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Home My WebLink AboutWalking & Jogging Track 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID ON WALKING & JOGGING TRACK BID OPENING: 10:00 AM~ THUSDAY, MAY 18~ 2000 TWO (2) BIDS WERE RECEIVED: Corazzini Asphalt Inc. Box 1281 Cox Lane Cutchogue, New York 11935 Item 1 Item 2 $33,500.00 $79,600.00 Paul Corazzini Jr. & Sons Inc. 3120 Albertson Lane Greenport, New York 11944 Item 1 Item 2 $39,300.00 $71,000.00 INVITATION TO BIDDERS: CONSTRUCTION OF A WALKING & JOGGING TRACK Peconic Lane Park Peconic Lane Peconic, New York 11958 DATED: MARCH 21, 2000 J~]l~l~"~][ ~[ SOUTHOLD TOWN ,,/I / I--",1,, , .,, ,,.// Ill ENGINEERING DEPARTMENT J[ ..).J~_.~LL~I $outhold Town Hall, $outhold, New York INVITATION TO BID PROJECT: WALKING & JOGGING TRACK - Peconic Lane Park Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of the Walking & Jogging Track @ Peconic Lane Park, Peconic Lane, Peconic, New York 11958, in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York 11971. The proposal form will consist of individual construction items of work specified and detailed in the contract documents. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, NewYork 11971, until 10 AM, Thursday, YlCt'f I~ ,2000. All specifications are provided herein: drawings to be attached. A fee often 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 pedod. 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. Please advise if you intend to bid or not. Dated: J~¢~tL, q.000 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Walking & Jogging Track 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. Proposal forms shall include two (2) separate items. Item #1 shall include all site preparation and construction for the placement of the asphalt track including the final grading and seeding of the site construction area. Item #2 shall be for the installation of the Cast-in-place Synthetic Track Surface system as specified by section 2900 of the construction specifications contained herein. The Town of Southold reserves the right to select bid Item #1 only or bid items #1 & #2 together. 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, 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 judgement, 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. Walking & Jogging Track B-1 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. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there 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 Al01 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". 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. 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. Walking & Jogging Track 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 interlineation, 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 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 one hundred twenty (120) working days. Walking & Jogging Track B-3 INDEX TO SPECIFICATIONS: BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond GENERAL CONDITIONS A - 1 through A - 1 B- 1 through B- 3 C- 1 through C- 1 D - 1 through D - 2 E-lthrough E-1 F-lthrough F-1 AIA Document # A310 AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law 8, Other Dept. of Labor Regulations AIA Document # A201 H - 1 through H - 2 K - 1 through K - 1 L - 1 through L - xx M - 1 through M - 2 N - 1 through N -8 DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Construction Facilities & Temporary Controls 1010- 1 through 1010- 1 1500 - 1 through 1500 - 1 DIVISION TWO - SITE WORK Site Preparation Earthwork Paving & Surfacing Site Grading & Seeding Synthetic Track Surface 2100 - 1 through 2100 - 2 2200 - 1 through 2200 - 3 2500 - 1 through 2500 - 4 2800 - 1 through 2800 - 2 2900 - 1 through 2900 - 2 INDEX TO DRAWINGS: SP - 1 SITE PLAN (SEE ATTACHED) Walking & Jogging Track C-1 PROPOSAL FORM NAME OF BIDDER: DATE: Tel: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 1197'1 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: MARCH 21, 2000, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgn~ent 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: WALKING & JOGGING TRACK - Peconic Lane Park PECONIC LANE, PECONIC, NEON YORK 11958 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, Southold, New York 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: ITEM #: l - This item will include all of the work for the construction of the asphalt track as detailed by the plans and specifications contained herein; and any other reasonably inferred items required to complete the items referenced herein and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: ' (',,;a-it{et~ in words) (written in numbers) Walking & Jogging Track D-1 PROPOSAL FORM - Cont. ITEM #: 2 - This Item will include the application of the synthetic track surface as detailed by the plans and specifications contained herein; and any other reasonably inferred items required to complete the synthetic surfacing of the track and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (written in {vords) (written in humbers) 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 accompanyingthis proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be r.etumed 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 perio~l of pf°eri~;(fl.ve (45) days' the T°wn will s~~th~P~p°sa' cFtual agreement may extend this tirne Date: Business Address: Walking & Jogging Track 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. 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 pdces 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 pdor 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 ~)[her person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. 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 statame0ts 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 Resolvedthat c.~,q,~ ~,z_~ZZl,~..,-of ~/~' ¢ ~-z'z./,,~_.;~ ,/~. /~/-T (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be WALKING & JOGGING TRACK - Peconic Lane Park PeconicLane, Peconic, NewYork 11958 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 mis- 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, 4965 Ch. 76t, Sec. t03-(I, as amended effective September 1, 1965 /~'x'~.,Z~ dayof ,)~..~/ //~ // ,19~ Walking & Jogging Track ~OT~d~Y~ 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. I intend to use the following listed c~onstruction trades in the work under the contract_ ' "T'''z J D ; 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 the 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 minodty 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, la,Vi Iml i n°ibstta~nf rg° m e a c h ° f?('~Sa ~ p~gK(jhbe( w~Ct(~f Sa a~s uSl~cbo~i~r ta~ohreuCn°dnet [ ] ~I isn cgo°r rt r a ct t h e subcontractor~,,~T~~ /b~yTid Conditions. (Sig/l((ature of Auth"5 Zed R/~resentative of Bidder) Walking & Jo/~ging Track F 1 PROPOSAL FORM NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 1197'1 MEMBERS OFTHEBOARD: 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: MARCH 21, 2000, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgment 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 preposal 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: WALKING & JOGGING TRACK - Peconic Lane Park PECONIC LANE, PECONIC, NEW YORK 1'1958 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, Southold, New York 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: ITEM #: t - This item will include all of the work for the construction of the asphalt track as detailed by the plans and specifications contained herein; and any other reasonably inferred items required to complete the items referenced herein and all in accordance with the Contract Documents, The above referenced activities will be completed for the stipulated "lump sum" of: (written in words) (written mbers) Walking & Jogging Track D-1 PROPOSAL FORM - Cont. ITEM #: 2 ~ This item will include the application of the synthetic track surface as detailed by the plans and specifications contained herein; and any other reasonably inferred items required to complete the synthetic surfacing of the track and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (wdtten in rrbmbers) 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 o~ 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. Signature of Bidder: Date: Business Address: Walking & Jogging Track 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 ~r 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 pdces 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 tither 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 (Name) (Name ~ ~mfion) authorized to sign and submit the bid or proposal of this ~omfion for the following Project: be WALKING & JOGGING TRACK - Peconic Lane Park Peconic Lane, Peconic, NewYork 11958 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 mis- 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. 75¶, Sec. t03-d, as amended effective September 1, 1965 Walking & Jogging Track 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. I intend to use the following listed construction trades in the work under the contract_ 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 the 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, I will obtain from each of my 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) Walking & Jogging Track F-1 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 furnishing all labor, materials and equipment as required for the construction of a Walking F, Jogging Track at Peconlc Lane Park, Peconic Lane, Peconlc, N~ew York, all in accordance with specifications prepared by James A. Richter, R.A. Specifications may~ be obtained at the Office of the Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York, upon payment of a $10.00 non-refundable fee. The sealed bids, together with Non-Collusive Bid Certificate will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, N.Y., until 10:00 A.M., Thursday. May 18, 2000, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reser:ves the right to reject any and all bids and to waive any and all informalities in any bid and retain bids for ~5 days from the date of receipt should it be deemed in the best interest of the Town of Southold to do so. The contractor may not withdraw his bid during this period. Performance and payment bonds in the amount of 100% of the contract price will be required of the successful bidder. All bids must be signed and sealed in envelopes plainly marked "Bid on Construction of Walking F, Jogging Track - Peconic Lane Park", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. 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. Dated: May 5, 2000. BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY 11, 2000 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members' Town Attorney Engineering Inspector Richter Dodge Reports . , Brown's Letter Burrelle~s Information Services Construction Information Data Construction 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 May 20§0 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 Boardy Southold Town Hallr 53095 Main Road, Southold~ New York. Legal Notice - Notice to Bidders for the construction of a Walking ~, Jogging Track at Peconic Lane Park, Peconic Lane, Peconic, Bid Opening at 10:00 A.M. , Thursday, May 18, 2000. Elizabeth A.[ Neville Southold Town Clerk Sworn to before me this Rth day of Ma.v , 200~. ~ Notary/Publlc t - UNDA J. COOPER Notary Public, State of New York No. 4822563, Suffolk Ct~unty Term Expires December 3% T A M E R I C ^ N I N S T I T U T E 0 F A R C II I T E c T AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS 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 i:tocuh'ient has been approved and endorsed by the Associated General Contractors of Amedca. 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 provisioras without written permission of the AIA violates the copyright laws of the United ~tates and will be r~abject to legal prosecutiona.. ' CAUTION: You should use an original AIA document which has this caution printed In red. An original euures that changes will not be obscm'ed as may occur when documents are reproduced. INDEX Acceptance ol Nonconforming Work 9.().6, 993.12.3 Acceptance of Work 9.66, 982, 993.9 l01,9, lO 3 AccesstoWork 3.16,621,121 Accident Prevention 42.3, 10 Addenda I I 1,3 II Additional Inspections and Testing 4.26,9.8.2, 12.2.1, 135 Additional Time, Claims for .......... 4.3.6, 4.3.8, 4.3.9, 8.32 ADMINISTRATION OF THE CONTRACT ..... 3.33,4,94,95 Advertisement or Invitation to Bid ................ 1.1. I Aesthetic Effect 4.2.13, 4.51 Allowances ............................... 3.8 AppllcaUon$ for Payment .. 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3, Approva[s 24, 333, 3.5, 3A0.2, 3.12.4 through 3.12.8, 3.183, Arbitration ................... 4. 1.4, 4.3.2, 4.3.4, 4.4.4, 4.6, Architect .................................. 4.1 Architect, Definition o f ............................. 4.1.1 Architect, Extent of Authority ........ 2.4,3.12.6,4.2,4.3,2,4.3.6, Architect, Limitations of Authority and Responsibility . 3.3.3,3.12.8, Architect's Additional Services and Expenses .......... 2.4,9.8.2, Architect $ Administration of the Contrect .......... 4,2, 4.3.6, 4.3.7, 4.4, 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. I, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright ................................. 1.3 Architect's Decisions .......... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, Architect's Inspections ........... 4.2.2, 4.2.9, 4,3.6, 9.4.2, 9.8.2, Architect's Instructions.. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1,12.1,13.5.2 Architect's Interpretations ................. 4.2.11,4.2.12, 4.3.7 Architect's On-Sit e Observations ........ 4.2.2,4.2.5,4.3.6,9.4.2, Architect's Project Representative ..................... 4.2.10 Architect's Relationship with Contractor ....... 1.1.2, 3.2.1, 3.2.2, Architect's ReLationship with Subcontractors .... 1.1.2, 4.2.3, 4.2.4, Architect's Represent ations ................ 9.4.2,9.5.1,9.10.1 Asbestos 10. I Attorneys' Fees ....................... 3 IS.I, 9.10.2, IO.1.4 Award of Separate Contract~ ........................... 6.1.1 Award of S~boontrect$ and Other Contracts for Portions of the Wonk .............................. 5.2 Bilk: Deflnlflonl .................................... 1.1 So6er and Mechlnc~y Inm:rance ..' ................... 11.3.2 Bonds, Lien ..................... . ................ 9.10.2 Bonds, Performance and Payment ..... 7.3.6,4, 9.10.3, I 1.3.9, 11.4 Change~ ........................................ 7.1 CHANGES IN THE WORK .... 3.11,4.2.8, 7, 8.3.1,9.3.1.1, i0.1.3 Claim, Definition of ............................... 4.3.1 Claims and Disputes ................ 4.3, 4.4, 4.5, 6.2.5, 8.3.2, 93.1.2, 9.3.3, 9.10.4, 10.1.4 Claims and Timely Assertion of Claims ............. 4~5.6 Claims for AddlUonal Cost ....... 43.6,4.3,7, 4.3.9,6.1.1, 10.3 Claims for AddlUonsl Time ............ 4.3.6, 4.3.8, 4.3.9, 8.3.2 Claims for concealed or Unknown conditions ............ 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 Cleaning Up ................................... 3.15,6,3 Commencement of Statutory Umltatlon Pedod .......... 13.7 COMPLETION, PAYMENTS AND ......................... 9 Conclitions of the Contract .................. t.l.l, 1.t.7, 6.1.1 Consent, Written .................. 1.3.t, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3,10.1.2, 10.1.3, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. t.1.4,6 Construction Change DIreoflves .... 1.1.1,4.2.8, 7,1,7.3, 9.3.1. l Contingent AsSignment of Suflcontrects ................ 5.4 Continuing Contract Perlormance .................. 4.3.4 CONTRACT, TERMINATION OR SUSPENSION OF THE ......... ' .... 4.3.7,5.4.1.1,14 Cont tact Administration ..................... 3.3.3, 4, 9.4,9.5 Contract pc£formancc During Arbit ration ............ 4.3.4,4.5.3 CoRtI~I~'t Sum ~ .................. 3.8, 4.3.6, 4.3.7, 4.4.4, 5.2.3, Contra~'t ~m, Definition of ...................... ' ...... 9.1 Contract Time ................. 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3, · ' 8.2.1, 8.3.1, ~.7, 12.1.1 Contract Time, Definition of. ........................ : 8.1.1 2 A201-1987 CONTRACTOR ........ 3 Contraclor, Definition of 3.1,6 12 Contractor's Bid I I I Contractor's Construction Schedules ........ 3.1 O, 6.1.3 Contractor's Employees . 3.3.2, 34.2, 38 I, 39, 3.18, 4.23, Contractor's Liability Insu fence 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 226, 3.12.5, 314.2, 4.24, 6, 122.5 Contractor's Relationship with Subcontractors ...... 1.2.4, 3.3.2, Cont factor'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 ............. 3.32, 3.18, 4.2.3, 10 Contractor's Review of Contract DocumenLs ..... 1.2.2, 3.2, 3.7.3 Contractor's Right to Stop the Work ...................... 9.7 Contractor's Pdght to Terminate the Contract .............. 14.1 Contractor's Submittals ....... 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, Contractor's Superintendent ...................... 3.9, 10.2.6 Contractor's Supervision and Const~uctio[~ Procedures ...... 1.2.4, 3.3, 3.4, 4,2.3, 8.2.2, 8.2.3, 10 Contractual Liability Insurance ................. 11.1.1.7, 11.2. I Coordination and Correlation .............. 1.2.2, 1.2.4, 3.3.1, Copies Furnished of Drawings and Specifications ... 1.3,2.2.5,3.11 Correction of Work ..................... 2.3,2.4,4.2.1,9.8.2, Co~t, I~finition o f ............................ 7.3.6, 14.3.5 Costs .... 2.4, 3.2.1,3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1, 5,2.3, C~ltIR~ and Patching ........................... 3.14, 6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, l~tmage to the Work ..... 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10,3, 11.3 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 Date o f Substantial Completion, Definition o f .............. 8.1.3 linty, Definition o f ................................... 8.1.4 Decisions to Withhold Certification .......... 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Cot rection o f ............ 2.3, 2.4.3.5.1,4.2.1, DC feet[ye Work, Definition o f ........................ 3.5.1 Delay~ end Extenelon$ of Time .......... 4.3.1,4.3:8.1,4.3.8.2, Disputes ............ 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2 Documents and Samples at the Site ...................... 3.11 Drawings, Definition of .............................. 1.t.5 Drawings and Sped ficatlons, Use and O,~nership o f ..... 1.1.1,1.3, Duty/.~ Revle~r Contract Documents and Field CondRtons ..... 3.2 Effective Date o f Insurance ...................... 8.2.2, 11.1.2 Emergencies 4.37, 10.3 Employees, Col~tractor's :, 32, 3~ 2, 381,3.9, 318 I. Equipment, Labor, Materials and 113, II .6, 34, 35 I, 621,736,932,9.33, 11.3, 1224, 14 Execution and Progres.s of the Work 1. 1.3, 123, 3.2, 3.4 I, 739,82,83,95,9.9 I, 10.2, 142, 14~ Execution, Correlation and Intent of the Contract Documents 1.2, 3.7 I Extensions of Time .......... 4.3.1,43.8,7.21.3,8.3,10.3.1 Failure of Payment by Contractor 9.5.1.3, 14.2.1.2 Failure of Payment by Owner ............... 43.7,9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion end Final Peyment ....... 4.2.1,4.2.9, 4.3.2, Financial Arrangements, Owner's ............. 2.21 Fire and Extended Coverage Insurance ................. I 1.3 GENERAL PROVISIONS ............................... 1 Governing Law ................................... 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials ............................ IO.1,10.2.4 Identification o f Conlract Documents ................... 1.2.1 Identification o f Subcontractors and Suppliers ............. 5.2.1 Infomlatlon end Services Required of the Owner ..... 2.1,2,2.2, Injury er Damage to Pereon or property ................ 4.3.9 Inspections ......................... 3.3.3, 3.3.4, 3.7. [, 4.2.2, lnst ructions to Bidders .............................. I.IA Instructions to the Con[ ractor .... 3.8.1,4.2.8,5.2.1,7,12.1,13.5.2 Icaura~ce, Boiler and Machinery .................... 11.3.2 Icauranca, Contmctor'a Liability ...................... 11.1 Insurance, Effective Date o f .................... 8.2.2, lt.[.2 Irmuranca, LO~ of O~e ............................. 11.3.3 Icaumn=e, Owner'aLlabll{ty ....................... :.. 11.2 Insumnca, ProperS/ ........................... t0.2,5,11.3 Insurartcc, Stored Materials .................... 9.3.2, 11.3.1.4 INSURANCE AND BONDS ............................. 11 Insurance Companies, Consent to Partial Occupancy . . 9.9.1, 11.3. I I Insurance Companies, Settlement with ................ 11.3.10 Intent of the Contract Documents ............... 1.2.3, 3.12.4, Interest .......................................... 13.6 Interpretations, Written .............. 4.2.1 I, 4.2.12, 4.3.7 Joinder and Conso[idation o f Claims Required ........... 4.5.6 Judgment on Final Award ......... 4.5.11 4.5.4.1,4.5.7 Lebor and Mateflals, Equipment 11.3.1.1.6,3.4,3.5.1,3.8.2, Labor Disputes ................................ . .'. 8.3.1 Laws and Regulations ....... 1.3, 3.6, 3.7, 3.13, 4.1.1,4.5.5, 4.5.7, UmltMIon on Consolidation or Jolnder ................ 4.S.5 IAmltation$, Statutes of ................. :. 4.5.4.2, 12.2.6, 13.7 Limitations of Authorit y .................... 3.3.1,4.1.2,4.2.1, A201'1987 3 LimitationsofTimc, Gcncral 221,224,32.h3.73, II 36, 122 I, 1222, 135, 137 LON of Use Ineumoce ........................... 11.3.3 Materials, Hazardous I0.1, 10.2.4 Materials, Labor, Equipnlent and .... 1.13, 1.1.6, 3.4, 3.5.1, 3.8.2, Means, Methods, Techniques, Sequences and Procedures of Construction ........ 3.3.1,4.2.3, 4.2.7, 9.4.2 Minor Changes In the Work .......... 1.1.1, 4.2.8, 4.3.7, 7.1,7,4 MISCELLANEOUS PROVISIONS ........................ 13 Mutual Re~oocelblllty .............................. 6.2 Nonconforming Work, Acceptsnce of .................. 12.3 Nonconforming Work, Rejection and Cot rection o f ........ 2.3.1, Notice ............. 2.3, 2.4, 3.2.1,3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8, 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 NoticeS, Pemllts, Fees and ...... 2.2.3, 3.7, 5.13, 7.3.6.4, 1 O.2.2 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 .......... 4.2.2, 4.2.9, 4.3.6, On-Site Observations by t he Architect ........ 4.2.2,4.2.5,4.3.6, Orders, Written ........ 2.3, 3.9, 43.7, 7, 8.2.2, 11.3.9, 12.1, OWNER ...................................... 2 Owner, Definition of .............................. 2.1 Owner, Information end Services Required of the ........ 2.1.2, Owcer'e Ulblllty Irmumnce .......................... 11.2 Ownet"s Lo~ of U~ Insurance ........................ I 1.3.3 Owner's ReLationslalp with Subeont rectors ............... I .I.~., Owner's Right to Carry Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Owner'l Right to Cle~n Up ............................ 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3,4.3.7 Owner's Right lo Suspend the Work 14.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents I I 1,1.3, 2.25.53 ParfialOccupancyor Use 966,9.9, 11.3 I1 Patching, Cutting end 3.14, 6.2.6 Patents, Royalties and 3.17 Payment, Applications for 4.2.5, 9.2, 9.3, 9.4, Payment, Certificates for ...... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, Payment, Failure o! .................. 4.3.7,9.5.1.3, Payment, Final 4.2 I. 429,432; 4:35,9:10, 11':1.2, Payment Bond, Performance Bond and ....... 7.3.6.4, Payments, Progress 4.3.419.3, 9~6, PAYMENTS AND COMPLETION ................ : g, 14 Payments t o Subcontractors .................... 5.4.2,9.5.1.3, PCB ....................................... IO.t Performance Bond and Payment Bond .............. 7.3.6.4, Permits, Fee~ end Notlce~ ....... 2.2.3,3.7,3.13,7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlodnated BIphcny] ............................. I0.1 Product Data, DcfinRion o f ........................... 3.12.2 Product Date and Sample~, Shop Drawings .... 3.11,3,12,4.2.7 Progress and Completion ................ 4.2.2, 4.3.4,8~2 Progress Payments ............................ 4.3.4,9.3, Pro]ect~ Definition of the .......................... ~. 1.1.4 Pro}¢~,.'t Manua[~ Definition o f t he ..................... 1.1.7 Project Manuals .................................. 2.2.5 Project Rep resentatives ............................. 4.2.10 Property Irllumnce .......................... 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Releases o f Waivers and Liens ...................... 9.10.2 Representations ...................... 1.2.2, 3.5.1, 3.12.7, Representatives ........................ 2.1.1, 3.1.1,3.9, Resolution of Claims and Disputes ............. 4.4, 4.5 Responsibility for Those Per forming the Work .......... 3.3.2, Review of Contract Documents and Field Conditions by Contractor ...... 1.22,3.2,3.7.3,3.12.7 Review of Shop Drawings, Product Data and Samples by Cont rector ...................... 3.12.5 Royaltle~ and patents ............................... 3.17 Rules and Notices for Arbitration 4.5.2 Safety of Persons and Property 10.2 Safety Precautions and Programs 4 2.3. ~ 2 ~, 10.1 Samples, Defini0on of 3123 Samples, Shop Drawings, Product Data and . 3 1 I. 3.12, 4.2 ~ Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3 I Schedules, Construction '~.1o Separate Contracts and Contractors I. 1.4, 3142, 4.24. 4.55.6, 113.7, 1212, 12.2.5 Shop Drawings, Definition of .............. 3.12 I Shop Drawings, Product Data and Samples 3.11,3.12,4.2.7 Site, Use of ........................ 3.13, 6A 1,6.2.1 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 Site Visits, Architect's ............... 4,2.2, 4.2.5, 4.2.9, 4.3.6, 9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10 I, 13.5 Special Inspections and Testing ...........4.2.6, 1221, 13.5 Specifications, Definition of the .............. t. 1.6 Specifications, The ......... 1.1.1,1.1.6, I.I.7, 1.2.4, 1.3,3,11 StatutesofLimitations ................... 4.5.4.2, I2.2.6, 13.7 Stopping the Work ............ 2.3,4.3.7,9.7, 10.1.2, 10.3, 14.1 Stored Materials .......... 6.2.1,9.3.2, 10,2.1.2, 11.3.1.4, 12.24 Subcontractor, Definition o f ........................... 5,1.1 SUBCONTRACTORS ................................. 5 Subcontractors, Work by .................. 1.2.4,3.3.2,3.12.1, 4.2.3, 5.3, 5.4 Subcontractual Relations .............. 5,3, 5.4, 9.3.1.2, 96.2, 9.6.3, 9.6.4, 10.2.1, 11,3.7, 11.3.8, 14.1,1, 14,21.2, 14.3.2 Submittals ......... 1.3, 3.2.3, 3.10, 3.11,3.12, 4.2.7, 5.2.1,5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9,1, 9.10.2, 9.10.3, 10.1.2, 11.1.3 Subrogation, Walvem of ................. 6.1,1, 11.3.5,11.3.7 S uhstan ftel Co repletion ............. 4.2.9,4.3.5.2,8.1.1,8.1.3, 8.2.3, g.9, 9.9.1~ 12.2.1, 12,2.2, 13.7 Substantial Completion, Definitiqn o f .................... 9,8.1 Substitution o f Subcont factors .................... 5.2.3,5,2.4 Substitution of the Architect ........................... 4,1,3 Substitutions of Materials ............................. 3,5.I Sub-subcont rector, Definition o f ....................... 5,1,2 Subsurface Conditions ............................... 4.3.6 Succe~Ol~ Ind Assigns ............................ 13.2 Superintendent ............................... 3.9, 10.2.6 Supentlslon ind Construction Procedure~ ...... 1.2.4,3.3, 3.4, 4.2.3, 4,3.4, 6.1.3, 6.2.4, 7.1.3, 7,3.4, 8.2, 8.3.1, I0, 12, 14 Surety ............... 4,4.1, 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, 9.10.3 Surveys .................................... 2.2.2, 3.18.3 Suspension by the Owner for Convenience 14.3 Termination by the Contractor 14.1 Termination by the Owner for Cause 5 4 1 t. 14.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 333, 42 O, 429,9.4.2, 12.2.1,13.5 TIME 8 Time, Delays and Extensions of 4.3.8,7.2.1,8.3 Time LImRs on Claims 4.3.2, 4!3.3, 4:3,6! 4,3.9, 4.4, 4.5 Title to Work 93.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK .......... 12 Uncovering of Work .......................... 12.1 Unforeseen Conditions ................... 4.3.6,8.3.1, 10.l Unit Prices .............................. 7.1.4,7.3.3.2 UseofDocuments .......... l.l 1, 13,2.2.5.3.12.7,5.3 Uae of Site .............................. 3.13,6.1.1,6.2.1 Vel~ie$, Schedule of ............................ 9.2,9.3.1 Waiver of Claims: Final 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 .................................... 9.10.2 Waivers of Subrogation ................... 6.1.1, l 1.3.5, 11.3.7 Warranty and Warranties ................. : ....... 3.5, 4.2.9, Weather Delays ............................... 4.3.8.2 When Arbitration May Be Demanded .................. 4.5.4 Work, Definition of .............................. 1.1.3 written Consent ............. i.3.1,3,12,8, 3.14.2, 4.1.Z, 4.3.4, written Notice ........... 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4, Written Orders ......................... 2.3, 39, 4.3,7, A201-1987 5 INVITATION TO BIDDERS: CONSTRUCTION OF A WALKING & JOGGING TRACK Peconic Lane Park Peconic Lane Peconic, New York 11958 DATED: MARCH 21, 2000 ENGINEERING DEPARTMENT ~ Southold Town Hall~ Southold~ New York! INVITATION TO BID PROJECT: WALKING & JOGGING TRACK - Peconic Lane Park Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of the Walking & Jogging Track @ Peconic Lane Park, Peconic Lane, Peconic, New York 11958, in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York 11971. The proposal form will consist of individual construction items of work specified and detailed in the contract documents. Bids will be received at the office of the Southold Town Clerk; Southold TownHall, 53095 Main Road, Southold, NewYork 11971, until 10 AM, Thursday, l'lP~'f 1~5 ,2000. All specifications are provided herein: d?awings 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 dght 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. Please advise if you intend to bid or not. Dated: ~¢&lh I1¢ ILl00 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Walking & Jogging Track 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" beadng title of work, and Bidders Name. Proposal forms shall include two (2) separate items. Item #1 shall include all site preparation and construction for the placement of the asphalt track including the final grading and seeding of the site construction area. Item #2 shall be for the installation of the Cast-in-place Synthetic Track Surface system as specified by Section 2900 of the construction specifications contained herein. The Town of Southold reserves the right to select bid Item #1 only or bid items #1 & #2 together. 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, payable to the Town of Southold. As soon as the proposal pdces have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, 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. Walking & Jogging Track B-1 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. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and road publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties aro invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical, a contract may beawarded-te 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 (Stipulated Sum)". The Town will either award the project or reject all proposals roceived 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. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized reprosentative's written request presented not later than the hour set for the opening theroof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be roturned to him unread. Walking & Jogging Track B-2 G. REJECTIQN 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 interlineation, 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 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 one hundred twenty (120) working days. Walking & Jogging Track B-3 INDEX TO SPECIFICATIONS: BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders index to Specifications Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond A - 1 through A - 1 B - 1 through B - 3 C - 1 through C - 1 D - 1 through D - 2 E - 1 through E - 1 F-lthrough F-1 AIA Document # A310 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept. of Labor Regulations AIA Document # A201 H - 1 through H - 2 K - 1 through K - 1 L - 1 through L - xx M - 1 through M - 2 N - 1 through N -8 DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Construction Facilities & Temporary Controls 1010 - 1 through 1010 - 1 1500 - 1 through 1500 - 1 DIVISION TVVO ~ SITE WORK Site Preparation Earthwork Paving & Surfacing Site Grading & Seeding Synthetic Track Surface 2100 - 1 through 2100 - 2 2200 - 1 through 2200 - 3 2500 - 1 through 2500 - 4 2800 - 1 through 2800 - 2 2900 - 1 through 2900 - 2 INDEX TO DRAWINGS: (SEE ATTACHED) SI) - ] SITE, PLAJq Walking & Jogging Track C-1 PROPOSAL FORM NAME OF BIDDER: DATE: Tel: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53099 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 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: MARCH 21, 2000, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgment 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: WALKING & JOGGING TRACK - Peconic Lane Park PECONIC LANE, PECONIC, NEW YORK 11958 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, Southold, New York 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed tiy the Town, he will accept, in full payment thereof as listed below: ITEM #: 1 - This item will include all of the work for the construction of the asphalt track as detailed by the plans and specifications contained herein; and any other reasonably inferred items required to complete the items referenced herein and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (wdtten in words) (wdtten in numbers) Walking & Jogging Track D-1 PROPOSAL FORM - Cont. ITEM #: 2 - This item will include the application of the synthetic track surface as detailed by the plans and specifications contained herein; and any other reasonably inferred items required to complete the synthetic surfacing of the track and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (wdtten in words) (wdtten in numbers) 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 o~ 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. Signature of Bidder: Date: Business Address: Tel: Walking & Jogging Track 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. 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 cotlusion, 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. 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 Resolved that of (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: . be WALKING & JOGGING TRACK - Peconic Lane Park PeconicLane, Peconic, NewYork 11958 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 cerporation, and for any inaccuracies or mis- 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 ,19 __ (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 75'1, Sec. '103-d, as amended effective September 1, 1966 (Signature) Walking & Jogging Track 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. I intend to use the following listed construction trades in the work under the contract_ .; 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 the 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, I will obtain from each of my 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) Walking & Jogging Track F-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A3'/O Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held arid firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), 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, firmly by these presents. WHEREAS, the Principal has submitted a bid for HOW, THEREFORE, If the Obllgee shall accept the bid of the Principal and the Principal shall enter into a Contract vath the Obllsee in accordance vdth the terms of such bid, and 8ire such bond or bonds as may be specified in the bidding or Contract Documents with 8ood and sufficient surety for the fatthful performance o! such Contract end for the prompt payment of labor and material furnished in the prosecution thereof, o~ in the ..even. t of the failure of the Principal to enter such Co~tract and give such bond or bonds, If the Principal shall pay to the Oblisee the dlffesence not to exceed the penalty be~eof hetweefl the amount specified in said bid and such larger amount for which the Obllsee'may In 8God faith conb'lci with another pa~y to pesfOITn the Work covered by said bid, then this obligation shill b~ null and ~id, othe~q, tse to remain in full force and effect. Signed and sealed this day of 19 (Witness) fPrincipal) (Seal) fTitle) (Surely) (Seal) · · (Title) (Wlmess) · MA DOCUMENT A.11a · BIO BONO · AIA O · FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.y. A~-, H.W., WASHINGTON, O.C. ~006 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS Tile Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditk)ns of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement a~d 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 the 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, el&stations, sections, details, sched- ules and dlagran~. 1.1.6 THE SPECiFICaTIONS The Spedflcations are that pottion of the Contract Documents consbttng of the written requirements for rnateflals, equip- the Work, and performance of related services 1.1.7 THE PROJECT MANUAL 'Fhc Project Manual is thc volume usually assembled for thc 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 identi~ 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, becorne famil- iar with local conditions under which the Work is tO be per- formed and correlated personal observations with require- merits of the Contract Documents. 1.2.3 The intent of the Contract Documents is to in~ude 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 Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, wor05 which have well-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, SPEClRCATIONS AND OTHER DOCUMENTS 1.3.1 Thc Drawings, Sp~cificafions and other documents prepared by the Architect 3re insb'uments of thc Architect's service through which the Work to b~ cxeented by thc Con- tractor is described. Thc Contractor may retain one contract record set. Neither thc Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyfight in the Drawings, Specifications and other documents prepared by the Architect, and un]ess otherwise indicated the Architect shall be deemed the author of them and wiJl retain all common law, statu(ory and other reserved rights, in addition to the copyright. All copies of them, except thc · Contractor's record set, shall be ~'cturned or suitably accounted for to thc Architect, on request, upon coruplction of thc Work. The Drawings, Spc-.dfic~tions and other documents pre[:=red by the Architect, and copies thereof furnished to the Contrac- tor, arc for usc solely with respect to this Project. They arc not to be used by thc Contractor or any Subcontractor, Sub- subcontractor or material or equipment suppli~ on od~r prnj- ccta or for additions to this Project outs[de the scope of thc 6 A201-1987 and material or equipment suppliers are granted a limited license to use mid reproduce applicable portions of the Draw- ings, Specificatinns and other documents prepared by the 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 ol the Architect's copyright or other reserved rights 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of hum bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the title$ 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 om!t 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 ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner 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 "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien right~. Such information shall include a correct statement of the record legal tide to the property on which the Project is Iocated~ 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 reasonable evidence were fur~)ished on request prior to the exe. cution of the Agreement, the prospective .contracto~ would not be required to execute the Agreeme~it 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 Exert 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- facilities. 2.2.4 Information or services under the Owner's control shMl 2.2.6 Thc foregoing are in addition to other duties and resl×)n sihilities 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 I 1 (Insurance and Bonds), 2,3 OWNER'S RIGHT TO STOP THE 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 fails to carry out 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 thepart of the Owner to exercise this right for the benefit of the Con- required by Subparaq?,raph 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<lay period after receipt of written notice from default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven<lay period. If the Contractor within such second seven- day period after receipt of such second notice fails to com- mence 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 deft- 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- ARTICLE 3 CONTRACTOR · 3.1 DERNITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is ref~ to throughout the Contract Documents as if singular in number. The term "contractor" means the Contractor or the Contractor's authorized representative. A201-1g87 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other ;J. nd with information furnished by the Owner pursuant to Subparagraph 2.22 and Owner or Architect for damage resulting from errors, inconsis- and knowingly failed to report it to the Architect. If the Con tot shall assume appropriate restx)nsibility for such perfi)r- mance and shall bear an appropriate amoum of the attributable costs for correct,on 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- 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 ali 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 responsible 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 ~Fhe 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 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- 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- heat, utilities, transportation, and other facilities and services nec(;ssary for proper execution and completion of the Work, 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 to them. 3.6 WARRANTY of g(x)d qualily and new unless otherwise required or permit ted hy tile Contract Documents, that the Work will bc frec merits, including substitutions not properly apl)roved and 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 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 which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- 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. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions, However, if the Contractor observes that portions of the Contract Documents are at variance ther&with, the Contractor shall promptly 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- wary 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 by allowances shall bc supplied for such ~mounts and by such shall not be required to employ persons or entities against 3.6.2 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 allowances 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 allowances under Clause 3.822 and (2) changes m to the superintendent shall be as binding as if given to the Con- lng. Other communications shall be similarly confirmed on 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 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 rented to the entire Project to the extent requ. ired by the Con- tract Documents, and shall provide for expeditious and pracfi- cable execution of the Work. 3.10.2 The Contractor shall prepare mad 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 submittals. 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 orde~ and mark&d 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- 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or 3.12.2 Product Data are illustrations, standard schedules, per- 3,12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be ]udged. 3.12.4 Shop Drawings, ProduCt Data, Samples a0d similar sub- mittals are not ContraCt Documents. The purpose'of their sub- mRtal ia to demonstrate for those portions of the Work for is suhj¢ct to the limitations of Subparagraph 4.27. 3.12.5 The Contractor shall review, approve and submit to thc Arcl~itect Shop Drawings, Product Data, Samples and similar subminals required b) the Contract Documents with reason- required by thc Contract Documems naa3' be returned without 3.12.6 Tbe Contractor shall perform no portion of thc Work requiring submittal and review of Shop Drawings, Product I)ara. Samples or similar submittals until the respective submit- tat ires been approved by the Architect, Such Work shall be in 3.12.7 By approving and submitting Sbop Drawings, Product that the Contractor has determined and verified materials, field will do so, and has checked and coordinated the information 3.12,8 The Contractor shall not be relieved of responsibility 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 Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi: tect's approval thereofi 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Dam, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect ia not expected to take responsive action may be so identified in the Contract Documents. $.12.11 When professiomal certification of performance criteria of materials, systems or equipment ia required by the Contract Documents, the Ar'chitect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- 3.13 USE OF SIT~ 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract 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 sud; construction, or by excavation. The Contrac- tor shall not cut or uther'wi.se alter such construction by the WARNING: U nth:~e~sed photoeopytng vtolatel U.S. copwtght Im*m and I* ~ lo legal A201-1987 9 not De unreasonably withheld. The Contractor shall not unrea 3.15 CLEANING UP 3.15.1 ]'he Contractor shall keep the premises and surround- caused by operations under the Contract. At completion of the Work the Comracn)r shall remove from and about tile Prolect 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 PATENTS 3.17,1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent fights 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 res- 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 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemllify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, 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 itsel0 including loss of use resulting therefrom, but only to the extent cansed in whole or in part by neghoZgent 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. 3.15.2 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. 1!.18.3 The obligations of the Contractor under this paragraph 3.18 shall not extend to the liability of the Architect, the A~'ctti- tect's consultants, and agents and employees of any of them arising out of (I) 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 Dy 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 ARCHITECT 4.1.1 The Architect is thc person lawfully licensed to practice architecture or an entity lawfully 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 Arehitect 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 suhiect to arbitration. 4.2 ARCHITECT'S ADMINISTRATION 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's R:presentative (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 progrec, s 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 will 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.$ The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequehces or 'procedures, or for safety precautions and programs in connection with the Work, since theso are solely the Contraetor's responsibility as provided in p~ph 3.3. The Architect. wffi 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 t'esponslble for acts or omissions of the Con- 10 A201-1987 other persons performing portions of the Work 4.2.4 Communications Facilitating Contract Administra- tion. Except ~s otherwise provided in the Contract Documents 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 material suppliers shall be through tile Contractor. Communications by and with separate contractors shall be through the Owner 4.2.5 Based on thc Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify, the amounts due the Contractor and will 4.2.6 The Architect will have authority to reject Work which Architect considers it necessary or advisable for implementa- have authoriry to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. 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- ing portions of the Work. 4.2.? 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 ~s to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing suffident 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 quantifies, or for substantiating instructions for installation or performance of equipment or systems, ail of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals 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, 4:2.3 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. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, wilI receive and forward to the Owner for the documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the reqniremegts 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 proSect representatives shall be as set forth in an exhibit to bc 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 tot. 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 CLAIMS AND DISPUTES ~ 4.3.1 Definition. 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 Decision of Architect. 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 der- sion by the Architect, as provided in Subparagraph 4.4.4, shall be requited 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 ftnal payment is due, regardless of(I) 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 Time 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 Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim ha~ been implemented by Change Order will not be considered unless submitted in ~i timely manner, AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOP. CONSTRUCTION · FOURTEENTH EDITION AIA® · ©Ig~.TTHEAMERICANINSTITUTEOFARCHITECTS, I73~NEW¥ORKAVENUE, N.~r/.oWASHING-TON, D.C. A201.1987 11 H~IJ'.H;DI'H 'V S;~W~'"VT ~,,,~{o'-~'v~.{ JNT--'~&O'I"G"IOILLT~r]OI~ ' ' ' : # 'OMO 8%II 'I"°X. "'°NI 'C)Li~ODZ[d '[LNI~'I DIlx!OO~ld eleo~ ol :ION ..... L 0 / 4.3.4 Continuing Contract Performance. Pending final rcso- lutk)n 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 ill accordance with the Contract Documents 4.3.5 Waiver of Claims: Final Payment. Tl~e making of final payment sball constitute a waiver of Claims by thc' Owner except those arising from: ,1 liens, Claims, security interests or encumbrances ar:s lng out of the Contract and unsettled; .~* failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract 4.3.6 Claims for Concealed 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 promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Comractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment 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 terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons, Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the 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 f~rther 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 thc 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. 4.3.3.3 If adverse weather conditions are the basis for a Claim for additional time, Such Claim shall be documented by data period of time and could not have been reasonably anticipated, 4.3.9 Injury or Damsga to Parson or Properly. If either party to the Contract suffers injury or damage to person or property such party is legally liable, written :)otice of such injury or damage, whether or not insured, shall be givei~ 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 mauer. If a Claim for addi be filed as provided in Subparagraphs 43.7 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 ora 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 If a 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 shaII, 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 after 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 i~ the Contract Sum or Contract Time or both. ff 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 A~bltraflon. Any 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 in any court having jurisdiction thereof, except controversies pr Claims relating to a~sthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given nodc¢ 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 c6mmenced when 45 days have passed after a Claim has been referred to the Architect as provided '.m Paragraph 4.3 and no decision has been rendered. 12 A201-1987 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Conrtactor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration A~sociation cur rently in effect, unless the parties mutually agree otherwise, Nofice of demand for arbitration shall be filed in writing with tile other party to the Agreement between the Owner and Con- tractor and witb the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arhi tration proceedings, the Owner and Contractor shall comply with Subparagraph 4 3 4 4.5.4 When Arbitration May Be Demanded. Demand for arbi tration 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 t'alal 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 4,5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time 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 pursuaiat to Paragraph 13.7. 4.5.5 Umltatlon on Consollda~ion or Jolndef. 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 I~e specifically enforceable under appli- cable law in any court having ]uflsdiction thexaeof. 4.5.6 Claims and Timely Assertion of Claims. A party who demand all Claims then known to that party on which arbitra lion is permitted to be demanded When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or wben a Claim has matured or been acquired subsequemly, 4.5.? Judgmsnt on FJnsl Awsrd. The award rendered by thc arbitrator or arbitrators shall be final, and judgment may be having jurisdiction thereoL ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 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 singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" doe~ not include a separate contractor or subcontractors of a separate contractor. 5.'I.2 A Sub-subcontractor is a person or eRtity who has a direct or indirect contract with a Subcontractor to 13erform 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 Sfib-subcon~ctor or an' atithoriz&t 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 after award of the Contract, shall furnish in writing to the Owner through the Architect the e. ames Of persons or enti- ties (including those who are to furnish materials or equipment fabricated to a special des gn) proposed for each prind~d por- 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 shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely obiection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable obiection, 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 ChaBge 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 submit!lng 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. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 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 thc Contractor by terms of the Contract Docu- meres, 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 m 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, tile 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 lions 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 assignment is effective only after termination of the Contract by the Owner for cause pursuant to para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying 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 ANO TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to thc 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 Owller'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 shah 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 tile 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 sanle 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- struction 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 construction 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 so 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 bome 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 10.2.5. 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 CLEAN 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 matnta~lng the premises and surround- ing ~ free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in ~l~c' Work may be accomplished after execu- tion ol tile Comract, and without invalidating the Contract, by Change Order. Construction Clmnge Directive or order fi)r a minor change in [Iq(: Work, subject to the limitations stated in 7.1.2 A Change Order shall be based upon agreement among Directive requires agreement by the Owner and Architect and minor change in the Work may be issued by the Architect 7.1.3 Changes in the Work shall be performed under appli tot 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- structinn 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. 7.2 CHANGE ORDERS 7.2.1 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 Methocis used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVF~ 7.3.1 A Construction Change Directive is a written order 13re- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, ff 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 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 following methods: .1 mutual acceptance of a lump sum properly itemized and supported by suffident substantiating data to per- .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; age fee; or .4 as provided in Subparagraph 736 7.3.4 Upon receipt of a Consnuction Change Directive, tb¢ Contractor shall promptly proceed with the change in tile Work involved and advim 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 7.3.5 A Constmction Change Directive signed by the Contrac ing adjustment in Contract Sum and Comract Time or thc method for determining them. Such agreement shall be effec tire immediately and shall be recorded as a Change Order, 7.3.6 If the Comractor 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 cfiange, includ- 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 Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social secu£ity, old age and unemployment insurance, fringe benefits required by .2 costs of materials, supplies and equipment, includ- .3 rental costs of machinep/and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 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. 7.3.7 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 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 shall be figured on the basis of net increase, if any, with respect to that change. 7.3.S 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 Arcbitect for determination. 7.3.~ When the Owner and Contractor agree with the d~ter- ruination made by the Architect concerning the adj~stmenrs in ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by 15feparafion and execu- tion of an appropriate Change Order. AIA OOCO~EI~f ~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH E~ITION A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architccl will have authority to order minor cllangcs in tile Work not involving adjustmera in the Contract Sum or extension of the Contract Time and not inconsistent with thc eff~'cted by wrincn order and shall he binding on the Owner orders promptly ARTICLE 8 TIME 8.1 DERNITIONS 8.1.1 Unless otherwise provided, Contract Time is thc period of time, including authorized adjustments, allotted in ,the Con tract Documents for Substantial Completion of thc Work. 8.1.2 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 thc 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 shalI 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 1 1 to be fi~misbed 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 f'fling of mortgages, mechanic's liens and other security interests. 8.2.3 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 Contractor'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 re-Jsonahle time as the Architect may determine. 8.$,2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.$.3 This Paragraph 8.3 docs not preclude recovery of dam- ages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.2 SCHEDULE OF VALUES 9.3.1.2 Such applications may not include requests for pay- poratinn in the Work. If approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing. 16 A201-1987 part as provided in Subparagraph 9 5 1 9.4.2 The issuance of a (Scrtificate for I~aynrerl[ will COI~sIiIutc a representation by the ArchKcct to thc Owner, based on thc Architect's observations at the site and the data comprising linc Application for Paymcm, that thc Work has progressed to thc point indicated and that, to the best of the Architect's kl/owl edge, information and belief, quality of the Work is in accor da~qce with the (.~onlract Docmnents. Tile foregoing reprcsenta from the Comract Documems correctable prior to completion and to specific qualifications expressed by the Architect. Thc issuance of a Certificate for Payment will further 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) quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made tor has used money previously paid on account of the Contract Sum. 9.5 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 Architect's opinion the representations to the 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 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certif~ate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also 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 Subcomractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be corn pieted for the unpaid balance of the Contract Sum; .S .damage to the Owner or another contra~to~; .6 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 Qr liquidated damages for. the anticipated delay; or .? persistent failure to carry out the Work in accordance with the Contract Documents. withheld 9.6 PROGRESS PAYMENTS 9.6.1 After thc Architect has issued a Certificate for Payment, time provided in the Contract l)ocLlnlcnts, and shall so notifT 9.6.9 Thc Contractor shall pr()mptiy pay each Subcomractor, upon receipt of payment from tile Owner, ()ut of the amoum entitled, reflecting percentages actually retained from payments of the Work. The Contractor shall, by appropriate agreemem 9.8.3 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 liOnS of the Work done by suc~ Subcontractor. 9.8.$, 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. 9.8.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9?.4. 9.8.8 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 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 :filer receipt of the Contractor's Application for Payment, or ff the Owner does not.pay the Contractor within seven days after the date established in the Comract Documents the amoum Cer- tiffed 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 ahab be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished a.s provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion i~ 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 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, th~ Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list docs not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of thc Contractor's list, thc Architect .will make an Inspection to determine whether the Work or Oeaig- AIAe ' © t9~7 THE AMERICAN INSTITIJTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2~ A201-1987 17 hated portion thereof is substantially complete. If thc Architect's inspection discloses any item, whether or not included on thc Contractor's list, which is nol 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 Comractor shall then submit a request for another inspection by the Architect to determine Substantial (~omplction When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shMI establish the date of Sub stantial Completion, shall establish responsibilities of thc Owner and Comractor for security, maintenance, heat, utilities, damage to thc 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 designated 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. 9.0.3 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 adjustment 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- tiaily 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 ff any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing conceming the period for cor- rection of the Work and commencement of ~fies required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect ;ts 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 aceep- tance of Work not complying with the requirements of the Contract Documents. 9.10 RNAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt ora fmai Application for Payment, the Aw_.hltect will promptly make such inspection and, when thc Architect finds thc 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 ha~s been completed in accordance with terms and conditions of tl~e Coraract 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 final 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 b&en 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 cancelled or allowed to expire until a~ 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 timal payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, daims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a 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, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, £mai com- pletion thereof is materially dehyed 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 fumished, 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 walver$ shall be in addition to the waiver described in Subparagraph 4.3.5. 18 A201-1987 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY 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. 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 tbe affected area shall not thereafter be resumed fact fuc nmterial is asbestos or polychloriuated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori hated biphenyl (PCB), or when it has been rendered harmless, accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article q. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychtorinated 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 against claims, damages, 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, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) 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 mused 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 I 0.1.4. 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 idcorpo- rated therein, whether in storage on or off the site, under care, custody or control 6f the Contractor or the Contractor's Subcontractors or Sub-subconrtac- .3 other property at the siti: or adjacent thereto, such as trees, shrubs, lawns, walks, pavements;, roadways, structures and utilities not designated for removal, relo- cation or replaeement in the course of construction. 10.2.2 Thc Comractor shall give notices and comply with applicable laws, ordinmaces, rules, regulations and lawful orders of public authorities hearing on safety of persons or property or H~eir protection from damage, injury or loss. 10.2.3 The Comractor shall erect and maintain, as required by ahle safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying oxx!ners and users of adjacent 10.2.4 When use or storage of explosives or other hazardous care and carry on such activities under supervision of properly qualified personnel 10.2.5 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 directly or indirectly employed by any of them, or by anyone for whose acts they may be li~bI~:..an~ for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except or Architect or anyone directly or indirectly employed by either of them, or by anyone for {vhose acts either of them inay be liable, and not attributable to the fault or n;egligdnc~e of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 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.? The Contractor shall not load or permit any 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, injury or loss. Additional c'ompensa- 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 Comractor 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 any of them, or by anyone for whose acts any of ~hem may be liable: .1 claims under workers' or workmen's compensation, disability benefit ar<l other similar employee benefit acts which are applicable to the Work to be pe~formecl; A201-1987 19 .~' claims for damages because ol bodily in july,, occupa employees; .:3 claims fi)r damages because of bodily injury, sickness liability coverage which are sustained {I) by a person .$ claims for 0amagcs, other than lo the Work itself, 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. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be wrinen 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 rained after final payment. 11.1.3 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 to the Owner. If any of the foregoing insurance coverages are required to remam in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted 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 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 iurisdiction in which the Project is located, property insurance in the amount of the initial Con- untary deductibles. Such property insurance shall be main- rained, 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 9.10 or until no p(sr$on or entity required by this Paragraph 113 It) be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcomractors and Sub-sul)contractors in the Work 11.11.1.1 Property insurance shail be on an ail-risk [x>licy form and physical loss or dan~gge including, without duplication of work, temporary buildings and dC'bris removal including demolition occasioned by enfi>rcement of any applicable legal requirements, and shall cover reasonable compensatinn for 11.~.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 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 put- notifying the Contractor, then the Own& shall bear ail reaSOn_ able costs properly attributable thereto. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the 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 incres~sed or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.~.1.4 Unless otherwise provided in th~ Contract Docu- ments, 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 portions of)he Work 11.3.2 Boiler and Machined/ Insumn(~. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shalI specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include shall be named insure(is. 11.3.3 bo~ of U~ Insurance. The Owner, at the Owner's waives 'all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.3.4 If the Contractor requests in writing that insurance for risks other than tho~e described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include st~ch Insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 20 A201-1987 11.3.5 If during the Project construction period thc 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 eot 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 11.3.6 Before an exposure to loss may occur, the Owner sball 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, exclusions 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 Waivers of Subrogation. 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 employee~, 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 insurance 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- tors, 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. 11.3.9 A loss insured under Owner's property insurance shall be adjusted by th.e 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 11.3.9 If required in writing by a party in interest, the Owner as fiduciary 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- reeds 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 Charlg¢ Order. 11.3.10 Thc Owner :ts fiduciary shall have power to adjusl and settle a k)ss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss m tbe 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 distributinn of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in hccordance with Paragraph 99 shall not commence until the insurance company or ct)m- panics providing property insurance have consented to such Owner and the Contractor shall take reasonable steps to obtain partial occupancy or use that would cause cancellation, lapse or 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have thc 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 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 of sl~ll permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expresse~l 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 ArchRect has not specLfically 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 whether or not fabrica[ed, installed or completed. The Contractor shall bear costs of correcting such relected work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If, within one year alter .the date of Substantial Comp!e- tion of the Work or designated portion thereof, or after the dilt¢ A201-1987 21 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 conditinn. 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 actual 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 res.son- able time £txed 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 defidency. If payments then or thereafter due the contractor are not sufficient to cover such amount, 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 mused by the contractor's correction or removal of Work which is not in accordance with thc 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 :he 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 NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the conLract Documents, the Owner may do so instead of requiring its removal and oar- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment sim]] be effe~ed whether or not final payment ha~ been made. ' · ' ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 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 Comractor' 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 assign 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 mall 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 dudes, obligations, right~ 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 wdting~ 13.5 TESTS AND INSPECllONS 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, an.d 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 a~oproval not included under Sub- paragraph 13.5.1, the Architect will, upon written authorization from thc Owner, instruct the Contractor to make mmangements 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 Archliect may observe such procedures. 22 A201-1987 The Owner shall bear such costs except :ts provided in Sub- paragraph 13.5.3. 13.5.3 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 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured hy the Contractor and promptly delivered to the Architect 13.5.5 If the Architect is to obsetwe tests, inspections or approvals required by the Contract Documents. the Architect will do so promptly and, wbere practicable, at the norn~al 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 time to time at the place where the Project is located. 13.7 COMMENCrr. MENT OF STATUTORY LIMITATION PERIOD 13.7.1 As 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 Cerllfb cate for Payment. As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the tm.al 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 Payment; and .3 After Final Certificate for Payment. As to acts or fallLires 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 ~nd all ever~ts 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 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if thc Work is stopped for a period of 30 days through no act or fault oftbe 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 governmeot, such as a declaration of national emergency, making material unavailable; .3 because thc Architect has not issued a Certificate 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 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percexqt ,of the total num- ber of days scheduled for completion, or 120 days in any 365<1ay period, whichever is less; or .$ the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. i ~ 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 fi. ri'gl 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 114E 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 lsbor 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 juris- dictinn; or .4 otherwise is guilty of substantial breach of a 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- A201-1987 23 rift such actk}n, may without prejudice to any ;)tiler rights or remedies of the Owner and after giving the Contractor and thc Contractor's surety, if any, seven days' written notice, termi hate employment of the Contractor and may, subicct to any prior rights of the surety: .1 take possession of the site and of all materials, equip ment, tools, and construction equipmem and machin. ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuam to Para graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for ()ne of thc rea.sons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until thc Work is finLshed 14.2.4 if the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi tect's services mad expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balm~ce, the Contractor shall pay the difference to the the case may De, shall be certified by the Architect, upon appli cation, and this obligation for payment shall survive termina 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may. witbout cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time a.s the Owner may determine 14.3.2 An adjustment shall be made for increases in tbc cost of performance of the Contract, including profit on the increased pended, delayed or interrupted by another cause for .2 that an equitable adjustment is made or denied under 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 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 Genera! 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) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified prevision 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. Walking & Jogging Track H-1 .2 .3 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence - $1,000,000 Aggregate, Products and Completed Operations. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate 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. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): 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 Walking & Jogging Track H-2 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (OwnedContracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns remise, release, and forever discharge the said (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: supplements thereto. ,20__ and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its __ this day of ,20 __ Attest: Principal: Walking & Jogging Track K-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for WALKING & JOGGING TRACK at Peconic Lane Park Peconic Lane PECONIC, NEW YORK 11958 Walking & Jogging Track L-1 NEH YORK STATE DEPARTMENT OF LABOR BUREAU OF PUBLIC NORK STATE OFFICE BUILDING CAMPUS ALBANY, NY I2240 SCHEDULE i999A Date 03/31/00 T/O SOUTHOLD JAMES RICHTER T/O SOUTHOLD TONN HALL P.O. BOX 1179 SOUTHOLD NY 11971 PRC 0003368 SUFFOLK COUNTY Location and Type of Pro~ect PROJECT ID #: NONE PECONIC LANE PARK, HALKING & JOGGING TRACK (i5'X2,345~) ASPHALT PECONIC,NY 01 In response to your request~ enclosed is the schedule of the prevailing hourly wage rates and the prevailing hourly supplements for the above pro~ect, together with copies of ~he Notice of Contract Let (PH-16) for your use. THE SCHEDULES HUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROJECT NHEN IT IS ADVERTISED FOR BIDS. These schedules have been prepared and forwarded in accordance with Article 8 of the NYS Labor Law, which provides that i~ shall be the duty of the fiscal officer ~o ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work pro~ects, and to file such schedules with the Departmen~ having ~urisdiction. The attached rates are based on the latest information available to the Department of Labor, Bureau of Public Nork. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Department's atten±ion immediately. It is the responsibility of the Public NOrA to use the proper re~e. If ~here is a question on the proper classification to be used, please call ~he district office located nearest the pro~ect. This schedule is effective from July 1, 1999 through June SO, ZOO0. A new uodated schedule will automatically be mailed to you each July 1 until.we are No~e= A 1997 AMENDMENT TO SECTION 220 OF THE LABOR LAN REQUIRES ~. J~ TO RECEIVE AND MAINTAIN MONTHLY TRANSCRIPTS OF PAYROLE~-CORDS~=OR ~FROM THE DATE OF COMPLETION OF THE HORK IN THE ANARDED CONTRACT. Very truly yours~ CHET RYSEDORPH DIRECTOR NOTICE TO CONTRACTING AGENCIES= Upon cancellation or completion of this pro~ec~, enter the necessary information and return this page ~o Bureau of Public Hork, Bldg. 12, Rm. I30 SOBC, Albany, NY 12240. PROJECT HAS BEEN COMPLETED/CANCELEDi Date Signature Title For additional information, contact our local District Offices: Albany (518) 457-2744 Syracuse (315) 428-4056 Binghamton (607) 721-8005 Rochester (716) 258-4505 Buffalo (716) 847-7159 Utica (315) 793-2314 Hemps~ead (516) 485-4878 Nhite Plains (914) 997-9507 New York City (212) 352-6088 PH-200 (6-98) CONTRACT REQUIREMENTS Each public work con~rac~ ±o which ±he S~a±e~ a public benefi~ corporation, a municipal corporation or a commisszon appointed pursuan~ ±o is a par±y and which may involve ~he employmen~ of laborers, workers or mechanics, shall comply wi±h ~he requirements of Article B (Sections 220-223) of ~he New York S~a~e Labor Law: 1. No laborer, worker or mechanic in ~he employ of ~he con~rac±or, subcontractor or o~her person doing or con~rac~ing ~o do ~he whoie or a par~ of ±he work con±empla~ed by ~he con~rac~ shall be permitted or required ~o work more ~han eigh~ hours in any one calendar day or more ~han five days in any one week excep~ in ~he extraordinary emergencies se~ forth in ~he Labor Law or where a dispensation is granted by ~he Commissioner of Labor. 2. Each laborer, worker or mechanic employed by ~he con~rac±or or subcon±rac~or,shall be paid no~ less ~han ~he prevaiiing ra~e of wages as indica±ed on ±he wage schedule provided by ~he Department, Bureau of Public Nork. The prevailing ra~e of wage shai1 be annuaIly de~ermined no ia~er ~han ~hir~¥ days prior ~o Jui¥ ls~ of each year. The prevaiiing ra~e of wage for ~he perzod commencing July fir$~ of such year ±hrough June ~hir~ie~h, inclusive of ~he following year shall be ~he ra~e of wage se~ forth in coilec±ive bargaining agreements for ~he same period, including ~hose increases for such period which are directly ascer~ainabie from such collective bargaining agreements. (See Sections 220.3, ZZO.5) I± shai1 be ~he du~y of ~he depar~men~ of ~urisdic±ion file wi~h ~he fiscal officer, ~he classification of workers . mechanics and laborers ±o be employed on a public work pro~ec±, ~oge~her wi~h a s~a~emen~ of ~he work ~o be performed by each classification. (See Section Z20.$-a) The con~rac~or and every subcontractor shall bos~ in a prominen~ and accessible place a~ ~he work si~e a s~a~emen~ of all wage ra~es and supplements ~o be paid or provided for ~he various classes of mechanics, workers or laborers. (See Section 220.3-a) 5. No employee shaii be deemed ~o be an apprentice unless individually registered wi~h ±he New York S~a~e Depar±men~ of Labor. The aIlowabie ra~io of apprentices ~o ~ourney- level workers in any craf~ classification shai1 no~ be ;rea±er ~han ~he ra~io permitted ~o ~he con~rac~or as ~s work force on any ~ob under ~he registered program. Any employee who is no± registered as above, shali be paid or provided ~he prevailing wage and supplemen~ ra±e for ~he ~ourney level classifica±~on of work ac~uail¥ performed. The con~rac~or or sUbcontractor wiIi be required ~o furnish written evidence of registration of i~s program and apprentices as well as of ~he appropriate ra~ios and wage and supplemen± ra~es for ~he area of construction, prior ~o using any apprentices on ~he con~rac~ work. (See Section ~. (a) No con~rac~or,, subcon~rac~or~ nor any person ac±lng on i~s behalf, shall by reason of race, creed, color, disabili~y~ sex or national origin discriminate agains~ any citizen of ~he S~a~a of New York who is qualified and available ~o perform ~he work ~o which ~he employmen~ rela~es. [See Section (b) No con±factor, subcon~rac±or, nor any person ac~ing on i~s behalf~ shell in any manner, discrimzna~e agains~ or intimidate any employee on accoun~ of race. creed, color. disability, sex or national origin. (See Section 220-e[b)) No~e: The Human Rights Law also prohibits discrimination in employmen~ because of age, marital s~a~us or religion. [c) There may be deducted from ~he amoun~ payable ~o ±he con~rac~or under ~he con±rac~ a penal~y of fifty dollars for each caiendar day during which such parson was discriminated again$~ or intimidated in violation of ~he provisions of ~he con~rac~. (Section ~O-e(c]) ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC HORK PROJECTS IN NEH YORK STATE INTRODUCTION: Below are the maser provisions of ±he Labor Law covering workers on public work projects. HOURS: A laborer, worker or mechanic is permitted to work on a public work project no more than eight hours a day and no more than five days in a week, except in case of extraordinary emergency such as a fire, fiood or danger to life or property. You may apply to the Bureau of Public Hork for a DISPENSATION permitting workers to work additional hours or days per week on a particular public work pro~ect. HAGES AND SUPPLEMENTS: The Hages and supplements to be paid and provided for laborers, workers and mechanics employed on a public work proSect shall be not less than those listed in the current prevailing rate schedule for the locality where the Hork is performed. If a prevailing rate schedule for the pro~ect has not been provided to the prime contractor by the department of ~urisdiction (i.e., the governmental entity a~arding the public work contract), or to a subcontractor by the prime contractor, the apalicable schedule must be obtained from the Oeeartment of Jurisdiction, who must make written application to the Bureau of Public Hork, Labor Uepartment, Building No. 12, State Office Building Campus, Albany~ New York The prime contractor is responsible for any underpayments of prevailing wages or supplements by its subcontractors. PAYROLL RECORDS: Every contractor and subcontractor must keep originals transcripts of payroll records, shoHing for each person employed on public work, the following: 1. Name 2. Address and phone number 5. Social Security Number, q. Occupational classification in which worked, 5. Hourly wage rate paid 6. Supplements provided 7. Daily and .eekiy number of hours worked in each classification 8. Deductions made 9. Actual wages paid. Hhen payroll records ara requested by the Commissionerz each payroll record must be affirmed as true under the penalties of perjury Hhlch means a notorized signature to that effect. Such records must be kept on the site of the ~orE when the contractor or subcontractor does not maintain a regular place of business in New York State and the amount of the contract exceeds $2S~000. Ail other contractors and subcontractors must. within S days after a request, produce at the work site the original payrolls or transcripts. . Every contractor and subcontractor shall submit to the Dept. of Jurisdiction within thrity days after issuance of it's first payroll, and ever~ thirty days thereafter, a transcript of the o~ payroll records, subscribed and affirmed as true under penalty o~y. as provided by Article B~ Section 220, of the NYS Labor Law. The DEPARTMENT OF JURISDICTION shall receive and maintain such payroll records. The original payrolls and transcripts must be preserved fop three years from the date of completion of the pPoSect. POSTING: The currant prevailing rate schedule must be posted in a prominent and accessible place on the site cf the public work pro,act. APPRENTICES: Employees cannot be paid apprentice rates if the~ ere not individually registered under a program or agreement registered ~ith the CommissiOner of Labor. The contractor or subcontractor .ill be required to furnish Hritten evidence of the registration of its program and apprentices and of the appropriate ratio. The ailo.abia ratio of apprentices to ~ourneyman in any craft classification can be no greeter than the ratio permitted to contractor or subcontractor as to i~s Hork force on any 5ob under the registered program. An employee listed on a payroll as an apprentice, who is no~ ragistarad as abova~ must be paid the prevailing ~ournayman~s wage rata for that classification of HITHHOLDING OF PAYMENTS: Hhen a complaint is filed ~ith the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements~ or Hhen the Commissioner of Labor believes that unpaid ~ages or supplements may be due. payments on the public work contract may be withheld from fha prima contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. INTEREST AND PENALTIES: If an underpayment of wages or supplements is found., interest must be added at the rate then in effect prescribed by the Superintendent of Banks pursuant to section i4-e o~ the banking law par annum from the date of underpayment to the date of the new payment, and may also include the imposition of a civil penalty not to exceed 25Z of the amount due. DEBARMENT: Hhen final determinations have been made against a contractor subcontractor in two instances within a six-year period determining that it willfully failed to pay or pPovida the prevailing rate of Hages or supplements, NOTICE OF NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (~) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. The annual de~ermina±ion of ~he prevaiiing ra~es of Hages and supplements for Horkers employed on pubiic Hork pro~ec~s ~hroughou~ ~he s~a~e Hill be published on May ~ls~ of each year. These neH ra~es Hill be in ef~ec~ Juiy ls~ ~hru June ~0~h. This neH determination Hill supersede ~he original schedule or any prior issued annual determination. I~ is ~he responsibility of ~he con,racking agency or i~s agents ~o provide ell prevaiiing ra~e schedules ~o con~rac~ors immediately upon receipt. Anv ra~e chanoe from a oreviousl~ issued determination becomes effective JuI~ lsd. reoar~lass o~ whether ~ha new ~e~ermzna~ion has bean received by Mhen you revieH ~he schedule for a particular occupation, your a~en~ion should be directed ~o ~he da~es above ±he column of ra~es. These are ~he da~es ~ha± additional adjustments become e~ec~ive. PH-202 (~-95) docm: le~erd VERIFYING THE REGISTRATION APPRENTICES CerGain SGaGe and Federai Laws require GhaG apprenGices musG be individually regisGered as such in order Go be paid apprenGiceship rages on Public Hark. The New York Labor DeparGmenG is Ghe official regisGraGion agency for apprenGices in New York SGaGe. No oGher Federal or SGa~e Agency or office regisGers epprenGices in New York SGeGe. Each year Ghe appren±ice ±raining central office in Albany receives hundreds of requasGs from Federal and S±aGe Agencies~ ConGracGors~ and o~her inGeresGed parGies requesGing verificaGion of indivzdual apprenGlce regis~raGions. The following information is provided in order Go clarify New York SGaGe procedures. All regisGered apprenGices in New York SGaGe are individually regisGered by name. address, social security number, sGar±ing daGe of Graining, and o~her relaGed da~a. This informaGion is compuGerized and is available ONLY ~hrough ~he AIbany ApprenGice Training Cen~rai Office. Persons wishing ±o verify ~he apprentice registration of any individual should write ~o Ghe Senior EmploymenG Consul±an~, New York S~a±e DeparGmen~ of Labor, Job Service and Training Division, Building 12, SGaGe Office BuiidingCampus, Albany, New York 122~0. All inquiries MUST include name and social securiGy number and will be answered in writing. The response wiii indica±e whe~er or no~ ~he individual is regisGereS, and if so, will provide o~her perGinenG information regarding Ghe regisGraGion. The only conclusive proof of individual apprentice regis~raGion is wriGGen verificaGion from Ghe Albany ApprenGice Training CenGrel Office. NeiGher Federai ncr S~a~e Apprentice Training Offices outside Albany can provide conclusive regis~raGion informaGion. I~ should be no,ed ±ha~ Ghe exisGence of a regisGered apprenticeship program is nog conclusive proof ~haG any individuai is negisGered in Gha~ program. . Furthermore, ±he existence or possession of HalleG cards, identification cards ar copies of s~a~e forms are no~ conciusive proof of ~he regisGra~ion of any individual as an apprenGice. PH-20~ (7-99) docm: le~er2e NEW YORK STATE DEPT. OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 T/O SOUTHOLD Schedule Type JAPES RZCHTER T/0 SOUTHOL.D TOHN HALL P.O. BOX ].179 SOUTHOi,D DaIe Prevailing Rate Case No. 0003568 01 PROJECT KD #: NONE NY 11971 PECONIC LANE PARK, WALK:Z:NG & JOGG3:NG TRACK 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 pr~ect. 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: 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 S gnature. [] (02) Heating/Ventilation [] (05) Other PW-16 (1-01) : [] (03) Electrical Date Page 1 PrevaiIing Ra±e Scheduie New York S~a±e Department o~ Labor .................................. Case Number .................................. 000~68 SUFFOLK 1999A iNSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION The information iisted below is provided to assist you in the interpretation of particular requirements, for each classification of worker, contained in the attached Scheduie of Prevaiiing Rates. PAID HOLIDAYS Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not requzred to perform work. Note: If an employee works on a day listed as a paid holiday, this remuneration is in addi±ion to payment of the required prevailing rate for the Hork actually performed. OVEETIHE Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIHE. The required rate of pay for these covered holidays can be found in the OVERTINE PAY section iistings for each ciassification. SUPPLEMENTAL BENEFITS ParticuIar attention should be given to the supplemental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some classifications require the payment or Provision of supplements for each hour paid (this may include paid holidays on which no work is performed) and/or may require supplements to be paid or provided~at a: premium rate for premium hours worked. ' EFFECTIVE DATES .~ Hhen you review the schedule for a particular trade or occupation,your attention should be directed to the date above the column(s) of rates. This is the date on which the rate become effective. The rate listed is valid until the next effective rate change or until ~he neH annual determination, Which takes effect on July 1 of each year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements. The department of 5urisdiction is require~ to provide a copy of the current annual determination. Should you have questions; please contact the Bureau of Public Hork or visit the NYS Department of Labor s Heb site at HHw.labor.state.nv.us for current wage rate information. HORKERS COHPENSATIOH ~ , In accordance with Section lq2 of the S~ate Finance Law, the contractor shall maintain coverage under the life of the contract for the benefit of such employees as required by the provisions of the New York State Horkers' Compensation Law. -Contractor to be aNarded contract must provide progf of Horkers' Compensation coverage prior to being allowed to begin work. -The policy of insurance must be issued by a company authorized to provide Horkers' Compensation coverage in this state. Page 2 Prevailing Re±e Scheduie New York Sta±e Departmen± of Labor .................................. Case Number .................................. 0003~68 SUFFOLK 1999A -Proof of coverage must be on form C-105.2 (Certificate of Horkers' Compensation Insurance) and must name this agency es a certififcate holder. -If New York State coverage is added to an existing out of state policy, it can only be added to a policy of a company authorized to write Workerst Compensation coverage zn this state~ and the coverage must be listed under item aA of the information page. -The contract must maintain proof that subcontractors doing work covered under this contract secure and maintain a Workerst Compensation policy for all employees working in New York State. If you have any questions concerning the attached scheduIe or would Iike additional informatzon, please contact nearest BUREAU of PUBLIC WORK District Office or write to the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC HORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEW YORK 12240. District Office Locations: Teleehone# FAX # Bureau of PubIic Hork - Albany Bureau of Public Hork Binghamton Bureau of Public Work Buffalo Bureau of Public Work - Hempstead Bureau of Public Hork Rochester Bureau of Public Work - Syracuse Bureau of Public Work Utica Bureau of Public Work - Hhite Plains Bureau of Public Work - New York City Bureau of Public Work Central Office OVkRIIME 518-457-2744 607-721-8005 716-847-7159 516-485-4878 716-25B-4505 $15-428-4056 $15-793-2314 914-997-9507 212-$52-6088 518-457-5589 518-485-1870 607-721-8004 716-847-7650 516-485-0522 716-258-4708 $15-428-4671 315-793-2342 914-997-9523 212-352-6186 518-485-187,0 (7/06/99) Following is an explanation of the code(s) lis*ed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the OVERTIME section. A ) Time and one half of the hourly rate after 7 hours per day. Time and one half of the hourly rate after 7 and one half hours per day. ~AITime and one half of the hourly rate after 8 hours per day. Bi) Time and one half of the hourly rate for the 9th & loth hours week days and the ls~ 8 hours on Saturday. Double the hourly rate for all additional hours. C ) Double the hourly rate after 7 hours per day. C) Double the hourly ra±e after 7 and one half hours per day. O1) Double the hourly ra±e al±er B hours per day. D1) Double the hourly rate after 9 hours Per day. E ) Time and one half of the hourly rate on Saturday. El) Time and one half 1st 4 hours on Saturday, Double the hourly rate all additional Saturday hours. E2) Saturday may be used as a make-up day at straight time when a day is lost durzno that week due to inclement weather. ES) Between November 1st eno March 5rd Saturday may be used as a make-up day at straight time when a day is lost durine that weekdue to inclement weather, provided a given employee has worked between 16 and 52 hours ~ha~ week. E4) Saturday and Sunday may be used as a make-up day at straight time Page 3 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 0003568 SUFFOLK 1999A when a day is lost durino that week due to inclement weather. F Time and one hail of the hourly rate on Saturday and Sunday. Time and one half of the hourly rate on Saturday and Holidays. Time and one half of the hourly rate on Saturday~ Sunday~ and Holidays. I Time and one hail of the hourly rate on Sunday. J Time and one half of the hourly rate on Sunday and Holidays. Time and one half of the hourly rate on Holidays. ~ Double the hourly rate on Saturday. Double the hourly rate on SatUrday and Sunday. Double the hourly rate on Saturday and Holidays. Double the hourly rate on Saturday, Sunday, and Holidays. Double the hourly rate on Sunday. Double the hourly rate on Sunday and Holidays. Double the hourly rate on Holidays. ~1) Two and one half times the hourly rate for Hoiidays, if worked. Two and one half times the hourly rate the first 8 hours on Sunday or Hoilidays. One and one half times the hourly rate all additional hours. T ) Triple ~he hourly rate for Holidays, if worked. U ) Four times the hourly rate for Holidays. if worked. V ) Including benefits at SAME PREMIUM as shown for overtime. H ) Time and one half for benefits on all overtime hours. NOTE: BENEFITS are PER HOUR WORKED, for each hour worked, unless otherwise noted HOLIDAYS ~AIO Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not requzred to perform work. Note= If an employee works on e day listed as a paid holiday, this remuneration is in addition ±o payment of ~he required prevailing rate for ±he work actually performed. · OVERTIME ' Overtime hoiidey pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee actuaIly performs work on such holidays. The applicabIe 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 ciassifica~ion. Following is an explanation of ~he code(s) iis~ed in the O~D~ section of each classification con~ained in ±he at~ached schedule. Th-~-F~"l~days as listed below are to be paid at the wage rates at which the employee is normally class'iliad. 1 None. ri 2 Labor Day. ~ Memorial Day and Labor uay. Memorial Day and July 4th. Memorial Day, July qth, and Labor Day. New Year~s Day~ Thanksgiving Day, and Christmas Day. Lincoln s Birthday, Hashing~on s Birthday, and Veterans Good Friday. Lincoln's Birthday. 10 Hashington's Birthday. 11 Columbus Day. Eiection Day. Page q Prevaiiing Ra~e Schedule New York S±a±e Depar±men± of Labor .................................. Case Number .................................. 0003568 SUFFOLK 1999A lq 15 16 17 18 19 20 21 22 2q 26 Presiden±iai Election Day. 1/2 Day on Rresidan~ial Elec±ion Day. Veterans Day. Day after Thanksgiving Day. July q~h. ~ 1/2 Day before Christmas uay. 1/2 Day before New Years Day. Thanksgiving Day. New Year's Oay. Christmas Oay. Oay before Christmas. Day before New Year's Day. Presidents' Day. Mar±in Luther King, Jr. Day. ASBESTOS WORKER WAGES(per hour) Asbestos Worker ....... 7/01/1999 31.61 OVERTIME: See ( C, O, Tx, V ) on OVERTIME PAGE. ~ overtime code T applies ~o Labor Day only if worked. HOLIDAYS: PAlU: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11. 16 ) on HOLIDAY PAGE. For Rem./Aba~emen~: See ( 1 ) on HOLIDAY PAGE. ~ ( 1 ) year ~erms a~ ~he following percentage of Journeyman's ls~ 2nd 3rd q~h SUPPLEMENTAL BEN~FITS:(per hour worked) Journeyman $ 19.6q Appnen~ices Same ~ as wages of $ 19.6q WAGES Rem./Aba~emen~ only~ .... $ 22.00 ~On mechanicial systems tha~ are no~ to be scrapped. OVERTIME: Rem,/Aba~emen*: Time and One-Half after 8 hours per day and a,~er 5 work days par week. Journeyman Rem & Aba~emen± $ q. O0 9-12 BO)LERMAK~R Page 5 Prevailing Ra±e Schedule NeH York Sta±e Departmen± of Labor .................................. Case Number .................................. 0005568 SUFFOLK 1999A HAGES(per hour) 7/01/1999 Boilermaker ( 7-hour day ) ............. $ $3.00 Boilermaker ( 8-hour day ) 3q.95 OVERTIHE PAY: See ( C, 0 ) on OVERTIME PAGE for 7-hour day. See ( D, 0 ) on OVERTIME PAGE for 8-hour day. HOLIDAYS: ~ See ( 8, 16, 23, 2q ) on HOLIDAY PAGE. IME: See ( q~ 6, 11, 12, 15, 25 ) on HOLIDAY PAGE. LABOR DAY~ if worked, at quadruple rate. APPRENTICES: ( 1/2 ) year Germs at the following percentage of journeyman's Nage. 1st 2nd ~rd ~h 60% 6b% 7U% 75X SUPPLEMENTAL BENEFITS: 5th 6th 7~h 8~h ~UX 85% WU~ 95x (per hour worked) $ 3.96 plus q7% of wage rate CARPENTER HAGES(per hour) 7/01/1999 Building: ' Millwright ........... $ 31.58 OVERTIME PAY: See ( B, E, E2, 9 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ] on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 15, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, lg, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman!s ~age. 1st. Znd. 3rd. SUPPLEMENTAL BENEFITS:(per hour paid) Journeyman $ 23.89 Appr lst~erm 15.9q Appr 2nd Germ 17.35 Appr 3rd Germ 19.q2 Appr qth term 21.53 9-7q0 CARPENTER Page 6 Prevailing Rate Schedule New York Sta±e Departmen± of Labor .................................. Case Number .................................. 000~$68 SUFFOLK 1999A WAGES(per hour) 7/01/1999 Carpe±/Resilient Floor Coverer ......... $ $0.30 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: ~AID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for let S 2nd yr. Appren±ices OVERTIME: See ( S, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: [ 1 ) year terms at the following percentage of Journeyman's wage. lsd. 2nO. 3rd. qO% bU% 65% SUPPLEMENTAL BENEF~TS:(per hour worked) - See Beiow. 9-2287 CARPENTER WAGES(per hour) Piledriver ........... $ Oockbuilder .......... 7/01/1999 31.55 31.55 OVERTIME PAY: See ( HOLIDAYS: ffAID: See ( PAID: Sea ( OVERTIME: Sea ( APPRENT)CES: ( 1 ) wa e SUPPLEMENTAL BENEFITS: (per hour paid) B, E2, 0 ) on OVERTIME PAGE. 18, 19 ) on HOLIDAY PAGE. 5, 6, 11, 13, 16, 18, 19, 25 ) for ls± & 2nd yr.;Appren~J'es 5, 6, Ii, 13, 16, i8, I9, 25 ) on HOLIDAY PAGE. year terms a± ~he following percentage of Journeyman's 3rd, qt~. 6b% -Sae Baiow. CARPENTER WAGES(per hour) 7/01/1999 Marine Construction: Marine Diver .......... $ 58.79 " " Tender .... 28.67 OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: FAIU: See ( iS, 19 ) on HOLIDAY PAGE. Page 7 Prevailing Ra±e Schedule New York SGa±e OeparGmenG of Labor .................................. Case Number .................................. 0003368 SUFFOLK 1999A PAID: See ( ~; ~; 10, 11, 13, 16, 18, 19 ) on HOLIDAY PAGE. OVERTIME: See ( 10, 11, 13, 16, 18, 19 ) for lsG 8 2nd yr. ApprenGices SUPPLEMENTAL BENEFITS:(per hour paid) - See Below. 9-1q56/D CARPENTER WAGES(per hour) Timberman ......... $ 7/01/1999 28.35 ~ See ( B, E, E2, Q ) on OVERTIME PAGE. ~ See 18, 19 ) on HOLIDAY PAGE. PAID: See 5, 6, 11, 13, 16, 18, 19, 25 ) for lsG & 2nd yr. ApprenGices OVERTIME: See S, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 year Germs aG Ghe following percenGage of Journeyman's SUPPLEMENTAL B~NEFITS;(~er hour paid) - See Below. 9-1536H The following SupplemenGal Benefits apply Go Ghe preceding CarpenGer ca±egories end/or OccupaGional GiGles unless oGherwzse noGed. . 7/01/1999 SUPPLEMENTAL BENEFITS:(per hour paid) Journeymen $ 21.65 Apprentices 15.35 9-NYC/Supp CARPENTER WAGES (per hour) 07/01/1999 Building: CarpenGer ............... $ 29.15 Heavy/Highway: Carper±er ............... $ 29.13 ~ See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS= Page 8 Prevailing Ra±e Schedule New York Sta±e Department of Labor .................................. Case Number .................................. 000~68 SUFFOLK 1999A I : See APPRENTICES 1st yr 2nd yr Srd yr ~th yr on HOLIDAY PAGE. 5, 6, 10, 16 ) on HOLIDAY PAGE. 1 ) year terms at the following wages. Heavy/Highway Building $ 11.65 $ 11.65 16.02 16.02 18.9~ 18.92 22.20 22.20 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 20.59 Appr 1st & 2nd terms lq.21 Appr 2rd & qth terms 20.59 q-SUF ELEVATOR HAGES (per hour) 7/01/1999 Elevator Constructor ..... $ ~q.~15 I! Modern. & service... 28.575 Apprentice: 1st 2nd 5OX 6UX OVERTIME PAY:CONSTR. See ( C, 0 ) on OVERTIME PAGE. ~MODERN./SERV. See ( B, H ) on OVERTIME PAGE. HOLIDAYS: PAIU: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11', 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) Construction $ 10.855 Modern./Service 10.705 (6) month terms at the following percentage o~ Journeyman's wage. 2rd 4th 5th 6th 7~h 8~h 9th lOth 9-1 GLAZIER HAGES(ner hour) Glazier .............. $ OVERTIME PAY: See ( C, HOLIDAYS: PAIO: Sea ( i ) on HOLIDAY PAGE. 7/01/1999 28.25 0 ) on OVERTIME PAGE. Page 9 Prevailing Ra±e Scheduie 'New York S±a~e Oepar±men~ of Labor .................................. Case Number .................................. 0003568 SUFFOLK 1999A OVERTIME: See ( S, 67 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms a~ ~he folowing percentage of Journeyman's wa e. ls~ 2nd ~ ~ 55% qb% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 17.21 Appr ls~ ~erm 8.61 Appr 2nd ~erm 10.07 Appr 3rd ~erm 11.14 Appr 4~h ±arm 12.50 9-1087 (DC9 NYC) ELECTRICIAN HAGES (per hour) 7/01/1999 4/29/2000 ElecArician ............ $ 34.25 $ 35.25 Fire Alarm ............. 34.25 35.25 Audio/Sound ............ 34.25 35.25 ~ See ( B. Q, V~ ) on Overtime Page. YORK STATE DEPARTMENT OF TRANSPORTATION AND OTHER GOVERNMENT MANDATED HORK HHEN OFF SHIFT HORK IS REQUIRED,THE FOLLONING PREMIUM RATES OF PAY SHALL BE IN EFFECT; 7/01/1999 4/29/2000 SHING SHIFT ~ 4:30 P.M.~o 12:30 A.M ..... $ 40.19 $ 41.36 GRAVEYARD SHIFT 12:30 A.M.(o 8:A.M ........ 45.01 46.33 ~See ( ! on HOLIDAY PAGE. b~IME: See 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I year ±arms at the folloHing percentage of Journeyman's ls~ 2nd 3rd 4th 5±h 6ih ' 50% 55% q0% 50% 60% lO% SUPPLEMENTAL BENEFITS: (percents based on gross wages-o~hers per hour) 7/01/1999 4/29/2000 Journeyman 43.5% + 43.5% +' App ls( yr 15% + 15% + App 2nd yr I5% + 15% + $ 3.13~ $ 3.33~ App 3rd yr 43.5Z + 43.5Z + $ 5.43~ $ Page 10 Prevailing Ra±e Schedule New York S~a~e Oepar±men± of Labor .................................. Casa Numbar 0003568 SUFFOLK 1999A App q~h yr App 5th yr App 6~h yr PUMP & TANK MORK 7/01/1999 6/01/2000 JOURNEYMAN ....... $29.22 $30.10 OVERTIME; See ( ~, Q ) on OVERTIME PAGE. HOLIDAYS: Paid Overtime ( 5, 6, 9, 16, 25 ) on HOLIDAYS PAGE. q3.5Z + q3.5Z + $ 5.q3~ $ 43.5Z + 43.5% + $ 5.43~ $ 5.43~ q3.5Z + 43.5Z + 6/01/2002 $31.30 Apprentices: One ( i ) year ~erms a± ±he following percen± of journeymans rage. ls± 2nd 3rd 4±h 5~h 40Z 50% 60Z 70% 85Z Supplemen±ai Benefits : per hour worked. 50 1/~% of hourly Pate q-25 For u~ili~y dis~ribu±ion 8 ~ransmission line construction. HAGES (per hour) 04/04/199g 10/03/1999 Lineman / Splicer ....................... $ 30.50 ~ 31.0;0~ Material Man ............................ 26.54 26.97 Heavy Equip. Oper ....................... 24.q0 24.80 Groundman ............................... 18.30 18.60 Flagman ................................. 13.73 13.95 OVERTIME PAY: See ( B, Q ) on OVERTIME PAGE. ~See ( 1 ) on HOLIDAY PAGE. t~IME: See ( 5, 6, 8, 9. 10, 11, 16 ) on HOLIDAY PAGE. ~ APPRENTICES: 1000 hour periods a~ ~he following percentage of journeyman,s Hage. lsd. 2nd. 3rd. qth. 5±h. 6%h. 7~h. SUPPLEMENTAL BENEFITS: (percents based on gross ~ages-o~haPs pep hour) 04/04/99 10/05/99 15 % + 15 % + $ 3.41 $ ~.79 Page i1 Prevaiiing Ra±e Schedule New York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 0003368 SUFFOLK 19ggA 4-1049 line ELECTRICIAN Applicable to elec±rical maintenance of exis±ing electrical systems including, but not limited to, traffic signals and s±ree± ligh±ing. ~AGE~ (per hour) 7/01/1999 Electrician $ 27.30 ~ See ( B, H~ ) on OVERTIME PAGE. ee ( 1 ) on HOLIDAY PAGE. See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms a~ ~he following wage. is~ Zqd 3rd q~h 5~h qU~ 5UZ 6UZ 7OZ 80Z SUPPLEMENTAL BENEFITS: (per hour worked) $ 11.98 4-25m TREE TRIMMER - Line Clearance Soecialisi HAGES (per hour) 7/01/I999 01/03/2000 $ 19.02 $ i9.50 ~ See ( B, E, P, T ) on OVERTIME PAGE. ~See ( 5, 6, 8, 9, 10, II, i6, ) on HOLIDAY PAGE. ~ See ( 5, 6, 8, 9, 10, II, I6, ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS; (per hour worked) $ 3.37 + $ 3.87+ $ q.lZ+ 12.5 % 12.5 % 12.5 Z 12/30/2000 01)0672~02 $ 19.99 $ 20.4q $ 4.37+ 12.5 Y, 4-10q9 IRONHORKER HAGES(per hour) 7/01/1999 Page 12 Prevailing Ra±e Schedule New York State Department of Labor .................................. Case Number .................................. 0005368 SUFFOLK 1999A Structural ........... $ 57.70 Riggers .............. 37.70 Machinery Movers 37.70 ' Erectors... 37.70 OVERTIME PAY: Sea ( B, Ex, Q, V ) on OVERTIME PAGE. ~ for 1st 8 hours, double time thereafter. HOLIDAYS: PAiU: See ( 18, 19 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 18, 19 ) on HOLIDAY PAGE. ~ ( 1/2 ) year terms at the folloHing wage. 3rd. qth. 5th. 6th. $ ZO.b5 21~b Zi.15 Zl.75 Zl. Zb Z1.TS SUPPLEMENTAL BENEFITS:(per hour Horked) Journeyman $ 22.33 Apprentices 17.88 9-q0/361 WAGES(per hour) 7/01/1999 Reinforcin9 & Me~al Lathing .......... ~ 31.45 ~ See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAIU: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, B, 10, 11, 13, 18, 1~ ) on HOLIDAY PAGE. ~~ I ) year terms a± the folloHing wage rates. SUPPLEMENTAL BENEFITS:(peP hour worked) Journeyman $ 17.48 Appr 1st term 10.68 2nd term 11.68 Srd term 15.68 q~h term 16.68 9=q6 HAGES (per hour) 7/01/1999 Ornamental ............. $ 34.04 Page 13 Prevailing Ra±e Schedule New York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 0003368 SUFFOLK 1999A Chain Link Fence ....... 3~.04 Guiderail Installation. 34.04 OVERTIME PAY: See ( A, Ol, EH, Q, V ) on OVERTIME PAGE. ~Double ~ime after 7 hours on Saturday. ~ee ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8 ) on HOLIDAY PAGE. APPRENTICE (1/2) year ~erms a~ ~he following percentage of Journeyman's lsd. 2nd. 3rd. 4~h. 5~h. 6~h. SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ i8.26 Appr is~ ~erm 16.i7 Appr 2nd ~erm 16.43 Appr 3rd ~erm 16.69 Appr 4~h ~erm 17.22 Appr 5~h ~erm 17.48 Appr 6~h ~erm 18.00 9-580 NAGE$ (per hour) Building Laborer: Excep~ Aba~emen~ ...... For Aba±emen~ See Below OVERTIME PAY: See ( A, F, E2 ) on OVERTIME PAGE. See ( I ) on HOLIDAY PAGE. ME: See ( 5, 6, 10 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 13.98 Aba~emen± Only: ................ $ 22.00 Supplemental Benefits ( per hour worked ) ............ $ 4.00 7/01/1999 $21.28 + $i.59 addi~.(AiIoca~ion ~o bm de~ermined) 4-66 LABORER - HEAVY/HIGHNAY Laborer (Heavy/High~a¥): Group # 1: Asphal± Rakers and Formse~±ers. Group # 2: Asphal~ Shovelers, Roller Boys and Tampers. Page lq Prevailing Rate Schedule New York State Departmen± of Labor .................................. Case Number .................................. 0003368 SUFFOLK 1999A Group # 5: Basic Laborer, Power Tool, Trackmen, Landscape, Pipeiayer, Jackhammer and Concrete. NA~ES (per hour) 7/01/1999 Heavy/Highway Laborer: Group # 1 ............. $ 25.67 Group # 2 ............. 25.08 Group # 5 ............. 25.12 NOTE: PREMIUM PAY 20% on straight time hours for NEW YORK STATE O.O.T and other GOVERNMENTAL MANDATED off-shift work. OVERTIME PAY: See ( B, F, E2 ) on OVERTIME PAGE. ~ee ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( i ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 1Z.87 ($ 5.05 after qO regular hours) 4-1298 MASON-Buildine WAGES(per hour) Building: Marble/ Sawyer, Rubber & Polisher ............ Marble Restoration 7/01/1999 1/01/2000 29.85 29.98 Finishers ............. 14.82 15.07 ~ See ( A, E, Q, V ) on OVERTIME PAGE. Journeymen receive 1/2 days pay for Labor Day. Uleaner. Mazntenance and 1ST three terms of Apprentices See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. All others See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. ~ ( 1/2 ) year terms at the following percentage of Journeyman's Ha e. ls~ 2nd ~[~ 4~h ~ 6th 7th 8th 50% bb~ 6b% ~UX ~UX SUPPLEMENTAL BEN~FITS:(per hour Honked) Journeyman $ 12.35 Cleaner/Maintenance 2.40 Appr 5.BO + wage percentage of $ 6.09 g-7/2q MASON - Building Page 15 Prevailing Ra~e Schedule New York S±a±e Depar±men~ of Labor .................................. Case Humber .................................. 0005368 SUFFOLK 1999A HA6ES(per hour) ?/01/199g Building: Bricklayer .......... $ 31.73 OVERTIME PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: ?AIU: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( S, 6, iO ) on HOLIOAY PAGE. APPRENTICES: ( 750 hour ) ~erms a~ ~he following percentage of Journeyman's wage'ls~ 2nd 3rd ~h BTH [500 Hrs] 6TH (500 Hrs) SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 15.~6 Appr B.28 9-1Brk MASON-Buildina Uni± Pavine Hork~ ~ Shall include bu~ no~ limi±ed ~o: fired clay brick pavers, pre-cas~ con- cre~e slabs (london walks), pressed concrete pavers¢ cobbie s~one, all ±ypes of flagging, asphal~ concrete pavers- asphaltic cemen~ sand and s~one aggregate, uni~ safe~y surface. HAGES(per hour) 7/01/1999 8/01/1999 Journeyman .............. $ 2~.72 addi~ Apprentice ( one year ~erm ) .... 20.07 .70/hr. - OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. ._,: .. HULI~_~:"~v~' See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEHENTAL BENEFITS:(per hour worked) !. Journeyman $ 10.76 Appr 5.98 ' 9-1 Paver PLASTERERS - SKIMCOAT~NG HAGES(per hour) 7/01/1999 Journeyman ........... $ 26.31 OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE. Page 16 Prevailing Rake Schedule New York S~ate Depar~men~ o~ Labor .................................. Case Number .................................. 000~68 SUFFOLK 1999A HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: Sea ( 5, 6, 8, 10, 11, 13, 18 · 19 , 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year ±erms at ~he following percentage of ~ourneyman~s ls~ 2nd ~rd q~h 5±h 6~h qOX qbX bbZ 6OZ /OX 75X SUPPLEMENTAL 8ENEFITS:(ner hour worked) Journeyman $ 12.65 Appr Same oercen~age as wage. 9-530 MASON - Poin±er/Caulker/Cleaner WAGES(per hour) 7/01/1999 Poinier, Cleaner,& Caulker (Mason) ..... $ 27.16 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 2B, 26 ) on HOLIDAY PAGE. APPRENTICES: [ 1 ] year ~erms a± Abe following ~age ra~es. .ls~ Znd ~rd ~h $12.Zb 16.Zb' 19.lb 25.00 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 11.75 Appr ls~ ~erm 2.50 Appr 2nd ~erm 2.75 Appr 3rd ~erm q.50 Appr ~h ±erm 6.50 9-1PCC MASON WAGES(per hour) 7/01/1999 Cemen~ Mason ......... $ 33.25 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. ~ee ( i ) on HOLIDAY PAGE. OVERTIME: Sea ( 5, 6, B, 11, 15, 25 ) on HOLIDAY PAGE. Page 17 Prevailing Ra±e Schedule New York S±a±e Depar±men~ of Labor .................................. Case Number .................................. 000~68 SUFFOLK 1999A APPRENTICES: ( 172 ) year ~erms a~ ±he following percentage of Journeyman's wage. 50% 6~X /OX 80X SUPPLEMENTAL BENEFITS:(per hour worked) $ 14.14 9-780 MASON - Buildino HAGES(pe6 hour) Building= Plasterer ............ $ 7/01/1999 29.27 OVERTIME PAY: See ( A, G, P, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms at ~he following percentage of journeyman's Hage. ls~ 2n SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 12.25 AppP ls~ ~hree monAhs 0.00 All o,her Appr 12.25 9-202P MASON-Buildina HAGES (per hour) 7/01/1999 Building: Mosaic ~ Terrazzo Horker...$ $1.$8 " Helper...$ ~0.07 OVERTIME PAY: See ( A E, Q, V~ ) on OVERTIME PAGE. ~ $ 5.~ added ~o supplements. ~See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS=(per hour worked) $ 1~.85 Page lB Prevaiiing Ra±e ScheduIe New York S~a±e Depar±men± of Labor .................................. Case Number .................................. 000~68 SUFFOLK 1999A 9-7/3 MASON - Buildin~ WAGES[per hour) Building: Tile Layer ........... 7/01/1999 ll/O1/lggg 30.26 31.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: HAIU: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, lO, 11, i5, i6 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)±erms a± ±he following percentage of journeyman's wage. ls± 2nd ~ 4±h ~±h 6~h 50X 5bX 75X bX SUPPLEMENTAL BENEFITS:(per hour worked) $ lq.~2 lq.82 9-7/52 MASON - Buildine HAGES(per hour) 7/01/1999 Building: Tile Layer Helper & Finzsher ....... $ 25.7q OVERTIME PAY= See ( A, E, Q ) ON OVERTIME PAGE. ~See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, B, 10, 11, 15, 16 ) SUPPLEMENTAL BENEFITS=(per hour worked) $ 11.08 12/01/1999 26.2q on HOLIDAY PAGE. 11.23 g-7/88 [RONHORKER HAGES(per hour) 7/01/1999 Derrickman/Rigger .... $ 30.59 + $1.59 Addi±. (Allocation ~o be de~ermined) OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: Page 19 Prevailing Ra±e ScheduIe New York S~ate Department of Labor .................................. Case Number .................................. 000~$68 SUFFOLK 1999A PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 5rd qth Sth 6th bOX 6DX 7U~ ~UZ ~OX gUS SUPPLEMENTAL BENEFITS:(per hour worked) $ 22.6q 9-197 MASON - BuildinR NAGES(per hour) 7/01/1999 1/01/2000 Building: Marble Cut,ers & Setters ............. $ 33.75 $q.88 OVERTIME PAY= See ( B, O, V ) on OVERTIME PAGE attached. HAIU HULIUAY; Journeymen receive 1/2 days pay for Labor Day. Apprentices 1S( *hree terms See ( 5, 6, B, 11, lB ) on HOLIDAY PAGE, Plus any day folloHing a Thursday or Sunday Holiday. All others See ( OVERTIME: See ( B, 6, 8, 11, lB, ) on HOLIDAY PAGE. ~( 1/2 ) year ~erms at the following percentage of journeyman's 1st 2nd 5rd bO~ 552 6b~ IU~ SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 15.65 Appr 5.90 + wage percentage of $ 9.75 9-7/q HASON-Buildino HAGES(peP hour) 7/O1/lggg Marble-Riggers, Crane 8 Derrickman...$ 27.72 28.72 ~ See ( C, O, V ) on OVERTIHE PAGE. : 1/2 Day for Labor Day. UVENIIME: Bee ( B, 6~ 8~ 11, 15, 25 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) 1/01/2000 Page 20 Prevailing Ra±e Schedule New York Sta±e Depar±ment of Labor .................................. Case Number .................................. 0005368 SUFFOLK 1999A 16.87 16.82 9-7/20 PAINTER AND DRYHALL FINISHER HAGES (per hour) Brush. Paper Hanger,Taper Structurai Steei ......... Spray, Scaffold~Sandblast Repaint/Renovation ....... 7/0i/1999 26.05 33.63 28.q7 20.89~ ~Additional $2.00 per hr. for Hanging Scaffoid, Spray, Sandblasting, and Roiiing Scaffold 20' and over. Lead Abatement at same ra±e as ciassification. OVERTIME PAY: See ( A, E, K ) on OVERTIME PAGE. OVbMIIME PAY-Repaint/Renovation: See ( B ) on OVERTIME PAGE. HOLIDAY: ~ See ( i ) on HOLIDAY PAGE. IME: See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( i )lstyear termsdat2n *he3rdfOiiawing ra±es. Brush $ 10.7~ 16.0i i9.il Scaff./SB ll.8q 17.62 21.09 Struc. Stl. 12.9q 19.2q 23.08 Rp~/Ren. 10.75 16.01 19.11 SUPPLEMENTAL BENEFITS: (per hour worked) Rpt/Ren. Journeyman $' 13.67 All other Journeyman 13.67 Appr 1st year 4.76 Appr all o,her terms la.lB 4-1486 WAGES (per hour) Plumber .............. OVERTIME PAY: See ( A, 0 ) See ( I ) on HOLIDAY PAGE. IME: See ( B, 6, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: wage. 7/01/199g lO/51/lg9g $ 33.65 $ sq.13 on OVERTIME PAGE. year terms a± the following percentages of Journeyman's Page 2i PrevaiIing Ra±e Scheduie New York S~a~e Depar~men± of Labor .................................. Case Number .................................. 000~68 SUFFOLK 1999A is~ 2nd 3rd ~h 5~h /bX SUPPLEMENTAL BENEFITS: (per hour worked~) Journeyman $ i5.63 $ 15.90 Appr ls~ ~erm 9.26 9.~2 Appr 2nd ~arm 10.3~ I1.07 Appr 3rd ~erm lO.9S I1.25 Appr q~h ~erm 11.6~ 11.95 Appr 5~h ~erm 12.02 12.53 ~Sunday and Holiday Bene~i±s paid a± Oouble Time ra~e. PUMP & TANK HORK Journeyman ................. $ 28.50 Over±ime: ( B, E, Q ) on Overtime Page. Holidays: Paid ( 1 ) Overtime ( 5, 6, 9, 10, 16 ) on Holiday Page. Apprentices: One year ~erms a~ ~he following percen~ of Journeyman,s ra~e. ls~ 2nd 3rd q~h ~0% 50% 60% 70% Supplemen~a! Benefi±s ; pen hour worked. Journeyman ................. $ 1~.7! App. ls~ yr ................... 6.06 App. 2nd yr ................... 7.37 App. 3rd yr ................... 8.83 App. q~h yr .................. 10.29 6-200 STEAMFITTER HAGES(per hour) ' ~, ) 7/01/1999 ' S~eam Fi~er .......... $ 35.30 Sprinkler Fi~er ...... 35.30 For Hork on Temporary Hea~ & Air Conditioning ....... $ 25.88 : ~ See ( C, O, V ) on OVERTIHE PAGE. HOLIDAYS: PAIU: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( E, 6, 7, 11, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms a~ ~he ~ollowing percentage o~ Journeyman's wage. lsd. 2nd. 3rd. ~h. 5~h. qO% box 65Z SUPPLEMENTAL BENEFITS:(per hour paid) Page 22 Prevaiiing Ra±e Scheduie New York S±a~e Depar~man± of Labor .................................. Case Number .................................. 0005568 SUFFOLK 1999A For Honk on Temporary Hea~ & Air conditioning Apprentices 17.50 + .Sq per hour Honked i4.q9 + .Sq per hour worked ~erm percentage of 17.50 plus .~ per ~our Horked 9-658A STEAMFITTER HAGES(per hour) 7/01/1999 S±eamfi~er ......... $ 22.50 Refrigera±ion, A/C, Oil Burner and S~oker Service and Ins±alia~ions, limited on Refrigeration ±o combined compressors up'±o f~ve (5) horsepower, and on A/C Hea~ing and Air Cooling ±o combined compressors up ±o ±an (10) horsepower. OVERTIME PAY=See ( B, E, 0~, SM~ ) on OVERTIME PAGE. HOLIDAYS= PAIU: See ( 2, 6, 9, 10, ll. iS~ 17, 26, Memorial Day ) on HOLIDAY PAGE. OVERTIHE= ~ ( 2. 6, 9, 15, 17 MM ( 10, 11, 26, Memorial Day ) ~( 1 ~ year ~erms a± ±he following Ha e. 2nd6 mo 2~~ grd SUPPbEMENTAL BENEF~T~:(per hour worked) Journeyman ~ 8.06 , Appr ls~ ~erm 7.00 Appr 2nd ±erm 6.56 ' Appr Srd ~erm 6.0i Appr q~h ~erm 5.56 9-658B ROOFER HAGES (per hour) 7/01/1999 Roofer/Ha~erproofer ..................... $ 25.50 OVERTIME PAY-Ne~ Roof: See ~,A ,E ~ ) on OVERTIME PAGE, V - : ~ee ( ~ ~ on OVERTIME PAGE. ee ( i ) on HOLIDAY PAGE. See ( 5, 6, 10, 15, 16 ) On HOLIDAY PAGE. Page 23 Prevailing Ra±e Schedule New York S±aAe DeparAmen~ of Labor .................................. Case Number .................................. 0003368 SUFFOLK 1999A APPRENTICES: ( 1 is± 2nd 3rd SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman Apprentices ls~ Znd Srd qth ) year ~erms a~ ~he following percentage of 5ourneyman,s wage. 17.57 2.00 3.75 9.37 13.91 q-15q H L KER HAGES (per hour) Shee~me~al Horker .... 07/01/1999 31.89 For Temporary Opera~ion or Maine.of Fans and Decking & Siding Work: ........ 80% Of Shee~me±al Horker Ra~e. ~ See ( C. EZ. O. V ) on OVERTIME PAGE. ( D, E2, O, V ) for FAN MAINT.-DECKING & SIDING. -~ee ( 1 ) on HOLIDAY PA~E. E: See [ 5, 6, ll, 12, 15, 25, 26 ) on holiday page. APPRENTICES:2(dl/2n ) year ~erms a~ ~he ~ol]oNing pePcen~ o~ ~ourneyman ra~e · ls~ ~[~ ~ 5th 6th 7~h 8~h 5~% 55% 6UZ 5U~ SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 19.91 Appr ls~ ±arm 5.53 Appr 2nd ~erm 6.q6 Appr 3rd ~erm 7.31 Appr qih ±arm 8.32 Appr 5~h ~erm 9.ql Appr 6±h ~arm 11.85 Appr 7~h ±~rm l$.lB Appr 8~h ±arm 15.56 q-Z8 He[der... To be paid ~he ra±e of ~che mechanic performing ~che work. TEAMSTER-Buildinq Page 2q Prevailing Ra±e Schedule Ne~ York S~ate Depar±ment of Labor .................................. Case Number .................................. 0003368 SUFFOLK 1999A Truck Driver (Building and Heavy/HighHay): GROUP 1: Chauffeur and Excavation. HAGES (per hour) 7/01/1999 Truck Driver (Building and Heavy/HighHay): Group i ................. $ 26.955 Drivers of ~hree-axle ~ractors & ~railers~ Sq. O0 per day additional. Drivers of heavy equipmen~ ~ ~agalong ~razlers, $10.00 per day additionai. Drivers of boom ~rucks, SB.O0 per day additional. OVERTIME PAY: See ( B, E, R ) on OVERTIME PAGE. See ( 5, 6, 16, 25 )~ on HOLIDAY PAGE. ME: See ( 5, 6, 16, 25 )N On HOLIDAY PAGE. ~ must ~ork ±~o days in holiday ~eek. SUPPLEMENTAL BENEFITS: (per hou~ Horked) STRAIGHT TIME ............ ~ 18.0025 OVERTIME ................. 9.40575 4-282nsh TEAMSTER- Demoli±ion/Debris, Asbestos/Toxic Has±e HAGES (per hour) 7/01/1999 Truck Orive~', Chauffeur or Loader/Opera'or S~right Jobs ........... $ 20.35 Trailers ............... 20.55 OVERTIME PAY: See ( B, L, S, Si,) on OVERTIME PAGE. Holiday Page. Mus~ ~ork ~Ho days in Holiday Heek SUppLEMENTAL BENEFITS: (per hour Horked) 5tri h~ tsme $ 12.35 Additional for Over±ime 3.74 4-282.Demo SIGN ERECTOR HAGES (per hour) Sign Erector ......... Plastic Mechanic ..... 7/01/1999 24.65 19.72 Page 25 Prevaiiing Rate Scheduie New York State Depar±men± of Labor .................................. Case Number .................................. 0003368 SUFFOLK 1999A OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. ~ee ( 5, 11, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See (65,16;.0, 10, 11, 12, 16 ) on HOLIDAY PAGE. APPRENTICES: (1) year terms at the following percentage of Journeyman's wage. ls± 2nd 3rd qth 5±h Sb~ qb~ bb~ 65~ 7b~ SUPPLEMENTAL BENEFITS: Journeyman $ q~62 per hour paid + 20 % of wage + $ 27.00 per day paid + $ 2.05 per day worked + $ 0.20 per hour worked + Employee share of Soc. Sec. Appr ls± yr Appr 2nd yr Appr 3rd yr Appr qth yr Appr 5th yr 1.95B per hour paid + of gross Hage + 0.20 per hour worked + 115.00 per month 2.4q per hour paid + of gross wage + 0.20 per hour worked + 115.00 per month 2.922 per hour paid + 18~ of gross ~age + 2.00 par day paid + 0.20 per hour ~orked 3.q04 par hour paid + 20~ of gross wage + q. O0 per day paid + 0.20 per hour worked ~.q68 pen hour paid plus 20Z of grass wage plus 6.00 per day paid plus 0.20 per hour ~orked 9-137 PAINTER - S±riaina Hiahway HAGES(peP hour) Painter (Striping-Highway): S~riping-Machine Opera~or ....... $ " Helper .................... Linerman ....................... OVERTIHE PAy; See B, E, P, S 7/01/1999 21.57 15.79 2q.09 on OVERTIME PAGE. Page 26 Prevailing Rate SchaduIa New York Sta~e Depar~man± of Labor .................................. Casa Number .................................. 000~68 SUFFOLK 1999A See ( 2, 8, 11, 12, 15, 16, 17, 20 )ON HOLIDAY PAGE. OVERTIME: See ( 2, 8, 11, 12, 15, 16, 17, 20, 21, 22 ) ON HOLIDAY PAGE. SUPPLEMENTAL BENEF~TS:(per hour paid) 22% of wage + $0.50 9-Sa/28a {250) SURVEY CREW - Buildine WAGES:(eer hour) 7/01/1999 Survey Re±es-Building: Par~y Chief ......... $ ~0.01 Ins±rument Man ...... 25,60 Rodman ............... 17.q8 OVERTIME PAY: See ( A. EX, Q, V ) ON OVERTIME PAGE. *Uoubletzma paid on ~he 8th hour on Saturday. HOLIDAYS: MAIU: See ( 5, 6. 8, ii, i5,16,25 )on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 16, 25 )on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ±erms a± ±he foliowing wage ra±es. 1st term $ 9.97 2nd (erm lq.iq SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 15.15 Apprentice 8.65 9-150b SURVEY CREW - Heavy/Hiehwav ~AGES: (per hour) 7/01/1999 Survey Ra~es-Heavy/Highway: Per~y Chief ............. ~ 29.1q Ins~rumen~ Man .......... 25.ql Rodman .................. 20.62 OVERTIME: See ( B, E~. Q, V ) ON OVERTIME PAGE. ~Ooubletime paid on the 9~h hour on Saturday. ~:"See ( 5, 6~ 7, 11, 12 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ±erms e~ ~he following wage ra~es. 1st term $ 9.97 2nd (arm lq.l~ Page 27 Prevailing Rate Schedule NeH York State Department of Labor .................................. Case Number .................................. 0005568 SUFFOLK 1999A SUPPLEMENTAL BENEFITS Apprentice (per hour paid) $ 15.15 8.65 9-15D-N/S CO. SURVEY CREH - Consultine Eneineer CONSULTING ENGINEER SURVEY Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performe~ under a Consulting Engineer agreement. HAGES.'(per hour) 7/01/1999 Survey Rates: Party Chief ......... $ 23.96 Instrument Man ...... 20.66 Rodman .............. 17.88 OVERTIHE PAY: See ( B. E~. Q, V ) ON OVERTIME PAGE. ~Uoubletime paid on the gth hour on Saturday. HOLIDAYS: ?ALU: See ( 5, 6. 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the folloHing Hage rates. ls~ term $ 9.87 2nd term lq. Oq SUPPLEMENTAL BENEFIT~; (per hour paid) Journeyman $ 9.55 Apprentice 6.75 9-15dconsult CORE DRILLING :~ HAGES(Per hour) ) 10/16/1998 10/16/1999 Core Drilling: - Driller .............. $ 22.25 addit. :]: Helper ................ 18.72 $1.00/hr.(Allocation to be determined) Note: Hazardous Haste Pay Differential: For Level C, an additional $ 0.25 per hour For Level B, an additional .75 per hour For Level A, an additional 1.00 per hour Note: Hhen required to Hork on Hater: an additional $ 0.25 per hour. ~ See ( B, E, K~, P~ R~ ) on OVERTIME PAGE. HOLIDAYS~ ?ALU: See ( 5, 6 ) on HOLIDAY PAGE. Page 28 Prevailing Rate Schadule New York State Department of Labor .................................. Case Number .................................. 0003368 SUFFOLK 1999A OVERTIME: ~ See ( 5, 6 ) on HOLIDAY PAGE. ~ Sea ( 8, 10, il, i3 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 7.69 9-1536 POWER EQUIPMENT OPERATOR - Heavv/Hiohwav HAGES (per hour) Well Drilier: Hell Driller: .......... Well Driller Helper:... OVERTIME PAY: See ( B, E, HOLIDAYS: -~iSee ( 5, 6. ME: See ( 5,16, O, 7/01/1999 8/01/1999 $ 23.61 $ 23.72 21.07 21.10 G, P ) on OVERTIME PAGE. 12, 16 ) on HOLIDAY PAGE. 10, 12, 16 ) on OVERTIME PAGE. Apprentices: ( 1 ) year terms at the following rates; ls±.yr ............... $ II.O0 $ II.O0 2nd.yr ............... 12.50 12.50 3rd.yr ............... lq.50 lq.50 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ...... $ 8.30 + $ 7.95~ + 10% of rate 10% of rate ~overtime $ 9.95 + 10% of rate Apprentice ...... 5.00 + 10% of rate 5.00+ 10% of rate 4-138well POWER EQUIPMENT OPERATOR - Buildine U G: - ~'~: Asphait Spreader, Backhoe Crawler, Boiier, Boring Machine, Cherry Picker lover 50 tons). Concrete Pump~ Crane, Derrick, Draglzne~ Dredge~ Gradall, Grader~ Hoist, Loading Machzne (10 yds or more), Millzng Machzne, Pile Driver, Power Wznch-Stone Se~zng/Structural S~eel/Truck Moun~ed, Powerhouse, Road Paver. Scoop-Carryall-Scrager in Tandem. Shovel, Sideboom Tractor, Stone Spreader (Sail Propelled), Tank Work, Tower Crane Engineer. CLASS "B": Backhoe, Boom Truck. Bulldozer, Broing Machine/Auger, Cherry Pzcker, ~onve¥or-Multi, Dinky Locomotive, Fork Lzft, Hoist (2 Drum), Loading Machine & Fron~ Loader, Mulch Machine (Machine fed), Power Winches (Aii o~hers not included in CLASS A), Asphalt Roiler. Hydrauiic Pump with Boring Machine, Scoop, Carryall, Scraper, Maint. Man on Tower Crane, Trenching Machzne, Vermeer Cu~ter, Work Boat. ~ Page 29 Prevailing Rate Schedule New York State Department 'of Labor .................................. Case Number .................................. 0005~6B SUFFOLK 1999A CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Nell Point), FieZd Mechanic, Milling Machine (Small). Pulvi-Mixer, Pumps, Roller (Dirt), Vac-All, Helding/Burning~ Compressor (Structural Steel & 2 or more in Battery), Concrete Fini-s~ing Mac~zne~ Concrete Spreader~ Conveyor, Curing Machine, Fireman, Hoist (One Drum), Ridge Cutter, Stripzng Machine, Heldzng Machine (Structural Steel & Pile Hork). CLASS 'D": Compressor (Pile~ Crane, Stone Setting), Concrete Breaker/Saw Cutter, Work Lift (Halk Behznd/Power Operated)~ ~enerator (Pile Hork). Hydra Hammer. Hand Operated Mechanical Cpmpactorst Pzn Puller; Portable Heater, Power-Broom/Buggy/Grinders, Pumps-Sin~ie Action 1 to $ znches/Gypsum/Double Action Diaphragm, Hand Trenching Machzne, Helding Machine. ~ Ba~ching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, rifugal up to ~ inches), Root Cutter, Stump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand on Hork Bca~. HAGES (per hour) 7/01/1999 Class "A" ............... $ 31.16~ ~Add $3.00 for Hazardous Haste Hork Class" B" ............... 29.q8~ ~Add $2.00 ~or Hazardous Haste Hork Class "C ' ............... 28.56~ ~Add $1.00 for Hazardous Haste Hork ' Class ' D ' ............... Z6.11 Class "E ~Cranes : Boom length over 100 f~ot add $ 0.50 p~r h~ur " " 150 " $ 0.75 ~ See ( D, 0 ) on OVERTIME PAGE. ~See ( 5. 6, 7, B, Il, i6 ) on HOLIDAY PAGE.~ ~mus-E~-~ork day before & day after, or receive 2 hours per intermittent day ~ See ( 5, 6, 7, 8, 11, 16 ) on HOLIDAY PAGE.~ APPRENTICE ........ $ 16.89 SUPPLEMENTAL BENEFITS: (per hour Horked) $ 2l.Oq Note Note: OVERTIME JOURNEYMAN $ 22.fi0 -- APPRENTICE $ l$.0q Note Note OVERTIHE APPRENTICE $ B.fiO 4-158 pOHER EQUIPMENT OPERATOR - Heavv/Hiahwav o~lt Spreader, Backhoe Cra~ler, Boiler, Boring Machine, Cherry tons). Concrete pum~, Crane, Derrick, Dra~lzne, Dredge, Gradall, Grader~ Hoist Loading Machzne (lO yds or more). Rilling Machine, Pile Driver, PoHer H~nch-Stone Set~ing/Structurai Steel/Truck MounteB, PoHerhouse, Road Paver, Scoop-Carryall-Scraper in Tandem, Shovel, Sideboom Tractor, S~one Spreader (Self Propelled), Tank Hork, Tower Crane Engineer,Track Alignment Page 20 Prevailing Ra~e Schedule New York S~e~e Depar±men~ of Labor .................................. Case Number .................................. 0005368 SUFFOLK 1999A Machine. CLASS "B": Backhoe, Boom Truck. Bulldozer, Boring Nachine/Auger, Cherry Picker, Conveyor-Multi, Dinky Locomotive> Fork Llf~, Hois~ (2 Drum), Loading Machine and Fron~ Loader. Hulch Hachine (Hachine fed), Power Hinches (Ail o~hers no~ included in CLASS A), Asphal~ Roller, Hydraulic Pump wi~h Boring Machine, Scoop, Carryall, Scraper. Main~. Man on Tower Crane, Trenching Machine, Vermeer Cu~er, Hork CLASS C : Curb Machzne, Mazn±enance Engzneer (Smai1 Equip. & Hell Point), d F%eld Mechanic, MilIing Machine (Smai1), Pulvi-Mixer, Pumps, Roiler (Dir~), Vac-All, Helding/Burning, Compressor (S~ruc~ural S~ee! ~ 2 or more in Ba±~ery), Concrete Finishzng Machzne, Concrete Spreader, Conveyor, Curing Machine~ Fireman, Hois~ (one drum), Ridge Cu~er, S~riping Machine, Helding Machzne (S±ruc~ural S~eel & Pile CLASS "D": Compressor (Pile~ Crane, S~ona Se±~ing), Concrete Breaker/Saw Cutter, Hork Li~ (HaIk Behznd, Power Opera,ed), Generator (Pile Hork), Hydra Hammer. Hand Opera~ed Mechanicai Compactors. Pin Puiler~ Portable Hea±er, Power-Broom/Buggy/Grinders, Pumps-Single Action 1 ~o 5 znches/Gypsum/Double Action Oiaphragm, Hand Trenching Machzne, Heiding Machine. Ciasa £ : Ba~chzng Plan~, Genera±or, Grinder, Mixer, Muiching Machine, Oiler, Pump (Centrifugal up ~o ~ inches), RoD± Cu~er, S±ump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibrator, Beckhand on Hork Boa±. Class" F ": Lead Tec TV Craw. Ciess" G ": He~ Ou~ Tec. Class "H ": Technician. HAGES (per hour) 7/01/199g Class" A" ............... ~Add $~.00 for Hazardous Has~e ~ork Class" B ' ............. 29.B2~ MAdd $2.00 ~or Hazardous Has~e Hork. Ciasa "C" ............. 28.~9~ ~Add $1.00 ~or Hazardous Has~e Hork. Class ' D ' ............. 26.~5 Class" E" ............. 25.52 Class" F" ............. 2B.lO Class "G I' ............. 28.10 Class ' H ' ............. 26.98 ~Cranes : Boom len~±h over 100 ~o~ a~d $ 0.50 p~r h~ur " " 150 $ 0.75 I' I' II I! 250 I' '! $ 1,00 '' I' " '! " l! 550 " " $ 1.50 " " NOTE: PREMIUM PAY 20% on s~raigh~ ~ima hours for NEH YORK STATE D.O.T. end o±her ~OVERNMENTAL MANBATEO off-shif~ work. OVERTIME PAY: Sea ( D, 0 ) cn OVERTIME PAGE. See ( 5, 6~ 8, 9, 10, 16 ) on Holiday Paga.~ ork day before & day after or receive 2 hfs per in~ermi~an~ day ~.yERTIME; See ( 5, 6, 8, g, 10, 16 ) on Overtime Page.~ ', Page 31 Prevailing Rate ScheduIe New York State Department of Labor .................................. Case Number .................................. 0003368 SUFFOLK 1999A APPRENTICE ........ $16.B9 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.Oq Note Note: OVERTIME JOURNEYMAN $ 22.q0 -- APPRENTICE $ 13.0q Note Note: OVERTIME APPRENTICE 8.40 4-138 MARINE CONSTRUCTION HAGES (per hour) Hydraulic Dredge: Class A: Leverman ............. Engineer{ Derrick Op. Chze~ MaTe on Dredge. Class C: Main±. Mate...~ng ........... 8oat Captain ......... Class O: Deckhand ............. Fireman, Oiler ....... Shoreman ............. Tug Boats: Class A: Tug Master ........... Tug Chief Engineer... Class C= Tug Cap~ain .......... Tug Engineer ......... Class D: Tug Deckhand ......... Dipper and Ciamshell Dredges: Class A: Operator ............. Engineer. Class C: Maint. Engineer ....... Mate ................. Boat Haster, HeIder.. Boa~ Captain ......... Class D: Oiler ................ Deckhand ............. 7/01/1999 10/01/1999 25.18 $ 25.78 22.34 22.61 22.01 22.28 21.83 22.07 20.35 20.57 20.50 20.72 16.58 16.74 17.23 17.39 16.58 16.74 22.69 23.09 21.10 21.47 22.69 23.09 21.10 21.63 16.80 16.96 25.64 26.26 22.83 23.12 21.83 22.07 20.35 20.57 21.49 21.74 20.50 20.72 17.23 17.39 16.80 i6.96 ~ See ( B, F, R ) on OVERTIME PAGE. See ( 5, 6, 8, 10, 15 ) on HOLIDAY PAGE. IME; See ( 5, 6, 8, 10, 15 ) on Overtime Page The ~olloHing SUPPLEMENTAL BENEFITS apply ~o ALL classifications of the above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. Page 32 Prevaiiing Ra±e Schedule New York S±a±e Oepartmen± of Labor .................................. Case Number .................................. 0003368 SUFFOLK 1999A SUPPLEMENTAL BENEFITS: All CiaSs A & B All Class C All CIass O (per hour worked) $ q.81 ~lus % of $ q.51 !us plus 8% of OVERTIME $ 0.80 EXTRA OVERTIME $ 0.65 EXTRA OVERTIME $ 0.50 EXTRA 4-25a MARINE N TRUCT 0 WAGES (per hour) Driii Boat: Class A: Engineer .......... Blaseer ........... Driller ........... Boa% Cap± ......... Ciass C: Weider/Machinis~.. Class D: Oiler/Helper ...... Oeckhand .......... Core Oriller ...... 16.41 16.56 7/01/1999 23.24 23.51 25.25 lg.3q 23.05 20.25 15.83 18.38 OVERTIME PAY: See ( B, P, R, ) on Over±ime Page. See ( 5, 6, 8, 10, 15') on Holiday Page IME: See ( 5, 6, 8, 10, 15 ) on Overtime SUPPLEMENTAL BENEFITS: Class A & B Class C Class D Overtime Benefits Time and one half A & B add ................ C add .................... D add .................... Double Time A & B add ................ C add .................... D add .................... 10/01/1999 23.54 Z3.81 23.55 19.53 23.30 20.q6 15.97 18.56 Helper ............ 'Page. (per hour worked) $ q.08 plus $ q.38 plus 8 of wage 8% of wage ,%.59 plus 3.79 plus wage 8% of wage $%3.11 plus $ 3.21 plus 8% of ~age 8% of wage $ 1.06 $ 1.21 0.82 0.92 0.58 0.63 $ 2.12 1.63 1.15 $ 2.q2 1.83 1.25 q-25/3 STA ,~E OF NE~/YORK DEPARTMENT OF LAROR s.~ RUREAU OF PUBLIC WORK STATE OFFICE I~UILDtNG CAMPUS REQUEST FOR WAGE AND SUPPLEMENT INFORMATION AS REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Submit this form for new schedules or for determination for additional occupations. Provide all information Requested Below SUBMI~/'ED BY: [-] CONTRACTING AGENCY [-[ PUBLIC WORK DISTRICT OFFICE DATE (CHECK ONE) [] ARCHITECT OR ENGINEERING FIRM A. pUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertaining to Contracting Agency) 1. Name and complete address (number, street, city or town, zip code) 2. [] N.Y. State Units [-107 City [] 01 DOT 1-108 Local School District [] 02 OGS [] 09 Spec/al Local District, i.e., [] 03 DORMITORY AUTHORITY Fire, Sewer, Water District [] 04 STATE UNIVERSITY [] 10 Village CONSTRUCTION FUND [] 11 TOWn []OS MENTAL HYGIENE [] 12 Count-/ FACILITIES CORP. [-I 13 Other Non-N.Y. State [] 06 OTHER N.Y. STATE UNIT (Describe) 3. SEND REPLY TO (NAME AND ADDRESS): 4. SERVICE REQUIRED. Check appropriate box and provide project information. [] New Schedule of Wages and Supplements. [ APPROXIMATE BID DATE [ [] Additional Occupation and/or Redetermination PRCNUMBERISSUEDPREVIOUSLYFOR I I OFEICEUSEONLY TELEPHONE: ( ) THIS PROSECT B. PROJECT PARTICULARS S. Project TITLE and/or description of work to be performed. 6. Location of Project: Include contract identification number, if applicable Location on SRe Route NO/Street AddreSS Village or City Town County 7. Nature of Project-Check One 8. OCCUPATION FOR PROJECT [] 1. NewBuilding [] Construction(Building, Heavy [] Guards, Watchmen [] 2. Addition to Existing Structure Highway~SewerAA/ater) [] Janitor~, porters, cleaners I-] 3. Heavyand HighwayConstruction (New and Repair) [] Tunnelling [] Moving furnitureand [:] 4. NewSewerorWatedine [] Residential equipment I-] S. Other New Construction (Explain) [] Landscape Maintenance [] Trash and refuse removal [] 6. Other Reconstruction, MaJntenanca, Repair or Aite(etion [] Elevator maintenance [] Window cleaners I-] 7. Demolition [] E~terminators, Fumigators I-I Other (Describe) [] g. BuildJngServiceContract g. NameandTitleof Requester Signature OFFICE USE ONLY ~1~ ~ignations ~1~ ~gnetions ii II II II II II ~ II ~ I~ ~ II I I I I I I I I I I I I I I I I I I i I i I I I I I I I I I I I I I I I I I I I I I ~ ~ ~ I I.I SEE OTHER SIDE FOR LAWS RELA11NG TO PUBLIC WORK CONTRACTS Pw-~g ~ I STATE OF NEW YORK '~Z~"~Y'~N~ ~'~ ' '~'~ REQUIREMENTS OF ARTICLE $ (Section 220-223) AND ARTICLE 9 (Section 230 - 239) OF THE NEW YORK STATE LABOR LAW PREVAILING RATE SCHEDULE: The Labor Law requires public work contractors and subcontractors to pay laborers, workers or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and to provide supplements (fringe benefits) in accordance with the prevailing practices in the locality where the work is performed. The Department of Jurisdiction awarding a public work contract MUST obtain a prevailing rate schedule from the Bureau of Public Work of the New York State Department of Labor listing the~hourly rates for the trades and occupations of the workers to be employed on the public work project. This schedule may be obtained by completing and forwarding the Request for Wage and Supplement Information on the reverse side hereof. The prevailing rate schedule MUST .be included in the specifications, for the contract to be awarded and is deemed part of the pubhc work contract. Upon the s~gning of the contract, the Department of JurisdictionMUST advise the Bureau of Public Work on a form supplied by the Bureau as to the name of the contractor to whom the contract was awarded, the date and the amount of the contract. A ~Department of Jurisdiction" includes a state department agency, board or commission; a coUnty, city, town or village; a school district, board of education or board of cooperative educational services; a sewer, water, fire, improvement and other district corporations, a public benefit corporation; and a public authority awarding a public work contract. WITHHOLDING OF PAYMENTS FROM CONTRACTORS: When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections g20-b and 235.2 of theLabor Law to so notify the financial officer of the Department of Jurisdiction that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau of Public Work as sufficient to satisfy the unpaid wages and supplements, includinginterest and any civilpenalty that may be assessed by the Com~ rnlsaioner of L~bor. The withholding continues until a final determination of the underpayment by the Commissioner of Labor or by the Court in the event a legal proceeding for review of the Commissioner of Labor's determination is instituted. The Department of Jurisdiction shall comply with an order of the Commissioner of Labor or of the Court with respect to the release of the funds so withheld. STATE OFNEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS BUILDING 12- ROOM 130 ALBANY, NEWYORK 12240 - Notice to ALL Contracting Agencies - Your attention is directed to the following Amendment to Article 8, Section 220(3-a) of the NYS Labor Law: Assembly Bill Number 1839, entitled: "AN ACT to amend the Labor Law, in relation to signs posted at public works projects" APPROVED: This bill amends section 220(3-a) of the Labor Law to set forth specific requirements for signs at public work locations listing all prevailing wages specified in the contract. /he bill mandates that such signs "be written in plain English and titled, in lettering no smaller than two inches in height and two inches in width," with the phrase "Prevailing Rate of Wages." The bill further require that the sign be weatherproof. The bill takes effect on March 6, 2000. Signed into law on September 7, 1999 ************************************************************************ Ensuring that workers receive the appropriate wage when working on public work projects is a core mission for the Department of Labor ("Department"). This bill will assist the Department in carrying out this mission by educating workers on public work projects as to the applicable wage and supplements for each project. On the reverse, please find the complete text of the Bill, which contains various other aspects of the law, which affect contracting agencies, contractors and sub- contractors working on public work projects. Text of New York State Bill A01839 STATE OF NEW YORK T~E PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE A~ ASSemBLY, DO ENACT ~ FOLLOWS: 1 Section 1. Paragraph a of su~ivision 3-a of section 220 of the lair 2 law. as a~nded by chapter 565 of the laws of 1997. is amended to read { ) is old law to be oe~itted _i 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 ne 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. Walking & Jogging Track M-1 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 the Owners 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 otherwise 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 Harmless 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 previsions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local ofthe Project being contracted bythe Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as the 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). Walking & Jogging Track M-2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: 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. 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 dudng 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. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any 6f his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities ara 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, ddnking 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 odgin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time pedods) he will obtain identical certifications fi'om 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 fonNard the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Walking & Jogging Track N-1 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Nonsegregated 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.SC. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) 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. (2) 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. (3) 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. (4) 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. (5) The contractor will fumish 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. (6) 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 part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 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 othem/ise provided by law. Walking & Jogging Track N-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: Provided, however, 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." FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reoorts and Other Reauired Information (a) Requirements for prime contractors and subcontractors. (1) 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 pdme 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 pdme centmctor 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 pdme centractoCs 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. Walking & Jogging Track N-3 1-12.805.4 Repor[s and Other Reauired Information lb) Requirements for bidders or prospective contractors. (1) (2) (3) 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: "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 ara 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 pdor to award. 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 covedng the delinquent period or such other pedod specified bylthe agency or the. Director. A bidder or prospective pdme contractor or proposed subcontractor shall be mcluired to submit such information as the agency or the Director requests pdor 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 beth, 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. Walking & Jogging Track' N-4' ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENTSTANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.$.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 construction 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 8 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 1-1/2 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, re 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. Walking & Jogging Track N-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and pdces. 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 subgrants 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 control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and subgrants 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 subgrantee 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 subgrantes and to assure that suspected or reported violations are promptly investigated. Walking & Jogging Track N-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 supplements not less than the prevailing supplements as determined by the fiscal officer. 4 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 m~y be, foi- the vadous 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 pdor to using any apprenti?e on the contract work. Section 220-e which requires previsions by which the contractor with the State or municipality agrees: la) That in the hidng 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 odgin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; lb) 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 odgin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); lc) 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; Walking & Jogging Track N-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 previsions 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 Govemor 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 ara 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. Walking & Jogging Track N-8 SPECIFICATIONS CONS TRUCT I ON OF A WALKING & JOGGING TRACK Peconic Lane Park Peconic Lane Peconic, New York 11958 DATED: MARCH 21, 2000 ~J~.~~I SOUTHOLD TOWN ENGINEERING DEPARTMENT Southold Town Hall, Southold~ New York DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: The work in this project includes the removal of all topsoil material as directed by the Town and the preparation of all sub-grade materials to remain. The sub-base shall consist of loam, sand and additional bank run material as needed to meet the required grades. All excess materials generated by this project can be placed in a designated area of the site for removal by the Town Highway Department. The work in this project includes the construction of an Asphalt walking & jogging track as deta~ed in the plans and specifications contained herein. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and 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 therefrom. This contract includes all site work necessary for the completion of work, including but not limited to the final grading of the areas immediately adjacent to each side of the proposed track, including topsoil & seeding. The contractor shall obtain and pay for all applicable fees and charges not specifically excluded from this contract. The project shall be divided into two separate items. The Construction of the Asphalt Track and all Site Work shall be ITEM # 1. The installation of the Cast-in-place Synthetic Track Surface Materials shall be ITEM # 2. 1.02 WORK BY OTHERS The following will be provided by other: 1. The Owner will provide and pay for the following: A. All related permits. END OF SECTION Walking & Jogging Track 1010-1 Section 1500 - CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 1.01 1.02 UTILITIES A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades during construction and shall pay for all electrical power used. B. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and ventilation during construction to prevent freezing of materials, reasonable comfort for the workmen, and proper conditioning for installing finish materials. C. TEMPORARY WATER: The Contractor shall provide a temporary potable water supply for all trades during the construction period. D. TEMPORARY SANITARY FACILiTiES: The Contractor shall provide and maintain temporary toilets in accordance with local health ordinances. BARRIERS . - A. Barricades shall be provided around all excavations and other hazardous areas dudng construction and shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION Walking & Jogging Track 1500-1 DIVISION TWO - SlTEWORK All work in this Division shall comply with all particulars of the General Conditions, Supplementary General conditions and the General requirements of these specifications. Section 2100 - SITE PREPARATION Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall include the entire site. B. Related Work Specified Elsewhere: 1. Earthwork 2200 1.02 MEASUREMENT & PAYMENT: A. Quantities shall not be measured and payment shall be at the contrac~ lump sum price as indicated on the bid for construction. Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION: A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 STRIPPING: A. Strip top-soil for its entire depth from areas to be covered by improvements and where cuts or fills are required. Test holes indicate approximately sixteen (16") inches of topsoil and eighteen inches of loam over sand and gravel Test hole was approximately 6' deep and no water was encountered. B. Stockpile top-soil in designated or approved locations as directed by the Town. C. Notify the Architect when stripping operations have been completed, so that he may examine the condition of the exposed sub-surface soils before any further work proceeds. 3.03 DISPOSAL: A. All excess soil materials generated from excavations at the site shall be stockpiled on site in an approved location designated by the Town. This material shall be removed by Town Highway Personnel at no cost to the Contractor. Walking & Jogging Track 2100-1 All construction debris generated at the site shal~ be removed by the contractor. Burning of material on the site will not be permitted. Removal of construction Debris: 1. Material to be removed shall be removed from the site daily as it accumulates. 2. Should the Contractor elect to continue work beyond normal working hours, material to be removed shall not be allowed to accumulate for more than 48 hours. Dumping: 1. Construction & Demolition material generated by this project may be dumped at the Southold Town Transfer Station at no cost to the Contractor. END OF SECTION Walking & Jogging Track 2100-2 Section 2200 - EARTHWORK Part 1 GENERAL 1.01 DESCRIPTION: A. Provide earthwork in all areas of the track location to obtain required finish elevations. Earthwork includes, but is not limited to: 1. Preparation of sub-grade for Asphalt Pavement. 2. Excavation of unsuitable material to be replace with controlled fill material. Limit of work under this contract shall include the entire site. Related Work Specified Elsewhere: 1. Site Preparation 2100 1.02 QUALITY ASSURANCE: A. Code and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.03 JOB CONDITIONS: A. Protection of Persons and Property: 1. Barricade open excavations occurring as part of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. Part 2 - PRODUCTS 2.01 SOIL MATERIALS: A. Definitions: 1. Satisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes, as GW, GP, GM, SW, SP, SM, & SC with no more than 20 percent by weight finer than No. 200 sieve. 2. Unsatisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposed, as ML, CL, OL, MH, CH, OH, & PT and those soils classified as satisfactory which do not meet the gradation requirements specified above. Walking & Jogging Track 2200-1 Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. Part 3 - EXECUTION 3.01 EXCAVATION: A. Excavation consists of the removal of Top-Soil and disposal of material encountered when establishing required finish grade elevations. Topsoil encountered is approximately sixteen (16") inches in depth. B. Unauthorized excavation consists of removal of materials beyond indicated sub-grade elevations or dimen.sions with.out specific direction of the Architect. Unauthorized excavation, as well as remedial work directed by the Architect shall be at the Contractor's expense. 3.02 COMPACTION: A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentage of maximum dry density for soils which exhibit a well-defined moisture density relationship determined in accordance with ASTM D 698; and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture density relationship. Paved Areas: Compact top 12" of sub-grade and each layer of backfill or fill material at 95% maximum dry density. 3.03 3.04 BACKFILL AND FILL: A. Place acceptable soil material in layers to required sub-grade elevations, for each area classification listed below. 1. Under Asphalt Surfaces, use satisfactory excavated borrow material. 2. The Contractor shall coordinate final elevations with the Architect to provide natural sloping grades that allow proper drainage of the track. GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. Walking & Jogging Track 2200-2 3.05 All rough and final grading on each side of the proposed track shall be the responsibility of the contractor, All slopes and shoulder areas shall be uniformely graded and finished with topsoil and seed, DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debris may be disposed of, by the Contractor, at the Southold Town Transfer Station at no cost to the Contractor. END OF SECTION Walking & Jogging Track 2200-3 Section 2500 - PAVING & SURFACING Part 1 1.01 1.02 1.03 Part 2 2.01 2.02 2.03 - GENERAL DESCRIPTION: A. Provide all Asphalt Pavement as shown. Limits of work under this contract shall include the entire site. B. Related work specified elsewhere: 1. Excavation 2200 2. Synthetic Track Surface 2900 QUALITY ASSURANCE: A. Qualifications of Asphalt Concrete Producer: use only materials which are furnished by a bulk asphalt concrete producer regularly engaged in production of hot-mix, hot-laid asphalt concrete. Requirements of Regulatory Agencies: Comply with all applicable _ _ requirements of the Town of Southold Highway Specifications. ENVIRONMENTAL CONDITIONS: A. Do not apply asphalt product when the base surface is wet or contains an excess of moisture which would prevent uniform distribution of materials. B. Construct asphalt concrete surface course only when the temperature is above 40 degrees F., and the underlying base is dry. PRODUCTS Sub-Base Course: A. The sub-base course shall consist of existing loam & sand found at the site as well as additional bank run material as needed to achieve required elevations. RCA Base Course: A. The base course shall consist of three-fourths-inch Recycled Concrete Aggegrate blend. The coarse aggregate shall consist of crushed stone & concrete and the fine aggregate and shall meet the minimum requirements of the New York State Department of Transportation specifications for stone blend. Asphalt Concrete Paving Materials: A. All asphalt materials shall meet the minimum requirements listed in the Town of Southold Code Section A-108 and as listed in the Specifications herein. Walking & Jogging Track 2500-1 B. The Asphalt Binder Course: shall be two and one-half (2 ~) inches in compacted depth. The material shall be local sand and gravel pit run, passing the three-fourths-inch screen with filler added. The filler material shall be local fine sand. The combined materials shall show the following composition: (1) Passing the three-fourths-inch square sieve: one hundred percent (100%). (2) Passing the No. 4 sieve: seventy-five percent (75%) to ninety percent (90%). (3) Passing the No. 10 sieve: fifty percent (50%) to seventy-five percent (75%). (4) Passing the No. 40 sieve: twenty-five percent (25%) to fifty percent (50%). (5) Passing the No. 80 sieve: twelve percent (12%) to twenty percent (20%). (6) Passing the No. 100 sieve: four percent (4%) to twelve percent (12%). (7) Asphalt cement grade AC-20: six percent (6%) to eight percent (8%). (8) Temperature range placing: two hundred twenty-five degrees (225°) to two hundred seventy-five degrees Fahrenheit (275° F.). The Asphalt Wearing Course: The wearing course shall be one and one-half (1 ~) inches in compacted depth. The coarse aggregate shall consist of crushed stone, the fine aggregate sand and mineral filler. The mineral filler shall consist of limestone dust, cement or silica sand. The combined materials shall have the following composition: General Limits Job Mix Screen (percent (pement Sizes passage) passage) 1 inch 100 0 % inch 95 - 100 + 5 1/4 inch 65 - 85 + 7 1/8 inch 32 - 65 + 7 20 15 - 39 + 7 40 7 - 25 + 7 80 2-12 +4 200 2 - 6 + 2 % asphalt cement 5.8 - 7.0 + 0.4 grade AC-20 Part 3 EXECUTION 3.01 PAVING: A. Paving shall be in accordance with Section A-108 of the Southold Town Code Highway Specifications and as specified herein. Walking & Jogging Track 2500-2 Sub-base: 1. The sub-base course shall consist of loam, sand and additional bank run material as needed and shall be compacted to a minimum twelve-inch depth. If clay or other unsuitable material is found below the sub-base, it shall be removed and replaced with additional bank-run material for a total compacted depth of twenty four (24) inches. Bank-run material shall contain a minimum of fifteen percent (15%) gravel. 2. The soil base shall be compacted to the satisfaction of the Engineer and shall be smooth, parallel to and at the required depth below the base course. The soil base shall not be in a muddy or frozen condition before placing base course material. The base course material shall be deposited on the prepared grade by means of dump truck, spreader, tailgate or other approved methods of deposition. Spreading the base course material shall be done by approved spreading equipment. After the loose material has been spread evenly so that it will have the required thickness after compaction, correct grade for succeeding courses, segregation of any large or fine particles corrected, it shall be rolled with approved rollers weighing not less than ten (10) tons. Rolling must begin at the sides and continue toward the center and shall continue until there is no movement of the course ahead of the roller. A minimum of four (4) passes of rollers will be required. Approved vibrato~ rollers may be used at the option of the contractor. Where the use of a roller is impractical, approved vibrating plate compactors or impact rammers shall be used to compact the base material. 3. Upon the completion of the base course, the contractor shall request an inspection by the Engineer or Inspector and shall not proceed with further work until such inspection has been made and the work approved. RCA Stone Blend Base Course: 1. The base course shall consist of three-fourths-inch crushed concrete compacted to a four-inch depth. If clay or other unsuitable material is found below the base course, it shall be removed and replaced with twelve (12) inches of compacted bank run containing fifteen percent (15%) or more of gravel. The twelve-inch replacement depth may be modified according to existing conditions as approved by the Engineer. Upon the completion of the base course, the contractor shall request an inspection by the Engineer and shall not proceed with further work until such inspection has been made and the work approved. Walking & Jogging Track 2500-3 Section 2800 - SITE GRADING AND SEEDING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide finish grading, liming, fertilizing and seeding for all areas disturbed by construction activities. Limits of work under this contract shall include the Shoulder areas and as specified herein. B. Related work specified elsewhere: 1. Site Preparation 2100 2. Earthwork 2200 1.02 PRODUCT DELIVERY, HANDLING & STORAGE: A. All seed materials shall be delivered to the job site in unopened containers and shall be protected from moisture. Part 1 - PRODUCTS 2.01 MATERIALS: A. Topsoil shall be that which was stockpiled, free of stones, lumps, live plants, roots and other extraneous matter. Contractor shall provide additional topsoil as necessary. It shall be fertile, agricultural soil capable of sustaining vigorous plant growth and free of subsoil. B. Ground limestone shall have the following analysis: at least fifty (50%) percent shall pass a 200 mesh sieve, at least seventy (70%) percent shall pass a 100 mesh sieve, and one hundred (100%) percent shall pass a 10 mesh sieve. Total carbonates shall not be less than eighty (80%) percent of 44.8% calcium oxide equivalent, for purposes of calculation, total carbonates shall be considered as calcium carbonate. C. Commemial fertilizer shall have the following composition by weight: nitrogen, ten (10%) percent, phosphoric acid (P205), twenty (20%) pement, potash, ten (10%) percent. The nitrogen shall be thirty (30%) percent minimum (from animal sources, e.g. tankage) and seventy (70%) percent inorganic max. D. Grass seed shall be fresh, recleaned seed of the latest crop, consisting of the mixture specified in conformity with the following standards of seed content. The tolerance for germination shall be those called official and tabulated by the U.S. Department of Agriculture. Seeding shall be performed at a rate of Sixty (60) pounds Per each 10,000 S.F. The seed mixture shall be as follows: 1. 60 % Merit Kentucky Bluegrass 2. 20 % Aurora Fine Fescue 3. 20 % Manhattan II Perennial Ryegrass of approved equal Walking & Jogging Track 2800-1 Part 3 - EXECUTION 3.01 GRADING OF SHOULDER AREAS: A. The Contractor shall grade each side of the proposed track to provide adequate drainage and uniform slopes. 3.02 PREPARATION: A. Topsoil shall be evenly spread over all lawn areas at a minimum thickness of four (4") inches and brought to finish grades with allowance for settlement. B. Lime shall be applied at a uniform rate to bring the soil to a Ph of (6.5). C. Fretilizer shall be applied at the rate of two hundred fifty (250) pounds per each 10,000 S.F. and throughly worked into the topsoil. D. Areas shall be firmed by use of a light roller and pro-emergent weed control shall be applied to the aroa in accordance with the manufacturer's recommendations. E. Finished surfaces shall be raked smooth and even, ready for seeding. 3.03 INSTALLATION: A. Broadcast seed at the rate of 60 pounds per each 10,000 square foot of area in a uniform manner. Sow half of the seed in one direction and the sow the other half in a direction at ninety degrees to the first sowing. B. After sowing, rake seed lightly into soil to a depth of not more than 1/4 inch and then compact sown areas with a light weight roller. C. Immediately after seeding, barricade seeded areas to prevent trespassing. D. Sprinkle with fine spray for 30 days as necessary. END OF SECTION Walking & Jogging Track 2800-2 Section 2900 - SYNTHETIC TRACK SURFACE Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide a cast-in-place synthetic track surface that is a durable, resilient, textured all-weather surface. B. POLYFLEX Structural Spray is a cast-in-place synthetic track surface of permeable design consisting of a polyurethane bound black rubber base mat with a spray applied structural coating of polyurethane pigmented EPDM rubber granules. C. Related work specified elsewhere: 1. Paving & Surfacing 2500 Part 2 - PRODUCTS 2.01 MATERIALS: A. Primer- Polyurethane-based primers specifically formulated to be compatible with the base and track surfacing materials. B. Base Mat Granulate - recycled SBR rubber;, chopped, processed and graded to 1-3mm in size with not less than 4% retained on a # 50 sieve, with no trace of fiber or steel. C. EPDM Ser~¥ Granulate - Synthetic pigmented EPDM rubber; chopped, processed and graded to 0.5 - 1.5mm in size. Granules shall be the same color as requested by the Town of Southold for the finished surface. D. Polyurethane Base Mat Binding Agent - Single component, MDI based polyurethane binder, mixed with both SBR or EPDM rubber granulate. E. Polyurethane Structural Soray Coating Binder - a two (2) component system consisting of a singly component MDI based polyurethane binder, mixed with a polyurethane based color paste. Color shall be as selected by the Town of Southold from the full range of color available. Part 3 - EXECUTION 3.01 SURFACE PREPARATION: Prior to the application of the synthetic track surface, the asphaltic base shall be inspected for conformity to planarity requirements. The surface shall not deviate more than 1/8" in ten feet from the specified grade when checked with a 10 foot straight edge. 3.02 CURING: The asphaltic concrete base shall be allowed to cure a minimum of 14 days prior to placement of the synthetic surface. Walking & Jogging Track 2900-1 3.03 3.04 3.05 3.06 CLEANING: The area to be surfaced shall be clean and free of any loose or foreign particles prior to the commencement of the work. This shall include but not be limited to dirt, oil, grease, etc.. PRIMING: A polyurethane base primer shall be used when and if certain climatic conditions exist at the time of application. This primer is specifically formulated to be compatible with the base and track surfacing materials. Allow 30 minutes for a cure time before applying the synthetic base mat. BASE MAT: The base mat shall consist of a mixture of polyurethane binder and SBR or optional EPDM rubber granules. The mixing ratio shall be a minimum of 20% polyurethane binder as determined by the overall weight of the rubber granules per mix. The mixture shall be prepared in a clean and dry mechanical mixer until a homogeneous mixture is obtained. The blended materials shall be applied by a mechanically operated finisher with an electronically heated finishing screed bar. All joint work shall be troweled flush with the adjacent base mat. Cured joints shall have their edges primed with the base mat binding agent prior to the application of the adjacent base mat, STRUCTURAL SPRAY COATING: After the initial cure is complete, the base mat shall receive two (2) coats of structural spray consisting of approximately 60% pigmented polyurethane structural spray binder and 40% pigmented EPDM structural spray rubber granulate. Structural spray shall be applied in two (2) coats so as to achieve a uniform application. The color of the spray coating shall be as selected by the Town of Southold from the full range of color available. END OF SECTION Walking & Jogging Track 2900-2 ELIZABETH A. NEVILLE TOWN CLERK REGISTB. A~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFO ,P~TION 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 November 9, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Corazzini Asphalt Inc. Cox Ln Box 1281 Cutcho .gue NY 11935 Dear Sirs: Enclosed herewith is your certified check no. 11074 in the amount of $5655.00 that you submitted with your bid for the Walking and Jogging Track and Roller Hockey Rink at Peconic Lane Park. This office has been informed that the work has been completed according to the plans and spe, cifications and that your check may be returned to you. Thank you. Very truly yom-s,. Linda J. Cooper Deputy Town Clerk Enclosure JAMES C. McMAHON Administrator Telephone (631) 765-1892 Fax (631) 765-1366 TOWN OF SOUTHOLD COMMUNITY DEVELOPMENT OFFICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 October 24, 2001 Ms. Linda Cooper Southold Town Clerk's Office Town Hall Southold, New York 11971 Dear Linda: I have inspected the Walking & Jogging Track and the Roller Hockey Rink at Peconic Lane Park and both facilities have been completed according to the plans and specifications, as prepared by James Richter, RA. If you have any questions or need any additional information on the above, please give me a call. Silcer~ly' <z2~j~ McMah~-~n Town of Southold Community Development Office 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 31, 2000 CERTIFIED MAIL REI~URH. RECEIPT REQUESTED Paul Corazzini Jr. & Sons, 3120 Albertson Lane Greenport, New York 119qq Dear Mr. Corazzini: The bid for the "Construction of the Walking & Jogging Track" was awarded to Corazzini Asphalt, Inc. Your certified check in the amount of $5,515.00 is enclosed herewith. My apologies for the delay in returning your check. Thank you for submitting your bid. Very truly yours. · ' E~ N'eV Ire~ Southold Town Clerk ~ AGREEMENT THIS AGREEMENT, made this ~,~,~,~,~,~,~,~,~)~ day of May, 2000, between the TOWN OF SOUTHOLD, a municipal corporation of the state of New York, having its office and principal place of business at 53095 Main Road, Southold, New York 11971, hereinafter called the "Town" and Corazzini Asphalt, Inc., hereinafter called the "Contractor". WHEREAS, the Town of Southold did heretofore request and receive a proposal from the Contractor to perform all the work required to construct an asphalt walking and running track, at the Peconic Lane Park, Peconic Lane, Peconic, New York 11958, in the amount of Thirty-Three Thousand Five Hundred Dollars ($33,500.00) and WHEREAS, the Town of Southold accepted the proposal of the Contractor on the May 23, 2000 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Contractor does hereby agree to perform all the work required to perform, construct, complete the asphalt walking and running track (Item #1 exclusively) to serve the Town of Southold, Peconic Lane Park, located at Peconic Lane, Peconic, New York 11958, in accordance with the certified plans, specifications, contractor's proposal and all conditions set forth in the documents entitled "Invitation to Bidders: Construction of a Walking & Jogging Track" dated March 21, 2000, which are annexed hereto and made part of this contract. 2. The Town does hereby agree to pay the Contractor for the work, the total sum of Thirty-Three Thousand Five Hundred Dollars ($33,500.00) the total sum to paid to the Contractor for the performance and installation of the Walking & Jogging Track within thirty (30) days of the completion of said work and the acceptance thereof by the Town. 3. It is hereby understood and agreed by and between the parties hereto that the funds for performance of the work provided for herein are provided in total by the Town of Southold and that accordingly, the Contractor does hereby agree to comply with all of the requirements as described in the "Specifications: Construction of a Walking & Jogging Track". The Contractor shall secure and maintain such insurance that will protect him/her from claims under the Worker's Compensation Acts and from claims for bodily injury, death or property damage which may arise from the performance of his services under this Agreement, in limits of $1,000,000 and $2,000,000 aggregate liability for bodily injury and property damage. The Contractor shall indemnify and hold harmless the town from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the alleged negligent performance or negligent performance by the Contractor, his employees or agents or any subcontractor and in case of any such action brought against the Town, the Contractor shall immediately take charge of and defend the same at his own cost and expense. In addition, the Contractor will name the Town as an additional insured on any applicable policies. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Town of Southold Je~J W. Cochran, Supervisor Presi~lent Corrizini Asphalt C 3 ELIZABETH A. NEVILLE TOWN CLERK REGIST1LAR 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MAY 23. 2000: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to sign an Agreement between the Town of Southold and Corazzini Asphalt, Inc. for the furnishing of all of the labor, materials and equipment for the construction of the Walking F, Jogging Track at Peconic Lane Park, in the amount of 33,500.00, in accordance with the plans and specifications prepared by James A. Richter, R.A. and subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk May 23, 2000 ELIZABETH A. NEVILLE TOWN CLERK REGISTHAR 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETINC OF THE SOUTHOLD TOWN BOARD HELD ON ON MAY 23, 2000: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt, Inc., in the amount of $33,500.00 for furnishing all of the labor, materials and equipment for the construction of the Walking & Jogging Track at the Peconic Lane Park, Peconlc, New York, in accordance with the Drawings and Specifications prepared by James A. Richter, R.A. Elizabeth A. Neville Southold Town Clerk May 23, 2000 ELIZABETH A. NEVILLE TOWN CLERK REGISTtLkR 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID ON WALKING & JOGGING TRACK BID OPENING: 10:00 AM, THUSDAY, MAY 18, 2000 TWO (2) BIDS WERE RECEIVED: Corazzini Asphalt Inc. Box 128I Cox Lane Cutchogue, New York 11935 Item 1 Item2 $33,500.00 $79,600.00 Paul Corazzini Jr. & Sons Inc. 3120 Albertson Lane Greenport, New York 11944 Item 1 Item2 $39,300.00 $71,000.00 INVITATION TO BIDDERS: CONSTRUCTION OF A WALKING & JOGGING TRACK Peconic Lane Park Peconic Lane Peconic, New York 11958 DATED: MARCH 21, 2000 ~'~ /I/1'-~ /I III ENGINEERING DEPARTMENT! INVITATION TO BID PROJECT: WALKING & JOGGING TRACK - Peconic Lane Park Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of the Walking & Jogging Track @ Peconic Lane Park, Peconic Lane, Peconic, New York 11958, in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York 11971. The proposal form will consist of individual construction items of work specified and detailed in the contract documents. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, NewYork 11971, until 10 AM, Thursday, Yl~'f I~ ,2000. All specifications are provided herein: drawings 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 for45 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. Please advise if you intend to bid or not. Dated: IIi ~ BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Walking & Jogging Track 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. Proposal forms shall include two (2) separate items. Item #1 shall include ail site preparation and construction for the placement of the asphalt track including the final grading and seeding of the site construction area. Item #2 shall be for the installation of the Cast-in-place Synthetic Track Surface system as specified by Section 2900 of the construction specifications contained herein. The Town of Southold reserves the right to select bid Item #1 only or bid items #1 & #2 together. 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, 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 judgement, 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. Walking & Jogging Track B-1 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. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there 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 (Stipulated Sum)". 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. 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. Walking & Jogging Track 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 interlineation, 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 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 one hundred twenty (120) working days. Walking & Jogging Track B-3 INDEX TO SPECIFICATIONS: BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form Statement of Non-Collusion N.Y,S. Affirmative Action Certification AIA Bid Bond A - 1 through A - 1 B - 1 through B - 3 C - 1 through C - 1 D - 1 through D ~ 2 E-lthrough E-1 F-lthrough F-1 AIA Document # A310 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept. of Labor Regulations AIA Document # A201 H - 1 through H - 2 K - 1 through K- 1 L - 1 through L - xx M - 1 through M - 2 N - 1 through N -8 DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Construction Facilities & Temporary Controls 1010- 1 through 1010- 1 1500 - 1 through 1500 - 1 DIVISION TWO - SITE WORK Site Preparation Earthwork Paving & Surfacing Site Grading & Seeding Synthetic Track Surface 2100 - 1 through 2100 - 2 2200 - 1 through 2200 - 3 2500 - 1 through 2500 - 4 2800 - 1 through 2800 - 2 2900 - 1 through 2900 - 2 INDEX TO DRAWINGS: (SEE ATTACHED) SP - 1 SITE PLAN Walking & Jogging Track C-1 PROPOSAL FORM NAME Of BIDDER: DATE: Tel: 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 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: MARCH 21, 2000, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgment 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: WALKING & JOGGING TRACK - Peconic Lane Park PECONIC LANE, PECONIC, NEW YORK 11958 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, Southold, New York 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: ITEM #: I - This item will include all of the work for the construction of the asphalt track as detailed by the plans and specifications contained herein; and any other reasonably inferred items required to complete the items referenced herein and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: '('Writter~ in words) - (written in numbers) Walking & Jogging Track D-1 PROPOSAL FORM - Cont. ITEM #: 2 - This item will include the application of the synthetic track surface as detailed by the plans and specifications contained herein; and any other reasonably inferred items required to complete the synthetic surfacing of the track and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (written in {vords) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fait or neglect to enter into a Contract pursuant to such proposal and to the requirements o~ 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 thjj~ proposal or by mutual agreement may extend this time Date ..5-//4/.~ ~' Business Address: Walking & Jogging Track 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. 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. 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 Resolved that (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be WALKING & JOGGING TRACK - Peconic Lane Park Peconic Lane, Peconic, NewYork 11958 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 mis- 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, t965 Ch. 75t, Sec. t03-d, ~s amended effective September t, t965 Walking & Jogging Track OTJUDrlI*I B. WURTZ Y PUBLP.,, ~late d I~# Y~ · 478713~, ~ 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. I intend to use the following listed construction trades "T'" J in the w~)rk under the contract_ ; 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 the 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, I will obtain from each of,F~ub¢ )~/r~ctors an~submit to the contracting or administering agenc~y pyfg,"to the waj~d of arj~subcontractor under this contract the subcontractor.~~Ui~ /b~y/id Conditions. (Si~l~fature of Autho Zed R~:)resentative of Bidder) / Walking & Jogging Track F-I THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, as Principal, hereinafter called the Principal, and that we a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obi)gee, hereinafter called the Obi)gee, in the sum of Dollars ($ ), 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, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the Obllsee shall accept the bki of the Principal and the Principal shall enter into a Contract with the Obltsee In accordance with the terms of such bid, and $ive such bcmd or bo~ds as may be specified in the bkidin8 or Contract Document1 with 8ood and suffident surety for the faithful performance of such Contract and for the prompt pWmtmt of labor and material furnished in the prosecution thereof, or in the .event of the failuee of the Principal to enter such Contract and 81ye such bond or bonds, If the Principal shall pay to the Oblis~e the difference not to exceed the panalef hereof between the amount specified in saki bid and such larser amount for which the Obll~ee~may in 8ood faith contract with &nother party to perform the Work covered by said bid, then this oblts~tion shall be null and void, othe~vise to remain in full force and effect Signed and sealed this day of 19 (~Vitness) (Principal) (Title) (Seal) (Wi(ness) (Suroh/) · · (Title) (Seal) MA DOCUMENT A31a · BIO ~OND · AIA e · FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N.Y. AV~., N.W., WASHINGTON, O. INVITATION TO BIDDERS: CONSTRUCTION OF A WALKING & JOGGING TRACK Peconic Lane Park Peconic Lane Peconic, New York 11958 DATED: MARCH 21, 2000 J(--~11~l ~1[ ~xl SOUTHOLD TOWN ~'% /I/I--~ /I III ENG~EP--~TMENT INVITATION TO BID PROJECT: WALKING & JOGGING TRACK- Peconic Lane Park Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of the Walking & Jogging Track @ Peconic Lane Park, Peconic Lane, Peconic, New York 11958, in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York 11971. The proposal form will consist of individual construction items of work specified and detailed in the contract documents. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, NewYork 11971, until 10 AM, Thursday, FIP,'f IE, ,2000. All specifications are provided herein: drawings to be attached. A fee often 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. Please advise if you intend to bid or not. Dated: t~¢1~11- BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Walking & Jogging Track 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. Proposal forms shall include two (2) separate items. Item #1 shall include all site preparation and construction for the placement of the asphalt track including the final grading and seeding of the site construction area. Item #2 shall be for the installation of the Cast-in-place Synthetic Track Surface system as specified by section 2900 of the construction specifications contained herein. The Town of Southold reserves the right to select bid Item #1 only or bid items #1 & #2 together. 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, 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 judgement, 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. Walking & Jogging Track B-1 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. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CQNTRACT 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 (Stipulated Sum)". 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. 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. Walking & Jogging Track 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 interlineation, 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 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 one hundred twenty (120) working days. Walking & Jogging Track B-3 INDEX TO SPECIFICATIONS: BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form Statement of Non-Collusion NY.S Affirmative Action Certification AIA Bid Bond A - 1 through A - 1 B - 1 through B - 3 C- I through C- 1 D - 1 through D - 2 E-lthrough E-1 F-lthrough F-1 AIA Document # A310 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept. of Labor Regulations AIA Document # A201 H - 1 through H - 2 K- 1 through K - 1 L - 1 through L - xx M - 1 through M - 2 N - 1 through N -8 DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Construction Facilities & Temporary Controls 1010- 1 through 1010- 1 1500- 1 through 1500- 1 DIVISION TWO - SITE WORK Site Preparation Earthwork Paving & Surfacing Site Grading & Seeding Synthetic Track Surface 2100- 1 through 2100- 2 2200 - 1 through 2200 - 3 2500 - 1 through 2500 - 4 2800 - 1 through 2800 - 2 2900 - 1 through 2900 - 2 INDEX TO DRAWINGS: SP - 1 SITE PLAN fSEE ATTACHED) Walking & Jogging Track C-1 PROPOSAL FORM NAME OF BIDDER: Tel: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 MEMBERS OFTHEBOARD: 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: MARCH 2t, 2000, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgment 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: WALKING & JOGGING TRACK - Peconic Lane Park PECONIC LANE, PECONIC, NEW YORK 11958 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, Southold, New York 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in furl payment thereof as listed below: ITEM #: 1 - This item will include all of the work for the construction of the asphalt track as detailed by the plans and specifications contained herein; and any other reasonably inferred items required to complete the items referenced herein and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (wr, ilten in words) (written in,humbers) Walking & Jogging Track D-1 PROPOSAL FORM - Cont. ITEM #: 2 - This item will include the application of the synthetic track surface as detailed by the plans and specifications contained herein; and any other reasonably inferred items required to complete the synthetic surfacing of the track and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (written in n~mbers) 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 o~ 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. Signature of Bidder: Date: Business Address: Walking & Jogging Track 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. 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 pdor 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. 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) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be WALKING & JOGGING TRACK - Peconic Lane Park Peconic Lane, Peconic, NewYork 11958 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 mis- 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. 1(]3-d, as amended effective September 1, t965 Walking & Jogging Track 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. I intend to use the following listed construction trades in the work under the contract_ ; 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 the 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, I will obtain from each of my 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) Walking & Jogging Track F-1 ( THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obi)gee, hereinafter called the Obi)gee, in the sum of Dollars ($ ), 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, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the OblIRen shall accept the bid ol the Ptinctpal and the Principal shall enter into a Contract with the Obllsee In accordance with the terms of such bid, and save such bond or bonds as may be specified in the blddlnS Or Co~tract DocumenU with 8ood and w~cleflt surely for the laithlul peeformance 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 ~ive such bond or bonds, If the Principal shall pay to the ObliR~e the dlffefenco not to exceed the penalty hereof between the amount specified in said bid and such larser amount for which the Obll~en~may in 8ood faith contract with another pa~y to pedorrn the Wodc covered by said bid, then this obllsition shall be null and ~oid, otherwise to remain in full force and effect. Sisned and sealed this day of 19 (~/itness) fPrincipal) (Seal) (Title) fSurely) (Seal) (Wlmess) (Title) AIA OOCUMENT A.11! · IlO IONO · AIA O · FESRUARY 1970 ED · THE AMERICAN 1 $10.00 Non-refundable Fee for Bid Specifications BID ON WALKING & JOGGING TRACK e TASKER PARK BID OPENING DATE: 10:00 A.M.. THURSDAY. MAY~I~ 2000 Company Name S Contact Person Address Telephone & Fax Numbers 5/~1. Corazzini Asphalt, 5/16 2. Paul Corazzini, Jr. Inc., Box 1281, Cox Ln.,Cutchogue NY 11935 734-5600 & Sons, 3120 Albertson Lane, Greenport. Phone 765-2012 fax 765-5510 o o 10. 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 furnishing all labor, materials and equipment as required for the construction of a Walking & Jogging Track at Peconlc Lane Park, Peconic Lane, Peconic, New York, all in accordance with specifications prepared by James A. Richter. R.A. Specifications may be obtained at the Office of the Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York, upon payment of a $10.00 non-refundable fee. The sealed bids, together with Non-Collusive Bid Certificate will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, N.Y., until 10:00 A.M., Thursday, May 18, 2000, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any and all informalities in any bid and retain bids for ti5 days from the date of receipt should it be deemed in the best interest of the Town of Southold to do so. The contractor may not withdraw his bid during this period. Performance and payment bonds in the amount of 100% of the contract price will be required of the successful bidder. All bids must be signed and sealed in envelopes plainly marked "Bid on Construction of Walking & Jogging Track - Peconlc Lane Park", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. This invitation to bid is not an offer and shall in no way bind the i 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. Dated: May 5, 2000. BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK i PLEASE PUBLISH ON MAY 11, 2000 AND FORWARD ONE (1) AFFIDAVIT iOF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN iHALL, PO BOX 1179, SOUTHOLD, NY 11971. !: !iCopies to the following: The Suffolk Times Town Board Members~ Town Attorney ,, Engineering Inspector Richter Dodge Reports Brown's Letter Burrelleas Information Services Construction Information Data Construction 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 5th day of May 20§0 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 the construction of a Walking S Jogging Track at Peconic Lane Park, Peconic Lane, Peconic, Bid Opening at 10:00 A.M. , Thursday, May 18, 2000. Elizabeth A.r Neville Southold Town Clerk Sworn to before me this Rth day of May , 2000TM' ' Notary/Publlc / - LINDA J. COOPER Notary Public, State of New Yo~l: No. 4E22563. Suffolk Co~rtty a Term Expires December 3% . ~'o?~ IJEGAL 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 furnishing all labor, materlab and equipment as required for the construction of a Walking & Jogging. Track at Pecouic Lane Pa~k, PeeonK~Lane, Peconic, New York, all in accordance with specifications p~pased by James A. Richter, Specifications may be obtaioed at the Office of the Town Clerk, Soutbold Town Hall, 53095 Main Road, Soutbold. New York. upon payment of a $10.~0 non-refundable fee. The sealed bids, together with Non-Collusive Bid Certificate will be received by the Town Clerk, at the Southold Town HaH, 53095 Main Road, Southold, N.Y., until A.M., Thursday, May 18, 20~0, at which time they w~ll be opened and read aloud in public. The Town Board of the Town of Southoid reasr~es the right to reject any and all bids ~md to waive any and all infor- malities in any bid and retain bids for 45 days from the date of receipt should it be deemed in the best inter- est o~ Ihe Town of Soutbold to do so. The contractor may not withdraw his bid during this period. Performance and payment bonds in the amount of 100% of the contract price will be required of the successful biddec All bids must be signed and sealed in envelopes plainly marked "Bid on Construction of Walking & Jogging Track -- Pecoalc Lnne Park", and submitted to thc Office of the Town Clerk. Thc bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. This invitation to bid is not an offer and shall in no way bind the Town of Southoid to award a con- tract for performance of the project. Should the Town of Southold decide to award a contract, it shall be award- ed to the lowest responsible bidder. Dated: May' 5, 2000. BY ORDER OF THE ' SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 1317-1TMvll STATE OF NEWYORK) )SS: COUNTY OF SUFFOLK) ~ [~j../~,~. (],~'~ 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 NewYork, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for (, weeks successively, commencing on the { I ~' day of 2o .. ~.~ Principal Clerk Sworn to before me this / ~"~ day of ~,J[~ 20 ~ CHRIS'nNA '1'. WE~3Eq ~ E,,~ December 13, __ I