 220-e(b). The Human Rights LaH also prohibits discrimination in employment because of age, marital status or religion. Page deduc~ed 0 t There may be from the amount payable to the contrac or under the contract a penalty of fifty dollars for each calendar day during which such person ~as discriminated against or intimidated in violation of the provisions of the contract. See Section ZZ0-e(c). The contract may be canceiled or terminated by the State or municipality. All monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or condztions of the anti-discrimination sections of the contract. See Section 2Z0-e(d). Every employer sub~ect to the New York State Human Rights La~ must conspicuously post at its offices, places of employment, or employment training centers notices furnished by the State Bivision of Human Rights. HORKERS~ CONPENSATION In accordance Hith Section i~Z of the State Finance Law~ the contractor shall maintain coverage during the life of the contract for the benefit of such employees as required by the provisions of the NeH York State Horkers~ Compensation LaN. A Contractor Hho is aHarded a public work contract must provide proof of workers' compensation coverage prior to being allowed to begin work. The insurance policy must be issued by a company authorized to provide workers' compensation coverage in New York State. Proof of coverage must be on form C~105.2 (Certificate of Horkers' Compensation Insurance) and must name this agency as a certificate holder. If New York State coverage is added to an existing out-of-state policy, it can only be added to a policy from a company authorized to write workers' compensation coverage in this state. The coverage must be listed under item 3A of the information page. The contractor must maintain proof that subcontractors doing Hork covered under this contract secured and maintained a workers' compensation policy for all employees working in New York State. Every employer providing Norkers~ compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Horkers' Compensation Board in a conspicuous place on the ~obsite. UNEMPLOYMENT INSURANCE Employers liable for contributions under the Unemployment Insurance LaN must conspicuously post on the ~obsite notices furnished by the New York State Department of Labor, PH-Z03 (6/01) Page 5 NEW YORK STATE DEPARTMBI~F OF Bureau of Public Work State Office Campus, Bldg. 12 Albany, NY 12240 LABOR JAHES HCMAHON TOHN HALL BOX 1179 SOUTHOLD NY 11971 SUFFOCK COUNTY AGY. OF JURT. S. NAT. OF PROJECT: Schedule Type 2002 Date 12/o6/02 Prevailing Rate Case No. 0207811 01 PROJECT ZD #: HONE TOHN HALL HECHAN'rCAL SYSTEHS -RSOgS HA1N ROAD TO~N OTHER RECON, MA~'~IT, REPA:T.R, ALT Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec. 220.3a of the Labor Law requires that certain information be furnished to the Commissioner of Labor. Accordingly, you MUST complete ONE of these requests for EACH pdme contract let immediately upon notifying a successful bidder for this Public Work project, Photocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above [] Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supplements will be requested. [] CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.) [] Letter of Intent [] Contract Signed [] Resolution Work to be done by this pdme contractor: Type of Contract: CHECK APPLICABLE TYPE [] (01) General Construction [] (02) Heating/Ventilation [] (03) Electrical [] (04) Plumbing [] (05) Other Contractor Information: ALL INFORMATION MUST BE SUPPLIED Federal Employer Identification Number: Name: Address: CONTRACTOR'S TELEPHONE #: ( ) - City: State: Zip: Amount of Contract Approximate Starting Date: / / Approximate Completion Date: / / Estimated Date Entire Project Will be Completed: / / CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contract types) [] (01) General Construction [] (04) Plumbing Signature [] (02) HeatingNentilation [] (05) Other [] (03) Electrical Date PW-16 (7-00) Page O1 ~ Prevailing Rate Schedule ~ New York State ~ ~ Department of Labor .................. ~ ............ Case Number ...... -~ ........................ 0207Bll SUFFOLK 2002 Prevailing Hage Rates for 07/01/02 - 06/30/05 INFORMATION ABOUT PREVAILING RATE SCHEDULE This information is provided to assis~ you in the interpretation of particular requirements for each classification of Horker contained in ~he a~±ached Schedule of Prevailing Ra±es. PAID HOLIDAYS Paid Holidays are days for which an eligible employee receives a regular dayts pay, bu~ is no~ required ~o perform work. If an employee works on a day lis~ed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for ~he work actually performed. OVERTIME Overtime holiday pay is ±he premium pay ~ha~ is required for work performed on specified holidays. I~ is only required where ~he employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required ra~e of pay for ~hese covered holidays can be found in the OVERTIME PAY section listings for each classification. SUPPLEMENTAL BENEFITS Particular attention should be given to the supplemental benefit requirements. Although in mos± cases the payment or provision of supplements is for each hour worked, some classificatzons require the payment or provision of supplements for each hour paid (including paid holidays on which no Hork is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. EFFECTIVE DATES Hhen you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. The rate listed is valid until the next effective rate change or until the new annual determination which takes effect on July I of each year. All contractors and subcontractors are requiredto pay the current prevailing rates of wages and supplements. If you have anyques±ions, please contac~ the Bureau of Public Hork or visit the New York StateDepartmen± of Labor Hebsite (HHH.labor.sta±e.ny.us) for current wage ra~e information. APPRENTICE TRAINING RATIOS The following are the allowable ra±ios of registered Apprentices to Journey- For example, the ratio 1:1,1:5 indicates the allowable initial ra~io is one Apprentice to one Journeyworker. The Journeyworker must be in place on the project before an Apprentice is allowed. Then three additional Journeyworkers are needed before a second Apprentice is allowed. The last fa*in repeats indefinitely. Therefore, three more Journeyworkers must be present before a third Apprentice can be hired,and so on. Please call Apprentice Training Cen±ral Office at (518) q57-6820 if you have any questions. Title (Trade) Ratio Boilermaker 1:1,1:~ Mason 1:1,1:~ Page02 Pr ~iling Rate Schedule New York State apartment of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 Carpenter Electrical (Outside) Lineman Electrician [Inside) Elevator/Escalator Construction & Modernizer Glazier Insulation & Asbestos Horker Iron Horker Laborer Op Engineer Painter Plumber & Steamfitter Roofer Sheet Me~al Horker Sprinkler Fitter l:l,l:q 1:1,1:2 i:I,i:S 1:1,1:2 i:I,i:S l:l,l:q 1:1,1:6 1:1,1:S 1:1,1:5 1:1,1:$ 1:1,1:5 1:1,1:2 1:1,1:3 1:1,1:2 If you have any questions concerning the attached schedule or would like addztional information, please contact the neares~ BUREAU of PUBLIC HORK District Office or Hrite to= New York State Departmen~ of Labor Bureau of Public Hork State Office Campus, Bldg. 12 Albany, NY 122q0 District Office Locations: Bureau of Public Hork - Albany Bureau of Public Hork - Binghamton Bureau of Public Hork Buffalo Bureau o~ Public Hork - Hempstead Bureau c~ Public Hork Rochester Bureau of Public Hork - Syracuse Bureau of Public Hork Utica Bureau of Public Hork - Hhite Plains Bureau o~ Public Hork - New York City Bureau of Public Hork Central Office Updated 12/01/2002 Telephone# FAX # 518-457-2744 607-721-8005 716-847-7159 516-228-591B 585-258-4505 315-428-4056 315-793-2314 914-997-9507 212-352-6088 518-q57-5589 5/23/2001) NOTES Admin. 518-fi85-0240 607-721-8004 716-847-7650 516-794-3518 585-258-~708 $15-~28-4671 515-795-23~2 914-997-952~ 212-552-6186 518-q85-1870 OVERTIME/HOLIOAY CODES OVERTIME Following is an explanation of the code[s) listed in the OVERTIME section of each classification contained in the attached schedule, Additional requiremen(s may also be listed in the HOLIDAY section. A ) Time and one half of the hourly rate after 7 hours per day. AA) Time and one half of the hourly rate a~ter 7 and one half hours per day. B ) Time and one half of the hourly rate a~ter 8 hours per day. BI) Time and one half of the hourly ra~e for ~he 9th S 10th hours Heek days and the 1st 8 hours on Saturday. Double the hourly ra~e for all additional hours. c)C1) Double the hourly rate after 7 hours per day. Double the hourly ra~e after 7 and one half hours per day. D ) Double the hourly rate after B hours per day. Ol) Double the hourly rate after g hours per day. Page 05 ~ Prevailing Rate Schedule ~ New York S±a±e ~ ~ Depar±ment of Labor .................. ~ ............ Case Number ...... ~ ........................ 0207811 SUFFOLK 2002 E ) Time and one half of the hourly rate on Saturday. El) Time and one half 1st ~ hours on Saturday. Double the hourly rate all additional Saturday hours. E21 Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather. E31 Between November 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that Heek due to inclement Heather, provided a given employee has worked between 16 and $2 hours that week. EG) Saturday and Sunday may be used as a make-up day a~ straipht time ~hen a day is lost during that week due to inclement weatner. F Time and one half of the hourly ra~e on Saturday and Sunday. ~ Time and one half of ~he hourly rate on Saturday and Holidays. Time and one half of ~he hourly rate on Saturday, Sunday, and Holidays. I Time and one half of the hourly ra~e on Sunday. J Time and one half of *he hourly rate on Sunday and Holidays. Time and one half of the hourly rate on HoIidays. ~ Double the hourly rate on Saturday. Double ±he hourly rate on Saturday and Sunday. Double the hourly rate on Saturday and Holidays. Double *he hourly rate on Saturday, Sunday, and Holidays. Double the hourly rate on Sunday. Double the hourly rate on Sunday and Holidays. Double the hourly ra*e on Holidays. Tho and one half times the hourly ra±e for Holidays, if worked. Si) Two and one half times the hourly rate the first 8 hours on Sunday or Holidays. One and one half times the hourly rate all addi±ional hours. Four times the hourly rate for Holidays, if worked.  ! Triple the hourly rate for Holidays, if worked. ) Including benefits at SAME PREMIUM as shown for overtime. H ) Time and one half for benefits on all overtime hours. NOTE:BENEFITS are PER HOUR HORKED,for each hour worked, unless otherHise noted HOLIDAYS PAID Holidays: Paid Holidays are days for ~hich an eligible employee receives a regular day's pay, but is not required to perform Nork. If an employee works on a day listed as a paid holiday, ~his remuneration is in addition to payment of the required prevailing rate for the work actually performed. OVERTIME Holiday Pay: Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where ~he employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. Following is an explanation of the code(s) listed in ~he HOLIDAY section of each classification contained in the at~ached schedule. The Holidays' as Iisted below are to be paid at the wage rates at which the employee is normally classified. 1 None. 2 5 7 8 9 Labor Day. Memorial Day and Labor Day. Memorial Day and July Memorial Day, July ~th, and Labor Day. New Year's Day, Thanksgiving Day, and Christmas Day. Lincoln's Birthday, Nashington's Birthday, and Veterans Good Friday. Lincoln's Birthday. Day. Page 04 P, ailing Rate Schedule New York State ,epartment of Labor .................................. Case Humber .................................. 0207811 SUFFOLK 2002 lO Washington's Birthday. 11 Columbus Day. 12 Election Day. Presidential Election Day. 1/2 Day on Presidential Election Day. 15 Veterans Day. 16 Day after Thanksgiving Day. 17 July ~th. 18 1/2 Day before Christmas Day. 19 1/2 Day before New Years Day. 20 Thanksgiving Day. 21 New Year's Day. 22 Christmas Day. Day before Christmas. Day before New Year's Day. 25 Presidents' Day. 26 Martin Luther Ring, Jr. Day. Updated 12/01/2002 Asbestos Worker NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs WAGES: (per hour) 7/01/02 Asbestos Worker ......... $56.11 OVERTIME: See ( C. O, Tn, V ) on OVERTIME PAGE. ~ overtime code T applies to Labor Day only if worked. HOLIDAYS: Paid: Overtime: See ( 1 ) on HOLIDAY PAGE. See ( 5, 6. g, 11, 15, 16, 25 ) on HOLIDAY PAGE. For Rem./Abatement: See ( I ) on HOLIDAY PAGE, APPRENTICES:( 1 )year ±erms at the following percentage of Journeyman's rates. 1st 2nd 5rd qth ~0% 60% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman .............. $ 20.89 Apprentices ............. Same % as wages of $ 20.89 HAGES (per hour) 7/01/02 12/01/02 Rem./Abatemant only~ ...... $ 23.00 Addit. $1.00 per hr. ~On mechanical systems that are not to be scrapped. other removal or abatement refer to Laborer Asbestos Abatement. OVERTIME: Rem./Abatement: Time and One-Half after 8 hours per day and after 5 work days per week. Page 05 ~ Prevailing Rate Schedule ~ New York State ~ ~ Department of Labor .................. ~ ............ Case Number ....... ~ ........................ 0207811 SUFFOLK 2002 Journeyman Ram 8 Abatemen± .......... $ 6.20 9-12 Updated i2/01/2002 Boilermaker OUTCHESS COUNTY: NASSAU COUNTY: NEH YORK CITY: ORANGE COUNTY: PUTNAH COUNTY: ROCKLAND COUNTY: SUFFOLK COUNTY: SULLIVAN COUNTY: ULSTER COUNTY: Entire County Entire County Entire 5 Boroughs Entire County Entire County Entire County Entire Coun±y Entire County Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7-01-02- 6-30-03 Boilermaker ........... $ 35.69 OVERTIME PAY: See ( B~, O. E. Q ) on OVERTIME PAGE. NOTE:( ~* ONLY ON REPAIR WORK) HOLIDAYS: Paid: Overtime: See ( 8, 16, 23, 24 ) on HOLIDAY PAGE. See (4' 6, 11, 12, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4±h 5±h 6±h 7±h 8th 65Z 65Z 70Z 75% 80~ 85Z 90Z gSZ SUPPLENENTAL BENEFITS: (per hour worked) $ 4.59 + 47 Y. of wage rate 4-5 Updated 12/O1/ZOOZ Carpenter - Building and Heavy Highway NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County WAGES: (per hour) 7-01-02- 6-30-03 Building Page 06 P ailing Rate Schedule New York State ~epar±ment of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 Carnen±er .......... $ S2.q2 Heavy/High~ay: Cementer .......... $ S2.q2 OVERTIME PAY: See ( B. E, Q ) on OVERTIME PAGE. NOTE: ON NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND OR, ANY GOVERNMENT MANDATEO OFF SHIFT WORK THE FOLLOWING RATE(S) SHALL APPLY: Monday ~hru Friday q:OOnm *o 12:00am ...... $ 36.31 HOLIDAYS: Paid: Overtime: See ( 18,19 ) on HOLIDAY PAGE. See ( 5,6,16,23,24,25 ) on HOLIDAY PAGE. APPRENTICES : ( 1 ) year terms a* the foliowing Percentage of Journeyman's Wage: BUilding Heavy/~ighway ls± yr qOZ 2nd yr 5SX 55Z Srd yr 65% 65Z qth yr 7SX 75Z SUPPLEMENTAL BENEFITS: Journeyman Anpr ls~ ~ 2nd ~erms Ampr Srd & qth ~erms (per hour worked) $ 22.29 10.90 10.90 q-SUF Updated 12/01/2002 Carpenter - Dockbuilder ALBANY COUNTY: DUTCHESS COUNTY: NASSAU COUNTY: NEW YORK CITY: ORANGE COUNTY: PUTNAM COUNTY: ROCKLAND COUNTY: SCHENECTADY COUNTY: SUFFOLK COUNTY: WESTCHESTER COUNTY: RENSSELAER COUNTY: WAGES: (per hour) En±ire Coun±y Entire Coun±y Entire Coun±y Entire 5 Boroughs Entire Coun±y Entire Coun*y Entire County Entire Coun±y Entire Coun*y Entire CounAy City of Troy Piledriver ................ Dockbuilder ............... 7/01/02 SS.q8 SS.qB OVERTIME PAY: See ( B, E2, 0 ) on OVERTIME PAGE. Page 07 ~$~ Prevailing Rate Schedule ~ Ne~ York State ~ ~ Department of Labor ................... ~ ............ Case Number ....... ~ ........................ 0207811 SUFFOLK 2002 HOLIDAYS: Paid: See { 18, 19 ) on HOLIDAY PAGE. Paid: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices Overtime: See ( 5, 6, 11, 15, 16, 18, 19, 2S ) on HOLIDAY PAGE. APPRENTICES: ( i 1st. ) year terms at the folloHing percentage of Journeyman's 2nd. ~rd. qth. 50~ 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ............... $ 25.6q Apprentices .............. 16.59 9 - lq56 Updated 12/01/2002 Carpenter - Floor Coverer DUTCHESS COUNTY: Entire County NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County 7/01/02 HAGES: (per hour) Carpet/Resilient Floor Coverer ................ $ 35.09 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( Paid: See ( Overtime: See ( 18, 19 ) on HOLIDAY PAGE. 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices 5, 6, ii, 13, 16, i8, I9, 25 ) on HOLIDAY PAGE. APPRENTICES: 1st. qO% 1 ) year terms at the folloHing percentage of Journeyman's 2nd. ~rd. qth. 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................ $ 2~.6q Apprentices 16.39 9 - 2287 Updated 12/01/2002 Page08 Pr ~iling Ra~e Schedule New York S~a~e apar~men± of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 Carpenter - Marine Cons~ruc±ion/Diver NASSAU COUNTY: Entire County MEN YORK CITY: Er*ire 5 Boroughs PUTNAM COUNTY: En*ire County ROCKLAND COUNTY: Entire County HESTCHESTER COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 7/01/02 Marine Cons±puc±ion: Marine Diver .................. $ q1.17 " " Tender ............ $ 30.39 OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( Paid: See ( Overtime: See ( 18, 19 ) on HOLIDAY PAGE. B, 6, 10, 11, i$, 16, 18, 19 ) for 1st & 2nd yr. Appren*ices 5, 6, 10, ii, i3, I6, 18, I9 ) on HOLIDAY PAGE. APPRENTICES: ls~ (1) year terms at ~he following percentage of ~he journeyman's 2nd 3rd ~th 50% 65% 80% SUPPLEMENTAL BENEFITS: [per hour paid) Journeyman ................. $ 23.6~ Apprentices ............... 16.39 9 - lq56 Updated 12/01/2002 Carpen±er - Millwrigh~ NASSAU COUNTY: Entire County NEH YORK CITY: Entire County PUTNAM COUNTY: En*ire County ROCKLAND COUNTY: Entire CounAy SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: En*ire County HAGES: (per hour)' 7/01/02 Building: ' HillHright ..... $ 35.21 OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 18, 19 ) on HOLIDAY PAGE. Paid: See ( 5, 6, 11, 13, 16, 18, 19, Overtime: See ( 5, 6, 11, 13, 16, lB, 19, 25 ) for 1st S 2nd yr. Appren*ices 25 ) on HOLIDAY PAGE. Page 09 ~ Prevailing Ra±e Schedule ~ New York S~ate ~ ~ Department of Labor .................. -~ ............ Case Number ....... ~ ........................ 0207Bll SUFFOLK 2002 APPRENTICES: Nags. 1st. I ) year terms at the folloHing percentage of Journeyman's 2nd. 3rd. qth. 65% 75% 95% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. ~ 25.96 Appr 1st ~erm ............. 17.22 AppP 2nd ±erm ............. 18.85 Appr Srd term ............. 21.18 Appr ~th term ............. 25.70 9-7~0.1 Updated 12/01/2002 Carpen±er - Timberman NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County NAGES: (per hour) 7/O1/O1 Timberman .................. $ 30.59 OVERTIME: See B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See Paid: See Overtime: See 18, 19 ) on HOLIDAY PAGE. 5, 6, 11, 13, 16, 18, 19, 25 ) 5, 6, 11, 15, 16, 18, 19, 25 ) for 1st 8 2nd yr. Apprentices on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms a± ±he following percentage of Journeyman's 1st. 2nd. ~rd. qth. qO% 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman .... ' ...... ' ...... $ 25.6q Apprentices ................ 16.59 g - 1536 Updated 12/01/2002 Core Driller ORANGE COUNTY: South of but including the followin9. Haterloo Mills, Slate Hill, New Hampton, Goshen, Blooming Grove, Mountainvlile, east to the Hudson River. PUTNAM COUNTY: South of but including the following, Cold Spring, Tompkins Corner, Mahopac, Croton Falls, east to Connecticut border. Page'lO P. ailing Rate Schedule New York State apartment of Labor .................................. Case Number .................................. 02078II SUFFOLK 2002 SUFFOLK COUNTY: Hast of Port Jefferson and Patchoque Road to Route ll2 to the Atlantic Ocean, NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs ROCKLAND COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) lO/16/O1 Core Drilling: Driller .................. $ Zq.73 Helper ................... 20.47 Note: HazardousHaste Pay Differential: For Level C, an additional $ 0.25 per hour For LevelB; an additional .75 per hour For Level A, an additional 1.O0 per hour Note: Hhen required to work on water: an additional $ O.Z5 per hour. OVERTIME PAY: See ( B, E, K~, P, R~ ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6 ) on HOLIDAY PAGE. Overtime: * See (5; 6 ) on HOLIDAY PAGE. ~ See ( 8, 10, ll, 13 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 9.59 9-1536 Updated Electrician NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 7-01-02- 5-03-03- 5-02-05 5-O~-Oq Electrician ............ $ 39.00 $ ql.00 Fire Alarm ............. 39.00 ill.00 Audio/Sound ............ 39.00 ql.00 OVERTIME PAY: See ( B,E,~,V~ ) on 0ver~ime Page. HOLIOAYS: Paid= See ( i ) on HOLIDAY PAGE. 0vertime: See ( 5,6,12,16,25 ) on HOLIDAY PAGE. APPRENTICES: ( i ) year terms at the folloHing percentage of Journeyman's wage. 1st 2nd 3rd q±h 5th 6th 35% qOZ qSZ 50Z 60Z 70Z SUPPLEHENTAL BENEFITS: (percents based on hourly wages/others per hour) Journeyman q3.SX + q3.SZ + Page 11 ~ Prevailing RaGe Schedule 0 Depar~men~ of Labor Ne~ York S~a~e ~ .................. -~ ............ Case Number ............................... 0207811 SUFFOLK 2002 App ls~ yr 12.0% + 12.0Z + $ 2.70~ $ 2.90~M App 2nd yr 21.5% + 21.5% + App 3rd yr q3.5% + q3.5% + $ 5.2q~ $ 5.qq~ App q(h yr q3.5% + ~3.5% + App 5ih yr q3.5% + q3.5% + App 6ih yr q3.5% + q3.B% + PUMP & TANK NORK Journeyman ....... 7-01-02- 5-03-03 $ 31.30 OVERTIME; See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: ( 1 ) Overtime: ( 5, 6, 9, 16, 25 ) on HOLIDAYS PAGE. APPRENTICES: One ( I ) year Germs a± ~he following percen~ of ~ourneyman~s ra±e. ls~ 2nd Srd q~h 5~ riO% 50% 60% 70% 85% SUPPLEMENTAL BENEFITS: per hour worked. 50 1/2% of hourly rage q-25 Updated 12/01/2002 Elec±rician - Lineman NASSAU COUNTY: En(ire Coun(y SUFFOLK COUNTY: Er(ire Coun(y For U(iii(y Dis±ribu(ion & Transmission Line Cons(ruc(ion. HAGES: (per hour) 7-01-02- ~-06-03- q-05-03- q-O3-Oq Lineman / Splicer ............... $ 31.10 $ 3q.15 Ma±erial Man .................... 28.80 29.71 Heavy Equip. Opera(or ............ 26.q8 27.32 Groundman ....................... 19.86 20.fi9 Flagman ......................... lq.90 15.37 OVERTIME PAY: See ( B,Q ) on OVERTIME PAGE. Page 12 Pr ~iling Rate Schedule New York State apartment of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 HOLIDAYS: Paid: Overtime: See ( 5,6,8,16,23,25,26 ) on Holiday page. See ( 1 ) on Overtime Page. APPRENTICES: Hage. 1st. 2nd. 60% 65% 1000 hour Periods at the following Percentage of Journeyman's ~rd. qth. 5th. 6th. 7th. 70% 75% 80% 85% 90% SUPPLEMENTAL BENEFITS: (percents based on gross wages-others per hour) 22.50% + 22.50% + $ 4.q3 ~ 5.24 Underground Natural Gasline Mechanic (2" or less): Journeyman U.G.Mechanic ....... OVERTIME: See ( B, E, E2, P ) HOLIDAYS:: Paid: Overtime: 7-01-02- 6-50-03 27.52 See ( 5, 6, 8,.9, 10, 11, 16 ) on Holiday Page. See (1 ) on Overtime Page. Supplemental Benefits: ( per hour worked ) 25.0% + $ q. O0 A-lOAg line Updated 12/01/2002 Electrician - Maintenance NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County "PLEASE NOTE" Applicable to eiectricai maintenance of existing electrical systems including, but no~ limited to traffic signals 8 street lighting. HAGES: (per hour) 7~01-02- q-25-05 Electrician ........ $ 30.76 q-26-O3- q-30-Oq $ 32.30 OVERTIME PAY: See ( B, H, ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( S, 6, 16, 25 ) on HOLIDAY PAGE. Page ~, Prevailing Rate Schedule New York State ~ ~ Department of Labor .................. ~ ............ Case Number ...... ~ ........................ 0207811 SUFFOLK 2002 APPRENTICES: ( 1st 2nd qO% 50% 1 ) year terms at the following wage. 3rd qth Bth 60% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) of Hage + 29% of Hage + 295 2.09 $ 2.21 q-2Bm Updated 12/01/2002 Electrician - Teledata NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County "PLEASE NOTE" This rate does not appi¥ to construction of a new building or a major renovation of an existing one. In those cases the re~uiar Electrician rate applies. Please cai1 Hempstead District Offzce at (516)228-S915 or Fax at (516)79~-~518 to ensure proper rate. HAGES: (per hour) 7-Ol-02- (Teiephone and Integrated Tele-Data Systems) Journeyman ........... $ 28.69 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See (1) on HOLIDAY PAGE. Overtime: See (B,6,i1,12,i6,25)) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman q7.5% + $ 0.83 q-25 Updated 12/01/2002 Electrician - Tree Trimmer NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 7-01-02- 6-30-03 (TREE TRIMMER) Line Clearance Specialist .......... $ 20.qq Page lq P, ailing Rate Scheduie New York State ~epartment of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 OVERTIME: See B, E, P, T ) on OVERTIME PAGE. HOLIDAYS: Paid: See Overtime: See 5, 6, 8. 9, 10. 11. 16, I ) on OVERTIME PAGE. ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) Updated 12/01/2002 12.5% + ~.$7 Elevator - Constructor ROCKLAND COUNTY: Entire County except for the Township of S~ony Point WESTCHESTER COUNTY: Entire County except for the Townships of Bedford, Lewisboro, CortIand, Mt. Kisco, North Salem, Pound Ridge, Somers and Yorktown. NASSAU COUNTY: Entire County NEH YORK COUNTY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WAGES: (per hour) 7/01/02 Elevator Constructor .............. $ $9.50 "Modern. 8 service ............ $ ~1.96 Apprentice: (6) month terms at the following percentage of Journeyman's wage. ls± 2nd 3rd ~th 5th 6th 7th 8th 9th lOth 50% 60% 65% 70% 75% 75% 75% 75% 75% 75% OVERTIME PAY: CONSTR. See ( C, 0 ) on OVERTIME PAGE. OVERTIME PAY: MODERN./SERV. See ( B, H ) on OVERTIME PAGE. HOLIDAYS: Overtime: See ( , 16 on HOLIDAY PAGE. 16 on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman and Apprentices: Construction ................... $ 16.735 Appr. 1st year ................ 11.305 Appr. 2nd year ................ 12.fi35 Appr. 3rd year ................ Appr. ~th year ................ Appr. 5th year ................ 15.305 Modern./Service ................ 15.7~5 Appr. 1st year ................ 10.785 Appr. 2nd year ................ 11.~5 Page 15 ~ Prevailing Rate Schedule ~ NeH York State ~ ~ Departmen± of Labor .................. ~ ............ Case Number ...... ~ ........................ 0207811 SUFFOLK 2002 AppP. 3rd year ................ 12.305 Appr. ~th year ................ 13.$05 Appr. 5th year ................ 14.~65 g-1 Updated 12/01/2002 Glazier DUTCHESS COUNTY: Entire county NASSAU COUNTY: Entire county NEH YORK CITY: Entire 5 boroughs ORANGE COUNTY: Entire county PUTNAM COUNTY: Entire county ROCKLAND COUNTY: Entire county SUFFOLK COUNTY: Entire county SULLIVAN COUNTY: Entire county ULSTER COUNTY: Entire county HESTCHESTER COUNTY: Entire county MAGES: (per hour) 5/01/02 Glazier .................. $ 32.20 OVERTIME PAY: See ( C, O ) on OVERTIME PAGE. HOLIDAYS: Paid: Overtime: See ( 1 ) on HOLIDAY PAGE. See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of ls± 2nd 3rd 4th qO% 50% 60% 80% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............. ~ 20.12 Appr 1st term .......... 6.q5 Appr 2nd term .......... 12.49 Appr 3rd term .......... 14.01 AppP qth term .......... 17.47 9-1087 (DC9 NYC) Updated 12/01/2002 IronHorker - Derrickman/Rigger NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY= Entire County HESTCHESTER COUNTY: Entire County Page 16 P ailing Ra~e Schedule New York $~a~e ~epar~men~ of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 HAGES: (per hour) 7/01/02 Derrickman/Rigger .......... $ 3~.46 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) Overtime: See ( 5, on HOLIDAY PAGE. 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) wage'is± 2nd 50% 60% year ~erms a~ ~he following percentage of journeyman's 3rd 4~h 5~h 6~h 70% 80% 90% 90% SUPPLEMENTAL BENEFITS: (met hour worked) $ 26.41 9-i97 Upda±ed 12/01/2002 Ironworker - Ornamental NASSAU COUNTY: En±ire County NEH YORK CITY: Eh±ire 5 Boroughs SUFFOLK COUNTY: En±ire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 7/01/02 Ornamental ................. $ 40.i5 Chain Link Fence ........... 40.iS Guide Rail Installation .... 40.15 OVERTIME PAY: See ( A, D1, Ex, Q, V ) on OVERTIME PAGE. ~Double ~ime after 7 hours on Saturday. HOLIDAYS: Paid: Over±ime: See ( 1 ) on HOLIDAY PAGE. See ( 5, 6, 8 ) on HOLIDAY PAGE. APPRENTICE (1/2) year ±erms a~ ~he following percentage of Journeyman's lsd. 2nd. 5rd. 4~h. 5±h. 6~h. 60% 65% 70% 80% 85% 95% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman .............. $ 19.qO Appr ls± ~erm ........... 16.94 Appr 2nd ~erm ........... 17.24 Appr ~rd ~erm ........... 17.55 Appr 4~h ~erm ........... 18.17 Appr 5~h ~erm ........... 18.48 Page 17 ~ Department of Labor New York Sta~e ~ Prevailing Rate Schedule ~ ..............................-~ Case Number ....... ~ ........................ 0207811 SUFFOLK 2002 Appr 6th term ........... 19.09 9-580 Updated 12/01/2002 Ironworker - Reinforcing ROCKLAND COUNTY: Southern Section NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/01 Reinforcing & Metal Lathing ............. $ 35.05 OVERTIME PAY: See ( A, E, P, V ) on OVERTIME PAGE. HOLIDAYS: Paid: Overtime: See ( I ) on HOLIDAY PAGE. See { 5, 6, 8, 10, 11, 13, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st 2nd 3rd ~th $20.80 $25.00 $26.45 $29.90 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............ $ 21.fl3 Apprentices: ls± term .............. 13.q3 2nd term .............. 1~.68 3rd term .............. 16.68 qth term .............. 17.68 9-q6 Updated 12/01/2002 Ironworker - Structural NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 1/01/02 Structural ................ $ q3.80 Riggers ................... q3.80 Machinery Movers .......... ' " Erectors ........ q3.80 OVERTIME PAY: See ( B, E~, Q, V ) on OVERTIME PAGE. ~ for 1st 8 hours~ double time thereafter. _ Pagel8 P ailing Rate Schedule New York State Jepartment of Labor .................................. Casa Number .................................. 0207811 SUFFOLK 2002 HOLIDAYS: Paid: See ( 18, 19 ) on HOLIDAY PAGE. Ovartime: See ( 5, 6, 8, lB, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following wage. 1st. 2nd. Std. ~th. 5th. 6th. $ 23.65 2q.25 Z~.25 2q.85 2q.85 2~.85 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............... $ 2q.23 Apprentices ............. 19.OB 9-q0/361 Updated 12/01/2002 Laborer - Building NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 7-01-02- 06-30-0~ Building Laborer: $ 2q. O0 ~(For Abatement Rate See Below) OVERTIME PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( i ) on HOLIDAY PAGE. Overtime: See ( 5,6,7,11,12 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 16.91 APPRENTICES: Regular Hour Terms ( No± available for Abatement Hork) TERMS HAGES/HR SUPPLEMENTS/HR 1 hr. to 1000 hrs ............ $ lq. O0 $ 6.00 1001 hrs. *o 2000 hrs. 15.00 7.00 2001 hrs. ~o 3000 hrs. 17.00 7.00 3001 hrs. to qO00 hrs. 20.00 7.00 ~ABATEMENT ONLY Abatement Hork Only: Supplemental Benefits: ( per hour worked ) Updated 12/01/2002 07-01-02- 12-01-02- 11-30-02 11-30-03 $ 2q. O0 $ 1.00 adtl. $ q. O0 $ q. O0 q-66 Laborer - Excavation Page 19 ~ Prevailing Rate Schedule ~ New York State ~ ~ Department of Labor ................... ~ ............ Case Number ....... ~ ........................ 0207811 SUFFOLK 2002 NASSAU COUNTY: Entire County NEH YORK CITY: Entire County SUFFOLK COUNTY: Entire County WAGES: (per hour) 7/01/02 Laborer/Excavation: Basic .......................... $ 28.74 Flagman ........................ 28.74 Pipelayer ...................... 28.74 Tree Work, Landscape ........... 28.74 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 2, 20 ) on HOLIDAY PAGE. Overtime: See (B~ 6, I1, 13 ) on HOLIDAY PAGE. APPRENTICES: wage. 1st BOX 1000 hour terms at the following percentage of 5ourneyman's 2nd 3rd 4th 60Z 75Z 90Z SUPPLEMENTAL BENEFITS: (per hour worked) $ 16.64 9-731Ex Updated 12/01/2002 Laborer - Free Air NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County GROUP A: Bias±ers. GROUP B: Tunnel workers ~ ~ (inciuding Miners, Drili Runners, Iron Men, Maintenance Men, Conveyor Men, Safety Miners, Riggers, Block Layers, Cement Finishers, Rod Nan, Caulkers, Powder Carriers, Miners~ Helpers, Chuck Tenders, Track Men, Nippers, Brake Men,Derail Men. Form Men, Bottom Beii. Top Bell or Signal men. Form Horkers, Movers, Concrete Workers, Shaft Men, Tunnel Laborers and Caulkers' Helpers). GROUP C: Powder Watchmen, Top Laborers and Changehouse Attendants. HAGES: (per hour) 7/01/99- 7/01/00 7/01/01 Laborer (Tunnel)-FREE AIR: addit, addi±. Group A ...................... $ 26.03 2.247/hr 2.247/hr Group B ...................... $ 24.90 2.15/hr 2.1S/hr Group C ...................... $ 23.005 1.99/hr 1.99/hr Small Bore Micro Tunnel Machines For Repairs on Existing Water Tunnels 80% of rates above 90% of rates above -- Page 20 F ailing Rate Schedule New York State ~epartment of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 For Repairs of Sewer & Drainage Tunnels For Repair & Maintenance of ail Subway Vehicuiar Tunnels 85% of rates above 80% of rates above OVERTIME PAY: For Laborer (Free Air) See ( D. M, R~ ) on OVERTIME PAGE. For Repair Categories See (B; F; R~ ) on OVERTIME PAGE. 8 Micro Tunneling ~ Straight time first 8 hours, double time after 8 hours. HOLIDAYS: Paid: Overtime: See ( 11, 12, 15, 2B ) on HOLIDAY PAGE. 11, 12, 15, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS GROUP A 26.18% of straight time hourly rate + $17.585 per hour paid + .28 per hour worked + 3.00 per day + .16 per hour on Overtime Hours. GROUP B 26.18% of straight time hourly rate + $16.825 per hour paid + .28 per hour worked + 3.00 per day + .16 per hour on Overtime Hours. GROUP C 26.18% of straight time hourly rate + $15.SqGper hour paid + .28 per hour worked + 3.00 per day + .16 per hour on Overtime Hours. 80% of rates above Small Bore Micro Tunnel Machines For Repairs on Existing Hater TunneIs For Repairs of Sewer & Drainage Tunnels For Repair & Maintenance of all Subway & Vehicular Tunnels 90% of rates above 85% of rates above 80% of rates above 9-1q7Tnl/Free Updated 1Z/OI/2OOZ Laborer - Heavy High~ay NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County Laborer (Heavy/Highway): GROUP # l: Asphalt Rakers and Formse~ters. GROUP # 2: Asphalt Shovelers, Roller Boys and Tampers. GROUP # 3: Basic Laborer, Power Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete. Page 21 ~ Prevailing Rate Schedule ~ New York S~a~e ~ ~ Department of Labor .................. ~ ............ Case Number ...... -~ ........................ 0207811 SUFFOLK 2002 WAGES: (per hour) 7-01-02- 6-30-03 Laborer: GROUP # 1 ............. $ 28.12 GROUP # 2 ............. 27.q0 GROUP # $ ............. 25.23 NOTE: PREMIUM PAY 20% on straigh~ ~ime hours for NEW YORK STATE D.O.T and o~her GOVERNMENTAL MANDATED off-shift work, APPRENTICES: ( 1 ) year terms at the following Percentages of Journeymans Wage. 1st year .......... BO% 2nd year .......... 90% OVERTIME PAY: See ( B, E2, F ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Over±ime: See ( 1 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) (After forty hours paid) $ 14.77 $ 9.17 q-1298 Updated 12/01/2002 Laborer - Tunnel Compressed Air NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County GROUP 1: Blasters, Mucking and Machine Opera~ors. GROUP 2: Tunnel Workers* * (including Miners, Drill Runners,Iron Men, Maintenance Men, Inside Muck Lock Tender, Pumpmen~ Electricians, Cement Finishers. Rod Men, Caulkers, Carpenters, Hydraulzc Men, Shield Drivers~ Monorail Operators, Motor Men, Conveyor Men, Safety Miners, Powder Carriers, Pan Men, Riggers, Miner's Helpers, Chuck Tenders, Track Men, Nippers, Brake Man, Form Workers, Concrete Workers, Tunnel Laborers, Caulker's Helpers), Hose Men, Grout Men, GraveI Men, Derail Men and Cable Men. GROUP $: Top Nippar ' GROUP 4: Outside Man Lock Tender, Ou±side Muck Lock Tender, Shaft Men,Gauge Tender and Signal Men. GROUP 5: Powder Watchmen, Top Laborers and Changehouse Attendants. HAGES: (per hour) 7/01/99 7/01/00 7/01/01 Laborer(Compressed Air): addi*, addit. GROUP 1 ..................... $ 27.256 2.35/hr 2.35/hr GROUP 2 ..................... 26.325 2.27/hr 2.27/hr GROUP $ ..................... 25.837 2.23/hr 2.23/hr Page 22 P ailing Rate Schedule New York Sta~e ,epar~men~ of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 GROUP q ..................... 25.57 2.19/hr 2.19/hr GROUP 5 ..................... 22.975 1.99/hr 1.99/hr OVERTIME PAY: See ( D, M, Ex ) on OVERTIME PAGE. NOTE: Time and one-half be paid for ali overtime repair-maintenance work on existing equipmen~ and facilities. M S~raight ~ime firs~ 8 hours, double time after 8 hours. HOLIDAYS: Paid: Overtime: See ( 11, 12, ii, 12, i5, 25 ) on HOLIDAY PAGE. 15, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS GROUP 1 26.18% of hourly ra~e + $ 18.ql per hour paid + .28 per hour worked + 5.00 per day+ .16 per Overtime Hour . GROUP 2 26.18% of hourly rate + 917.78 per hour paid + .28 per hour worked 5.00 per day+ .i6 per Overtime Hour GROUP 5 26.18% of hourly ra~e + $17.~55 per hour paid + .28 par hour worked + 5.00 per day + .16 per overtime hour 26.18% of hourly ra±e + $ 17.1ql per hour paid + .28 per hour worked + 5.00 per day + .16 per overtime hour GOURP ~ GROUP 26.18% of hourly rate + $15.585 per hour paid + .28 per hour worked + 3.00 per day + .I6 per overtime hour 9-1q7Tnl/Comp Air Updated 12/01/2002 Mason - Building Bricklayer NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HAGES: (par hour) 7/01/02 Building: Bricklayer ................. $ 55.95 OVERTIME PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. Page 23 ~ Prevailing Ra~e Schedule ~ New York S±a±e ~ ~ Depar~men± of Labor .................. -~ ............ Case Number ...... -~ ........................ 0207811 SUFFOLK 2002 HOLIDAYS: Paid: See ( Overtime: See ( 1 ) on HOLIDAY PAGE. 5, 6, 10 ) on HOLIDAY PAGE. APPRENTICES: BO% ( 750 hour ) ~erms a~ ~he following percentage of Journeyman's 2nd 3rd q~h 5TH {500 Hfs) 6TH (500 Hrs) 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............... $ I6.62 Appr ..................... 9.19 9-iBrk Updated I2/01/2002 Mason - Building Mosaic and Terrazzo Morker NASSAU COUNTY: Eh±ire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County NESTCHESTER COUNTY: Entire County HAGES: (per hour) 7/01/02 Building: Mosaic & Terrazzo Horker .......... " Helper .......... $ 53.67 OVERTIME PAY: See ( A. E, Q, V~ ) on OVERTIME PAGE. ~ $ 5.~5 added ~o supplements. HOLIDAYS: Paid: Overtime: See ( 1 ) on HOLIDAY PAGE. See ( 5, 6, 8, 11, 15, 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 16.35 9-7/$ Updated 12/01/2002 Mason - Building Tiie Layer NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Eh±ire Coun±y HAGES: (per hour) 11/01/99 Building: Page Zq P; ~iling Rate Schedule New York State apartment of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 Tile Layer ............... $ 31.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)terms at the ~ollowing percentage of journeyman's ~age. 50% 55% 65% 75% 85% 95% SUPPLEMENTAL BENEFITS: (per hour worked) $ 1~,82 9-7/52 Updated 12/01/200Z Mason - Cement NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County NAGES: (per hour) 7/01/00 Cement Mason ............ $ 35.00 7/01/01 Addit. $2.2B/hr. OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See OVERTIME: ( 1 ) on HOLIDAY PAGE. See ( 5, 6, 8, 11, 15, Z5 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wages and fringes. 50% 60% 70X BO% 90% 95% SUPPLEMENTAL BENEFITS: (per hour worked) $ 16.13 g-780 Updated 12/01/2002 Mason - Marble NASSAU COUNTY: Entire County Page 25 =sm. Prevailing Rate ScheduIe ~ New York State ~ ~ Department of Labor .................. -~ ............ Case Number ....... ~ ........................ 0207811 SUFFOLK 2002 NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 1/O1/O0 Building: Marble/ Sawyer, Rubber ~ Polisher ................... $ 29.98 Marble Restoration Pinishers .................... 15.07 OVERTIME PAY: See ( A, E, Q, V ) on OVERTIME PAGE. HOLIDAYS: Paid: Overtime: Journeymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance and 1ST three terms of Apprentices See ( 5. 6, 11. 15 on HOLIOAY PAGE. All others See ( 1 on HOLIDAY PAGE. See ( 5, 6, 11, 15 on HOLIDAY PAGE. APPRENTICES: [ 1/2 ) year terms at the following percentage of Journeyman's ~st 2nd 3rd qth 5th 6th 7th 8th 50% 55% 60% 65% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman .................. $ I2.33 Cleaner/Maintenance ......... 2.40 Appr .......................... 5.80 + wage percentage of $ 6.09 9-7/24 Updated 12/01/2002 Mason - Marble Cutters and Setters NEH YORK CITY: Entire 5 Boroughs EXCEPT for projects that fall within a fifty-mile radius of Columbus Circle in New YOrK City. HESTCHESTER COUNTY: £ntire county NAGES: (pep hour) 1/01/00 Building: Marble Cutters & Setters .................... $ 3q. B8 OVERTIME PAY: See ( B, O, V ) on OVERTIME PAGE attached. HOLIDAY: Paid: Journeymen receive 1/2 days pay for Labor Day. Apprentices 1St three terms See ( 5, 6, 8, 11, 15 ) on HOLIDAY PAGE, Plus any day following a Thursday or Sunday Holiday. ~All others See ( 1 ) on HOLIDAY PAGE. Overtime= See ( 5, 6, 8, 11, 15, ) on HOLIDAY PAGE. - Page 26 P. ~iling RaGe Schedule New York SGaGe eparGmenG of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 APPRENTICES: ( 1/2 ) year Germs aG Ghe following percentage of journeyman's wag~t- 2nd 3rd 6GH 5Gh 6Gh 50Z 55% 65Z 70% 80% 95Z SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ................ $ 15.65 Appr 5.90 + wage percentage of $ 9.75 9-7/~ UpdaGed 12/01/2002 Mason - Marble Rigger NASSAU COUNTY: EnGire CounGy NEH YORK CITY: EnGire 5 Boroughs SUFFOLK COUNTY: EnGire CounGy HESTCHESTER COUNTY: EnGire County NAGES: (per hour) 1/01/00 Marble-Riggers? Crane 8 DerricKman ........ $ 28.72 OVERTIME PAY= See ( C, O, V ) on OVERTIME PAGE. HOLIDAY: Paid: OverGime: 1/2 Day for Labor Day. See ( 5, 6, 8, 11, lB, 25 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) 16.82 9-7/20 UpdaGed 12/01/2002 Mason - Paver NASSAU COUNTY: EnGire County NEH YORK CITY: EnGire B Boroughs SUFFOLK COUNTY: EnGire County ~ Shall include bug nog iimited Go: firad clay brick pavers, pre-casG con- crete slabs (london walks), pressed concreGe pavers~ cobbla stone, aII Gypas of flagging, asphalG concreGe pavers- asphalGzc cemenG sand and stone aggregaGe, uniG $afeGy surface. HAGES: (per hour) 8/01/99 Journeyman. .$ Z4.IZ OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. Page 27 ~ Prevailing RaKe Schedule ~ New York S±ate ~ ~ Department of Labor .................. -~ ............ Case Number ....... ~ ........................ 0207811 SUFFOLK 2002 HOLIDAYS: Paid: Overtime: See ( 1 ) on HOLIDAY PAGE. See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ........................ $ 10.76 Appr .............................. 6.08 9-1 Paver Updated 12/01/2002 Mason - Plasterer NASSAU COUNTY: Entire County NEW YORK CITY: Only Brooklyn and Queens Counties SUFFOLK COUNTY: Entire County WAGES: (per hour) 7/01/02 Building: Plasterer/Traditional .............. $ $1.6G OVERTIME PAY: See ( C, EZ, 0 ) HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE Overtime: See ( 5, 6, 8, 11, 15, 25 ) APPRENTICES: First year: Second year: Third year: SUPPLEMENTAL BENEFITS: ( per hour worked ) Journeyman ....................... $ 15.16 Appr. 1st ~erm ................... 6.15 Appr. 2nd term ................... 6.94 Appr. 3rd ~erm ................... 8.50 Appr. 4th ~erm ................... 9.29 Appr. 5th ~erm ................... 10.85 Appr. 6th term ................... 11.64 ( 1 ) year terms at ~he following wage rates. 1st 6 months 2nd 6 months qo% 45% 1st 6 months 2nd 6 months 55% 60% Ist 6 months 2nd 6 months 70% 75% 9-530 Updated 12/01/2002 Mason - Pointer/Caulker/Cleaner NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County _ Page 28 P ~iling Rate Schedule New York S~ate apartment of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 WAGES (per hour) 7/01/02 Pointer, Cleaner,& Caulker (Mason) ........... $ ~1.87 OVERTIME PAY: See ( B, H, E2 ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) Overtime: See ( 5, on HOLIDAY PAGE. 6, 25, 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1 1st 2nd $16.20 19.90 ) year terms at the following wage rates. 5rd qth 2q,25 29.60 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............. Appr Ist term .......... Appr 2nd term .......... 4.50 Appr ~rd term .......... 6.50 Appr 4th term .......... 6.50 9-1PCC Updated 12/01/2002 Mason - Stone Setters NASSAU COUNTY: Entire County NEH YORK CITY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 7/01/00 7/Oi/O1 Stone Setter ............. $ 41.19 addit. $2.24/hr. Stone Tender ............. 28.75 addit. $1.45/hr. OVERTIME PAY: See ( A, Ox ) on OVERTIME PAGE. ~ first 7 hours on Sat. at time and a half. ~ first 2 hours on weekdays at time and a half. HOLIDAYS: Paid: See Overtime: See ( 18 ) on HOLIDAY PAGE. ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hour ) terms at the following percentage of ~ourneyman's wageist. 2nd. Std. 4th. 5th. 6th. 50% 60% 70% 80% 90% 100% SUPPLEMENTAL BENEFITS: (per hour paid) Stone Setter ............ $ 17.53 Stone Tender ............ 9.07 ~ Page 29 ~ Prevailing Rate Schedule ~ New York State ~ ~ Department of Labor .................. -~ ............ Case Number ...... -~ ........................ 0207811 SUFFOLK 2002 ls± thru Srd ~erm Appr.. 10.96 All other Apprs ........ 17.35 9-1Stn Updated 12/01/2002 Mason - Tile Layer Helper and Finisher NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs PUTNAM COUNTY: Entire County ROCKLANO COUNTY: Entire County SUFFOLK COUNTY: Entire County WESTCNESTER COUNTY: Entire County WAGES: (per hour) 12/01/9g Building: Tile Layer Helper & Finisher .................... $ 26.24 OVERTIME PAY: See ( A, E, Q ) ON OVERTIME PAGE. HOLIDAYS: Paid: Overtime: See ( 1 ) on HOLIDAY PAGE. See ( 5, 6, 8, lO, 11, 15, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 12.q8 9-7/88 Updated 12/01/2002 Me~al Polisher ALBANY COUNTY: En±ire County ALLEGANY COUNTY: Entire County BROOME COUNTY: Entire County CATTARAUGUS COUNTY: Entire County CAYUGA COUNTY: Entire County CHAUTAUQUA COUNTY: Entire County CHEMUNG COUNTY: Entire County CHENANGO COUNTY: Entire County CLINTON COUNTY: Entire County COLUMBIA COUNTY: Entire County CORTLAND COUNTY: Entire County DELAWARE COUNTY: Entire County DUTCHESS COUNTY: Entire Count ERIE COUNTY: Entire Count ESSEX COUNTY: Entire Coun~ FRANKLIN COUNTY: Entire Coun~ FULTON COUNTY: Entire Coun~ GENESEE COUNTY: Entire Coun~ GREENE COUNTY: Entire Coun~ HAMILTON COUNTY: Entire Coun~ HERKIMER COUNTY: Entire Coun~ JEFFERSON COUNTY: Entire Coun~ LEWIS COUNTY: Entire County LIVINGSTON COUNTY: Entire County MADISON COUNTY: Entire County MONROE COUNTY: Entire County MONTGOMERY COUNTY: Entire County ONEIDA COUNTY: Entire County ONONDAGA COUNTY: Entire County ONTARIO COUNTY: Entire County ORANGE COUNTY: Entire County ORLEANS COUNTY: Entire County OSWEGO COUNTY: Entire County OTSEGO COUNTY: Entire County PUTNAM COUNTY: Entire County RENSSELAEE COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: Entire County SCHENECTADY COUNTY: Entire County SCHOHARIE COUNTY: Entire County SCHUYLER COUNTY: Entire Coun±y SENECA COUNTY: Entire County STEUBEN COUNTY: Entire County ST. LAWRENCE COUNTY: Entire County SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County TIOGA COUNTY: Entire County TOMPKINS COUNTY: Entire County ULSTER COUNTY: Entire County WARREN COUNTY: Entire County WASHINGTON COUNTY: Entire County HAYNE COUNTY: Entire County MESTCHESTER COUNTY: Entire County WYOMING COUNTY: Entire County Page 50 P~ ~iling Ra~e Schedule New York S~a~e epar~men~ of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 NASSAU COUNTY: Entire County YATES COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs NIAGARA COUNTY: Er±ire Coun±y HAGES: (per hour) 6/01/02 6/01/05 6/01/04 Me,al Polisher ........ $ 20.42 21.15 21.98 Ail workers shall be paid a premium in an amoun~ equal ~o AHen~y ( 20% ) per can± of ~heir basic s~raigh~ ~ime ra*e of pay for ali Aime worked on hanging scaffolds end on s~anding scaffolds while working more ~han 28 fee~ off ~he ground, such premium ~o Be paid on ±op of ~heir s~raighA ~ime or overtime, whichever is applicable. OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAY: Paid: See (5,6,9,11,15,16,25) on HOLIDAY PAGE. Over±ime: See (5,6,g,11,15,16,25) on HOLIDAY PAGE APPRENTICES: 55% of Basic Polisher Ra~e (~) SUPPLEMENTAL BENEFITS: (% of To~al Wages) Journeymen & Apprentice 55% of Wages 9 - 8A/28A Updated 12/01/2002 Opera~ing Engineer - Building NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County BUILDING CATEGORIES: CLASS "AA "CRANES: Crane. Truck Crane, Derrick, Draglinaz Dredge, Crawler Crane, Tower Crane &Pila Driver. CLASS "A": Asphal~ Spreader. Backhoe Crawler, Boiler, Boring Machine~ Cherry .Picker (over 50 ~ons), Concre*e Pump{ Gradall, Grader, Hoist, Loading Machine (10 yds. or morel.Milling Machine, Power Hinch- S~one Se**ing/S±ruc~ural S,eel & Truck Maun*ed, Powerhouse. Road Paver, Scoop-Carryall-Scraper in Tandem, Shovel, Sideboam Tractor, BAche Spreader (self-propelled), Tank Hork, Tower Crane Engineer. CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker (under 50 Tons), Conveyor-Mul~. Dinkey Lacomo±ive, Fork Lif~z Hois~ (2 Drum), Loading Machine & Fron* Loader~ Mulch Machine (Machine Fed), Power Minches (No~ Included ~n Class "A"), Asphal* Railer, Hydraulic Pum~ wi~h Boring Machine, Scoop~ Carryall, Scarer, Maintenance Man on Tower Crane, Trenching Machine, Vermeer Cu,*er, Mork Boa~. CLASS "C": Curb Machinee Main*enance Engineer (Small Equip. &Helt Poin*). Field Mechanic, Milling Machine (Small), Pulvi Mixer, Pumps (all), Page 31 ~ Prevailing Rate Schedule ~ New York State ~ ~ Department of Labor .....................~' ' ......... Case Number ....... ~ ........................ 0207811 SUFFOLK 2002 Roller (dirt), Ridge Cutter, Var-All, Shotblaster, Striping Machine, Interior Hoist~ Concrete Finish Machine, Concrete Spreader, Conveyer, Curzng Machine, Hoist (one drum). CLASS "D": Concrete Breaker, Concrete Saw/Cutter, Fork Life or Halk Behind (power operated), Generator, Hydra Hammer. Compactors (mechanical or hand operated), Pin Puller, Portable Heaters, Power Booms, Power Buggies, Pump [double action diaphragm). CLASS "E": Batching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump [gypsum), Pump [single action diaphragm), Stump Chipper, Trace Tamper, Trac±or (caterpiller or wheel), Vibrator, Oeckhand on Horkboat. HAGES: (per hour) 7-01-02- 6-30-03 Class "AA" ............... 9 37.3q Cranes: Boom length ove~ 100 feet ad~ $ 0.50 per ho~r " 150 " 9 0.75 " " " " 250 " " $ 1.00 " " " " " 350 " " $ 1,50 " " Class 'A" ............... $ 35.18~ ~Add 93.50 for Hazardous Haste Hork Class "B" ................ 9 33.29~ ~Add 92.50 for Hazardous Haste Hork Class "C" ................ 9 32.0q~ ~Add $1.50 for Hazardous Haste Hork Class "D" ................ $ 29.50 Ciass "E" ................ 28.23 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5,6,8,11,15,16,25 ) on HOLIDAY PAGE. "NOTE": Employee must be employed day before and day after a holiday to receive hol[day pay. Overtime: See ( 5,6,8,11,15,16,25 ) on OVERTIME PAGE. APPRENTICE ( 1 ) year terms at the following rates; 1st yr ................... $ 18.q7 2nd yr ................... 19.21 3rd yr ................... 1~.79 SUPPLEMENTAL BENEFITS: (per hour worked) ALL CLASSES .............. 9 23.5q Note: OVERTIME AMOUNT ..... 22.60 APPRENTICES .............. 9 13.89 Note: OVERTIME AMOUNT ..... 5.60 q-138 Updated 12/01/2002 Operating Engineer - Heavy Highway - Page 32 P~ ailing Rate ScheduIe New York State ~epartment of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HEAVY/HIGHHAY CATEGORIES= CLASS "AA" CRANES= Crane, Truck Crane, Derrick, Dragline( Dredge, CraHler Crane, ToNer Crane, Pile Drzver. CLASS "A"= Asphalt Spreader. Backhoe Crawler, Boiler Cherrypicker (over 50 ions), Concrete Pump, Grader. Grade11( Hoist Loading Machine 10 yds. or more), Milling Machine, Power Hinch-Stone Setting/Structural Steel or Truck Mounted, Powerhouse, Road Paver, Scoop-Carryall-Scaper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (self propelled), Tank Hark, Track Alignment Machine. CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger. Cherry Picker (under 50 tons), Conveyor-Mult1. Dinky Locomotive, Fork Lift. Hoist (Z drum), Loading Machine & Front Loader. Hulch Machine (machine fed). Power Hinches (all others not included in CLASS A), Asphalt Roller, Hydraulic Pump with Boring Machine, Scoop, Carryall, Scaper, Maintenance Man on To.er Crane, Trenching Machzne, Vermaer Cutter, Hark Boat. CLASS "C": Curb Machine( Main±enance Engineer (Small Equip. & Hell Point), Field Hechanzc, Milling Machzne (Small), Pulvi-Mixer, Pumps, Roller (Dir~), Vac-All, Helding/Burning. Compressor (Structural Steel & 2 or more Ba±teries)~ Concrete Finish Machine~ Concrete Spreader. Conveyor, Curing Machine. Fireman. Hoist (One Drum), Ridge Cutter, Striping Machine, Helding Machine (Structural Steel & Pile Hork). CLASS "D": Compressor (Pile,Crane~Stone Setting), Concrete SaH Cutter/ Breaker, Hark Lift (Halk Behind, Power Operated), Generator (Pile Hork),Hydra Hammer, Hand Operated Compactor, Pin Puller, Portable Heater, Powered Broom/Buggy/Grinder, Pump (Singie Action-i to 5 Inches/Gypsum/Double Action Diaphragm), Hand Trenching Machine, HeIding Machine. Ba±ching Plant, Generator, Grinder, Mixer, Muiching Machine, Oiier, Pump (Centrifugal up to $ In.). Root Cutter, Stump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand on Hark Boat. CLASS "E": HAGES (per hour) 7-01-02- 6-30-03 Class "AA" ............... $ 38.~5 Cranes: Boom Length over 100 f~e~ a~d $ 0.50 p~r h~ur " 150 ~ 0.75 " " '" 250 " " ~ 1.00 " " " " " ~50 " " $ 1.50 " " Class "A" ................ $ 36.19~ ~Add $3.50 for Hazardous Haste Hark. Class "B" ................ ~Add $2,50 for Hazardous Haste Hark. Class "C" ................ ~Add $1.50 for Hazardous Haste Hork Class "D" ................ $ 29.88 Page 33 al~ Prevailing Rate Schedule ~ New York State ~ ~ Department of Labor -' ................ ~ ............ Case Number ....... ~ ........................ 0207811 SUFFOLK 2002 Class "E" ................ 28.61 "NOTE":PREMIUM PAY 202 on straight time hours for NEH YORK STATE- D.O.T. and other GOVERNHENTAL MANDATED off-shift work. OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5~ 6, 7, 8, 11 ) on HOLIDAY PAGE. NOTE": Employee must be employed day before and day after a holiday to receive holiday pay. Overtime: See ( 5, 6, 7, 8, 11 ) on OVERTIME PAGE. APPRENTICE ( 1 ) year terms at the following rates; 1st yr .................. $ 18.q7 2nd yr .................. 19.21 3rd yr .................. i9.79 SUPPLEMENTAL BENEFITS: (per hour worked) ALL CLASSES ............. $ 23.54 Note: OVERTIME AMOUNT... 22.60 APPRENTICES ............. $ 13.89 Note: OVERTIME AMOUNT... 5.60 4-138 Updated 12/01/2002 Operating Engineer - Marine Construction ALBANY COUNTY: Entire Count ONEIDA COUNTY: Entire County ONONDAGA COUNTY: Entire County ONTARIO COUNTY: Entire County ORANGE COUNTY: Entire County ORLEANS COUNTY: Entire County OSHEGO COUNTY: Entire County OTSEGO COUNTY: Entire County PUTNAM COUNTY: Entire County RENSSELAER COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: Entire County SCHENECTABY COUNTY: Entire County SCHOHARIE COUNTY: Entire County SCHUYLER COUNTY: Entire County SENECA COUNTY: Entire County STEUBEN COUNTY: Entire County ST. LAHRENCE COUNTY: Entire County SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County TIOGA COUNTY: Entire County TOMPKINS COUNTY: Entire County ULSTER COUNTY: Entire County HARREN COUNTY: Entire County HASHINGTON COUNTY: Entire County HAYNE COUNTY: Entire County NESTCHESTER COUNTY: Entire County MYOMING COUNTY: Entire County YATES COUNTY: Entire County ALLEGANY COUNTY: Entire Count BROOME COUNTY: Entire Count CATTARAUGUS COUNTY: Entire Count CAYUGA COUNTY: Entire Count CHAUTAUQUA COUNTY: Entire Count CHEMUNG COUNTY: Entire Count CHENANGO COUNTY: Entire Count CLINTON COUNTY: Entire Count COLUMBIA COUNTY: Entire Count CORTLAND COUNTY: Entire Count DELAHARE COUNTY: Entire Count DUTCHESS COUNTY: Entire Count ERIE COUNTY: Entire Count ESSEX COUNTY: Entire Count FRANKLIN COUNTY: Entire Count FULTON COUNTY: Entire Count GENESEE COUNTY: Entire Count GREENE COUNTY: Entire Count HAMILTON COUNTY: 'Entire Count HERKIMER COUNTY: Entire Count JEFFERSON COUNTY: Entire Count LEHIS COUNTY: Entire Count LIVINGSTON COUNTY: Entire Count HADISON COUNTY: Entire Count MONROE COUNTY: Entire County MONTOMERY COUNTY: Entire County NASSAU COUNTY: Entire County NEH YORK CITY= Entire County NIAGARA COUNTY: Entire County HAGES: (per hour) Page 3q P ailing Rate Schedule New York State ,epartment of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 DIPPER 8 CLAMSHELL DREDGES CLASS A: Operator ........................ $ 27.45 CLASS B: Operator II ..................... $ 22.55 Engineer ........................ 24.17 Boat Master ..................... 22.73 CLASS C: Maintenance Eng ................. $ 23.07 Mate ............................ 21.51 Drag Barge Operator ............ 21.51 Welder .......................... 22.71 Boat Cart ....................... 21.66 Chief of Party .................. 21.51 CLASS D: Oiler ........................... $ 18.18 Scowman ......................... 17.49 Rodman .......................... 17.49 Tug Deckhand .................... 17.73 Deckhand ........................ 17.73 7-01-02- 10-01-02- 9-30-02 9-30-03 28.07 $ 23.04 24.72 23.24 $ 23.59 21.99 21.99 23.22 22.15 21.99 18.59 17.88 17.88 18.15 18.13 7-01-02- HYDRAULIC DREDGES 9-30-02 CLASS A: Leverman ........................ $ 26.95 CLASS B: Leverman II .................... $ 22.53 Engineer ........................ 23.64 Derrick Operator ................ 23.64 Chief Mate ...................... 23.29 Chief Halder .................... 23.9q Electrician ..................... 22.92 Fill Placer ..................... 23.29 Assr.Fill Placer ................ 21.32 Boat master ..................... 22.72 CLASS C: Maintenance Eng ................. $ 23.07 Mate ............................ 21.51 Drag Barge Operator ............. 21.51 Helder Dredge ................... 22.70 Spider Barge Operator .......... 22.50 Boat Capt ....................... 21.$6 Chief of Party .................. 21.51 CLASS D: Oiler ........................... $ 18.18 Shoreman ........................ 17.50 Rodman .......................... 17.50 Deckhand ........................ 17.50 Tug Deckhand .................... 17.73 10-01-02- 9-30-03 $ 27.56 $ 23.04 24.17 24.17 23.82 24.48 23.43 23.82 21.80 23.23 $ 23.59 21.99 21.99 25.21 23.01 22.15 21.99 18.59 17.90 17.90 17.90 18.13 OVERTIME: See HOLIDAY: Paid: See Overtime: See B, F, R ) on OVERTIME PAGE. 5, 6, 8, 15, 26 ) on HOEIDAY PAGE. 5,6~ 8, 15, 26 ) on OVERTIME PAGE. Page 55 ~ Prevailing Rate Schedule ~ MeN York State ~ ~ Department of Labor .................. ~ ............ Case Number ...... -~ ........................ 0207811 SUFFOLK 2002 SUPPLEMENTAL BENEFITS: (per hour worked) "The following SUPPLEMENTAL BENEFITS apply to ALL categories" 7-01-02- 10-01-02- 9-50-02 9-50-05 All Class A & B ............... $ 6.20 plus 7% of wa~e (overtime hours add) ............ $ 1.2B $ 6.q5 plus 7% of wa e $ 1 .~5 All Class C .................... $ 5.60 plus 7% (overtime hours add) ............ $ 0.95 $ 5.85 plus 7% of wa e $ 0.~5 All Class D ................... $ 5.00 plus 7% of wage (overtime hours add) ........... $ 0.~5 $ 5.25 plus 7Z Of we e $ 0.~5 q-Z5a Updated 12/01/2002 Operating Engineer - Hell Driller NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 7-01-02- 8-01-02- 7-51-02 6-50-05 Hell Driller: ........ $ 2q.16 $ 24.88 Hell Driller Helper:. 21.56 22.00 OVERTIME PAY: See ( B, E, G, P ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. Overtime: See (5~ 6~ 16, 25 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: Hell Dniller: ........ Hell Driller Helper:. (per hour worked) $ 12.57 $ 12.61 12,09 12.25 "PLEASE NOTE" For All Overtime Hours Add $ 2.50/hr Hazardous Haste Differential Level A ................. Level B ................. Level C ................. $ 5.00 per hr over rate 2.00 " " " " 1 . 00 " " " " fi-158well - Page 56 Pr ~iling Ra~e Schedule New York S~a~e .apa~men~ of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 Upda*ed i2/01/2002 Opera±ing Engineer -Trenchiass Pipeline Rahabili*a~ion ALBANY COUNTY: En±ire Count ALLEGANY COUNTY: En*ire Count BROOME COUNTY: Entire Coun~ CATTARAUGUS COUNTY: Entire Coun~ CAYUGA COUNTY: Er±ire Coun~ CHAUTAUQUA COUNTY: Entire Coun~ CHEMUNG COUNTY: Entire Coun~ CHENANGO COUNTY: EnAire Coun~ CLINTON COUNTY: Entire Coun~ COLUMBIA COUNTY: En~i~e Coun~ CORTLAND COUNTY: En~i~e Coun~ DELAHARE COUNTY: Entire Coun~ DUTCHESS COUNTY: En~e Coun~ ERIE COUNTY: En*i~e Coun~ ESSEX COUNTY: En*ire Coun~ FRANKLIN COUNTY: En~i~e Coun~ FULTON COUNTY: En~i~e Coun~ GENESEE COUNTY: Entire Coun~ GREENE COUNTY: Entire Coun~ MAMILTON COUNTY: Entire Coun~ ERKIMER COUNTY: En*ire Coun~ JEFFERSON COUNTY: Entire Coun* LEHIS COUNTY: En~i~e Coun~ LIVINGSTON COUNTY: Entire Coun± MADISON COUNTY: En~i~e Coun~ MONROE COUNTY: Entire Coun~ MONTOMERY COUNTY: En~i~e Coun~ NASSAU COUNTY: Entire Coun± NEH YORK CITY: Enti~e Coun~ NIAGARA COUNTY: En~i~e Count ONEIDA COUNTY: Entire Coun±y ONONDAGA COUNTY: Entire County ONTARIO COUNTY: Entire County ORANGE COUNTY: Entire County ORLEANS COUNTY: EnAire County OSHEGO COUNTY: En*ire Coun*y OTSEGO COUNTY: Er*ire County PUTNAM COUNTY: Er±ire County RENSSELAER COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: En~re Coun±y SCHENECTADY COUNTY: Entire County SCHOHARIE COUNTY: En~re Coun±¥ SCHUYLER COUNTY: Entire Coun±y SENECA COUNTY: Entire County STEUBEN COUNTY: Entire County ST. LAHRENCE COUNTY: Entire Coun±y SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County TIOGA COUNTY: Entire Coun±y TOMPKINS COUNTY: EnAire County ULSTER COUNTY: Eh±ire County HARREN COUNTY: Eh*ire County HASHINGTON COUNTY: Entire County HAYNE COUNTY: Entire County HESTCHESTER COUNTY: Entire County HYOMING COUNTY: Entire County YATES COUNTY: Entire County On Con~rac±s for Inspection Only: These fa±es Do NoA APPLY OPERATING ENGINEER - Trenchless Pipeline Rehabili~a±ion 7-01-02- 6-50-05 Lead Tec TV Crew ................. $51.7~ He± Ou~ Tec ...................... Technician ....................... $50.48 Bo~ler Opera~or .................. $51.10 Yard ra~e ........................ $26.70 Yard Mechanic .................... $51.10 NOTE: PREMIUM PAY 20% on s*raigh* ~ime hours for NEH YORK STATE D.O.T. and o±her GOVERNMENTAL MANDATED off~shif* work. OVERTIME PAY: See ( D, 0 ) on OVERTIHE PAGE. HOLIDAYS: Paid: See ( 5, 6, 7, 8, 11 ) on HOLIDAY PAGE.~ Page 57 ~m~ Prevailing Rate Schedule ~ NeH York S~a±e ~ ~ Depar±men± of Labor .................. ~ ............ Case Number ...... ~ ........................ 0207811 SUFFOLK 2002 ~ mus± work day before & day after or receive 2 hfs per in~ermi~en~ day Overtime: See ( 5, 6, 7, 8, ii ) on OVERTIME PAGE.~ APPRENTICE ( 1 ) year ±erms a* ~he following rates; ls~ yr .................... $ 18.47 2nd yr .................... 19.21 5rd yr .................... 19.79 SUPPLEMENTAL BENEFITS: (per hour worked) Journeymen ............... $ 23.54 Note Nole: OVERTIME dourneyman. 22.60 Appren±ice ............... 13.89 Note No~e: OVERTIME Apprentice 5.60 4-158 Updated 12/01/2002 Pain*er-Bridge/S*ruc~ural S~eel NASSAU COUNTY: Entire County SUFFOLK COUNTY: EnAire County NAGES: (per hour) 7-01-02- 10-01-02- 9-30-02 6-$0-03 Bridge .................... $ 57.00 $ 38.75 Struc±ucal Steel ........... 57.00 38.75 power Tool/ink Compressor.. 41.00 45.75 OVERTIME PAY: See ( A,O,) on OVERTIME PAGE. HOLIDAY: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5,6 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year ~erms a± ±he following ra~es. ls~ 2nd 3rd Bridge ....... 40% 60% 80% S~eel ........ 40% 60% 80% Tool ......... 40% 60% 80% Appr ls* year ........ Appr 2nd year ........ SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ........... 48%+ 48%+ $ 3.50/hr $ 4.00/hr 48%/hr 48%/hr 48%+ 48%+ $ 3.50/hr $ 4.00/hr Appr 3rd year ........ 48%+ 4B%+ $ 3.BO/hr $ 4.00/hr 4-DC9/NS Upda±ed 12/01/2002 Pain±er - Brush/Spray Page ~8 P ailing Rate Schedule New York State Jepartment of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs PUTNAM COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 5/01/02 Brush ..................... $ $0.28 Spray & Scaffold .......... 35.25 Fire Escape ............... 33.25 Decorator ................. 33.28 Paperhanger ............... 33.70 OVERTIME PAY: See ( A, H ) on OVERTIME PAGE HOLIDAYS: Paid: Overtime: See ( 1 ) on HOLIDAY PAGE See ( q, 5, 6, 25 ) on HOLIDAY PAGE APPRENTICES: Indentured after 5/31/93 ( 1 percentage of journeyman's wage. 1st 2nd ~rd qth $11.30 15.13 18.15 2q.20 ) year terms at the following SUPPLEMENTAL BENEFITS: ( per hour worked ) Paperhanger .............. $ 17.66 All others ..... $ 15.q2 Apprentices: [st Year ................ $ 5.65 2nd Year ................ 7.76 3rd Year ................ IO.I5 q~h Year ................ lq.~O 9-NYDC9 Updated 12/01/2002 Painter - Drywall Taper NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 5101/02 Drywall Taper ............. $ 30.25 OVERTIME PAY: See ( A, H ) on OVERTIME PAGE HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE Overtime: See ( q, 5, 6, 25 ) on HOLIDAY PAGE Page $9 ~ Preveiiing Ra±e Schedule ~ New York S~ate ~ ~ Department of Labor .................. ~ ............ Casa Number ...... ~ ........................ 0207811 SUFFOLK 2002 APPRENTICES: Indentured after 5/$1/93 ( 1 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd qth $11.30 15.1S 18.15 2q.20 SUPPLEMENTAL BENEFITS: ( per hour worked ) Journeyman .............. $ 15.q2 Apprentices: ls~ Year ................ $ 5.65 2nd Year ................ 7,76 5rd Year ................ 10.15 qth Year ................ lq.qO 9-NYDCT9 Updated 12/01/2002 Painter - Highway'Striping ALBANY COUNTY: Entire County CLINTON COUNTY: Entire County COLUMBIA COUNTY= Entire County DUTCHESS COUNTY: Entire County ESSEX COUNTY: Entire County FRANKLIN COUNTY= Entire County FULTON COUNTY: Entire County GREENE COUNTY: Entire County HAMILTON COUNTY: Entire County MONTGOMERY COUNTY: Entire County NASSAU COUNTY: Entire County NEH YORK CITY= Entire 5 Boroughs ORANGE COUNTY= Entire County PUTNAM COUNTY: Entire County RENSSELAER COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: Entire County SCHENECTADY COUNTY: Entire County SCHOHARIE COUNTY= Entire County SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County ULSTER COUNTY: Entire County HARREN COUNTY: Entire County HASHINGTON COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 7/01/02 Painter (Striping-Highway): Striping-Machine Opera,or .............. $ 22.57 " Relper .......................... 17.99 Linerman ............................. 27.09 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 2, 8, 11, 12, 15, 16, 17, 20 )ON HOLIDAY PAGE. - Page 40 P ailing RaKe ScheduIe New York S~a~e ,epar~men~ of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 Over±ime: See ( 2, 8, 11, 12, lB, 16, 17, 20, 21, 22 ) ON HOLIDAY PAGE. APPRENTICES: ls~ $12.00 (1) ~eer2na ±ermSra~ d ±he followingq~h raKesS~hOf ~ourneyman's wage. $12.00 $15.00 $1q. O0 $15.00 SUPPLEMENTAL BENEFITS: (per hour paid) 26% of wage + $ .50 9-8a/28a (250) Updated 12/01/2002 Plumber NASSAU COUNTY: SUFFOLK COUNTY: HAGES: (per hour) En±ire Coun±y Entire Coun±y 7-01-02- 11-01-02- 10-51-02 6-50-05 Plumber ......... $ 57.55 $ 58.28 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAY: Paid: See ( 1 ) on HOLIDAY PAGE. Over±ime: See ( 5, 6, 15, 2B ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms e~ ±he following re±es. ls~ year ...... $ 14.57 $ 14.85 2nd year ...... 18.55 18.88 5rd year ...... 24.55 2q.80 qth year ...... 26.20 26.70 5~h year ...... 28.20 28.76 SUPPLEMENTAL BENEFITS: (per hour worked~) Journeyman ~ 18.76 ~ 19.51 Appr ls~ ~erm 10.90 11.16 Appr 2nd ~erm 12.75 15.05 Appr 5rd ~erm 15.08 15.46 Appr ~th Germ 15.91 1~.52 Appr 5±h term lq.55 lq.77 (~Sunday and Holiday Benefits paid aK Double Time rake.) PUMP & TANK HORK HAGES (per hour) 7-01-02- 6-~0-05 dourneyman ......... $ 51.60 Overtime: ( B,(E'19)) On Overtime Page. Holidays: Paid Page 41 ~ Prevailing Rate Schedule ~ New York State ~ ~ Department of Labor .................. ~ ............ Case Number ...... ~ ........................ 0207811 SUFFOLK 2002 Overtime ( 5, $, 9, 10, 16 ) on Holiday Page. Apprentices: One year terms at the following rates~ Apr: 1st yr ....... $ 12.22 App: 2nd yr ....... 15.64 App: 3rd yr ....... 18.95 App: 4th yr ....... 22.21 Mechanic: ......... 27.57 Serviceman: ....... 18.95 Supplemental Benefits (per hour worked) Journeyman ........ $ 15.61 App. 1st yr ....... 6.66 App. 2nd yr ....... 7.97 App. Srd yr ....... 9.38 App. 4th yr ....... 10.84 Mechanic: ......... 12.56 Serviceman: ....... 9.38 4-200 Roofer NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) Roofer/Haterproofer .............. 7-01-02- 6-30-03 29.00 OVERTIME PAY - New Roof: See ( A.E.Q ) on OVERTIME PAGE. DVERTIME PAY Re-roof: See ( B,E,E2,Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( q,6,13,16,25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms a~ the following percentage of journeyman's wage. 1st 2nd 3rd qth 40% 50% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 19.62 Apprentices: 1st 2.00 2nd 4.00 3rd 10.77 Updated 12/01/2002 Sheetmetal Horker NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 7-01-0Z- 6-$0-03 4-154 Updated 12/01/2002 Page 'q2 P ailing Rate ScheduIe New York State ~epartment of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 Sheetmetal Horker ............ $ 56.17 For Temporary Operation or Maintenance of Fans: ......... 80% of Sheetmetal Rate OVERTIME PAY: See ( C, E2, O, V ) on OVERTIME PAGE ( D, E2, O, V ) on Fan Maintenance HOLIDAYS: Paid: Sea ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 11, 12, iS, zs, 26 ) on holiday page. APPRENTICES: ( 1/2 )yea terms at the following percent of ~ourneyman rate 2nd ~rdr qth Sth 6th 7th 8th SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 21.79 Appr 1st ~erm 6.82 Appr 2nd term 7.89 AppP ~rd term 8.91 Appr fith term 9.97 Appr 5th term ll.lq Appr 6th term 13.71 Appr 7th term 15.1B Appr 8th term 17.78 q-28 Updated 12/01/2002 Sheetmetal Horker - Sign Erector NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 7/01/02 Sign Erector ................ $ $2.50 ~NOTE: Overhead highway signs and structuraily supported signs (See Iron Horker Classifzcatzon) OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 10, 11, i2, 16 ) on HOLIDAY PAGE. Overtime: See (5~ 6' 10, 11, 12, 16 ) on HOLIDAY PAGE. Page ~3 ~ Prevailing RaAe Schedule ~ New York SAate ~ ~ DeparAmen~ of Labor .................. ~ ............ Case Number ...... ~ ........................ 0207811 SUFFOLK 2002 APPRENTICES: ( 1/2 ) year Aerms at the following percentage of ~ourneyman's 1st 2nd 3rd qAh 5th 6Ah 7Ah 8Ah 9Ah lOAh 35% ~0% q5% 50% 55% 60% 65% 70% 75% 80% SUPPLEMENTAL BENEFITS: Journeyman ............... $ 21.63 App isa Aerm .............. 5.22 App 2nd term ............. 5.88 A~p 3rd Aerm ............. 6.~q App ~Ah term ............. 7.21 App 5Ah term ............. 9.87 App 6Ah term ............. 10.~ A~p 7~h Aerm ............. 1~.19 App B~h Aerm ............. lq.06 App 9Ah Aerm ............. 16.52 App lOAh term ............ 17.18 9-137 UpdaAed 12/01/2002 SAeamfi±Aer - Refrigeration NASSAU COUNTY: Entire CounAy NEH YORK CITY: EnAire 5 Boroughs SUFFOLK COUNTY: EnAire CounAy HAGES: (per hour) 7/01/02 SteamfiAter ............... $ 26.30 Refrigeration, A/C, Oil Burner and Stoker Service and Ins~allaAions, limited on Refrigeration.to combined compressors up to five (5) horsepower, end on A/C HeaAing and Azr Cooling to combined compressors up Ao Aen (10) horsepower. OVERTIME PAY: See ( B, E, Q~, SM~ ) on OVERTIME PAGE. HOLIDAYS: . Paid: See ( 2, 6. 9. 10. 11~ 15, 17, 26, Memorial Day ) on HOLIDAY PAGE. OverAime: ~ ( 2, 6, 9, 15, 17 ) ~ ( 10, 11, 26, Memoria! Day ) APPRENTICES: ( 1 ) year terms aA the following wage. isa 6 mo 2nd 6 mo 2nd yr 3rd yr qAh yr $7.93 12.78 15.38 17.91 21.60 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ................ $ 7.36 Appr isa 6 monAhs ........ 5.60 Page q4 Pr ~iling Rate Schedule New York State apartment o~ Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 Appr 2nd 6 months ........ 5.88 Appr 2nd yr.term ......... 6.15 Appr 5rd yr.term 6.46 Appr 4th yr.term 6.88 9-658B Updated 12/0172002 Steamfitter - Sprinklerfitter NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 7/01/o2 Steam Fitter ................. $ 56.57 Sprinkler Fitter ............. 56.57 For Hork on Temporary Heat 8 Air Conditioning ........... $ 27.79 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: Paid: Overtime: See ( 1 ) on HOLIDAY PAGE. See ( 5, 6, 11, t5, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of JourneYman's 40Z 50% 652 802 85% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. $ 24.00 + .52 per hour worked For Hork on Temporary ...... $ 19.48 Heat & Air conditioning + .52 per hour worked Apprentices ............... farm percentage of $24.00 plus .52 per ~our worked 9-658A Updated 12/01/2002 Survey Crew - Building NASSAU COUNTY= Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 1/01/00 7/01/00 7/01/01 Page q5 ~ Prevailing Ra~e Schedule ~ New York S±a±e ~ ~ Departmen± of Labor .................. ~ ............ Case Number ...... -~ ........................ 0207811 SUFFOLK 2002 Survey Rates-Building: Party Chief .............. $ 52.77 Instrument Man ........... 27.19 Rodman ................... 18.5q Addit. $$.01/hr. Addi~. $1.Sq/hr. Addit. $1.~l/hr. Addit. $~.O1/hr. Addit. $1.84/hr. Addit gl.Si/hr. OVERTIME PAY: See ( A. Ex. Q, V ) ON OVERTIME PAGE. ~Oouble~ima paid on the 8th hour on Saturday. HOLIDAYS: Paid: Overtime: SeeSee (( ~ ~ ~11,11' 12, 12,25 15,)25on)HOLiDAyon HOLIDAY PAGE. PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................ $ 15.~0 g-15Db Updated 12/01/2002 Survey CreH - Heavy HighNay DUTCHESS COUNTY: Entire County NASSAU COUNTY: Entire County NEH YORK CITY: Eh±ire 5 Boroughs PUTNAM COUNTY: Entire County SUFFOLK COUNTY: Entire Coun±y HESTCHESTER COUNTY: En±ire County HAGES: (per hour) 1/01/00 Survey Rates-Heavy/Highway: Par~y Chief ................ $ 52.11 Instrument Hah ............. 2fi.90 Rodman ..................... 21.81 7/01/00 7/01/01 Addit. $$.2Z/hr. Addit. $1.7q/hr. Addit. $1.q$/hr. Addit. $$.22/hr. Addit. $1.74/hr. Addit. $1.45/hr. OVERTIME PAY: See ( B. EX. Q, V ) ON OVERTIME PAGE. MDoubIetime paid on the 9th hour on Saturday. HOLIDAYS: Paid: Overtime: See 5, 6, 7, 11, 12 ) on HOLIDAY PAGE. See 5, 6, 7, 11, 12 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. $ 15.rio 9-15Dh Updated 12/01/2002 Survey Crew Consulting OUTCHESS COUNTY: Only ~he portion south of ~he north city line in Page 46 Pr ~iling Rate Schedule New York State epartmen~ of Labor .................................. Case Number .................................. 0207811 SUFFOLK 2002 Poughkeepsie. NASSAU COUNTY: Entzre county NEH YORK CITY: Entire 5 boroughs PUTNAM COUNTY: Entire county SUFFOLK COUNTY: Entire county HESTCHESTER COUNTY= Entire county Feasibili±y and preliminary design surveying, line and grade surveying for inspac±ion or supervision of construc±ion wnen perfoPmeo under a Consulting Engineer agreemen±. HAGES: (per hour) 7/01/01 7/01/02 Survey Rates: Par~y Chief ............... $ 25.gi Add±. Instrument Man ............ 21.58 $.90 Rodman .................... 18.85 Per Hour OVERTIME PAY= See ( B, E*. Q. V ON OVERTIHE PAGE. ~Doubletime paid on ~he 9th hour on Saturday. HOLIDAYS: Paid: See ( 5, Overtime: See ( ii, i6 11, 16 on HOLIDAY PAGE. on HOLIDAY PAGE. SUPPLEHENTAL BENEFITS: (per hour paid) Journeyman ................. $ 10.95 9-15dconsul~ Updated 12/01/2002 Teamster - Building & Heavy Highway NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire Coun±y HAGES: (per hour) 7-01-02- 6-30-03 OVERTIME PAY: See ( B, E, Q, R, T ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5. 6. 11. 12. 15, 25 )* on HOLIDAY PAGE. Overtime: See ( 11, 12. 15, 25 ) on OVERTIHE PAGE (code R). See ( 5, 6,15 ) on OVERTIHE PAGE ( code T ) ~(must work two days in holiday week) Truck Driver- Bidg.& Heavy/Highway; Asphai~ Delivery ......... $ 29.q05 Concrete Delivery ............................... $ 28.47 "PLEASE NOTE" Drivers of ~hree-axle ~rac~ors and ~railers, $6.00 per day extra. Drivers of heavy equipment and tag-along ±railers, $10.00 per day ex~ra. Drivers of boom trucks~ SB.O0 per day ex±re. Page q7 ~ Prevailing Ra~e Schedule New .............................. York S~a~e-- t Case Number ...... ~ ~ ..... 0207811 SUFFOLK 2002 SUPPLEMENTAL BENEFITS: (per hour worked) Bldg.& Heavy/Highway; Asphal~ Delivery ....... $ 16,61 Concre±e Delivery ............................ $ 17.25 q-282ns Updated 12/01/2002 Teamster - Demolition NASSAU COUNTY= Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 7/01/02 Truck Driver, Chauffeur or Loader/Opera,or Trailers ..................... $ 21.85 S~raigh± Jobs ................ 21.65 OVERTIME PAY: See ( B, L, S, Si,) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 7, 8, 11, 12, 26 ) on Holiday Page. "NOTE": Employee mus~ work ~wo days in Holiday week SUPPLEMENTAL BENEFITS: (per hour worked) $ 1A.68 q-282.Demo Updated 12/01/2002 Helder STATEHIDE: Applies ±o all couni~es. NAGES (per hour) 7/01/2002 Helder ......... (To be paid ±he ra~e of ~he mechanic performing ~he work) Upda±ed 12/01/2002 JAMES A. RICHTER REGISTERED ARCHITECT Tel. (516)-765-1560 Fax~ (516)-765- 1366 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD SOUTHOLD TOWN HALL 53095 MAiN ROAD, P.O. Box 1179 TOWN OF SOUTHOLD, NEW YORK 11971 ADDENDUM NUMBER 001: December 13, 2002 Page I of I PROJECT: Invitation to Bid - Installation of New Town Hall Mechanical System Attention Bidders: The following is a clarification of construction specifications. The Bidder shall incorporate this clarification into the Bid Documents ( Sheet A-l) for the above referenced project. INVITATION TO BID PROJECT: DEMOLITION & DISPOSAL OF THE EXISTING BOILER & RELATED MECHANICAL SYSTEMS WITHIN THE TOWN HALL BOILER ROOM. SUPPLY & INSTALL THREE NEW BOILERS WITH CIRCULATORS & PIPING TO SERVICE THE EXISTING MECHANICAL SYSTEM. TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 ( The Specifications require the installation of THREE New Boilers, Not Two. This is a clarification of a topographical error. ) Invitation to Bid Installatien of a New Town Hall Mechanical System SOUTHOLD TOWN HALL 53095 Main Road SOUTHOLD, NEW YORK 11971 Date: December 3, 2002 SOUTHOLD TOWN HALL, 53095 ~4AIN ROAD, SOU'~HOLD PROJECT DESCRIPTION Town Hall Mechanical System: Supply & Installation of a New Hot Water Heating Plant Southold Town Hall, 53095 Main Road, Southold, New York 11971 This Project includes the demolition and disposal of the existing boiler, cimulators, piping and related mechanical equipment located in the existing Town Hall Boiler room. This Project shall also include the supply and installation of a New Hot Water Heating Plant that includes; Boilers, Circulators, Piping, Control Devices and related Mechanical Equipment to service the Existing Town Hall Facilities. REQUESTS FOR FURTHER INFORMATION & ALL INQUIRIES SHOULD BE ADDRESSED TO THE ARCHITECT @ THE SOUTHOLD TOWN ENGINEERING DEPARTMENT: Attention: James A. Richter, RA (631) 765 - 1560 Southold Town Hall 53095 Main Road Southold, New York 11971 The foregoing project description is provided for general information only. It is not a part of the contract documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings contained herein. INVITATION TO BID PROJECT: DEMOLITION & DISPOSAL OF THE EXISTING BOILER & RELATED MECHANICAL SYSTEMS WITHIN THE TOWN HALL BOILER ROOM. SUPPLY & INSTALL TWO NEW BOILERS WITH CIRCULATORS & PIPING TO SERVICE THE EXISTING MECHANICAL SYSTEM. TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the construction and installation of the New Mechanical system in accordance with the Drawings & Specifications prepared by James A. Richter, R,A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 26th ,~ 02 Day Month & Date Year All specifications are provided herein: drawings (if any) to be attached. A fee of ten dollars ($ 10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if you intend to bid or not. Dated: December 3. 2002 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Town Hall Mechanical System: A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, for each item bid, and made payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgment, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. Town Hall Mechanical System: B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price for each item of the work as specified on the Proposal Form. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. Town Hall Mechanical System: B-2 G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than Ten (10) working days. The project shall be scheduled for early spring of 2003 and shall be coordinated with average temperatures mild enough to ensure Town Hall Operations. In the event that the existing boiler becomes inoperable, the Contractor shall begin with the Work immediately upon notification by the Town. Town Hall Mechanical System: B-3 INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Project Description Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification A ~ 1 through A - 1 B- 1 through B- 3 C - 1 through C - 2 D - 1 through D - 2 E - 1 through E - 1 F - 1 through F- 1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions Offer of Surety General Release Prevailing Wage Rates Payroll Certification Form Compliance with the Labor Law & Other Dept. of Labor Regulations Non-Discrimination Clause Project Specific.ations: AIA Document # A201 G - 1 through G - 2 H- 1 through H- 1 ! -1through !-1 J - 1 through J - ???? K -1through K-2 M - 1 through M -8 N - 1 through N - 2 Section 100 Section 300 Section 1500 Table 1 Drawing # 1 Drawing # 2 General Conditions: Concrete: Mechanical: Hot Water Heating Plant Project Materials List Schematic Diagram "r' Schematic Diagram "11" 1.01 through 1.04 3.01 through 3.02 15.01 through 15.10 Town Hall Mechanical System: C-1 PROPOSALFORM Date: NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: December 3, 2002, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN HALL MECHANICAL ROOM, 53095 Main Road, Southold, N.Y. 11971 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Furnish & Install three (3) New Oil Fired Boilers THE CONTRACTOR SHALL FURNISH AND INSTALL NEW HOT WATER HEATING PLANT AND PROVIDE A COMPLETE NEW MECHANICAL SYSTEM WITHIN THE EXISTING BOILER ROOM. THE CONTRACTOR SHALL PROVIDE ALL DEMOLITION & DISPOSAL OF ALL ABANDONED EQUIPMENT & MATERIAL. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT A COMPLETE, FULLY FUNCTIONING MECHANICAL SYSTEM IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) Town Hall Mechanical System: (written in numbers) D-1 PROPOSAL FORM - Cont. And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; othen~vise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Bidders Address: Telephone Number: Date: Town Hall Mechanical System: D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as tree under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at Independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in Its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of the (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Town Hall Mechanical System: Installation of a New Hot Water Heating Plant Southold Town Hall, 53095 Main Road, Southold, New York 11971 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,20 . (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September ~1, 1965. Signature Town Hall Mechanical System: E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract and, 2. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non- state) in the afore-mentioned area subject to these Bid Conditions, these trades being: and, 3. It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) Town Hall Mechanical System: F-1 H E A M I N S T 1 T U T E ARCHITECTS AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONS£QUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO 17~ MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 New York Avenue, N,W,, Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION ~)1987 THEAMERICANINST1TUTEOFARCHITECTS, 1735NEWYORK AVENUE, N.W.,WASH[NGTON, D.C 20006 A201-1987 I INDEX A~nc~ of [~mcoclfoemlng Work ......... 9.6,6, 9,9.3, 12.3 Acceptance of Work ........... 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 Aoe.~ to Wort( ........................... 3.16, 6.2.1, 12.1 Acddent Prevention .............................. 4.2.3, 10 ActsandOmissions ... 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, Additional Cost, Claims for ......... 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Additional Inspections and Testing ....... 4,2.6, 9.8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4.3.6,4.3.8,4.3.9,8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3, 4, 9.4, 9.5 Advertisement or Invitation to Bid ...................... l.l.1 Aesthetic Effect ............................... 4.2.13,4.5.1 AIIowInc~$ ........................................ All-risk Insurance ................................. 11.3.1.1 AppIkmlton$1orPnyment .. 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3, Approvals .... 2.4, 3.3.3.3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, Aechllect .......................................... 4.1 Architect, Definition of .............................. 4.1.1 Architect, Extent of Authority ....... 2.4,3,12.6,4.2,4.3,2,4,3.6, Architect, Limitations o f Authority and Responsibility . 3,3.3,3.12.8, Architect's Additional Services and Expenses 2.4,9.8.2, Arch#eCt'R Adminlst~Uon of the Oo~rlct ....... 4.3.7, 44, 9.4, 9.5 Architect's Approvals 2,4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 Architect's Authority to Reject Work .... 3.5,1,4.2.6,12.1.2,12.2.1 Architect's Copyright ................................ 1.3 Architect's Inspections ....... 4.2.2,4.2.9,4,3.6,9.4.2,9.8.2, Architect's lnst rucrions.. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1,12.1,13.5.2 Architect's lnteq~retations ................. 4.2.11,4.2.12,4.3.7 Architect's On Site Observations ........ 4.2.2,4.2.5,4.3.6,9.4.2, Architect's Project Representative .................. 4.2.10 Aschitect's Relationship with Contract or ...... 1.1.2,3.2.t,32.2, Architect's Relationship wit h Subcont factors .... 1.1.2,4.2.3,4.2.4, Architect's Represent ations .............. 9.4.2,9.5.1,9.10.1 Architect's Sit e Visits ....... 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, Asbestos ......................................... 10.1 Attorneys' Fees ....................... 3.18.1,9.10,2, 10.1.4 Award of Separate Contracts ........................... 6.1.1 Awa~ of Subcontracts and Othe~ Contracts for Portions of the Wonk ........................... 5.2 Basic Definitions .................................... 1.1 Boiler and Machinery Insurance ..................... 11.3.2 Bonds, Licn ................................... 9,10,2 Bonds, Perforn~iance and Paymenl ..... 7.3.6.4,9.10.3, 11.3.9, 11.4 Building Permit .................................... 3.7.1 Certificate of Substantial Completion .................... 9.8,2 O~llll~llel fo~ Plymenl ....... 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1, 9.6.6, 9,7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14,1.1.3, 14.2.4 Certificates of Inspection, Testblg or Approval ..... 3.12.11, 13,5.4 Certificates o f Insurance .................. 9.3.2,9.10.2, 11.1.3 Clllln~s Ofd~ ...... l .1.1,2.4.1, 3.8.2.4, 3.11, 4.2.8, 4.3.3, 5.2.3, 7.1, ?.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2, 11.3,4, 11.3.9, 12.1.2 Change Orders, Definition of .......................... 7.2.1 CHAN~ IN THE WO~x~K .... 3.11, 4.2.8,?, 8.3.1,9,3.1.1, 10.1.3 Claim, D~flni~x1 of ................................. 4.3.1 CIIIm~ Ired DIIO~t~ ................ 4.3,4,4,4.5,6.2.5,8.3.2, 9,3.l.2, 9.3.3, 9,10.4, 10.1,4 Cllllml Ind TIil~y AI$M'30~ of Clairol ................ 4.5.3 Cl~m~ for &ddlllon~ Coat ........ 4.3.6, 4.3.?, 4.3,9, 6.1.1, 10.3 Cllllml f~' &ddlllo~ TIm~ ............ 4.3.6, 4.3.8, 4.3.9, 8.3.2 CIMnm for ConceM~i or Unknown Condl~x~ ........... 4.3.6 Claims for Damages... 3.18, 4.3.9, 6.1.1,6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Clatnls Subject to Arbitration ................. 4.3.2, 4.4.4, 4.5.1 Cl~mdng Up ................................... 3.15,6.3 Coam~e~ce~t of Statuto~/Umit. Uon Per~od ......... 13.7 Commencement o f the Work, Conditions Relating t o ....... 2.1.2, 2.2.1, 3,2,1, 3.2.2. 3.7.1, 3.10.1, 3.12,6, 4.3.7, 5.2.1, 6,2.2, 8.1.2, 8.2.2, 9.2, 11.1,3, ll.3.6, 11.4.1 Commencement o f t he Work, Definition of ............... 8.1.2 Communications Facilitating Contract Administration ................. 3.91,4.2.4,5.2.1 Completion, Conditions Relating t o ...... 311,315,4.2.2,4.2.9, 4.3.2, 9.4.2, 9.8, 9.9.1, 9.10, 11.3.5, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND 9 Completion, Substantial ......... 4.2.9, 4.3.5.2, 8.1.1,8.1.3, 8.2.3, 9.8, 9,9.1, 122.2, 137 Compliance with Laws ...... 1.3,3,6,3.7,3.13,4.1.1, 10.2.2, ILl, 11,3, 13.1, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Concealed or Unknown Conditions ................... 4.3.6 Conditions of the Contracl ............... IA.l, 1.1.7,6.1 1 Consent, Written .................. t.3.1,3.12.8,3.14.2,4.1.2, 4,34, 45.5, 9.3.2, 98.2, 99.1, 9102,9.10.3,101.2, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ............................. 1.1.4,6 Construction Change Directive, Definition of .............. 7.3.1 Con. InfO'on Chlnge iN reoUve$ .... 1.1.1,4.2.8, 7.1, ?.3, 9.3.1.1 Construction Schedules, Contractor's .............. 3.10,6.1.3 Con~gent A~l~t of Sul~ ............... 5.4 Continuing Contract I~ .............. 4.3.4 Contract, Definition of .............................. 1.12 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.7, 5.4.1.], 14 Contract Administration ..................... 3.3.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to ...... 3.7.1, 3.10, 5.2, 9.2, 11,1,3, 11,3,6, 11,4.l Ool~'~ct Docu II. fils, The ....................... 1.1, 1,2,7 Contract Documents, Copies Furnished and Use of. · . 1.3,2.2.5,5.3 Contract Documents, Definition of ..................... 1.1.1 Cont tact Per formance During Arbit ration ............ 4.3,4,4.5.3 Conifer 8urn ................... 3.8, 4.3.6, 4,3.7, 4.4.4, 5.2.3, 6.1.3, 7,2, 7.3, 9.1, 9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 Contract Sum, Definition of ........................... Contract Time ............... 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3, 8.2.1, 8.3.1, 9.7, 12.1.1 Cont tact Time, Defln}llOla o f~ ................... 2 A201-1987 AIA DO~IJ~I~' A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION A1A® · © 1987 THE AM ERICAN INSTITUTE OF ARCHITECTS+ 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C 20006 OOI~'RAOTOR ........ ' 3 Contractor, D~lbition of ........... , .............. 3.1,6.1.2 Contr~tor'l ~rmm~t~on ,~u~ ............. 3.10, 6.1.3 Contractor's Employees ....... 3.3.2, 3.4.2, 3.8. L 3.9, 3.18, 4.2.3, Contracto¢ I Liability In~J rance ....................... 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6, 3.12.5, 3.14.2, 4.2.4, 6, 12.2.5 Contractor's Relationship with 8ubcont ractors ....... 1.2.4,3.3.2, Contractor's Relationship with the Architect .... 1.1.2,3.2.1,3.2.2, Contractor's Representations.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Contractor's Responsibility for Those Performing the Work ................ 3.3.2,3.18,4.23, 10 Contractor's Review of Contract Documents ...... 1.2.2, 3.2 ~ 3.7.3 Contractor's Right to Stop the Work ...................... 9.7 Contractor's Right to Terminate the Contract .............. 14.1 Contract or's Superimendent ..................... 3.9, 10.2.6 Contractor's Supervision and Construction Procedures ...... 12.4, 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Contractual Liabilit y Insurance ............... 11.1.1.7, 11.2.1 Coordination and Cot rela0on ............... 1.2.2,1.2.4,3.3.1, Copies Furnished of Drawings and Specificafions . . . 1.3, 2.2.5, 3.11 Correction of Work .................. 2.3,2.4,4.2.1,9.8.2, Cost, Definition of ......................... 7.3.6, 14.3.5 Costs 24, 3.2.1,3.7.4, 3.8.2,315.2, 4.3.6, 43.7, 4.3.8.1,523, Cutting and Patching ....................... 3.14, 6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, Damages, Claims for 318, 43.9,6 1.1,625, 8.3.2,9 51.2, l0 1.4 Damages for Delay .................... 6.1.1,8.3.3, 9.5.1.6, 9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Dar e o f Substantial Completion, 1)efinition o f .............. 8.1.3 Day, Definition of ................................... 8.1.4 Decisions o f t he Architect ..... 4.2.6,4.2.7,4.211,4.2.12,4213, D~cl~orl$ to Withhold Cert#]~llloll ........ 0.5,9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of ............ 2.3, 2.4, 3.5.1, 4.2.1, Defective Work, Definition of ....................... 3.5.1 Delay~ rand Extens~on~ of TIm~ .......... 4.3.1,4.3.8.1,4.3.8.2, Disputes ............ 4.1.4, 43, 4.4, 4.5, 6.2.5, 6.3, 7.3.8, 9.3.1.2 Documents and Samples at the Site .................... 3.11 Drawings, DefiniOon of .............................. 1.1.5 Drawings and SpeciEcations, Use and Ownership of ..... 1.1.1,1.3, Duty to Review Contract Documents and Field Conditions .... 3.2 Effective Date of Insurance ................ 8.22, 11.1.2 EmenBenc~ ................................. 4.3.7, 10.3 Employees, Contractor's .......... 3.3.2,3.4.2,3.8.1,3.9,3.18.1, 3.18.2, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, Il.lA, 14.2.1.1 Equipment, Labor, Materials and .......... 1.1.3,1.1.6,3.4,3.5.1, 3.8.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 11.3, 12.2.4, 14 Execution and Progress of the Work ....... 1.1.3, 1.2.3, 3.2, 3.4.1, 3.5.1, 4.2.2, 4.2.3, 4.3.4, 4.3.8, 6.2.2, 7.1.3, 7.3.9, 8.2, 8.3, 9.5, 9.9.1, 10.2, 14.2, 14.3 Execution, ~an,~lllon Ind Intent of the Contract Documents .......................... 1.2, 3.7.1 Extensions of Time ............. 4.3.1,4.3.8,7.2.1.3,8.3, 10.3.1 Failure of Payment by Contractor .............. 9.5.1.3, 14.2.1.2 Failure of Payment by Owner ................ 4.3.7,9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Ooml~etlon and Finel payment ........ 4.2.1,4.2.9, 4.3.2, 4.3.5, 9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Financial Arrangements, Owner's ....................... 2.2.1 Fire and Extended Coverage Insurance .................. 11.3 GENERAL PflOVl~ON5 ................................ 1 Governing Law ................................... 13.1 Guarantees (See Warranty a~d Warranties) Hazardous Materials .......................... 10.1,10.2.4 Identification of Contract Documents ................... 1.2.1 Identification o f Subcont factors and Suppliets ............. 5.2.1 I~d~ml~fl~&tlon ....... 3.17,$.19, 9.10.2, 10.1.4, 11.3A~2, 11.3.7 Informatlofl and SecvJce$ Requira(I of the Ovmer ..... 2.l.2,2.2, 4.3.4, 6.13, 6.1.4, 6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2, 910.3, 10.1.4, 11.2, 11.3, 13.5.1, 13.5.2 Ir~ry or Oam~je to Pe~on or Preperty 4.3.9 Inspections 333, 3.34, 3.7.1,4.2.2, ~,.2.6, 42.9, 43.0, 9.q.2, 9.8.2, 992, 9.10.1, 135 Instructions to Bidders ........................ l. 1.1 Instructions to the Contractor 381,4.2.8,5.21,7, 121, 13.52 Insurance ...... 4.3.9.6.1.1,7.3.6.4,93.2,98.2,99.1,9.10.2, 11 Insurance, Boiler and Mac,finery ............... 11.3.2 Inaurance, Contractor's Liability ............... 11.1 Insurance, Effective Date of 8.2.2, 1 l. 1.2 In~ura~ce, Lois of Ule .................... 11.3.3 Insurance, Owner's;Liability 11.2 Insurance, Property .................. 10.2.5, 11.3 Insurance, Stored Materials .................... 9.32, 11.3.1.4 INSURANGE AND BONI~ ......................... 11 Insurance Companies, Consent to Partial Occupancy.. 9.9. l, 11.3.11 Insurance Companies, Settlement with ............. I 1.3.10 Intent of the Contract Documents ......... 1.2.3, 3.124, 4.2.6, 4.2.7, 4.2.12, 4.2.13, 7.4 Ir~cest ......................................... 13.6 Interpretation ........ 1.2.5, 1.4,1.5, 4.1.1,4.3. I, 5.1,6. 1.2, 8. 1.4 Interpretations, Written .................. 4.2.11,4.2.12,4.3.7 Joinder and Consolidation o f Claims Required ............ 4.5.6 Judgment on Final Awa~l ............... 4.5.1,4.5.4.1,4.5.7 Laboe and Matel~ll~, Equipment .... 1.1.3, 1.1.6,3.4, 3.5.1,3.8.2, 3.12.2, 3.12.3, 3.12.7, 312.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 Labor Disputes ..................................... 83.1 Laws and Regulations ....... 1.3, 3.6, 3.7, 3.13, 4.1.1,4.5.5, 4.5.7, 9.9.1, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6 Liens .................. 2.1.2,4.3.2,4.3.5.1,8.2.2,9.3.3,9.10.2 Limitation on Conso#daflon or Jolnder ............ 4.5.5 Limitations, Statutesof ........... 4.5.4.2, 12.2.6, 13.7 Limitations o f Authority .................. 3.3.1,4 1.2,4.2.1, 4.2.3, 4.2.7, 4.2.10, 5.2.2, 5.2.4, 7.4, 11.3.10 AIA DOCUI~EI~I' A201 * GENERAL CONDITIONS OE THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal plosecution. A201-1987 3 Limit ations o f Time, General ........... 2.2.1,2.2,4,3,2.1,3.7.3, Limitations of Time, Specific ......... 2.1.2,2.2.1,2.4,3.10,3.11, Lo~s of Use Inaurance .............................11.3.3 Material Suppliers .............. 1.3.1,3.12.1,4.2.4,4.2.6,5.2.1, Materials, Hazardous ........................... 10.1,10.2.4 Materials, Labor, Equipment and ..... 1.1.5,1.1.6,3.4,3.5.1,3.8.2, Means, Methods, Techniques, Sequences and Procedures o f Const ruction .......... 3.3.1,4.2.3,4.2.7,9.42 Minor Cl~nge~ In the Work ......... 1.1.1,4.2.8,4.3.7,7.1,?.4 MISCELLANEOUS PROVISIONS ...................... 13 Modifications to the Cont tact ........ 11.1,1.1.2,3.7.3,3.11, Mutual Req~an~llMllty ............................. 6.2 Nonconforming Wodc, Acceptence of ................ 12.3 Nonconforming Work, Re}ection and Correction of 23.1, Notice, Written 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, Notice o f Testing and Inspections ......... 13.5.1, 13.5.2 Notice to Proceed 8.2.2 Noficse, Permits, Fee~ and ..... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.22 Observations, Architect's On-Site ............... 4.2.2, 4.2.5, Observations, Contractor's .................... 1.2.2, 3.2.2 Occupancy 9.6.6, 9.8 1,9.9, 11.3.11 On-Site Inspections by the Architect ....... 42 2, 4.2.9, 4 3.6, On.Site Observations by the Architect ....... 4.2.2,4.2.5,4.3.6, Orders, Written ......... 2 3, 3.9, 4.3,7, 7, 8.2.2, 11.3.9, 12.1, OWNER ........................................ 2 Owner, Definition of ............................... 2.1 Owner, Info{mafion end Servicse Required of the ........ 2.1.2, Owner's Authority ......... 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1, Owner's Financial Capability ................... 2.2.1, 14.1.1.5 Owner's Liability Insuntnce ......................... 11.2 Owner's Loss of Use Insurance ....................... 11.33 Owner's Relationship with Subcontractors .............. 1.1 2, Owner's Right to Carry Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Own®r'a Rignt 1o Clean Up ....................... 8.3 Owne~a Right to Perform Construction and to Award Sep~rete Contrants ......................... 6.1 Owner's Right fo Sfop th~ Wofl~ ................... 2.3, 4.3.7 Owner's Pdght to Suspend the Work ..................... 14,3 Owner's Right to Terminate the Contract ................. 14.2 Owner~tip end Use of Arrddtect'a Drawings, 8pecJflcs~kms end Other Docunlent~ ................ 1.t.l, 1.3, 2.2.5, 5.3 Partial OcculmneY or Use ................. 9.6.6,3.9, 11.3.11 Patofdng, Cu~n~ and ......................... 3.14,6.2.6 Patentl, RoyaR}el and .............................. 3.17 P~/ment, Aplflicifio¢~ for ................ 4.2.5, 9.2,9.3, 9.4, Payment, Ce~tcate~ for ........... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, Payment, PallUl~ of ......................... 4.3.7, 9.5.1.3, payment Bond, Pe~orman~e Bond and .............. 7.3.6.4, Payments, Progse~s .......................... 4.3.4, 9.3, 9.6, PAYMENTS AND COMPLETION .................. 9, 14 Payments to Subcontractors ............... 5.4.2,9.5.1.3, PCB ....................................... 10.1 Performance Bond and Payment Bond .............. 7.3.6.4, P~III, P~e~ m~l Notices ....... 2.2.3,3.7, 313, 7.3.6.4, 10.2.2 PE~SO~S ARO PROI~iRTY, PROTECTION OY ...... 10 Polychlo~inated Biphenyl 10.1 Product Data, Definition of 3122 Product I~ta and $ampIse, Shop Drawlng~ 3.11,3.12, 427 Progrese and Completion 4.22, 43.4.3.2 Progmse Payments .................... 43.4,9.3, 9.3, 9.8.3, 9103, 136, 142.3 Pro]ecl, Definition o f the 1.1.4 Prol~'t Mallei, Definition o f t he 1.1.7 Project Manuals 2.2.5 Project Representatives 42.10 Pro~ Inm~mr~e 10.25,11.3 PROTECTION OF PEI~ONS AND PIg~}I:~RTY ............ 10 Rejection of Work ................... 35.1,4.2.6, 12.2 Releases of Waivers and Liens ....................... 9.10.2 Representations ................. 12.2, 3.5.1, 3.127, Representatives ........................... 2.1.1,3.1.1,39, Re~alutlo~ of Claims and Dlsputea .................. 4.4,4.5 Responsibility for Those Performing the Work .......... 3.3.2, Retainage ............... 9.3.1,9.6.2, 9.8.3, 9.9.1,9.10.2, 9.10.3 Review of Contract Documents and netd Condltk)n$ by Contractor ............ 1.2.2, 3.2, 3.7.3, 3.12.7 Review of Contractor's Submittals by Review of Shop Drawings, Product Data and Samples by Contractor ...................... 3.125 Rights and Remedies ............ 1.1.2,2.3,2.4,35.1,3.15.2, Royalties and Patents ........................... 3.17 4 A201-1987 A~ D(OIUMEI{r A2(11 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTN EDITION AIA® · ~ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, IN W., WASHINGTON. D.C 20006 WARNING: Unlicer-~,ed photocopying violates U.S. copyHgM laws and is subject to legal prosecution. Rules and Nottce$ for Atl~trltlon ..................... 4.5.2 Safety of Pe~on~ ~nd Property ....................... 10.2 Safety Pr~cautlorm and Programs ........... 4,2.3, 4.2.7, 10.1 Samples, Definition of .............................. 3.12.3 S~p~,ShopDrlnvln~,pr(~uctDat~lnd ... 3.11,3.12,4.2.7 Sample~ ~t the Site, Documents and ................... 3.11 Schedule of Vilk~s ............................. 9.2, 9.3.1 Schedules, Const ruction .............................. 3.10 Separate Contracts and Contractors .......... 1.1.4,3.14.2,4.2.4, Shop Drawings, Definition o f ......................... 3.12.1 Shop Drawing, Producl Dala and Samplea .... 3.11,3.12,4.2.7 Site Inspections ... 1.2.2, 3.3.4, 4.2.2, 4.2.9, 4.3.6, 9.8.2, 9.10.1, 13.5 Special Inspections and Testing ............ 4.2.6, 12.2.1, 13.5 Sp~c~t~-ItlOI~.$. De finition o f the ...................... 1.1.5 Statutes of Limitations .................... 4.54.2, 12.2.6, 13,7 Stopping the Work ........... 2.3, 4,3.7, 9.7, 10.1.2, 103, 14.1 Stored Materials ......... 6.2.1,9.3.2, 10.2.1.2, 11.3 1.4, 12.2.4 Subcont tact or, Definition o f ....................... 5.1.1 SUBCONTRACTORS ............................5 Subcontractors, Work by ........... 1.24, 3.3.2, 3.12.1, 4.2.3, 5.3, 5.4 Subcontr~clull R®btlons .............. 5.3, 5.4, 9.3,l.2, 9.6.2, Subrogation, W~lvers of GAl, ll 3.5,11.3.7 Substal~tlal Completion 42.9, 4 ~,52, 8 1 1,8.1 ~, Substantial Completion, Definition of 9.8.1 Substitution o f Subcontractors 5.2.3,5.24 Substitution o f the Architect .................. 4.1.) Substit utions o f Mat erials ........................ 3.5.1 Sub-subcontractor, DefinSion of 5.1.2 Subsur face Ctmditions 4.3.6 Successors and Assigns 13.2 Superntendent ....................... 3.9, 10.2.6 Supewlslon an(I Construction procedures ...... 1.2.4,3.3,3.4, Surety ......... 4.41,4.4.4, 5.4.1.2, 9.10,2, 9.10.3, 14.2.2 Surety, Consent of 9.9.1,9 10.2,9A0.3 Surveys 2.2 2,3A8.3 Suspension by the Owner fo~* Convenience ............. 14.3 Suspension or Termination of the Contract ...... 4.3.7,5.4.1.1, 14 T~xe$ .................................... 3.g, 7.3.6.4 Termination by Ihe Contr~cto¢ ........................ 14.1 Termination by the Ovmer for Cause ............ 5.4.1.], 14.2 Termination of the Architect ........................ 4.1.3 Termination of the Contractor ........................ 14,2.2 TERMINATION OR SUSPENSION OF THE COHTRACT ...... 14 Tests and I~ ..... 3.3.3,4.2.6,4.2.9,9.4.2,12.2.1,13.5 TIME ............................................... Time, Delays ~nd Extenaions of .............. 4.3.8,7.2.1,3.3 Time Llmlt~ on Claims ........ 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5 Title to Work ................................ 9.3.2,9.3.3 UNCOVERING AND CORRECTION OF WORK ........... 12 Uncoverng of Work ................................ 12.1 Unforeseen Conditions ................... 4.3.6,8.3.1, 10.1 Unit Prices ................................. 7.1.4,7.3.3.2 Use of Documents .......... 1.1.1, 1.3, 2.2.5, 3.12.7, 5.3 Value~, Schedtde of ...................... 9.2,9.3.1 Waiver of Claims: Flrml Payment ........ 4.3.5, 4.5.1,9 10.3 Waiver of Claims by the Architect .................. 13.4.2 Waiver of Claims by the Contractor ...... 9.10.4, 11.3.7, 13.4.2 Waiver of Claims by the Owner ....... 4.3.5,4.5,1,9.9.3, Waiver of Liens 910.2 Waivers of Subrogation 6.1 1, 11.5.5, I 1 37 Warranty and Warranues 3.5, 42 4.3.5.3, 9.33, 9.8.2, 991, 1222. 13.7A3 Weather Delays 438.2 When Arbitration May Be Demanded ............ 4.5.4 Work, Definition of ...................... 1.1.3 Wrltten Consent ......... 1.31,312.8,3.14.2,41.2,4.3.4, Written Interpretations 4.2 }1,4 2 12,437 Written Notice ....... 2.3, 2.4, 3 9, 3 1Z 8, 3 12.9, 4 3, 4 4.4, Written Orders ...................... 23.39.4.37, AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA~ · ~)Ig87THEAMERICANINSTITUTEOFARCHITECTS, 1755NEWYORKAVENUE, NW.,WASHINGTON. D.C. 20006 A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1,1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (Genera[, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by thc Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements), 1.1,2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac~ tual relationship of any kind ( 1 ) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project, 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors, 1.1,5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details~ sched- ules and diagrams. 1.1,6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1,2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents, 1.9.$ The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subeontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have weft-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project, They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 AIA DOCUMENT A~O1 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~)I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEW YORK AVENUE, N.W.,WASHINGTON, D.C.20006 Work without the specific written consent of the Owner and Architect. The Contractor. Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically der'reed, (2) the titles of num- bered articles and identified references to Para. phs. Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the persop or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall f~mish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasor~able evidence were furnished on request prior to the execution of the Agreement, the prospective contractor uould not be required to execute the Agreement or to commence the Work.] 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site, 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilides of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP TH~ WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently falls to carry out Work in accordance with the Contract Documents, the Owner. by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1,3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correctiou of such default or neglect with diligence and prolnpmess, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period, If the Contractor within such second seven- day period after receipt of such second notice fails to com- n~ence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure, Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 3.1 CONTRACTOR DI-'F1NITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. AIA DOCUMENT A20,1. · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ' FOURTEENTH EDITION AIA® ' © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. i 735 NEW YORK AVENUE. N W.. WASHINGTON, D.C. 2OOO6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to ~egal prosecotio~. A201-1987 7 3.2 ~ISW OY {X~TR~CT DOCU~rCr$ ~ Frrfl. D CONDfrIO~$ BY ~:~lT~'rO~ 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information fumisbed by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any const~ction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be restx)nsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tkms of Work already performed under this Contract to deter mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3,4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo rated or to be incorporated in the Work. 3,4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned tt) them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment, 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work whicb are customarily secured a~er execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.?.3 It is not tbe Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and roles and regula lions. However, if the Contractor observes that portions of the Contract Documents are at variance therewitb, the Contractor shall prompfiy notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 aUowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 8 A201-1987 Ahl~ [}OCUM~:t~r[ A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION &IA® · ©I987TttEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW, WASmNGTON, D C.20OO6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing, Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract DOcuments, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con tract Documents, and shall provide for expeditious and praeti- cable execution of the Work, 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review subnlittals. 3.10.3 The Contractor shall conform to the most recent schedules, 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals, These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PROOUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustratk)ns, standard schedules, per- fnrmance charts, instructions, bruchures, diagrams and other information furnished by the Contractor to illustrate materials or equipment ti)r some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged, 3.12.4 Shop Drawings, Product Data, Samples and similar sub- minals are not Contract Documents, The purpose of their sub- which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.$ The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Sanlples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.8 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tat has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.? By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work a~ld of the Contract Documents. 3.12.0 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Cuntracmr shall not be relieved of responsibility for errors or omissiuns in Shop Draw- ings, Product Data, Sarnples or similar submittals by the Archi- tect's approval thereof. 3.12.0 The Contractor shall direct specific attention, in writing t)r on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals, 3.12.10 Informational submittals upon which thc Architect is not expected to take responsive action may be st) identified in the Contract Documents. $.1 2.1 1 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and Certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the AIA DOI~JMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ©Ig87THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW., WASHINGTON, D.C 21~olR~ WARNING: Unlicensed photoco~ylng violates U,S. copyright laws an{I is subject to legal prosecution. A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld, The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATEN'rs 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct ora particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect, 3.18 IN~--MNIFICATION 3.18.1 To the fullest extent pertained by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against clahns, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itselt) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor. a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18, 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Acchi- tect's consultants, and agents and employees of any of them arising out of(l) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARGHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfi.~lly practicing architecture iden- tiffed as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.~' Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCtaTECT'S AD~alNISTRATION OF THE COflTRACT 4.2.1 The Architect will provide administration of the Contract :cs described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2, The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract, 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work, On the basis of on- site observations as an architect, the Architect v-ill keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions . and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract DOcuments. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 AIA DOC~JMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ©1987 THEAMERICANINSTITUTE OFARCHITECTS, 1735NEWYORKAVENUE, NW,WASHINGTON, D C. 20006 tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communlcat~k~ns FaclEt~tlng Cocttract Admlnlstra- tkan. Except as otherwise provided in the Contract Documents or when direct communications have been specially author rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect, Commu- nications by and with Subcontractors and matedal suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect w~ review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require addRional inspection or testing of the Work in accordance with Subpara~phs 13.5,2 and 13,5,3, whether or not such Work is fabricated, installed or completed, However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- lng portions of the Work. 4.2.1 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu~ ments. The Architect's action will be taken with such reason- able promptness ss to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tats shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3,5 and 3.12, The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.~'.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.$ The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documenLs required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4,2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 Ct. AIMS AND DISPUTES 4.3.1 O~rln#ioll. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 [~¢J~Jon of Al~hJ~t. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of(l) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 ¥1rne Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Clainl, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Ctaim has been implemented by Change Order will not be considered unless submitted in a timely manner. AIA OO~U~brt &201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON, D.C. 2(XY06 WARNING: Unlicensed photocopying violates U.S. copyright I~ and I$ subject to legal prosecution. A201-1987 11 4.3.4 Continuing Contract Perlom~ance. Pending ~ reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Cbllm$ for Corl~mled or Unknown Conditions. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ mated- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will prorr~ptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjusm~ent in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the temls of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either part)' in opposition to such determination must be :alade within 21 days after the Architect h~ given notice of the decision. If tile Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- ruination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work, In the case of a continuing delay only one Claim is necessary, 4.3.8.2 If adverse weather condirions are the basis for a Claim for addilional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3,9 Injury or Damage to Person or Property. ff eilher party to the Contract suffers !njury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be tiled as provided in Subparagraphs 4.3,7 or 4,3.8, 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 Ifa Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved aller consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. ~y controversy or Claim arising out of or related to the Cnntract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. 12 A201-1987 WARNING: Unlicensed photocopying violates U.S. copyright lav, s and is subject to legal ~)msecutlon. 4.5.2 Rules and Nofice~ for Anbitratlon. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, Jf subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction industry Arbitration Rules of the American Arbitration Association cur- rently in effect, unless the parties mutually agree otherwise, Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be fried with the Architect. 4.5.3 Contract Perfomlance Dorlr~l Ari~4ration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- trafton of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2, 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. if the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.I and 4.5.4 and Clause 4.5.4: as applicable, and in other cases within a reasonable th'ne after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5.5 Umltaflon on Consolidation or Joind~r. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration ora dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DERNITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singuhr in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor. as soon as prac- ticable afxer award of the Contract, shall furnish in wrinng to the Owner through the Architect the names of persons or emi ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal pot tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity Failure of the Owner or Architect to reply promptly 5ball constitute notice of no reason- able obiection. 5.2.2 The Contractor shall not contract with a proposed per son or entity to whom the Owner or Architect has made rea- sortable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AIA DOCUMENT A20! * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · © 1987 THE AMEI~ICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON~ D C A201-1987 13 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 5.3 SUBCONTRACTUAL RELATIOHS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- menu, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assigmnent is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph l 4~2 and only for those subcontract agreements which the Owner accepts by noticing the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves thc right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation, If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6,1,4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- structinn and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon constmction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor 5o to report shall constitute an acknowledgment that the Owner's or sepa rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph t0.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO C$.EAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and ~ubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines ~o be just. 14 A201-1987 A~ DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDiTiON AIA® * ©t987THE AMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N,W..WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to ~gat prosecution. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted, CHANGE ORDERS '/.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work: .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. ?.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and sigDed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the foftowing methods: .1 mutual acceptance of a lump sum propedy itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. ?.3,s. Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. ?.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.$.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum. the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Docdments, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .tS costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .$ additional costs of supervision and field office person- nel directly attributable to the change. 7.$.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment, The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shaft be figured on the basis of net increase, if any, with respect to that change. 7.$.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.$.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AIA DOC1J~ENT A201 · GENERaXL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTIt EDITION AIA® · © 1987 THE AMERIC&N INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to lega~ prosecution. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and sha]! be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work, 3.1.2 The date of commencement of the Work is the date established in the Agreement, The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible, 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work, 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be ~rnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Comractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3, 8.3.3 This Paragraph 8.3 does not preclude recovery of dan~- ages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment, 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents, 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because ora dispute or other 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. shall be conditioned upon compliance by the Contractor with Owner's interest, and shall include applicable insurance, equipmem stored off the site, 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that npon submittal of an Application for Paymem all Work for which Certificates for Payment have been previously issued and payments received frnm the Owner shall, tu the best of the Contractor's knowledge, information and belief, be free and other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9,4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the 16 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AI^® · ©1987 THEAMERIC^NINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, NW., WASmNGTON. D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is su~ect to legal prosecution. Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance ora Certificate for Payment will constitute a representation by the Architect to th& Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will f~rther constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance ora Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.6 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architects opinion the representations to thc Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.41. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner The Archi- tect may aisc) decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .9 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5,2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.9.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Agticle 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to corn plete and correct items on the lisL Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments, Upon receipt of the ContractOr's list, the Architect will make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION" FOURTEENTH EDITION AIA® * ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C A201-1987 17 WARNING: Unlicensed photocopying violates U.S. copyright Imvs and is sulYject to legal prosecution, nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or des;~nated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.9.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adiustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9,2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AHO FIHAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to £mal payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancel]ed or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form ~ may be designated by the Owner. Ifa Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, incIuding all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. 18 A201-1987 AIA DOCUMENT ~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AiA® · ~)1987THEAMER[CANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE. N.W.WASHINGTON. D.C. 20OO6 WARNING: Unlicensed photoco~/Ing violates U.S. copyright lav~ and is subject to legal prosecution. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SA~ Y PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing, The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and agar. st claims, dan~ages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, dmnage, loss or expense is attributable to bodily in}ury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itsel0 including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder, Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and railities not designated for removal, relo- catk)n or replacement L;~ the course of constmctk)n. 10.2.2 The Contractor shall give notices and comply with applicable taws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss, 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.$ The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10,2.1.2 and 10.2,1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3,18, 10.2.0 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing tO the Owner and Architect 10.2.7 The Contractor shall not load or permK m~y part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, iniury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by m~y of them, or by anyone for whose acts m~y of them may be liable: .1 claims under workers' or workmen's compensation, di~tbility benefit and other sine, ir employee benefit acts which are applicable to the Work to be performed; AIA DOCUMENT A201 * GENER3. L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * © ~987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C 20006 A201-1987 19 WARNING: Unlicensed pholocopyin~ violates U.S. copltright laws and is subject Id legal prosecution. .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 clahns for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .$ claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .? claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 1 1.1.~' The insurance required by Subparagraph 1 1.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be main- taineri after final payment, 1 1.1.$ Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given Id the Owner If any of the foregoing insurance coverages are required to remain in force after final payment and are reason ably available, an additional certificate evidencing continuation of such coverage shall be submirted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9. I () or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 1 1.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub subcontractors in the Work. 11.3.1.1 Property insurance shalI be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which wiIl protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto. 11.$.1.$ If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, die Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles, 11.3.1.4 Unless otherwise provided in the Contract Docu rnents, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portious of the Work in transit 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in the Work, and the Owner and Contractor shall be named insureds, 11.3.3 LOSS o1 Use I~tsurallC~. The Owner, at the Owner's option, may purchase and lnaintaln such insurance as will insure the Owner against loss of use of the Owner's property due tn fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential insses due to fire or other hazards however caused. 11.$.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property iusuraoce policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contracn)r by appropriate Change Order. 20 A201-1987 ArA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEW YORKAVENDE, NW.WASHINGTON, D C 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may Occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11,3. Each policy shall contain all generally applicable conditions, defini- tions, exclu~tons and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 W$~h/ers of Subrogatkl~. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages Caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insura~ce held by the Owner as fiduciary, The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac tots, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11,3.9 If required in writing by a party in interest, the Owner as firiuciary shall upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro~ ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4,5. If after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order, 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance prOceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12,1.1 If a portion ol the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12,1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whetber or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, incinding additional testing and inspec- tions a~d compensation for the Architect's services and expenses made necessary thereby, 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the date ArA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · © 19B7 THE AMER1CAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON, DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal pn3secution. for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actdal performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time t'Lxed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency If payments then or thereafter due the Contractor are not sufficient to cover such a~ount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF HONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiting its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNIHG t.~W 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall a~sign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon written authorization from tile Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 Al& DOCUME~IT A201 · GENERAL CONDITIONS OF THE CONTRACT EOR CONSTRUCTION · FOORTEENTH EDITION AIA~ · © t987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D.C 20006 WARNING: Unlicensed photocopying violates U.S. copyei~ht laws and is sub~ect to legld prosecution. The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.6.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Acchitect. 13,5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13,6 INTEREST 13,6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from rime to time at the place where the Project is located. 13.7 CO~#~F_NCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 ,~ between the Owner and Contractor: .1 Before Substantial Completion, As to acts or failures to act occurring prior to the relevant date of Substan tial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Cerflfi- cate fo~ Payment. ,~s to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Paymem; and .3 After Final Certificate for Payment. ~ tO acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and ail events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3,5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 ~TIOH BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certiticate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 ffrepeated suspensions, delays or interPaptious by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having jurist diction; or .4 otherwise is guilty of substantial breach ora provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to jus- ~ D~ ~201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIAe · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D C 20006 WARNING: U nlicense~ photocopying violates U.'~. copyright laws and is subject to legal prose~ut;o~. A201-1987 23 tilt such action, may without prejudice to any other rights or remedies of the Owner and after giving the Conteactor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ecy thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .;~ finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.$ When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of fullshJng the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY TIlE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 1~,.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion, No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.8.$ Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 ~ DO~O~I~I~ ~1 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCIt [TECTS. 1735 NEW YORK AVENUE, NW, WASHINGTON, DC 200~6 WARNING:, Unllce nsed photo~o~ng vlolate~ U.S. copyright laws and is subject to legal pmsecu#on. 3~87 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: ,7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. Town Hall Mechanical System: G-1 .2 .3 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): f. Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: Town Hall Mechanical System: G-2 (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signature: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) will execute (Surety Company) the Surety Bonds as herein-before provided. Signed: Date: Authorized Official, Agent or Attorney IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Town Hall Mechanical System: H-1 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS that for (Contractor) and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (dollars) (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: or supplements thereto. ,20__ and any admittance IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its hereto affixed and duly attested by and its corporate seal to be its this day of ,20 __ Attest: Principal: Town Hall Mechanical System: I-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for Town Hall Mechanical System: at SOUTHOLD TOWN HALL 53095 Main Road Southold New York 1'1971 (Attach Wage Rate Information Here) Town Hall Mechanical System: J-1 PAYROLL CERTIFICATION FORM persons employed on said project h~ve been $mld (he fuU wee{dy wage~ e~rned (~xc~Y m nM~d ~ 10- ~M M~n~ from the full weekly wages earned by any person and that nodeductJons havebeen madeeltherdli~.-tJyor Indirectly fTomthe ftdl wages eamed by any person Mher than pewnisslble deductJor~ as defined by Regula~ons issued by the New York State D~partment of labor. If [] aFO(~ce listed ~n ~he ib(w~ ~Mtrlfl~d I~M(, P~Yme~b M' ~m~e bIM~tb n~ II(UKI In b~e coCa'ct Imve b~n o~ wtll be th~ amount of the mq~ed fflog~ i~m~as as ll~ed In the co~ exc~ ~ nM~d In Sectl,~a 4 (¢) bek)w. (NOTARY & SEAL) OF . )~u. 2~ Town Hall Mechanical System: K-1 ,,' Town Hail Mechanical System: K-2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS' 1. The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. B. FEDERAL REI~UI ATIONS: CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $ 10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Town Hall Mechanical System: M.1 2. NOTICE TO PROSPECTIVE SllRCONTRACTORE; OF RFOUIRFMENT FOR CERTIFICATIONS OF NON SI=GREi~ATED FACILITIES_ A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 - which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) (2) (3) (4) (S) (6) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in parf and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 1'1245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Town Hall Mechanical System: M-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provide_d, hnwev~r, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 3. FEDERAL PROCUREMENT REGULATION~ EOUAL OPPORTUNITY IN EMPLOYMENT ~ Re.norf.~ and Other R:eqmmired Information (a) Requirements for prime contractors and subcontractors. ('!) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. Town Hall Mechanical System: M-3 1-12.805.4 Report.~ end Oth~.r Ren?ired Inforrnefion (b) Requirements for bidders or prospective contractors. ('l) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: (2) "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. (2) In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. (c) Use of reports'. Reports filed pursuant to this 1-12.805,4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. Town Hall Mechanical System: M-4 ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSAthrough the contracting or administering agency. The stock number for the form is as follows: Standard Form No. 100 Stock Number 7540-926-2049 Title Equal employment opportunity employer information report. 1-12.805.4 PRi~CURI=MFNT RTANI~ARDR All contracts for ~ or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for ~ contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of J~ hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-112 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Town Hall Mechanical System: M-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Sub-grantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and sub-grants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the contro] of the contractor. In ali contracts for c~n;frllr_fi~n or facility improvement awarded in excess of $ 100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. Ail contracts and sub-grants in excess of $ 10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or sub- grantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or sub-grantees and to assure that suspected or reported violations are promptly investigated. Town Hall Mechanical System: M-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman 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 the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplen~ents not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his 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 New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e, which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no 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; (b) That no contractor, subcontractor, nor any person on his 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. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); ( C ) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; Town Hall Mechanical System: M-7 (d) That this contract may be canceled or terminated by the State or municipality, 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 section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. Town Hall Mechanical System: M-8 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Town Hall Mechanical System: N-1 eo The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies othenvise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harm/ess against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Town Hall Mechanical System: N-2 CONSTRUCTION SPECIFICATIONS TOWN HALL BOILER ROOM SECTION 100 General Conditions: 1.01 Work covered in contract documents shall include but not be limited to: A. The work in this project includes the demolition of the existing Town Hall Boiler & related facilities. This will include the disconnection of piping, valves, circulators, insulation, wiring & electrical controls. All HVAC piping within the Boiler room shall be cut and capped and removed. All pipe end sections to remain shall be as required for re- connection by the contractor to serve the existing Town Hall. Demolition shall also include the removal of existing gypsum ceiling and all pipe hangers. The disposal of all debris generated by this demolition work shall be the responsibility of the Contractor. B. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred there from. The Contractor shall also reinstall the electric light fixtures. C. This contract includes all site work necessary for the completion of work. This shall include the removal and replacement of the existing fire rated gypsum ceiling & fire stopping at all penetrations. 1.02 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if written fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. 1. Applicable codes or ordinances of local governing agencies. 2. National Fire Protection Association (NFPA) 3. New York Building, Plumbing, Mechanical & Fuel Gas Codes. 1.03 Barriers, barricades & other protective means shall be provided by the Contractor around all areas of work during construction. Barricades shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. 1.04 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate substitutions into the work. This shall including additional engineering, certification or testing. No claims for additional cost related to substitutions will be allowed and all substitutions shall be subject to the following: A. For products specified by naming only one product or manufacturer, or with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect if such a product is available. B. Substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. C. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. D. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects & waives all claims for additional costs. E. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. SECTION 300 Concrete: 3.01 The contractor shall provide a new concrete pad to support the new Boilers. This pad shall serve as foundation for the new Boilers and shall be a minimum of six (6") inches thick and be placed on top of the existing foundation pad. 3.02 Concrete shall have a compressive strength of 3,000 PSI @ 28 days and shall be shaped to accommodate the size of the new boiler installation. If the Contractor can adequately demonstrate that the existing pad is adequate and with approval of the Town, this item can be omitted from the contract. SECTION 1500 Mechanical: Hot Water Heating Plant 15.01 The Contractor shall provide a complete working plumbing system to serve the construction as indicated by these specifications. The systems shall be constructed in accordance with the requirements of the New York State Building, Plumbing, Mechanical & Fuel Gas Codes. 15.02 CONTRACTOR SHALL FURNISH AND INSTALL, WHERE INDICATED, A NEW HOT WATER HEATING PLANT IN ACCORDANCE WITH ALL MANUFACTURER'S INSTRUCTIONS AND IN COMPLIANCE WITH NFPA & ALL RULES & REGULATIONS CONTAINED IN THE NEW YORK STATE BUILDING, PLUMBING, MECHANICAL & FUEL GAS CODE. 15.03 Water Heating Plant shall be I=B=R approved as well as possess an MEA number for automatic operation with # 2 fuel oil. Heating Plant shall be a series of three (3) Model OR-330(A) operating in parallel. 15.04 Each module shall be completely factory-assembled to include one-piece fibre-ceramic combustion chamber, base assembly with front observation port, absorption unit, hi-limit aquastat and wiring. Manufacturer shall provide an ASME pressure relief valve with a capacity required for the module's gross output, a temperature/pressure indicator, a drain valve, and a fuel burner (double-swing barometric draft control for each module provided by contractor). 15.05 Each module's cast iron absorption unit construction shall be of horizontal section design to provide serpentine water flow through base, intermediate and top sections, with maximum heat transfer from deep-ribbed iron surfaces, assembled with one cast iron push nipple between sections. Units with vertical sections and multiple push nipples between sections are not acceptable. Cope seal shall be employed between sections to provide permanent gas-tight seal between sections. Sections shall be held together with draw rods. Flue collector shall be of same quality cast iron as absorption unit. Absorption unit shall be held to aluminized-steel base assembly by steel clips and bolts. Fibre rope seal shall be provided between absorption unit and base assembly. 15.06 Each burner shall be UL-approved, fuel #2 oil burner with safety controls for both fuels to lock out burner in the event of flame failure. Burner shall be equipped with a single-stage fuel pump, set for two-pipe operation having a maximum operating pressure of 125 psi, and with an oil solenoid valve, normally closed, with 300 psi maximum operating pressure. 15.07 All boiler controls shall be tekmar 254 for increased thermal efficiency and longevity of the heating plant. Heating plant control system may be provided by an approved wiring diagram and shall supply night setback capability of system in conjunction with a tekmar indoor sensor. All auto- changeover panels shall be engaged by a single Heat-Timer COC controller. 15.08 Contractor shall provide an Engineering drawing of the Heating Plant installation "As Built" including piping, wiring and controls. Product to be delivered upon approval of installation. Upon completion of installation, the Contractor shall be responsible for a thorough cleaning of the entire chimney. When cleaning is complete, the heating plant shall be started and operationally tested in the presence of a representative of the Heating Plant Manufacturer and the Town Architect. 15.09 The new boilers shall be installed to allow for independent operation of each boiler. The new installation shall also be modified to isolate the chiller from Hot Water Flow and the New Boilers from Chilled Water during summer months. 15.10 Ail new HVAC Piping within the Boiler Room shall be copper. Size of pipe shall be as indicated by drawing but in no case shall it be less than required by code or manufacturers specifications. The location of all pipe installed within the room shall be such that it provides easy access to all fittings, circulators, valves & devices while not restricting access to the Boilers or Exterior Door. The table contained herein contains a list of materials required for this project. It has been provided for reference only and may not contain items necessary for a complete project. The contractor shall be responsible for all items required for construction not specifically referenced here. ITEM NO. NWl' EACH EXT. COST B-1,2~ 3 HydroTberm OR-$$OA #2 OIL-FIRED 3 Dry BASE CAST IRON HOT WATER BOILER CAP 3 990 MBH INPUT / 811 MBH GROSS OUTPUT BURNER 3 FLAIVIE RETENTION FORCED DRAFT OiL BURNER FLUE 3 CAST IRON $" ROUND SMOKE HOOD CONNECTION JKTS 3 INSULATED JACKETS FACTORY INSTALLED REL VA 3 30 PSI ASME RELIEF VALVE BCP 3 TACO 0012 CIRCULATOR w/flanges F CH K 3 TA CO FLO-CHEK #22 l t.25" NFl' UNIV. POST PURGE 3 POST PURGE RAIL MOUNTED RELAY$ FOR BOILER POST PURGE FlEA TURE I LOW WATER CUTOFF ] LWCO HI-LIM I L4006E MANUAL RESET HI-LIMIT AQUASTAT FRT I FREIGHT TO YOUR WAREHOUSE HWP-I,-2 2 TACO K¥-2009 VERTICAL IN LINE pLrMPS 2 3HP/1750 / 200V / 3PH/60 Hz 2 DPEN DRIP PROOF MOTORS 2 l" x 2" 125 PSI FLANGED CONNECTIONS 2 llTgpm VS 60ft TDH 2 CUSTOMIZED BRONZE IMPELLER 2 PRESSURE GAUGE TAPPINGS ~ VOLUTE FLANGES 2 BRONZE WEAR RINOS F CHK 2 TACO FLO-CHEK #223 2' NPT UNIV. Suction side 2 MODEL 3S 30B YU2 WITH ACCESSORIES iso and stainer 2 l' SWEAT X 2" NPT CONNECTIONS AS-i I T~ICO MODEL 435-5 2.5" AIR SCOOP AVAS-I I TAC0#426.2 Hyvent ~ AIR SCOOP TAPPING PRV-1 1 TACO PRESSURE REDUCING VALVE I MODEL 3350 - T1 I/2' SWEAT CONNECTION5 Chill Water 1 GRISWOLD UNIMIZER 2-WAY MOTOR]ZED Control Valve BALL VALVE WITH NEPTRONICS ON/OFF ACTUATOR 90SEC CLOSE 1-1/4" WITH 1-1/4" BALL 3URD4$BIT BLR CONTROL 1 HYDRO TEK BOiLER STAGING CONTROL WITH OUTDOOR RESET, STAGING, AND ROTATION FOR EVEN BOILER CYCLE WITH INDOOR SENSOR COC I HEAT TIMER COC CHANGE OVER CONTROL FOR SUMMERfWFNTER CHANGEOVER WITH PROGRAMMABLE DEADBAND AND TEMPERATURE DIFFERENTIAL I wiring/piping/site I WiRING/CONTROL SEQUENCE/PIPING DIAGRAMS ~t itt ELIZABETH A. NEVILLE TOWN CLERK REGISTR3~J:~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 807 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 3, 2002: RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Elizabeth Neville to advertise for bids for the supply and installation of a new mechanical system to service the Southold Town Hall. Items covered in this proposal shall include but not be limited to; boilers, circulators, pumps, piping and fittings, within the existing boiler room at Southold Town Hall, in accordance with the plans and specifications prepared by James Richter, Southold Town Engineering Dcpartmem. Elizabeth A, Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 807 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 3, 2002: RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Elizabeth Neville to advertise for bids for the supply and installation of a new mechanical system to service the Southold Town Hall. Items covered in this proposal shall include but not be limited to; boilers, circulators, pumps, piping and fittings, within the existing boiler room at Southold Town Hall, in accordance with the plans and specifications prepared by James Richter, Southold Town Engineering Department. Elizabeth A. Neville Southold Town Clerk RESOLUTION DECEMBER 3, 2002 V - 807 RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Elizabeth Neville to advertise for bids for the supply and installation of a new mechanical system to service the Southold Town Hall. Items covered in this proposal shall include but not be limited to; boilers, circulators, pumps, piping and fittings, within the existing boiler room at Southold Town Hall, in accordance with the plans and specifications prepared by James Richter, Southold Town Engineering Department.